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r -.I, 177, IN THE COURT OF COMMON PLEAS OF CUMBERLA COUNTY PENNSYLVANIA - CACH, LLC VS. NO: l o1 - ao245 0-,,vii lsr" JAMIE SPANGLER NOTICE TO DEFEND You have been sued in Court. If you wish to defendant against the claims set fourth in the following pages, you must take action within (20) days after the Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court, your defenses or objections to the claims set fourth 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 claims or any other claim or relief requested by the Plaintiff. You may lose money or property or other 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 THIS 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 PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE O CARLISLE, PA 17013. 5 (717) 240-6200 (03,'75 P? fir'M tflvlQ`1 PO 2737o?g Law Firm of Allan C. Smith, P.C 1276 Veterans Highway Suite- E-1 Bristol, PA 19007 1-888-275-6399/(215) 428-0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER, CO 80237 ) Plaintiff, VS. JAMIE SPANGLER 5 W GREEN ST APT C CAMP HILL, PA 17011 To: JAMIE SPANGLER 5 W GREEN ST APT C CAMP HILL, PA 17011 No.: COMPLAINT 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 within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and 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 the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other 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 LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 .. AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against Defendant JAMIE SPANGLER, avers the following: 1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340 South Monaco Street 2nd Floor, Denver, CO 80237. 2. Defendant, JAMIE SPANGLER, is an individual residing at 5 W GREEN ST APT C, CAMP HILL, PA 17011. 3. Plaintiff's cause of action is based upon a writing. <Exhibit C> 4. Defendant, JAMIE SPANGLER, was indebted to HSBC BANK NEVADA, N.A. for a breach of a written contract by and between them in the amount of $3,659.49 which balance was due and unpaid as of May 31, 2010, for credit card account number 2116010102959281. <Exhibit A> 5. On or about June 16, 2010, HSBC BANK NEVADA, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 6. The Defendant, Jamie Spangler, last tendered a payment on September 28, 2009. 7. A copy of the credit card agreement is attached hereto. <Exhibit C> 8. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A> 9. Plaintiff is entitled to pre-litigation charge-off interest of $2.7060 per day from the default date 26.990% annual percentage rate x $3,659.49 / 365 days) or $2.7060 x 600 days = $1,623.61; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $203.75 and reasonable attorneys fees as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 10. The defendant, being indebted to the plaintiff upon the account by and between them did promise to pay said sums upon demand. Demand has been made for payment and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $5,786.85 which includes interest, court costs and a prayer to the court for reasonable attorney's fees in the amount of $ 300.00 should this matter be contested or go to default judgment. Date: March 30, 2012 Y an . Smi , E q. EXHIBIT A Bon-Ton Account Statement Account Number 2116-0101-0295-9281 Page 1 of 4 From April 9, 2010 to May 9 2010 .................... .................... Previous Balance .................. .................. $3,538.28 Payments $0.00 Other Credits $0.00 Purchases/Debits + $0.00 Past Due Amount $889.00 Fees Charged + $39.00 Interest Charged + $82.21 New Balance $3,659.49 Credit Limit $0.00 Credit Available $0.00 Statement Closing Date May 9, 2010 Days in Billing Cycle 31 New Balance $3,659.49 Minimum Payment Due $1,047.00 Payment Due Date June 1, 2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00 and your APRs may be increased to the Penalty APR of 26.99%. