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HomeMy WebLinkAbout11-7313Robert 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 °i? Li 0_ Gpu1 T 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. ROBERT E DOWELL 92 BEAGLE CLUB RD CARLISLE PA 17013 Defendant NOTICE No. 1 l - c7? ? `v i 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 ? ?4a•Cb13d a? This communication is from a debt collector and is an attempt to collect a debt. C 3 S C Any information obtained will be used for that purpose. v m a $ 5 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. IV. ROBERT E DOWELL 92 BEAGLE CLUB RD CARLISLE PA 17013 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 J 1w, coninitinicaticon iR fiom a debt collector and is an aiie pt in c olik,ci .j de[- + Any inkm cation obtained v,1101 be w;ed fOr Him purf,,vr. 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. : ROBERT E DOWELL 92 BEAGLE CLUB RD CARLISLE PA 17013 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 ROBERT E DOWELL, is an adult individual with last known address of 92 BEAGLE CLUB RD, CARLISLE PA 17013. It is averred that Defendant was indebted to HSBC CARD SERVICES (III), INC. / ORCHARD BANK on April 7, 2006 with account number ************8561 (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. hi.` COM11AUnication is s_roltn a d6t, collt'.clor <)kt.Ci lo) ?'ft11kxl a (i.cbt. Any infortna[i{ n ;. btaine0 .silo be usci for if ii purpose, 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on July 21, 2008. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC CARD SERVICES (III), INC. / ORCHARD BANK 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 $2,856.01. 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, ROBERT E DOWELL, in the amount of $2,856.01, plus costs of this action and any other relief as the Court deems just Robert N. Polas Jr., Esquire # 201259--'-"- Carrie A. Brown, Esquire # 94055 10-17108 s f77 i iDlllTklidllT?';ttk3T5 T ?J'71t7 f3 t e't t;Ci < tilt atlen pf to t'kd ? t it €Iei3t. Anv in ortnatioii obtained pined ,, ii' be ustd for that 1-;urp< se, VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, I Toeya Hollenbeck 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 _ By; Tanya Custo a of Records 10-17108 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: ************8561 ROBERT E DOWELL Account Holder: ROBERT E DOWELL 92 BEAGLE CLUB RD CARLISLE PA 17013 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase Purchase Date: Product Code: MC HSBC CARD SERVICES (III), INC. / ORCHARD BANK Portfolio Recovery Associates, LLC ************8561 April 7, 2006 July 21, 2008 March 31, 2009 $2,856.01 September 22, 2009 Balance at Charge-Off: $2,856.01 Less Payments: $.00 Balance Due: $2,856.01 10-17108 HSBF79 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, TanyaHollenbeck Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's records, including a review of the business records transferred to Account Assignee from HSBC CARD SERVICES (III), INC. / ORCHARD BANK ("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 22, 2009. Further, the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from ROBERT E DOWELL ("Debtor") to the Account Seller the sum of $2,856.01 with the respect to account number (************8561), as of March 31, 2009 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $2,856.01 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC By: Tana llen ec , Custodian of Records Subscribed and sworn to before me on 3n),-7of , 2011 Notary Public CommApril J. Hines onwealth of Virginia Notary Public 10-17108 Commission No. 7372296 MY won EXPirea 04/30/2014 ? (, ;... 1?1-oln <a det-t Ilc' ( elan is all <am"Illpt to collect Ga deh[. 1 %kill be ,,,_s •1 r that purpose. If you fail to pay the amount we think you owe, we may report you as delinquent. However, if our explanation does not sabsfv you, and you write to us within ten days telling us you still refuse to pay we must tell anyone we report you to that you have a question moot yyour bill. And, we must fell you the name of anyond 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 If you have a problem with the quality of property or services you purchased with a credit card, and you have tied in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right (a) You must have made the purchase in your home state or if not, within 100 miles of your current mailing address. (b) The purchase price must have been more than $50. -i CARDMEMBER AGREEMENT AND DISCLOSURE STATEMENT AG2505A (12!06) Ct This document and accompanying Additional Disclosure Statement make. up your Cardmember Agreement and `throughout this document are referred to as Cardmember Agreement or Agreement. The Additional Disclosure Statement contains important Account information including your Annual Percentage Rates ("APR"s) and amount of any fees. Please take the time to familiarize yourself with your Agreement and retain it for future reference. 