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HomeMy WebLinkAbout11-7161Robert 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. l f? -//07 Norfolk, VA 23502 No / ?- Plaintiff v. rn? cs? 1 n-1 r - RONALD H ZENEFSKI ZM E13 -V j- 1 29 HIGHLAND AVE SHIPPENSBURG PA 17257 Defendant ' _ = " G z --4 a 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 Carlisle, PA 17013 (717) 249-3166 WAD Pennsylvania Lawyer Referral Service (800) 692-7375 This communication is from a debt collector and is an attempt to collect a debt. pL ?(-76 V 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. RONALD H ZENEFSKI 29 HIGHLAND AVE SHIPPENSBURG PA 17257 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 I his c oninitinication is froty) ?i debt collecto nid is an attempt io collect a delft, Any inforinatioti obtained X01 be a ed #<}r that I)LIn?OS'e, 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. RONALD H ZENEFSKI 29 HIGHLAND AVE SHIPPENSBURG PA 17257 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 RONALD H ZENEFSKI, is an adult individual with last known address of 29 HIGHLAND AVE, SHIPPENSBURG PA 17257. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / SEARS on May 26, 2008 with account number ************2063 (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. J his con miunication i5 from a debt collector and is are attempt to collect a cleft. ny info rination obtained will be used for that 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. 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 June 10, 2010. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA, N.A. / SEARS 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 $2,796.35. 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, RONALD H ZENEFSKI, in the amount of $2,796.35, plus costs of this action and any other relief as the Court deems just and L Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 10-87372 This communication is from a debt collector and is an attempt to eolle .1 a debt. Anv information obtained will be used fcir that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Chela WicP 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 : A -')O\\ By: Chela Wise Custodian of Records 10-87372 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: ************2063 RONALD H ZENEFSKI Account Holder: RONALD H ZENEFSKI 29 HIGHLAND AVE SHIPPENSBURG PA 17257 Consumer Account Product Code: MC Issuer: HSBC BANK NEVADA, N.A. / SEARS Assignee: Portfolio Recovery Associates, LLC Account Number: ************2063 Date Account Opened: May 26, 2008 Date of Last Payment: June 10, 2010 Date of Charge Off: July 31, 2010 Balance at Purchase: $2,796.35 Purchase Date: August 24, 2010 Balance at Charge-Off: $2,796.35 Less Payments: $.00 Balance Due: $2,796.35 10-87372 HSBI93 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. / SEARS ("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 August 24, 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 RONALD H ZENEFSKI ("Debtor") to the Account Seller the sum of $2,796.35 with the respect to account number (************2063), as of July 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 $2,796.35 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC By: , Custodian of Records Subscribed and sworn to before me on of , 2011 17 ot- Pu is Margie Camper Snoody 10-87372 Commonwealth of Virginia Notary Public Commission No. 7500958 QIAY Commission Expires 2128/2015 This comra xnica€ion is from a debt collector and is an at )t collect a cleft, Any inl'or-mation obtained will be used for t1i - rug)ose, HSBC tD 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 2b, .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 27th day of August, 2010. HS BC SE VICES (III) INC. By: Name: Paul Stanborou Title: Vice President HSBC BANK NEVADA N.A. By: Narne: Paul Stanborou h Title: Senior Vice President HSBC Card and Retail Services 90 Christiana Road, New Castle, DE 19720 N58193 IV>V If you fail to pay the amount we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you, and you write mustanyuos within rteepnodrtays telling us you still refuse to pay we q6it yyoour bill. And we must fell you to nameta off anyond we reepportrtead you to. U 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 H you have a? pprob?m with the quality of property or services you urchased with a credit card and ou have tried I d f ith t This document and accompanying Additional Disclosure Statement up your Cardmember Agreement and ,'throughout this make p , y n goo a o correct the problem with the merchant, you may have the right not _ document are referred Was 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 infonnation 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 currentmailing 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 itforfuture 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 property or services HSBC Card Services Inc and/or HSBC our business. Y . . Card Services (II Inc. provide processing services for HSBC Bank Nevada N , . TABLE OF CONTENTS You may write to us at the address shown on our billing t t t HSBC B k N d N 1111 T e s a emen . or an eva a, .A., nter own C Drive, Las Vegas, Nevada 89144. Agreement to Terms and Definitions 1 Using.YourAcoount 1 • Your Credit 1 Payment 2 Interest Rates and Finance Charges 4 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. Account Fees Foreign Transactions Account Renewal, Closure And Termination Credit Card Fraud Personal Information Additional Temps Your Billing Rights 1 8 9 10 10 11 14 AG2505A (12106) CI AGREEMENT TO TERMS AND DEFINITIONS This Cardmember Agreement and any amendments (Agreement) govern the open end line of credit we have establish you (your Account). "You" and your' refer to all persons who applied for the Account or are contractual liable through any other means. 