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no You will pay off And you will end additional charges the balance up paying an using this card shown on this estimated total and each month statement in of... you pay... about... Only the minimum 22 Years $9,164 payment $149 3 Years $5,377 (savings - 1 $3,787) If you would like information about credit counseling services, call 1-866-569-2227. Questions? Payment Address: HSBC Retail Services, PO Box 17264, Customer Service 14800-927-5322 Baltimore MD, 21297-1264 TDD/Hearing Impaired 14800-365-0186 Billing Inquiries: Retail Services, PO Box 15521, Wilmington DE, 19850-5521 Manage Your account online at www.hrsaccount.corNbonton As a reminder, you may pay your credit card bill online or through our automated phone system for no fee. YOU CAN TAKE ADVANTAGE OF OUR PAY BY PHONE PROGRAM. AVOID FURTHER COLLECTION ACTIVITY. CALL 1-800-927-5322 --------------------------------------------------- Trans Date Post Date Description of Fees Reference Number ------ Amount 05/03/10 05/03110 LATE CHARGE Reg - Purch 1000000001050399978 $39.00 ASSESSMENT 6880 Total Fees For This Period $39,00 Description of Interest Charge Amount INTEREST CHARGE ON $82.21 PURCHASES Total Interest For This Period $82.21 Detach and return bottom portion with your payment. ___________________________________ eome+cm ODwrwi?- *Dowsgir BGrwePrwSMC claw-8rrrws Olf 4n iiaw *000bw PIl1 W "Y" "50!! "1 1r C 211601 E 08 0265 139044 See reverse side for important Information -___________________________________________________________________________ Account Number: 2116-0101-0295-9281 New Balance $3,659.49 Minimum Payment Due $1,047.00 Payment Due Date 06/01/2010 Include account number on check to HSBC Retail Services. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. A R Anl 1- BON-TON Account Statement Account Number 2116-0101-0295-9281 Page 2 of 4 From Aoril 9, 2010 to Mav 9. 2010 What To Do if You Think You Find a Mistake on Your Statement. If you think there is an error on your statement, write to us on a separate sheet at the billing inquiries address on the front of this billing statement. In your letter, give us the following information: • Account informatioYour name and account number. • Dollar amounThe dollar amount of the suspected error. • Description ofProblehf.you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential ernomritingYou may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in questionmayremainonyourstatement,andwemaycontinuetochargeyouinterestonthat amount.But,ifwedeterminethatwemade amistake,youwilinothave topaythe amount in question or any interest or other fees related to that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Your Rights if You Are Dissatisfied With Your Credit Card Purchases Ifyouaredissatisfiedwiththe goodsorservicesthatyouhavepurchasedwithyourcreditcard,andyouhavetriedingood faithtocorrecttheproblemwiththe merchantyoumayhavethe rightnot to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. Thepurchasemusthave been made inyourhomeState orwithiril00milesofyourcurrentmailingtddress,andthepurchasepricemusthave been morethan $50. (NoteNeithetofthese are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. Ifall ofthe criteriaabove are met and youare stilldissatisfiedwiththe purchase, contactus in writingd the billingnquirieaddress on the frontofthis bill ingtatement. Whilewe investigate jhe same rulesapplyto the disputedamountas discussedabove. Aftenve finishour investigationwe wiliellyou ourdecisionAtthat point,ifwe thinkyouowe an amountand youdo not pay we may report you as delinquent. How to Avoid Paying Interest (Grace Period): To avoidadditionainterestcharges, pay by the PaymentDueDate indicatedon the frontofyourbillingtatement:l) the NewBalancesofyourRegularand ReducedRate CreditPlans, plus 2) the NewBalanceofany Same As Cash CreditPlanwithan expirationlate withirthe next three billing yclePaymentDue Dates, plus3) the NewBalanceof any WaivedlnterestCharge CreditPlan that is expiring in the current billing cycle, plus 4) any Minimum Payments Due on other Same As Cash or Waived Interest Charge Credit Plans. Balance Subject to Interest Rate: (a) InterestChargesarecalculatedseparatelyforeachPromotionaCreditPlan andeach RegulatCreditPlan(eacha[CreditPlan5PromotionaCreditPlanswithdifferenpromotionaluedates or terms are treated as different Credit Plans for this purpose. The Balance Subject to Interest Rate on a Credit Plan is the Average Daily Balance. (b) The DailyBalanceldf a CreditPlan is determinedby takingthe openingbalanceofthe CreditPlan forthat day, and adding]) any new purchases made on the CreditPlan that day, 2) the previousday,A InterestCharges, 3) any creditinsurancepremiumsor debt cancellatiorfees (ifapplicable)ncurredon that day and 4) any late fees, overthe creditlimitfees, retumedcheck fees or otherfees incurred)n that day and subtractingmy paymentsor creditsappliedto the CreditPlanthatday. IfyourAccounis