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HomeMy WebLinkAbout11-7537Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC ?" - 140 Corporate Blvd. AR Y Norfolk, VA 23502 TELE: 1-866-428-8102 tU F 2: 5 S FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW 140 PORTFOLIO RECOVERY ASSOCIATES, LLC _ Corporate Blvd. 7,5-37 Norfolk, VA 23502 No. Plaintiff V. RYAN R MCKEEHAN 35 OTTO AVE CARLISLE PA 17013 Defendant 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 Pennsylvania Lawyer Referral Service (800) 692-7375 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 0 *q;.60felG,y#9gas7 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. RYAN R MCKEEHAN 35 OTTO AVE 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 CONSEGUIlZ UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS ELGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 This communication is fi,oin a debt rolIec°?oz aiid is an alto mpt to collect a debt, Anv information obtained X011 be tv?;ed f€;r 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. RYAN R MCKEEHAN 35 OTTO AVE 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. Defendant RYAN R MCKEEHAN, is an adult individual with last known address of 35 OTTO AVE, CARLISLE PA 17013. 3. It is averred that Defendant was indebted to HSBC Card Services (III), Inc. / ORCHARD / NON PRIME on April 13, 2006 with account number ************3815 (hereafter referred to as "Account"). A copy of the account history is attached here to and collectively marked as Exhibit "A." 4. By using the Account, Defendant agreed to repay any incurred balances and/or charges made to the Account pursuant to the terms and conditions governing said Account. Failure to pay Defendant's incurred charges on the Account is considered a default. This ?xontn2.uni.eation is from a debt collector and i' 'M. ?_? ;'41t U.) collect a deli€. nv infortnaticn obtained will be ut ed for that Purpose, 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 February 4, 2008. Plaintiff is the purchaser, assignee and/or successor in interest HSBC Card Services (p, Inc. / ORCHARD / NON PRIME and Plaintiff is now the holder of the Account. A true and correct copy of the affidavit is attached hereto and collectively marked as Exhibit "A." 9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum of $869.75. 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, RYAN R MCKEEHAN, in the amount of $869.75, plus costs of this action and any other relief as the Court deems just Robert . Polas Jr., Esquire # 20125 Carrie A. Brown, Esquire # 94055 10-92956 This communication is from a debt collector aitd is an attempt to collect a debt. Anv information obtained will be tiled for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Chela Wise hereby states that he/she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date : ? ?,?c?c_•r_- Ito 20 By: CA I I N Chela Wise Custodian of Records 10-92956 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: ************3815 RYAN R MCKEEHAN Account Holder: RYAN R MCKEEHAN 35 OTTO AVE 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: VISA HSBC Card Services (11I), Inc. / ORCHARD / NON PRIME Portfolio Recovery Associates, LLC ************3815 April 13, 2006 February 4, 2008 October 31, 2008 $869.75 April 21, 2009 Balance at Charge-Off: $869.75 Less Payments: $.00 Balance Due: $869.75 10-92956 HSBD90 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: I am competent to testify to the matters contained herein. 2. 1 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 / NON PRIME ("Account Seller"), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on April 21, 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 RYAN R MCKEEHAN ("Debtor") to the Account Seller the sum of $869.75 with the respect to account number (************3815), as of October 31, 2008 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 $869.75 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC By: Chela Wise , Custodian of Records Subscribed and sworn to before me on ) (V_ of 2011 [his c >€r at iiication is from a debt colll e(f , r i n I i : a l l MtetDDpt to collect a debt. Any inE r maljort ci taine. i will' - u --J 1',)r that purpose. 