'We, us 'and 'our' refer to HSB Bank Nevada, N.A. "Carl" means airy credit cards or other access devices issued under this Agreement. 'Network' means Visa International, MasterCard International Incorporated, Discover Financial Services LLC or other governing credit card network, as applicable. You and we are bound by this Agreement from the earlier of the time yyoouu 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 tt 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 your Account to make payments only us or an r% of our u affiliates. You agree to use your Account ly for d purposes and that if your Account is used for any other purposes you are responsible for such use and may b t5 amend erxpenreimburse us and the Network for all resulting Types of Account Transactions You can access your Account using your Card or by other means approved by us to make purchases or receive cash advances. We may limit the dollar amount and/or frequency of any type of transaction without notice to you. YOUR CREDIT Credit Limit We will advise you of the total credit limit on your Account. All or a portion of your total credit limit is available for cash advances. Your total credit limit and cash advance limit may change from time to time. We will notify you of any such changes-through your billing statement or by sending you a separate notice. If no separate cash advance limit is baled on your billing statement, then the amount of your credit limit available for cash advances is your total credit limit. You agree not to allow your unpaid balance (including Finance Charges and other charges) to exceed your total credit limit We may not extend credit if you have exceeded your total credit limit or if the amount requested would cause you to exceed your total credit limit. If you exceed your total credit limit, you agree to pay us that excess amount immediately. Your available credit and cash advance amount may not reflect your payments for up to 14 days. If you have a 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 otthose events happen. We. may refuse to authorize any translns at our sole discretion including, without limitation, lift we reasonably suspect that such authorization may 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 accept or honor.your Card. PAYMENT Promise to Pay You promise to pay according to the terns of this Agreement for all. (a credit we extend on your Account; (b) Finance Charges, ate charges, overlimit charges and administrative charges (e.g. for research, returned checks, overdraft L tection if applicable, etc.)•provided in this Agreement; and collection costs and attorneys' fees to the extent permitted applicable law. If our Account is a joint Account, each joint Accountholder is 1ointly and individually responsible for all amounts due under this Agreement regardless of death, divorce, other legal proceedings or any agreement that may affect liability between you. If any joint Accountholder requests to not be liable for future transactions, we may close your Account. If we do, you must continue to pay according to the terms of this A rrer men, but you will not be able to make new charges on you 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 New Balance is not more than $15, your Minimum Payment Is the New Balance. (2) if your New Balance is more than $15, your Minimum Payment is the greater of (a) 1 % of the New Balance shown on your statement plus the following: • any periodic Finance Charges • any Monthly Maintenance Fee Finance Charge, or an amount equal to 1/12 of the Annual Fee, if applicable, and • any additional amounts disclosed in the Additional Disclosure Statement, or (b) $15 2 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 overlimit fee by Immediately paying at least the Current Payment Due upon delivery of your billing statement. If our Account is delinqquent, you can avoid an additional late fee by paying at leastthe Minimum Payment plus any past due amount by the Payment Due'Date; however, if you cannot pay this amount, you must pay at least the Minimum Paymentby 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. Except for disputed payments, if you pay by mail the payment must be.sent to the address specifi on your billing statement If you pay by negotiable instrument, such as a money order or check it must be in a form that is acceptable to us and must be. drawn on a U.S. financial institution. Any check, money order or -other instrument tendered as an accord in satisfaction, or which includes a condition, restrictive endorsement or any statement to the effect that ..of such Instrument shall constitute full or Crdualoi at n 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 lt 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 corndy with the foregoing and we process it, we will not be bound. y the Condition. BY