subjectto a grace perioddutingthe billing:ycle,payments made duringthat cyclewilbe subtractedfromall DailyBalancesin the currentcycle.Forany Same AsCash CreditPlan, creditinsurancepremiums3r debt cancellatiorfees (ifapplicable)tre notincludedn the Dailyl3alanceofthatCredilPlan duringthe promotionelberiodifa transactionfbra retumedpaymentora disputeresolvedinourfavorposts afterthe beginning)fthe billing cycle, the applicable daily balance and any related Interest Charge calculations will be adjusted retroactively to include the transaction amount as of the date of the original transaction. (c) AnAverage Daily BalanceisdeterminedbyaddingtheDaily BalancesforaCredit Plan anddividingrythenumberofdaysintheapplicabld)illing:ycle.PeriodidnterestChargesfora Credit Plan maybe determinedly applyinghe DailyPeriodidtate to an amountequal to the AverageDailyBalanceofthe CreditPlantimesthe numberofdays in the billingycle. Youcan determine your Daily Periodic Rate by dividing the APR by 365. Annual Percentage Rata' your Account has a variable rate, your Annual Percentage Rate may vary. AboutYourPayment:Youagree to pay at least the Minimun?aymentDue in timeto be creditedto yourAccountis ofthe PaymentDue Date. Youmay pay morethan the MinimunPayment Due, and you may pay the entire New Balance at any time. Payments shouldbe mailedwitha singlecouponto the paymentaddress shownon the frontofthis billingtatement. Paymentsmust be made by a singlecheck or moneyorderpayablein U.S. dollarsand drawnon a U.S.InstitutionPaymentsmayalso be made usingouroption*aymenthyphoneoronlineservicesusingthe phone numberor Webaddress listedonthe frontofthis billing statement. Payments receivedat the paymentaddress, submittedby phone or submittedonlineby 5:00 p.m., on any day, willbe creditedto yourAccountas of the date of receipt; otherwise paymentwilbe creditedas ofthe nextday. Aprocessingfee may applyto agent assisted phonepayments.Crediting)aymentsto yourAccountnay be delayedup to fivedays ifthe payments not made as describedabove,or, is notmailedto and receivedat the address provide(forremittancejs notaccompaniedbythe paymentcoupon;is receivedinan envelopeotherthanthe envelope providedforremittance js stapled, folded,or paper clippedlor includesmultiplrpaymentcouponsor checks. Requests forcreditbalancerefundsshouldbe mailedto the inquir}address shownon the front of your billing statement. By sending us a check forpaymenton yourAccount,you authorizeus to makea one time electroniefunds transfer(EFTyrom your bank account or to process the paymentas a check transaction.Whenwe use informatiodromyourcheckto make an EFT,fundsmay be withdrawrfromyouraccountas soon as the same day we receiveyourpayment,and youwillnot receive your check back from your financial institution. If you do not want your checks to be converted to an EFT, please call customer service at the phone number on the back of your card. Paymenby Phone: Whenyouuse ouroptionalpaymenthy phone service,youauthorizem to initiatmn electronidimdstransferfromyourdesignatedbankaccountorto processthe paymentis a check transaction. You must authorize the amount and timing of each payment. Please retain this authorization for your records. Hearing Impaireilf you are hearing impaired, call Telecommunications Devices for the Deaf (TDD/ TTY) at the phone number listed on the front of this billing statement. NegativeCredid3ureauReporting'.We may reportinformationboutyourAccounto creditbureaus. Latepayments,missed payments,or otherdefaultson yourAccountnay be retlectedinyour creditreport.Ifany specificinforrnationelatedto yourAccountjransactionsor creditexperiencewithus is inaccurateyoumay notifyus and requestus to correctthe inaccurateinformatio(iafter confirmation of the alleged error) reported to any credit reporting agency by writing to us at P.O. Box 5253, Carol Stream, IL 60197-5253. Debt CollectionWe are required by law, if applicable, to notify you that we are attempting to collect a debt, and any information obtained will be used for that purpose. 2010 Card Services Inc. 211801 E 08 0295 139044 To ensure accuracy, please print neatly using upper-case letters and numbers only! If you've filled in a new address, phone number or email, be sure to check the box on the reverse side of this payment STMT219H (02/10) Street Number (if arty) Street Name or the words "PO Bo)e' Unit or PO Box Number Bon-Ton Account Statement Account Number 2116-0101-0295-9281 Page 3 of 4 From April 9 2010 to May 9 2010 Total fees charged in 2010 $117.00 Total interest charged in $221.00 2010 -------------- ................... .............. Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance . . Annual Percentage Rate (APR) . Balance Subject to Interest Rate Interest Charge Regular Purchase 26.99% (v) $3,336.26 $76.47 00007-01 Regular Purchase 26.99% (v) $250.37 $5.74 00088-02 v- Variable Rate Credit PlanlPromotion Purchase ...... Promotional ......... Previous ......... New ......... Minimum ........ Deferred ......... Promotional Type Date Expiration Balance Balance Payment Interest Payoff Date Amount Regular Purchase 03120/2007 N/A $3,299.40 $3,375.87 $763.38 $0.00 $3,375.87 00007-01 Regular Purchase 09/01/2008 N/A $238.88 $283.62 $283.62 $0.00 $283.62 00088-02 Track spending & pay your bills online. Secure registration at: hrsaccount.com/bonton 211601 E 08 0265 139044 -------------------------------------------------------------------- BON-TON Account Statement Account Number 2116-0101-0295-9281 Page 4 of 4 From April 9 2010 to May 9 2010 This Space Intentionally Left Blank 211801 E 08 0265 139044 EXHIBIT B fr-C AFFIDAVIT OF SALE OF INDIVIDUAL ACCOUNT STATE OF NEVADA § COUNTY OF CLARK r/:? § On ' 1 I I , Stuart Austin stated under oath: 1. "My name is Stuart Austin. I am Assistant Vice President and Assistant Secretary, Administrative Services Division of HSBC Bank Nevada, N.A. (identified in this Affidavit as "HSBC"). I am over the age of eighteen and authorized to make this Affidavit on its behalf. The facts stated herein are within my personal knowledge and are true and correct and are based on my review of the books and records of HSBC. If called as a witness, I can testify competently to the facts contained herein. As part of my regular job duties, I have custody of and routinely review the account records made and maintained by HSBC in the ordinary course of its business. 2. On or about 06/10/2010, HSBC sold the account numbered xxxxxxxxxxxx9281 in the name of SPANGLER, JAMIE with a balance of $3659.49 (identified in this Affidavit as the "Sold Account") by a Purchase and Sale Agreement and a Bill of Sale to CACH, LLC (identified in this Affidavit as the "Debt Buyer"). As part of the sale of the Sold Account, certain of HSBC's records relating to individual Sold Account were transferred to the Debt Buyer. Those records were made and/or recorded as part of the regular course of business of HSBC at or near the time of the acts, events, conditions or methods recorded. Because of the sale of the Sold Account, HSBC acknowledges that CACH, LLC became the owner of the Sold Account on the date of sale." DATED: t 1 / /I I Stuart Austin Signed and sworn to (or affirmed) before me on I< < by Stuart Austin. ?(Ah 'No (Signature of Notarial Officer) 5997832v.26 HSBCI:D EXIUBIT A ASSIGNMENT AND BILL OF SALE HSBC Bank Nevada, N.A., (hereinafter called "Seller") has entered into a Purchase Agreement as of June 10, 2009 ("Agreement') for the sale of Accounts and Account Documents described in Paragraph I thereof to, CACH, LLC (hereinafter called "Purchaser"), upon the terms and conditions set forth in that Agreement. NOW THEREFORE, for good and valuable consideration, Seller hereby sells, assigns, and transfers to Purchaser, its successors and assigns, all of Seller's rights, title, and interest in each and every one of the Accounts described in the Agreement and in Schedule 1 attached hereto. Purchaser and Seller agree that the Purchase Price shall be as stated in Section 3 of the Agreement IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 14th day of June, 2010. HS13C ank Nevada, N.A. .A. Susan Solomon Senior Vice President HSBC Card and Retail Services 1 ].11 Town Center Drive, Las Vegas, NV 89144 34-ra 5 HSBC fD EXHn3IT A (Continued) ASSIGNMENT AND BILL OF SALE HSBC Receivables Acquisition Corporation (USA) IV, (hereinafter called "Seller's has entered into a Purchase Agreement as of June 10, 2009 {"Agreement") for the sale of Charged-Off Receivables described in Paragraph 1 thereof to, CACH, LLC (hereinafter called "Purchaser'), upon the terms and conditions set forth in that Agreement. NOW THEREFORE, for good and valuable consideration, Seller hereby sells, assigns, and transfers to Purchaser, its successors and assigns, all of Seller's rights, title, and interest in each and every one of the Charged-Off Receivables described in the Agreement and in Schedule 1 attached hereto. Purchaser and Seller agree that the Purchase Price shall be as stated in Section 3 of the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 14`h day of June, 2010. HSBC Receivables Acquisition Corporation (USA) IV Susan Solomon Vice President HS$C Card and Retail Services 1111 Town Center Drive, Las Vegas, NV 89144 CERTIFICATE OF PURCHASE I, k_b_n£-55Q ,AQL-U _, hereby depose and state that: 74. 