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 our business. Property or services. HSBC Card Services Inc. and/or HSBC y and Services (II) Inc. provide processing services for HSBC Bank Nevada, N.A. TABLE OF CONTENTS You may write to us at the address shown on our billing statement. or HSBC Bank Nevada, N.A., 1111 Town Center Agreement to Terms and Definitions 1 Drive, Las Vegas, Nevada 89144. Usin Your Account 1 e?`? /-,? - 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. 9. Your Credit Payment Interest Rates and Finance Charges Account Fees Foreign Transactions Account Renewal, Closure And Termination Credit Card Fraud Personal Information Additional Terms Your Belling Rights 1 2 4 7 8 9 10 10 11 14 AG2505A (12/06) C! AGREEMENT TO TERMS AND DEFINITIONS This Cardmember Agreement and any amendments (Agreement) govem the _open end line of credit we have established4or you (your o "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, N.A. "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 credit card network, as applicable. You and we are bound by this Agreement from the earlier of the time u receive it or from the data of the first transaction, including without imitation, the placement or posting of any Annual Fee or Perilodic 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 t)te customer service number on the. back of your card. USING YOUR ACCOUNT Account Vse Restrictions You agree to use your Account only for personal, family, household, or charitable purposes. You agree not to use our Account to make payments to us or to any of our affiliates. You agree to use your Account only for valid and lawful purposes end that if your Account is used for any other purposes you are responsible for such use and may be required to reimburse us and the Network for all resulting amounts and expenses. Types of Account Transactions You can access your Account using your Card or by other means approved by us to make purchases or receive cash advances. We may limit the dollar amount and/or frequency of any type of transaction without notice to you. YOUR CREDIT Credit Limit We will advise you of the total credit limit on your Account. All or a portion of your total credit limit is available for cash advances. Your total credit limit and cash advance limit may change from time to time. We will notify you of any such changes through your billing statement or by sendin 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. 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 sending 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 helve sufficient available credit. We will not be liable to you if any p-tthese events happen. We may refuse to authorize any, trans?ictions at our sole discretion including, without limitation, f '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 orhonor.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, late charges, overlimit charges and administrative charges (e.g. for research, returned checks, overdraft protection, if applicable, etc.), provided in this Agreement; and (c) collection costs and attorneys' fees to the extent permitted by applicable law. If your Account is a joint Account, each joint Accountholder is jointly and individually responsible for all amounts due under this Agreement regardless of death, divorce, other legal proceedings or any agreement that may affect liability between you. If any joint Accountholder requests to not be liable for future transactions, we may close your Account. If we do, you must continue to pay according to the terms of this Agreement, but you will not be able to make new charges on your Account. Payment Each statement you receive from us will identify a Minimum Payment and Current Payment Due. Minimum Payment The Minimum Payment is calculated as follows: (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 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 delinquent, 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, 6 ou must pay at least the Minimum Payment by the Payment us Date to avoid progressing to the next stage of delinquency. You may pay more than the Current Payment Due and may pay the entire New Balance at anytime. 