sending us a check for ppaayme?nt on. our Account, you authorize us to initiate an electronlofunds transfer from your bank or other financial Institution account according to•the terns of the check. This. means that your check will be converted to an electronic transaction and your original check will not be returned to you by your bank. Your original check will be 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 number on the back of your card. Application otPayments At our discimbon, payments are generally applied to interest, fees and then principal balances. We apply your payments to lower APR balances before higher APR balances. The a lication of payments is 'subject to change at any time, wtttiout 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 addln a specified amount ( Spread") to an Index (described below)g. The APR is divided 6 365 and rounded to the next highest hundred thousandth oa percentage point to determine your Daily Periodic Rate. The Daily Periodic 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) MonthhL-Index For each billing cycle, the Index is rtnin n , month prior to the month in which the billing cycle ends. In that prior month, the highest domestic "Prim Rate" published in the Money Rates table of The Wall Street Journal is selected (the "index"). N the Index has changed the new variable rates will take effect with the billinggcycla that ends on or after the first day of the month following the Index change. (2) Qyadft Index The Index for the current and each subsequent quarter is the highest domestic "Prime Rate" published in the Money Rates table of The Wag Sheet Journal on the first business day of the precedi calendar quarter. he new eftectti the Index has cycle to s InrJannuuarrates y Apriril, July or October folowing the Index change. (3) dgA Please see your Additional is 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 corresponding Daily Periodic Rate are disclosed in the Addition Disclosure Statement 4 Cash APR For cash advances the Spread (for variable rakes), APR and corresponding Dally Periodic Rate are disclosed in the Additional Disclosure Statement. Default APR If your Account has a Default APRprovision, the Default APR and conditions that may cause a Default APR totake effect as well as the Spread (for variable rates), i4PR.and corresponding Daily Periodic Rate are disclosed in tea Additional Disclosure Statement. Promotional or Introductory APR At our discretion,.. we may offer you a Promotional or Introductory APR for any type of transaction. The Promotional or. Introductory APR, corresponding Daily l Periodic Rate, period of time r which the Promotional or ntroductory APR applies, and conditions by which the promotional period may be shortened are disclosed in the offer. Certain promotional offers may or may not be subject to Cash Advance Fees. Any Promotional or Introductory APR offer will be subject.to the terms of the offer and this Agreement. Finance Charges Finance Charges are the total of the greater of (a) Minimum Finance Charge or (b) Periodic Finance Cha es, and.an applicable (c) Cash Advance Fee Finance harges, (o until payment in full is credited to your Account. However, there is a Grace Period on new credit card purchases. That mans, 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.credit card purchases,, ipdrovided the Now Balance for the current illin cycle. If afr, the by the New Balance t is not paid in (full by bthe Payment bhoweveus Date for the Immediately preceding billing cycle, periodciic Finance' Charges will be incurred on new credit rst time in ci?ird fl= sly billed but purchases dit card for the s from -the the current cycle. (2) (including balance transfer and credit ca checks). anodic 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 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 Foreign Trensacbon Fee Finance Charge (e) C K Li ml may accrue. Increase Fee Finance Charges ( Monthly We) Fee Finance Chargas, (g) Overdraft Fee Finance Charges, and Any fee Finance Charge may cause the APR on the, billing (h) any other Finance Charge(s). statement on which the fee Finance Charge first appears to exceed the -nominal APR., Please see the Additional Disclosure Statement for applicability and amount of the following Finance Charges. (a) Mini Finance Charge A Finance Charge that is assessed in lieu of a lesser periodic Finance Charge in any billing cycle in which a periodic Finance Charge is payable. we tlgw any now transactions, an any assessed fees nand ch?argcees?s periodic r and subtract s and/or credits. If a debit transaction posts after the a btiling c but the trransaction occurred prior to of thattx'lllna cvcla. the appicable Daily Balance will be . *n tad to include the transaction- amount and any previous day's periodic Finance Charges for each day the transaction amount was outstanding prior to the beginning of the current bitting Then, for each transaction category, we add the Daly for the tzlGng cycle together divide the total by M umber mber of days m the 6tllurg gcycTe. This is the Average Daily Balance for each transak on cafe ory. (1) Periodic Finance Charges begin to accrue on e e transaction and continue to accrue 5 (c) Cash Advance Fee Finance Charges. Cash advances ndude all advances to get cash over the counter, through an ATM, balance transfers (if