1 am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: JAMIE SPANGLER Original Creditor: HSBC BANK NEVADA, N.A. Account Number: 2116010102959281 76. On or about June 16, 2010 this account was sold by the creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: MAR 13 2012 BY' P 04,=f =n ) 9-C ( I C 0 U_ 9- Sworn and subscribed to before me this day of 2012. Notary Public ?- n `ate ?. ?.,/?< My Commission Expires 03;19/2012 EXHIBIT C Cardmember Agreement and Disclosure Statement AG3105 (11/10) CI This document and accompanying Additional Disclosure Statement make up your Cardmember Agreement and Disclosure Statement and throughout this document are referred to as the "Cardmember Agreement" or "Agreement." The Additional Disclosure Statement contains important Account information including your Annual Percentage Rates ("APRs") and the 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. AGREEMENT TO TERMS AND DEFINITIONS This Cardmember Agreement and Additional Disclosure Statement as presently set forth, and as they may be amended, govem the open end line of credit we have established for you (your "Account"). We refer to these documents jointly as your "Cardmember Agreement" or "Agreement". "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 USA, N.A. "Card" means any credit card, your assigned Account number and any other access devices issued under this Agreement. "Network" means Visa International, MasterCard International Incorporated, Discover Financial Services LLC, American Express or other governing credit card network, as applicable. You and we are bound by this Agreement from the earlier of the time you receive it or from the date of the first transaction, including, without limitation, the placement or posting of any Annual Fee or Periodic Membership Fee on your Account. You may close your Account before using it without paying any Annual Fee, or Periodic Membership Fee if applicable to your Account, when you call us within 90 days of your Account open date at the customer service number on the back of your Card. USING YOUR ACCOUNT Account Use Restrictions You agree to use your Account only for personal, family, household, or charitable purposes. You agree not to use your Account to make payments to us or to any of our affiliates. You agree to use your Account only for valid and lawful purposes. 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. You are not authorized to use your Account for any internet gambling transactions, even if otherwise lawful and enforceable. Types of Account Transactions You can access your Account using your Card or by other means approved by us to make purchases, receive cash advances, or make balance transfers. We may limit the dollar amount and/or frequency of any type of transaction without notice to you. Additional Cards You may request additional Cards on your Account for yourself or others and you may permit authorized users to have access to the Card or Account number. You are personally responsible for each use of each Card issued on your Account according to the terms of this Agreement. If you permit authorized users to have access to your Account, you must pay us for all charges incurred by those persons, including charges for which you may not have intended to be responsible. You must notify us to revoke an authorized user's permission to use your Account. If you do so, we may close your Account and issue a new Card or Cards with a different Account number. You are responsible to recover from that authorized user and destroy any Cards, checks and other devices that can be used as a means of accessing your Account. Your Credit Credit Limit The Card must be signed to be used. Whether you sign the Card or not, you are fully responsible for complying with all the terms of this Agreement. We will advise you of the total credit limit on your Account when we first send you your Card. 