0 (111??j BILL OF SALE HSBC CARD SERVICES (P INC. (f/1t/a HOUSEHOLD CARD SERVICES INC.) (" Pwohau Seller"), for value reoeived and puro nc to the terms and conditions of the Receivables AVae4nt ("AWeament-) dated April 1, 2X7 between Seller and HSBC CARD SERVICES (111) INC. and Portfolio Recovery Associates, LLC, ("Purchaser"}, does hereby sell, assign and convey to Pumhaser, its succomm and &"*a, all right, title and interest of Seller in and to these certain Purchased Rweivables (as defined in the Agreemem) listed on the attached t yor F }d? without mourse and without representation of, or warranty o& bility, or otherwise, except to the Went provided for within the Agreement. EXECUTED this 276 day of April, 2009. HSBC CARD SERVICES (TM INC. By 12 y. Name Title. Vice dent•Assistant c+et ¦ AGREEMENT TO TERMS AND DEFINITIONS If you h$va a credit card with a no preset spending limit (e.g. MasterCard' WorldCard), please see the Additional This Cardmember Agreement and any amendments (Agreement) Disclosure Statement. Ire pf pit we have established for you (your Credit Authorizations Old lD govem the Account). ou" and Sn*r to aN pesis who applied fw the Account or are contrthrough any other means. "We," Some transactions will require our prior authorization and you us," and "our" refer tWk Nevada, N.A.'Cen means any may be asked by the merchant to provide identification. If any credN cards or other access devices issued under this Agreement. part of the authorization system is not working, we may not be Network' means Visa International MasterCard International able to authorize a transaction, even if you have sufficient 1 ed, Discover Financial Se;v? LLC or other governing available credit. We will not be liable to you If any of these credit card network, as applicable. events happen. We may refuse to authorize any transactions at our sole discretion including, without limitation, if we ! You and we are bound by this Agreement from the earlier of the time you receive it or from the date of the first transaction, InGuding, without limitation, the placement or posting of any Annual Fee or Periodic Membership Fee on you uAccount. 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 I date at the customer service number on the back of your card. USING YOUR ACCOUNT reasonably suspect that such authorization may result in fraudulent or suspicious activity on the Account. We are not r6sponsible for refusai or failure to authorize any transaction or refusal by any merchant to accept or honor your Card. PAYMENT Account Use 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 and that If your Account is used for any other purpose's 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 aproved by us to make purchases or receive cash advances. We' may. limit the dollar amount and/or frequency of any type of transactn 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 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 credK 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. Promise to Pay You promise to pay according to the terns of this Agreement for all: (a) credit we extend on your Account; fb) Finance Charges, late charges, overlimit charges and administrative charges (e.g. for research, returned checks, overdraft 4 rotdbUm if applicable, etc.) provided in this Agreement; and c) oollectton costs and attorneys' fees to the extent permitted applicable law. If your Account is a point Account, each joint Accountholder is ?ofntly and individually responsible for all amounts due under this Agreement regardless of death, divorce, other IeAggaaI proceedings or any agreement that may affect IiabiBty between you. If any joint Accountholder requests to not tee 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 morethan $15, your Minimum Payment is the greater of: (a) 1% of the New Balance shown on your statement plus the following: • any periodic Finance Charges • any Monthly Maintenance Fee Finance Charge, or an amount equal to 1112 of the Annual Fee, iF applicable, and • any additional amounts disclosed in the Additional Disclosure Statement, or (b) $15 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 Che e, or aan m b not equal to 1112 of the Annual Fee, e, 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 btillng statement For a payment to be credited to your Account as of a pb(ft tar day, we must receive your ppeyment by the date and there and in the manner speyycifl in those Instructions. If your Account Is addliti Immedlattery pa ingaatileast the Currrent Payment Duo upon delivery o your billing statement. If ydur Account is delinquent,,you can avoid an additional late The by aavina at must pay at least the Minimum Paymenf* the P. Date to avoid progressing to the next at iquency. You may pay more en the Current P and may pay the entire New Balance at any time. AJI payments must be In U.S. cohere, F t for disputed .to the pay you p nay by mall the payment atom beyyoosuusM ay negotiriaablInstrument such asiab s moneyeorddeertoHdrec?c,must be in a form that is acceptable to us and rhudtto drawn on a U.S. financial institution. Any check, mo "ey order or other Instrument tendered as an accord In saftscdon, or which Includes a condition, restrictive endorsement or any