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 specified 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 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 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 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 nurpber on the back of your card. Application of-Payments At our discretion, payments are generally applied to interest, fees and then principal 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 speed amount V1 read") to an Index (described below,. The APR is divided 65 and rounded to the next highest hundred thousandth ppeercentage 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) Monthly l0d94 For each billing cycle, the Index is determined in the month prior tope 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) OWarterly Index The Index for the current and each subsequent quarter is the highest domestic "Prime Rate" published in the Money Rates table of The Wall Sheet Journal on the first business day of the preceding calendar quarter. tf the Index has changed, the new variable rates will take effect with the billing cycle that begins in January, April, July or October following the Index change. (3) Other Ind_e Please see your Additional rsc osure Statement. 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 Additional Disclosure Statement. 4 Cash APR For cash advances, the Spread (for variable rates), 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 totake effect as well as the Spread (for variable rates), APR.and corresponding Daily Periodic Rate are disclosed in4ve; Additional Disclosure Statement. Ak''` 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 subject 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 Charges, and .an applicable (c) Cash Advance Fee Finance Charges, ( Foreign Transaction Fee Finance Cha a (e) Credit Limi Increase Fee Finance Charges, (fl MonRy Maintenance Fee Finance Charges, (g) Overdraft Fee Finance Charges, and (h) any other Finance Charge(s). Please see the Additional Disclosure Statement for applicability and amount of the following Finance Charges. (a) Minimum Finance Charge. A Finance Charge that is assessed in lieu of a lesser periodic Finance Charge in any billing cycle in which a periodic Finance Charge is payable. A,% Darinrrrr. Finnnr_a Charne_a_ Periodic Finance Charass are of transactions shown on s- balance transfers. rash the Daily Balances, we take the beginning MM balance Tor each careaory or uansacuuns each day add any new transactions, any previous day's periodic Finance charges, any assessed fees and charges, and subtract any pa rTts and/or credits. If a debit tranSactlon posts after the begmnof a billingg c??yce, but the transaction occurred prior to tha heninnInn of thafbillirw cvde. the aDDUcable Dailv Balance will enodic Finance Charges for each day the transaction was outstanding prior to the. beginning of the current foie. Then, for each transacon eate-gory we add the lances for the biling cycle together anddMde the total by bar of davs In the 6ilAng cycle. This is the Average Daily Balance for each transaction category. pses Periodic Finance Charges begin to (1) Credft C Pu accrue on e date 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.credit card purchases, provided the New Balance for the current billing cycle is paid in full by the Payment Due Date for that billing cycle If however, the New Balance is not paid in full by the Payment bue Date for the immediately preceding billing cycle, periodic Finance, Charges will be incurred on new credit card purchases i.e., purchases appearing for the first time in the current cycles from the date of the transaction and on the DDreviously billed but unpaid credit card purchases-fromthe #,r?f rln , ?f tha n v nt r Ha (2) Caso cep (including balance transfer and credit car checks). enodic 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 may accrue. Any fee Finance Charge may cause the APR on the, billing statement on which the fee Finance Charge first appears to exceed the -nominal APR.. (c) Cash Advance Fee Finance Charges. Cash advances include all advances to get cash over the counter, through an ATM, balance transfers (if available), credit card checks: (if available), or other "cash-like" transactions (such as purchasing a. money order traveler's check, casino or betting chip or a lottery ticket) as determined by us. A Finance Charge will be computed on the amount of each cash advance as of the date of the transaction. Ld) Foreign Transaction Fee Finance Charge. A Foreign ransaction Fee Finance Charge is assessed on transactions made in a foreign currency. Your billing statement will list the transactions separately from the Foreign Transaction Fee Finance Charge. (e) Credit Limit Increase Fee Finance Charges. If you request and are approved for a credit limit increase?LI'!), 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. (c) Overdraft Fee Finance Charges. (Applicable only to BC Credit Card accounts providing overdraft protection to designated HSBC Bank USA, N.A. eposit 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, to 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 credit limit. You understand that we have.the right to cancel this. Account or your overdraft loan privileges. at any time. We may add an Overdraft Fee Finance Charge.toyour•Account if your Account is utilized to, cover . anyy. overdraft on your designated deposit account. An