available), credit card checks; (if available), or other "cash-like" transactions (such •as purchasing a. money order travelers check, casino or betting chip or a Pottery ticket) as determined by us. A Finance Charge wilt be computed on the amount of each cash advance as oft e date of the transaction. ((d) Foreign Transaction Fee Finance Charge. A Foreign 1 ransaction Fee Finance Charge is assessed on .transactions made in a foreign currency. Your billing statement will list the transactions separately from the Foreign Transaction Fee Finance Charge. (e) Credit Limit Increase Fee Finance Char If you request and are approved for a credit limit increaseCLI".), a CLI Fee Finance Charge may be assessed to your Account. (f) Monthly Maintenance Fee Finance Charges. A Finance that wwhhe ever that Account Is c lo edAccount ebit ba ante. cycle (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 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 exceedyyour available.dredit limit. You understand that we'have.the right to cancel this. Account or your overdraft loan privileges. at any time.: . We may add an Overdraft Fee Finance .Charge,to• r•Account if your Account is utilized.-to .. cover. anyq: overdraft.. on your designated depposit account. An Overdraft:Fee Finance Charge will tie oompufad. on the amount of each overdraft transaction: h) . See Additional Disclosure Statement for any additional inance 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 FeeiPerfoiiic 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 yourAssccount s?oupecln Sthe Annua uFee/PerriioddicfiMemerayy Membership your Account are refundable so tong as you have not used the Account. The Annual FeeiPeriodic 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. Overlimit Fee An Ovedimk Fee Is assessed If the Account balance exceeds the applicable credit limit at any time during a billing cycle. We may mpose this fee even if we authorize or impose any charges that cause your balance to exceed the credit limit Other Fees and Charges Returned Payment Fee A Returned Payment Fee is assessed to the Account each time a payment check; automatic payment deduction, or other payment method is not honored or is returned unsatisfied by the bank or other financial institution. Any payment returned unsatisfied for any reason may be reposted to any type of 7 transaction (i.e. cash advance, purhasgs, etc.) and Finance Charges may be reinstated back t. 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 r -7 A Check By Phone Fee is assessed to ttie,coont 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 uest Payment may be stopped on a credit card check by no ng us In writing or by calling us at the telephone nom listed on the Account billing statement, so long as such check has not already been processed. A stop payment oast must include the check number, payee, amount, and card ?ofd? the If a stopipe anti is?requ es di by ptelephone tie call must be confirmed in writing within 14 days: A written stop payment will remain in effect for six months unless renewed in writing. The address to'send a stop "payment request is disclosed in the Additional Disclosure Statement. Research Fee A Research Fee is assessed to the Account for each sales slip copy, statement copy and application copy requested. Replacement Fee A Replacement Fee is assessed to the Account if we replace a Card that is lost, stolen, or damaged, or if'we issue a replacement Personal Identification Number (PIN) to facilitate access to Automated Teller Machines. If a replacement card is requested on a rush basis, we will charge our current fee for this service. Reinstatement Fee A Reinstatement Fee is assessed whenever a request to reopen a closed or blocked Account is approved. Additional Fees See the Additional Disclosure Statement for any other fees that may be applicable to your Account. FOREIGN TRANSACTIONS If you make a transaction In a foreign currency, the transaction oil be converted by the Network, into a U.S. dollar amount in accordance with its operating re gulations or conversion procedures In effect at the1me the fansacton is processed. Details concerning these procedures are shown in the Additional Disclosure Statement The Network may change the procedures, from time to time, at its own discretion. 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 ban 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 ay credit cans check written on your Account or authorize any transactions after our Account is dosed. The address to send your request to dose your Account is disclosed in the Additional Disclosure Statement Account Closure` We may.dose your Account, suspend your credit privileges, or reduce your credit limit at any time and for any reason, subject to time requirements of applicable law. In any of these events, your. Account balance will continue, to accrue Finance Charrggeland fees, until 'paid in full, and Will .remain subject to all time terms and conditions of this Agreement. If we dose your. Account you a roe to destroy your Card(s) and. any unused credR card checks. If Your Account has been closed, or your credit privileges are suspended, you may not use your Card or credit card checks. Default You will be In default under this Agreement if: (a)) you make at least the Current Payment-Due in time to be cr to your Account by the