statement to the effect that accepitance of such Instrument .shall constitute full or ps of 'a dMputed or undtaputed debt (colMcthr*, a "Condition") must be sent to the address for written Inquiries shown on your btiling statement. You must note on the face of the payment instrument that it iso? this purpose We reserve the right to refuse to accept any payment that subject to a Condition. If the payment does not comply with the foregoing and we process it, we will rot be bound by the Condition. By sending us a check for ppaayyrtrr?reent on yOW Accoun% you authorize us to Initiate an eNcironic funds transfer from your bank or other financial Instihrtlon sccount according .to the terms of the check. This means that your check will be converted to an electronic transaction and your oriahall check will not be returned to you by your bank. Your original check wiH 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 diedcs to be converted to an eiec nic funds transfer please call customer service at the phone number on the bark 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 addtn a specified amount ("S ad") to an Index (described below . The APR is divided by 365 and rounded to the next highest?hundred thousandth of a ppeercentage Int to determine your Daily Periodic Rate. The Dall Pen odic 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) Owftj For each billing cycle, the Index is in month prior to She month in which the billing cycle ends. In that prior month, the highest doer teft'Prime Rate" published in the Money Rates table of The Well Street Journal is selected (the "Index"). If the Index lies changed, the new variable rates will take effect with the bllli that ends on or after the first day of the mohth )Ikwft the Index change. (2) QUillijbilift.jndex The Index for the current and each subsequent . quarter Is the highest domestic "Prime Rate" publd*d In the Money Rates table of The Wall Street JdtNW.*n ft1rst business day of the preceding calendar ??_ .. If thek)dex has changed, the new variable rates will July or Octob*M the er following thcycle that begins e Index change.in January, April, (3) 2ft loft Please see your Additional u1sciosurs atement, 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 corres nding Daily Periodic Rate are disclosed in the Additional Disclosure Statement. Cash APR For cash advances the Spread (for variable rates). APR and corresponding Daily Periodic Rate are disclosed in the Additional DWdosure Statement. Default APR If your Account has a Default APR provision the Default APR and conditions that may cause a Default AbR to take etfcfct as well as the Spread (for variable rates). APR and corresponding Daily Periodic Rate are disclosed In the Additional Discosure Statement. Finance Chug" are the total of We•:gnaater" of (a Minimum Finance Charge'or (b) Periodic Finance Cha and. a a ble ( CAh•..Adv?o*I Fbs finance he; Foreign TM . lion Fee Finance Charrggee (a) Cra?.im InGease Fee Finance Cha (f? Monthly' Aaintehante Fee Fk*nce'Charges, (9) -- Fee Finance Charges, and (h), any other Finance Charge(s). Please sae the, Addltlonal , Disclosure Statement for applicability. and amount"of the folloM.V Finance Charges. , i$ (a)., M/nNnrarr Fhr r?c. CM A Flri n e., Charge Nat aeeeseed Neu of iesaer periodic Finance p - any Willing cycle in which a is Finance Cha is. . (1) Periodic Finance Charges begin to accrue on a e o e transaction and continue to accrue S (2)h Adv balance transfer and credit card-cam akanodic 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. Peilodic Flnsnce Charges will be calculated using the Daily Periodic Rate in effect on the statement dosing date. You may request a change-to your billing; cycle date no more t?ta once a year. You agree that t9sarrges based on your ideal may shorten any Grace Period you may haVe or Wassr#'the time period for which periodic Finance Charges niay accrue. My fee Finance Charge may cause the APR on the billing statement on which the fee Finance Charge first appears to exceed the nominal APR: VA h Advance Pee Fbranaa . Charpea. Cash advances ailadvances•to get cash over the; ter, an balarsce transfers (K w0abie)..cards Vf aawAf l6as)r or. , other `cwsh?cf trarwer s (suo as Mom moneOarffir,?Ownt tra+rater's.cht'ic, cxtslno orbeging ry A tennln9d by us. A Ftnanbe Witeldon of each crash advance as of the d ft of the transactor. faM?pn ')*ns*c (bn ; l=ie Finance : A Foregn Fee Ffiapoe Charge is-Basal= on trerleaafons nodo in a fordlon ?Cy Your blOV statement will Not the Ct?arges?aratdhr from the Foreign Transaction Fee 'if you- re uest ( LAnlt/ a cx ft N CL __ Finance Chyge be assessed to your Account. 