Overdraft:'Fee Finance Charge will be computed. on the amount of each overdraft transaction., h) See Additional Disclosure Statement for any additional Finance Charges that may be applicable to your Account. ACCOUNT FEES Please see the Additional Disclosure Statement for applicability and amount of the following fees. Annual FeelPerlodle 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/Periodic Membership Fee(s) are refundable so long as you have pot used the Account. The Annual Fee/Periodic Membership Fee compensates HSBC Bank Nevada, N.A. in part, for cardmember services provided or made available to you throughout the membership year. Late Payment Fee A Late Payment Fee is assessed for each billing cycle in which at least the Minimum Payment, and any amount past due, is not paid in time to be credited to the Account by the Payment Due Date. Overlimit Fee An Overlimit Fee is assessed If the Account balance exceeds the applicable credit limit at any time during a billing cycle. We may impose this fee even if we authorize or impose any charges that cause your balance to exceed the credit limit Other Fees and Charges Returned Payment Fee A Returned Payment Fee is assessed to the Account each time a payment check, automatic payment deduction, or other payment method is not honored or is returned unsatisfied by the bank or other financial institution. Any payment returned unsatisfied for any reason may be reposted to any type of 7 transaction (i.e. cash advance, purchasgs, 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 A Check By Phone Fee is assessed to the Account each time a payment is made by telephone, even if the paymentis 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 request Payment may be stopped on a credit card check by notifying us in writing or by calling us at the telephone number listed on the Account billing statement, so long as such check has not already been processed. A stop payment reqquest must include the check number, payee, amount, and date_of the credit card check on which payment is to be stopp?eedd. If a stop pa ent is requested by telephone, the 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 ,will 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 transaction is processed. Details concerning these procedures are shown in the Additional Disclosure Statement. The Network may change the procedures, from time to time, at its own discretion. 8 ACCOUNT RENEWAL, CLOSURE AND TERMINATION Security Interest 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 close your Account is disclosed in the Additional Disclosure Statement Account Closure We-may-close your Account, suspend your credit privileges, or reduce our credit limit at any time and for any reason, subject to the requirements of applicable law. In any of these events, Your: Account balance will continue. to accrue Finance Charges and fees until paid in full, and will remain subject to all the terms and conditions of this Agreement. If we dose your. Account, you agree to destroy your rd and any unused ,cred!t' 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 fail to make at least the Current Payment-Due in time to be credited to your Account by the Payment Due Date; (b) Ile- violate any other provision of this Agreement; (c) you die• (d) you become subject to bankruptcy or insolvency procee8ings; (e) you supplyus with misleading, false, incomplete or incorrect information: M we receive information from third parties, delinqquency or onarge-otr wim orner creaimm; k 9i yvu Feu w limit; romit; a us a physical address;' (h) you exceed your credit ((i) your payment is returned unsatisfied by your bank or other financial institution for any reason; or 0) any credit card check is returned unpaid by us. Upon default, we have the right to dose your Account, to terminate or suspend your credit privileges under this Agreement, to change the terms of your Account and this Agreement, to require you. to pay your entire Account balance includin all accrued but un paid charges immediately and to sue youior what you owe. If you do not pay, us, your Account 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 your Account balance, you will pay our court costs reasonable attorneys' fees and other collection costs related to the default to the extent permitted by law in the state in which ou reside, and we will apply your payments first to attorneys' fees and other costs and then to principal and unpaid Finance Charges. If you have not completed a Security Agreement for your Account, we are extending you an unsecured line of credit. If you have completed an application and Security Agreement for a secured account, the terms and conditions contained within this paragraph apply to your Account As Security for your performance under this Agreement, including but not limited to the repayment of all'credit extended under