Payment Due Date; (b) you any other provision of this Agreement; (c) you die; (r nn misieaamng, raise, mcompiete or i we receive information from third moortina anendes, which indicate a aeon uency or charge-air wrm otner creartors; t you Tan to rovi a us a physical address;' (h) you exceed your credit limit; (i) your payment is returned unsatisfied by your bank or otheriinancial institution for any reason; or 0) any credit card check is returned unpaid by us. Upon default, we have the right to dose your unt to terminate or suspend your credit privileges under this Agreement, to change the terms of your Account and this Agreement, to require yyoo toaid your entire Account balance Including all accrued buu t un pay charges immediately and to sue youforwhat you owe. If you do not pay. us, your bccount balance will continue to accrue Finance Carges and fees until paid in full and will remain subject to all the terms and conditions of this Agreement. If we sue you, or if we hire a third party to collect our Account balance, you will pay our court costs, reasonable attorneys' fees and other collection costs related to the default to the extent permitted by law in.the state in which you reside, and we will apply your payments first to attorneys fees and other costs and then to principal and unpaid Finance Charges. Security Interest If you have not completed a Security Agreement for your Account, we are extending you an unsecured line of credit. you have completed an application and Security Agreement r a secured account, the terms and conditions contained ithin this paragraph apply to your Account As Security for your Dmformance under this Agreement, including but not limited to e repayment of all'credit extended under this Account and any placement secured credit card account, you assign, pledge, the -Aaamonar urscrosure btatemenr. You aumormze us to restrict'withdrawals from your Deposit Account until such time as this Account is dosed and all your indebtedness is fully satisfied or until this Account is otherwise modified by us. If you exceed your credit limit, or otherwise default under the terms of your Agreement, or if this Agreement 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 may notify us by calling us at the phone number disclosed in the Additional Disclosure Statement. Liability for Unauthorized Use You should retain copies of all charrgge slips until you receive your statement at which time you.shoufd 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 listed on your billing statement You will not be liable for any unauthorized use of-your credit card Account when you noti us immediately by phone or in writing. In any case, your iiabil' for unauthorized use of your credit card Hn"II not exceed $0. e nodrillps to notify us of unauthorized use of your credit card is di 1 in the Additional Disclosure Statement. You may also tali 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 Updated Financial and Other Information Upon request, you agree to promptly give us accurate financial and other information about yourself: Credit Reporting rreport reflecting ion.yourncredit recorddmay 559 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 confirmation of the alleged error) reported to any credit repedn agency by writing to us at P.O. Box 98706, Las Vegas, NV 89993. Certain Privacy Practices You, agree that from time to time we may receive credit information concerning y u from others, such as stores, other lenders, and credit reporting agencies, and that we may use this information to amend, cancel or suspend your credit privile es under this Agreement even if 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 aggree that our supervisory personnel may listen and record telep-hama 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) WE MAY CHANGE OR TERMINATE ALL OR AN THIS AGREEMENT OR ADD NEW TERMS AT IT CHANGES APPLY TO BALANCES. Arbitration Please see the Additional Disclosure Statement for applicability to your Account This arbitration provision, shall apply to any Cl aim against us, and to eao of our parents, subsidiaries, affiliates, an company providing a rewards feature in conjunction with this Agreement, predecessors, successors, and assigns, and each of their 9 10 11 officers, dired dispute, or c Intentional or or . or i our right to claims court As, and employees. You agree any claim, y (whether based upon contract; tort, B; constitution; statute, common law. or ,a etdating, present a future), inducing aims, crossmblaims and third W claims, I to this Agreement or the relationships 3 Agreement, including the val ilty or rbitration clause, any pbr thereof or the im"J%; shall be resolved upon the election ?g arbitration pursuantf to this arbitration able sties or procedures of the arbitration at the time the Claim is fled. The party select proceeding shall have the right to ee erbrtr?ion administrators: tie National P) the American Arbitration Association 94ator shall be a lawyer with more than a retired or former. We agree not to (rate an individual you may bring in in equivalent court, if any, so' long as the in that court. The rules and forms of the $ may be obtained by writing to time uidresses listed below. Our address fir arbitration est your residence wwthat you h6m a at such other location as agree u fie. you will oav the first S50 of administrator