'It sthe t for 9? billing ccydle wat Account is dosed wfth 'a debit balance. rr??) t7vNdra}t FlnanCeCltil EA? icable only to fiSBC CCredo CaatSCOU is :provOvarft protection. to rt A. at?ctsunts). If you dasignat8d HSBC" Bank $A, quested bverdraft privileges, we 1 "lend d you from your Finance Charges available cash advance credit limit the amount needed to cover any overdraft due to insufficient funds on the j designated deposit account. We will transfer to the deposit account the amount of the overdraft rounded to the next full dollar. We will not make a transfer if you do not have sufficient unused credit available or are delinquent hereunder. In that case, the overdraft will be subject to the usual deposit account rules and fees. Under no circumstances shall any such overdraft be allowed to exceed your available credit limit. You a understand that we have the right to cancel this Account or your overdraft loan privileges at any time. transaction (I.e. cash advance, purchases, etc.) and Finance Charges may be reinstated back to the payment date at the APR being charged for that transaction. We may add an Overdraft Fee Finance Charge to your Account If your Account is utilized to cover any? overdraft on your designated deposit account. An Overdraft Fee Finance Charge 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 Fee/Perlodic Membership Fee i If your Account Is subject to an Annual Fee or -.Periodic ppMeeembership Fee, you agree to pay OMs fee each year (or other State ent) your Account i open ordoaedd a balance. You agree that this fee will be charged to your Account. If you dose your Account within the first 9041116 gout Account ngnr" Fae(s)..are b open, the Annual FeelPertvcfic Me refundable so Iong as you have not 'used- Ole ,ApdbwL -The i Annual Fee/Periodic Membership FeO *Wnpa S H3BC Bank Nevada, N.A. In part, for catdrnember services provided or made available to you throughout the membership year,- Late Payment Fee wHich A Late Payment Foe Is asseased' ffii 4?. t Orm q'de Irv at least the Minimum Payment anti ally anyowt st due, Is not paid in time to be credited Wthe Account by the Payment Due Date. Ovedimit Fee An Ovedlmit Fee is assessed if the AcooUht balance exceeds j the applicable credit limit at any time b&V cyt?e. We may impose this fee even if we authorlxa Of- any charges that cause your balance to exceed the credit I mk, Other Fees and Charges Returned Payment Fes A Returned Payment Fee, is assessed b the Account each time a payment check, automatic dadticftft or otter payment method is not honored or is aw40afled by the bank or other financial Institution. returned unsatisfied for any reason may be reposted?y type. of Returned Check Fee A Returned Check Fee Is assessed to the Account each time a credit card check, belance transfer check (if available) electronic` check or other Account access device is retum;a unsatisfied by us for any reason. Chock my Ph" Pee. AChack By Phone Fee is assessed to the Account each time a payment` is made by telephone, even if the payment Is made by someone other than you. Stop Pay~ FW6 A Stop Payment Fee Is added to the cash advance balance when a Wperyyfnttteerr?rtt of a credit card check is stopped at your uest Payrnortt nfay be stopped on a credit card check by telephone n .1 us In .wrltl 7tcrxlurit bbII11Mrwstuatement. so km as n t1;stMd'tNi the bar, payse, amount, and yhIch payment is to be led by telephone; the call 14 days. A written stop months unless renewed stop payment request is Research Fee A Research Feeds assessed to the Account for each sales slip copy, statement copy and application copy requested. Rep/aCement Fee . assessed to the Account if we we o¢t, stolen, or dama? or if sonal Identification IJum?er (PIN) Automated Tefier Machines. If a jtrfisted. on a rush basis,. we will r this service. ffi9*t#kM Relr?iiisih Foe A R"tater lent Fee Is assessed whenever a request to reopen a dosed of blocked Account Is approved. Add*WW FebS Set *a Xdoll t*W Dioddodre temeni for any other fees that moy be ap?oable to your.Account. FORD* TRA101 CT?ONS ifyel11 in a-cutrency, the transaction sy? t Nefw+irlc; a U.S. dollar amount In ula or conversion in st=t' r EransacfiOn is processed. oofl!larfWtQ thdde? procedures are shown in the A SWWrinrit The Network may change the procedures, from time to time, at its own discretion. .7 ACCOUNT RENEWAL, CLOSURE AND TERMINATION Card Renewal 11 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 AoWunt balance will continue to accrue Finance Charges and other fees and will remain subject to all the terns and conditions of this Agreement., You also agree to destroy your Card(s) and any unused c edlt card checks. We will not honor any credit card check written on your Account or authorize any transactions after your Account is