this Account and any replacement secured credit card account, you assign, pledge, and grant to us a first priority security interest in all money now and hereafter in the deposit account with the bank disclosed in the "Additional Disclosure Statement". You autharize us to restrict withdrawals from your Deposit Account until such time as this Account is closed 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 refire all obligations incurred related to your Account, you agree to pay the amount owed to us immediately. CREDIT CARD FRAUD Lost or Stolen Credit Card or Account Checks You agree to notify us immediately if your credit card or credit card checks are lost or stolen. You may not!fy 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 learning of the loss, theft or possible unauthorized use or calling us afthe telephone number listed 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 add s to notify us of unauthorized use of your credit card is Idibed in the Additional Disclosure Statement. You may also call 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 If you fail to fulfill the terms of your credit obligation, a negative report reflecting on .:your credit record may be submitted to a credit reporting agenccyy if any specific information related to your Account transactions or credit experience with us is inaccurate, you mayy notify us to. correct the inaccurate information (after confirmation of the alleged error) reported to any credit reportin agency by writing to us at P.O. Box 98706, Las Vegas, NV 8993 Certain Privacy Practices You: agree that from time to time we may receive credit information concerning you from others, such as stores, other lenders, and credit reporting agencles, and that we may use this information to amend, cancel or suspend your credit privileges 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 aggre?e that our supervisory personnel may listen and record telepIreee 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 Terns (including Finance Charges) WE MAY CHANGE OR TERMINATE ALL OR ANY WILL BE PROVIDED TO YOU A APPLICABLE LAW. UNLESS O' CHANGES APPLY TO BOTH NEW BALANCES. Arbitration Please see the Additional Disclosure Statement for applicability to your Account. This arbitration provision, shall apply to any, Claim against us, and to eacJm of our parents, subsidiaries, affiliates, an companyy providing a rewards feature in conjunction with this 7greement, predecessors, successors, and assigns, and each of their 10 11 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 equity and whether pre-existing, present or future), including initiaf claims, counter-daims, crm&daims and third pa claims, arising from or relating to this Agreement or the I elm" MI 111io which result from this Agreement, including the validity or enforceability of this arbitration clause, any part thereof or the entire Agreement ("Claim") shall be resolved, upon the elac tlon of you or us, by bind?Ing? ?arbitration pursuant to this arbitration provision and the applk?tNto rules or procedures of the arbitration administrator selected at the time the Claim is filed. The party initiatingg the arbitration proceeding shall have the right to select one of tiia followin three arbitration administrators: the National Arbitration Forum NAF"), the American Arbitration Association ("AAA) or JAMS. arbitrator shall be a lawyer with more than ten years experience or a retired or former}udge. We agree not to Invoke our right to arbitrate an individual Claim you may bring in small claims court or an equivalent court, if any, so long as the Claim is peed'u?g onl?yy in that court. The rules and forms of the NAF; AAA and on S may be obtained by writing to these organizations at the addresses listed below. Our address for service of under this provision is HSBC Card Services Inc.. P.O. x 98740, Las Vegas, NV 89193-8740. An participatory arbitration hearing that you attend will take place in the city nearest to your residence where a federal district court is.located of at such other location as Mead by the . On any Claim you file, you will pay the first I of the ifil . At your request we will pay the remainder of the filing fee and any administrative or hearing fees charged by the arbitration administrator on any Claim submitted by you in arbitration up to a maximum of $1,500. If you are required to pa any additional fees to the arbitration admirnstraator, we will consider a request by u toppaay all or part of the additional fees; however, we shall Me obligated to payy any additional fees unless the arbitrator grants you an award. If the arbitrator grants an award Ih 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 fern that would have been charged If the original Claim had been for the amount of the actual award in your favor. The parties shall bear the expense of their respective attorney's