on an Claim submitted bytoyoouu in amitraaon u w a additional fees ill to the maximum rrbittradonmir>isfnator, wee w cor>sidee eyrequest by you to all or part of the additional fees; however, we shall not be opted to pa any additional fees unless the arbitrator gwtB you an award. If the arbitrator grants an award Ill your favor, we will 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 amount of the actual award in your-favor. The pares shall bear the expense of their respective attorney's fees, except as otherwise provided by law. If a statute gives you light- to recover any of these fees, or the fees paid to the ar=Mon administrator, these rights shall apply in the arbitration notwithstanding argRtring to contrery contained herein. If the arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously .paid to the arbitration administrator or for which we are responsible. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be govemed by the Federal Arbitration Act 9 U.S.C. Sections 1 - 16 (the "FAA"). The arbitrator shall apply applicable substantive law consistent with the FAA and provide 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 parties agree that the award shall be kept confidential. Judgment upon the award may be entered In any court having jurisdiction. THE PARTIES ACKNOWLEDGE THAT TW-Y ;HAVE A RIGHT TO LITIGATE CLAIMS THROUGHF A COURT BEFORE A JUDGE OR JURY BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY QcTS ARBITRATION. THE PARTIES. HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER PARTY. You ma contact, obtain the arbitration rules of, or-file a G.laim with NAF, AAA or JAMS as follows: National Arbitration Forum JAMS P.O. Box 50191 45 Broadway Minneapolis, MN 55405 New York, NY 10005 www.aarfbrum.com www.jamsadr.com Code of Procedure Financial Services Arbitration Rules and Procedures American Arbitration Association 1150 Connecticut Ave. NW 6th floor Washingbn, DC 20036-41114 www. r.o Arbitration ules for Consumer Disputes (Claims under $10,000) Commercial Arbitration Rules (all other claims). Assignment of Account We may sell, assign or transfer your Agreement and Account or any portion thereof without notice to you. You may not sell, assign or transfer your Account. Waiver We may choose to delay enforcing or waive any of our rights under this Agreement in certain situations. We can delay enforcing or waive any of our rights without affecting our other rights. If we waive a right, we do not thereby waive the 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 adomeable. Applicable Law This Ap,?reement and your Account will.be governed by federal law ana 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 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 se arate 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 Yyou have authorized us to pay: your Account bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including Finance Charges, and we can apply any unpaid amount against your Credit Limit. You do not have to pay: any uestioned amount while we are Invest sting, but you are still obligated to pay the parts of your bill thaVare not in question. If we find that we made a mistake on your bill, you will not have to pay any Finance Charges related to any questioned amount. If we didn't make a mistake, you may have to pay Finance Charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date it is due. 14 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i£ SLED 0r F'! G `- ? I4 r7 R Sheriff ,, . ?, ,tr al ?x+nbrr???? G SE? .? Jody S Smith Chief Deputy 0 P Z: 38 Richard W Stewart CUMBERLAN115 L1ct` Solicitor fFCF w :,G EENNSYL?!AN11A Portfolio Recovery Associates, LLC Case Number vs. Ronald H. Zenefski 2011-7161 SHERIFF'S RETURN OF SERVICE 09/27/2011 Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 27, 2011 at 1445 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ronald H. Zenefski, by making known unto himself personally, at Lemoyne Sleeper, 1036 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. Ronald H. Zenefski currently resides at 137 Oak Hill Road, Carlisle, Pennsylvania 17015. SHERIFF COST: $54.00 September 28, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF o COW V;SU1Ie Shenft Tcele Sots In-; Carrie A. Brown, Esquire r Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire FILED-OFFICE Attorney ID # 94055/201259/312686 U F THE PROTHGNOTARf, Portfolio Recovery Associates, LLC 120 Corporate Blvd 313 DEC I I PM 2: 50 Norfolk, VA 23502 CUMBERLAND COUNTY 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 No. 11-7161 Plaintiff V. RONALD H ZENEFSKI 29 HIGHLAND AVE SHIPPENSBURG PA 17257 Defendant PRAECIPE TO SETTLE DISCONTINUE AND END PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, DISCONTINUED AND ENDED. /Reec11 ubmitted e . 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 10-87372 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. 11-7161 V. RONALD H ZENEFSKI 29 HIGHLAND AVE SHIPPENSBURG PA 17257 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle Discontinue and End upon RONALD H ZENEFSKI,by First Class Mail, Postage Pre-Paid, a copy thereof on this day of , 2013, to: RONALD H ZE FS 29 HIGHLAND AVE, SHIP EN G kJr , Esquire ert N. Pola , 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 10-87372 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for this purpose.