closed. The address ,to send your request to dose your Account Is disclosed in the Additional Disclosure Statement. Account Closure We.may.dose,your Account, suspend your credit privileges, o[- tad your credit limit at any, time and for any reason, eubJ to`tha roqulrerrlar>r6oiapplicable low. In any of these events Your...Agcount balance, willI . continue to accrue Finankta Chem"and fees until; an full, and will remain aubjactto.all the!arms anti cons of tNe.Agreement: If we close your Account, you agree to destroy our Card(s) and any unused credit card ducks. If your Account has been closed, or your credit privileges are suspended, you may not use your Card or credit card checks. f1 .J. 9 Security Interest if you have not completed a Security Agreement for your Account, we are extending you an unsecurbd line of credit. Arid In the'' the A In the "Additional Disclosure Staferttent". You authorize us to rest" wfihdrawAls from your Deposit Account until such time am ft Account Is ddsed and all your reset' is fufiy saftfled or until this Account is otherwise modified by us. If you mooed your credit Ihnit oroMerwise def Atunds'the terms of your. Agreement, or If this as cancelled by you or us for any reason, we may at ?stlime thereafter and without advance notice to you, apply all or part of your Deposit Account acoount.ln ad we may usearty othet et.. or otherwise available to us. If the amount in your Account is not sufficient. to retire all obligations Incurred ?rtAccount, you agree to 'pay the amount owed to us CREDIT CARD FRAUD Lost or Stolen Credit Card or Account Checks You agree to notify ua immediately. if your credit card or credit card checks are.lost .or. s1:61en, You, me 'notify us by ceiling us at the phone, number disclosed: on the Additional Disclosure Stdtemeht, UablI ty for Unsuttwrized Use us us died In the Additional Disclosure Statement You may also call us at the telephone number listed on your billing statement. PERSONAL INFORMATION 66hge of Name, Address, Telephone Number or Iemploytnent You to give us prompt notice of any change in your name, mailladdress, telephone number or place of employment. 10 till Cal pit &t N -ou - lp? 3 3 ?. q Cc c c 00 e m p m ti J ?0 ova c - « a c 49 AD Lo = g f s Q 9 THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY dLECTS ARBITRATION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER PARTY. You may contact, obtain the arbitration rules of, or file a Claim 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 ArFinancial bitration Rules Services and Procedures American Arbitration Association 1150 Connecticut Ave. NW, 6th floor Washington, DC 20036-4104 www.adrr.org Arbitration Rules for Consumer Disputes (Claims under $10,000) Commercial Arbitration Rules (all other claims). Assignment of Account We may sell, assign or transfer your Agreement and Account or any portion thereof without notice to you. You may not sell, assign or transfer your Account. Waiver We may choose to delay enforcing or waive any of our rights under this Agreement in certain situations. We can delay enforcing or waive any of our rights without affecting our other rights. If we waive a right, we do not thereby waive the 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;4orceable. i Applicable Law This Agreement and your Account will be govemed 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 wrii 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 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 boiled amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any Finance Charges related to any questioned amount. If we didn't make a mistake, you may have to pay Finance Charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date it is due. 13 14 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 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 about yyour bill. And we must tell you the name of anyone we reported you to. Upon settlement of the dispute, we must tell everyone we report you to that the matter has been settled. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. SPECIAL RULES FOR CREDIT CARD PURCHASES If you have a problem with the quality of property or services you purchased with a credit card, and you have tried 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. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. HSBC Card Services Inc. and/or HSBC Card Services (II) Inc. provide processing services for HSBC Bank Nevada, N. k You may write to us at the address shown on our billing statement or HSBC Bank Nevada, N.A., 1111 Town Center Drive, Las Vegas, Nevada 89144. e?-? A-? 