fees except as otherwise provided by law. If a statute gives you the to recover any of these fees, or the fees paid to the arbnra bon administrator, these statutory rights shall apply In the arbitration notwithstanding anything to the contrary 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 id 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 governed 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 allppeal except as ppeermitted by the FAA. The parties agree that a award shall be kept confidential. Judgment upon the award may be entered In any court having jurisdiction. THE PARTIES ACKNOWLEDGE THAT THEY ,HAVE A RIGHT TO LITIGATE CLAIMS THROUGHF A COURT BEFORE A JUDGE OR JURY BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY 9LECTS ARBITRATION. THE PARTIES. HEREBY KNOWINGLY AND VOLUNTARILY WANE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER PARTY. You may contact, obtain the arbitration rules of, or•file a Glaim 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.aarforum.com www.jamsadr.com Code of Procedure Financial Services Arbitration Rules and Procedures American Arbitration Association 1150 Connecticut Ave. NW 6th floor Washington, DC 20036-4164 www.a 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 anyy 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 edorceable. 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. 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 delinqquent 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 questioned amount while we are investigating, but you are still obligated to pay the parts of your bill thaf are not In question. If we find that we made a mistake on your bill, you will not have to pay any Finance Charges related to any questioned amount. If we didn't make a mistake, you may have to pay Finance Charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date it ;s due. 12 13 14 ors Mr,k ROBERT E DOWELL PAYMENT SUMMARY MINIMUM PAYMENT' $93.00 PAYMENT DUE DATE 0327109 OVERLIMRAMOUNT 5858.01 PAST DUE AMOUNT $514.00 CURRENT PAYMENT DUE' $749.01 To 4wd cddiriond lme andror ovtrllmG fees, you not pay At Cement Poynter Aw (W*h Aiehdu dw ABnAeuw P4y wand my Pad Dseosd*0wd1nhAwws). 'See About Your Payment on reverse for an wvnlanalion of Ihese amounts. BALANCE SUMMARY PREVIOUS BALANCE $2,792.15 PAYMENTSACREDITS $0.00 PURCHASESIDEBITS • WOO FINANCE CHARGE + 5I.88 NEW BALANCE = $2,058.01 Page 1 of 1 ACCOUNT SUMMARY ACCOUNT NUMBER ?1 NUMBER TOTAL CREDIT LIMIT $2,200 TOTAL CREDIT LIMIT So AVAILABLE CASH CREDIT LIMIT t CASH LIMIT AVAILABLE STATEMENT DATE T Cash Credh Limit is a portion of the TOW Credit Limit TRANSACTION SUMMARY For additional transaction detail go to www.omhardbank.com) TRANS POST TRANSACTION REFERENCE AMOUNT DATE DATE DESCRIPTION NUMBER CHARGES I CREDITS IF YOU ARE UNABLE TO SEND YOM PAYMENT TODAY, PLEASE CALL 800.19641500 TO DISCUSS A REPAYMENT ARRANGEMENT. FINANCE CHARGE CALCULATION This is a grace account Grace Period idwmwbon on back. Averape Davy Drys FINANCE CHARGE Nominal ANNUAL Daily Periodic in At Periodic Cash Advancal Annual PERCENTAGE Balance Rate Billing Rate Transaction Fees percentage RATE Clete Rah PURCHASES $2,82282 0.08080%(v) 25 $83.88 $0.00 28.49%M 20.4909A CASH ADVANCES $0.00 0.080MM 28 50.00 $0.00 29.4MM 29.4W% M indicates variable rate MAIL PAYMENTS TO: 9 QUESTIONS? ® MAIL INQUIRIES TO: HSBC CARD SERVICES 24-HOUR CUSTOMER SERVICE HSBC CARD SERVICES PO BOX 17081 14800402.2010 Po80X ele22 BALTIMORE MD 21297.1051 OUTSIDE USA, COLLECT: 1.757.52MW SAUNAS CA 93914-1822 TOO HEARING IMPAIRED: 1.8003950040 a Manage your account online at: orcitardberk.Iom www 0907526E 03 0000000103 G STW43 D C . 00003183 oast PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Aomurd Number On Your Check Account Number 1 New Balance $2AW 0I Minimum Payment 593.00 Parvied Due Dale Q7TX7109 Current Pavenitnt Due $70m Include account number on check to HSBC CARD SERVICES. Do not sew cash. Send peyeterd 7 to 10 days prior to Payne" Due Date to ensure Umely de6vary. To avoid additional hate awlor ovedimU fees, pay the Current Payment Due. Amow% Enclosed ROBERT S DOWELL Joel gill 11111111111111 92 BSA= CLUB RD CKIRLISLE PA 17023-8824 BSHC CARD SERVICES PO BOX 17041 111111111111111111'IJ?rilrillllrllll'Il'Ill'll'Ileleltlll!'I'I'I BALTIMORE LID 21297-1051 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson I"iL OFF C Sheriff T [j F p 7 il, r { ? ??,•tr at C:?rrubr?,???a? Jody S Smith S? AN Chief Deputy Richard W Stewart r Solicitor P4 S `{ ?