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. CARDMEMBER AGREEMENT AND DISCLOSURE STATEMENT AG2505A (12(06) Cl 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. Thank you for being an HSBC Cardmember. We appreciate your business. TABLE OF CONTENTS Agreement to Terms and Definitions 1 Using Your Account 1 Your Credit 1 Payment 2 Interest Rates and Finance Charges 4 Account Fees 7 Foreign Transactions 8 Account Renewal, Closure And Termination 9 Credit Card Fraud 10 Personal -firtformation 10 Additional Terris 11 Your Billing Rights 14 AG2505A (12/06) Cl HSBC Credit Card Customer Service TOO Directory HSBC Card Services is committed to providing reasonable accommodations to persons with disabilities. If you require TDD assistance, select the appropriate phone number listed below. Contacts TDD HSBC Card Services 1-800-365-0186 Commercial Card 1-800-365-0186 Opti Pay 1-800-365-0186 Account Central Online 1-877-902-0967 G M Card 1-800-685-9020 GM Extended Family. Card 1-800=685-9020 GM F( xi1516 E6rhings Card 1-800'68S-9020 Household Bank@ 1-800-655-9392 Household Card 1-800-655-9352 H S B C 1-800-655-9392 Orchard B a n k® 1-800-655-9392 Sears Solutions MasterCard® 1-866-852-1163 Teamster Privilege 1-800-395-9020 Union Plus9 1-800-395-9020 American Express®/Discover® 1-877-902-0967 All Other Credit Cards 1-800-655-9392 IN34002 (1/10) CI/STMT (A 15790 Our Accessibility HSBC Card Services`is comhnitted`to providing reasonable accommodations to parsbrts with disabilities. We offer a variety of auxilia Y-aids and ser icesIo ensureeffective communication with our'cus°toniers,`ftyctudinq' reeader.serv?ices, large-print documents, anti accessible online versions of.printed materials. Additional erpkiiiary aids and services will be provided when necessary to ensure effective communication with a customer. If ?fo ft iv d ``disability that interferes with your a ility16 access o.d.fgeMcft;-, please contact HSBC Card Services by telephone at.t-M 535-2964, by calling the TDD number on your,statem.ent, or.from the IJ Directory on the back of this insert. You may locattlahd complete the Accessibility Contact Form at WWIw. ouraccessibility.com. You also may submit an accommodation request by mail to HSBC Card Services, ADA,Coordinator, P.O. Box 5892, Carol Stream, IL 60197-5892. We will respond to your request prdmptly, and in no event more than 10 business days after'tt°r6gU' est is made. No fee or charge will bid unposed for any,auxil any aid or service or other accommodation provided on account of disability. Should you have any complaints about the.,accommodation on. process or the .accommodation provided to you, please contact us by telephone at 1-866-535-2964, by calling the TDD number on your statement or from the TDD Directory on the back of this insert. You may locate and complete the Accessibility Contact Form at www.ouraccessibility.com. You also may submit a complaint by mail to HSBC Card Services, ADA Coordinator, P.O. Box 80026, Salinas, CA 93912. A-15790 IN3400211/101 CI/STMT SHERIFF'S OFFICE OF CUMBERLAND COUNTY 17 Ronny R Anderson Sheriff r , ?a?+,tu? Jody S Smith Chief Deputy . °ly C 0CT 17 PM Richard W Stewart = .1l;v E P, L.,-a( Solicitor OFFICE 01-HE -ER'wF ii 7( a ?L f,, +., 9 E i ifs ! r 1 r'? Portfolio Recovery Associates, LLC vs. Case Number . Ryan R. McKeehan 2011-7537 SHERIFF'S RETURN OF SERVICE 10/05/2011 02:40 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 5, 2011 at 1440 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ryan R. McKeehan, by making known unto himself personally, at 35 Otto Avenue, 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. VALERIE WEARY, DEPUTY SHERIFF COST: $34.00 October 07, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c) Counfy5ulte Sheriff, Ieieo;oft. ht . Carrie A. Brown, Esquire; j? ( Robert N. Polas Jr, Esquire Attorney ID # 94055/201259 ? AN ins: Portfolio Recovery Associates, LLC 140 Corporate Blvd. .'j ( (?; I `f Norfolk, VA 23502 ;PENNSYLVA IA Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff No. 11-7537 CIVIL TERM V. RYAN R MCKEEHAN 35 OTTO AVE CARLISLE PA 17013 Defendant PRAECIPE TO SETTLE DISCONTINUE AND END PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, DISCONTINUED AND ENDED. Respectfully Submitted, Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff 10-92956 This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Attorney ID # 94055/201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff No. 11-7537 CIVIL TERM V. RYAN R MCKEEHAN 35 OTTO AVE CARLISLE PA 17013 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle Discontinue and End upon RYAN R MCKEEHAN, by First Class Mail, Postage Pre-Paid, a copy thereof on this e5;), day of A41 2012, to: RYAN R MCKEEHAN 35 OTTO AVE, CARLISLE PA 17013 Date: 10-92956 Z0, 6'?j? Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.