% I A F Portfolio Recovery Associates, LLC vs. Case Number Robert E. Dowell 2011-7313 SHERIFF'S RETURN OF SERVICE 09/23/2011 03:05 PM - William Cline, Corporal, who being duly sworn according to law, states that on September 23, 2011 at 1505 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert E. Dowell, by making known unto himself personally, at 92 Beagle Club 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. WI M CLI E, EPUTY SHERIFF COST: $34.00 September 26, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF !c) Gbii^ 1t ?: She F 7e e--)ft . L a, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, VA 23502 Plaintiff V. ROBERT E DOWELL 92 BEAGLE CLUB RD CARLISLE PA 17013 Defendant 001, Date: I rra r-°a No. 11-7313 CIVIL -? -' [ E r rv `t PRAECIPE FOR DEFAULT ? - EJ -n ZZ= -fi JUDGMENT `- Filed on B half of Plaintiff Counsel f ord for this P y Robert N. Polas, Jr., Esquire # 201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0806 Attorneys for Plaintiff This communication is from a debt collector is an attempt to collect a debt. Any information obtained will be used for that purpose. CIV (29.109 yea once wed IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, VA 23502 Plaintiff No. 11-7313 CIVIL V. ROBERT E DOWELL 92 BEAGLE CLUB RD CARLISLE PA 17013 Defendant PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant, ROBERT E DOWELL , for failure to answer the Complaint. Date: (X) Amount Due $2,856.01 Less Credits $.00 TOTAL $2,856.01 (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (X) Pursuant to PA.R.C.P.237 (Notice for Final Judgment or Decree), I certify that a copy of this praecipe has been mailed to each other party who appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P.23 1. 1, I certify that a written notice of intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered aiA to his/her Attorney of pr record, if any, after the default occurred and at least 76T ior to thellt of the filing of this praecipe and a copy of the notice is attached. \ J 1 ?' Robert N. Polas, Jr., Esquire # 201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0806 Attorneys for Plaintiff 't'his conununication is from a debt collector is an attempt to collect a debt. Any inforrn.ation obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC Litigation Department 140 Corporate Boulevard Norfolk, VA 23502 Telephone 1 (866) 428-8102 Fax: (757) 518-0860 Hours of Operation: Monday through Friday 8 AM to 9 PM (EST) October 18, 2011 ROBERT E DOWELL 92 BEAGLE CLUB RD CARLISLE PA 17013 10-17108 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. ROBERT E DOWELL 11-7313 CIVIL Dear ROBERT E DOWELL: Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, Robert N. Polas, Jr., Esquire Carrie A. Brown, Esquire Attorney ID# 201259/94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA Attorneys for Plaintiff This communication is from a debt collector- is an attempt to collect a debt. Any information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. 11-7313 CIVIL V. ROBERT E DOWELL 92 BEAGLE CLUB RD CARLISLE PA 17013 Defendant TO: ROBERT E DOWELL 92 BEAGLE CLUB RD CARLISLE PA 17013 DATE OF NOTICE: October 18, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 Robert N. Polas, Jr., Esquire Carrie A. Brown, Esquire Attorney ID # 201259/94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, Va 23502 Attorneys for Plaintiff This communication is from a debt collector is an attempt to collect a debt. Any iyiformati.on obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATE, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. 11-7313 CIVIL V. ROBERT E DOWELL 92 BEAGLE CLUB RD CARLISLE PA 17013 Defendant AFFIRMATION OF NON-MILITARY SERVICE The undersigned counsel, as attorney for plaintiff, herein affirms under the penalties of perjury that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief, the above named Defendant, is over 21 years of age; is last known to reside at 92 BEAGLE CLUB RD CARLISLE PA 17013 and is not in the military service of the United States or its Allies, or otherwise within the provisions of the Service Members Civil Relief Act and its Amendments. Date: 10-17108 C\ ?t' k Robert N. Polas, Jr., Esquire, #201251 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866428-8102 (F) 757-518-0860 Attorneys for Plaintiff 'lliis communication is a debt collector and is an attempt to collect i debt. Any information obtained will be used f'or that purpose. Department of Defense Manpower Data Center Nov-02-2011 17:57:43 Military Status Report 10-17108 Pursuant to the Service Members Civil Relief Act K Last FirstlMiddle Begin Date Active Duty Status Active Duty End Date Service Name Agency DOWELL ROBERT E Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Abut A Ilia+ ' Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibilityfor military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of.1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner thatthe individual is on active duty or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL htm:Itwww.defenselink.m*L4agMis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of-contact. More Information on "Acdlve Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverape UrxW the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:CSS1 M6SGKV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, VA 23502 Plaintiff No. 11-7313 CIVIL V. ROBERT E DOWELL 92 BEAGLE CLUB RD CARLISLE PA 17013 Defendant NOTICE OF JUDGMENT (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $2,856.01, plus interest, on. (X) A copy of all documents filed with the Prothonotary in support of By: If you have any questions regarding this Notice, please conta a filing party. r I? Date: xt I -0 Le WWXP Robert N. Polas, Jr., Esquire # 2012: Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0806 Attorneys for Plaintiff This communication is from a debt collector is an attempt to collect a debt. Any information obtained will be used for that purpose. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7313 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff (s) From ROBERT E. DOWELL, 92 BEAGLE CLUB ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: AMERICHOICE FCU, 2175 BUMBLE BEE HOLLOW ROAD, MECHANICSBURG, PA 17055 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $2,856.01 L.L. $.50 Interest Atty's Comm % Due Prothy $2.25 Atty Paid $171.50 Other Costs Plaintiff Paid Date: 2/22/12 David D. Buell, Prothonotary (Seal) `By: Deputy REQUESTING PARTY: Name ROBERT N. POLAS JR., ESQUIRE Address: PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BOULEVARD NORFOLK, VA 23502 Attorney for: PLAINTIFF Telephone: 866-428-8102 Supreme Court ID No. 94055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BLVD. NORFOLK, VA 23502 PLAINTIFF VS. NO. 11-7313 CIVIL CC? ROBERT E DOWELL =:10 Z ? CO M- 92 BEAGLE CLUB RD cnD N ::0 , ?= CARLISLE PA 17013 z rv DEFENDANT(S) zp m PRAECIPE FOR WRIT OF EXECUTION - MONEY JUDGMENTS a -? cs A TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER. (1) Direct to the Sheriff of CUMBERLAND County, PA; (2) against ROBERT E DOWELL Defendant(s); ("? s S I1wJ ?• '?teC11 • ? A (3) and against AMERICHOICE FCU Garnishee(s); x17 5 ?jl???b?e ?Q2. (4) And index this writ (A) against ROBERT E DOWELL Defendant(s) (B) and against AMERICHOICE FCU Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the gamishee(s). Specifically describe the property per attached property description. All accounts including but not limited to all savings, checking and other pledges, documents of title, securities, coupons and safe deposit boxes. (5) Amount Due: $2,856.01 ateral, Interest From December 12, 2011: Robert N. Polas, Jr., Esq. #201259 (At an interest rate of 6% per year) Print Name Total: Plus costs & interest Carrie A. Brown, Esq. #94055 (Total includes post judgment credits) 140 Corporate Boulevard Address QWA -fkA atkw- Norfolk, VA 23502 `la.oo'. « 1LI,OD uu ADa so .?L- 10-17108 C k Q(030 a. This comm%iF# ?qgrjh#M *q ollect a de Signature/ID Number SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i f i?"1, Sheriff Jody S Smith 2012 FEB 28 Aid 8= 32 Chief Deputy - Richard W Stewart 'UMBERL W CUUN i Solicitor PENNSYLVANIA Portfolio Recovery Associates, LLC vs. Case Number . Robert E. Dowell 2011-7313 SHERIFF'S RETURN OF SERVICE 02/24/2012 02:51 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 24, 2012 at 1451 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Robert E. Dowell, in the hands, possession, or control of the within named garnishee, AmeriChoice Federal Credit Union, 2175 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055 by handing to Maggie Tucker, Compliance Officer, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 27, 2012 to Robert E. Dowell at 92 Beagle Club Road, Carlisle, PA 17013. SO ANSWERS, February 27, 2012 RbNl`V R ANDERSON, SHERIFF Dennis Fry, puty 4 • 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. 11-7313 CIVIL . V t- ROBERT E DOWELL , r 92 BEAGLE CLUB RD d , CARLISLE PA 17013 Defendant. c� v Cn C:) PRAECIPE TO SETTLE AND SATISFY PLEASE MARK THE JUDGMENT IN THE ABOVE-ENTITLED CAUSE AS SETTLED AND SATISFIED. Respectfully Submitted, Robert N. Polas, Jr., Esquire#201259 Carrie A. Brown, Esquire, #94055 Mark R. Garvey, Esquire#312686 Portfolio Recovery Associates,.LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 10=17108 04141 1 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained-will be used for that purpose. o r 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. 11-7313 CIVIL V. ROBERT E DOWELL 92 BEAGLE CLUB RD CARLISLE PA 17013 Defendant. CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle and Satisfy upon ROBERT E DOWELL by First Class Mail, Postage Pre-Paid, a copy thereof on this day of J �- , 2013, to: ROBERT E DOWELL 92 BEAGLE CLUB RD CARLISLE PA 17013 _7-�✓/3 Date: Robert N. Polas, Jr., Esquire#201259 Carrie A. Brown, Esquire, #94055 Mark R. Garvey, Esquire#312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk,VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 10-17108 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.