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 Interest Charges and other charges) to exceed your total credit limit. We may elect not to 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 may not reflect your payments for up to 14 days. For Secured Card Accounts Only Your credit limit may be less than the amount deposited in your HSBC Bank Deposit Account which secures this Account. An increase in your credit limit may be requested at any time, but such increase may be conditioned, at our sole discretion, on additional deposits to your Deposit Account. Any such additional deposits or accumulated interest in your Deposit Account will likewise be subject to this Agreement. Credit Authorizations Some transactions may require our prior authorization and you may be asked by the merchant to provide identification. We may not be able to authorize a transaction, even if you have sufficient available credit. We may refuse to authorize any transactions at our sole discretion. We will not be liable to you if any of these events happen. We are not responsible for refusal or failure by any merchant to accept or honor your Card, or if a transaction cannot be completed for technical or other reasons. PAYMENT Promise to Pay You promise to pay according to the terms of this Agreement for all: (a) credit we extend on your Account; (b) Interest Charges, and other fees and charges; 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 the Account. Payment Each periodic billing statement you receive from us will identify a Minimum Payment Due. The Minimum Payment Due calculation is disclosed on the Additional Disclosure Statement. Recurring Transactions If you authorize a third party to bill charges on a recurring basis to your Account, we may (but are not required to) provide such third party with your current Account status, Account number and/or expiration date to permit that party to continue billing your Account. We may take such steps even if your Account number changes or if we issue a renewal or replacement Card. To withdraw authorization for a recurring charge in such a case, you must notify the third party. If you default, if a Card is lost or stolen, or if we change your Account or Account number for any reason, we may refuse or suspend recurring charges; in such case you will be responsible for making arrangements to reinstate the recurring charge arrangement and/or for making other payment arrangements. Timing and Form of Payments You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date. 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 shown in those instructions. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. All payments must be in U.S. dollars. Except for disputed payments, if you pay by mail the payment must be sent to the address shown 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 and 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 inquiry address 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 your Account, you authorize us to initiate an electronic funds transfer from your bank or other financial institution account according to the terms 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 number on the back of your Card. When you use our optional payment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You must authorize the amount and timing of each payment. Please retain this authorization for your records. Skip Payment We may allow you, from time to time, to skip a monthly payment. We will notify you when this option is available. If you Skip a payment. periodic Interest Charges will accrue on your balance in accordance with the Agreement. Application of Payments We apply the amount of your payment equal to the Minimum Payment Due at our discretion and generally to lower APR balances before higher APR balances. We apply any payment in excess of the Minimum Payment Due on your Account to higher APR balances before lower APR balances. INTEREST RATES AND FINANCE CHARGES Interest Rates The APRs on your Account are either fixed or variable rates as indicated on the Additional Disclosure Statement. The APR is divided by 365 and rounded to the next highest hundred thousandth of a percentage point to determine your Daily Periodic Rate. The Daily Periodic Rate is used to determine the amount of periodic Interest Charges. Variable rates are determined by adding a specified amount ("Spread") to an Index (described below). Index For Variable Rate Accounts Monthly Index Information For each billing cycle, variable APRs are calculated by adding a specified amount ("Spread") to the U.S. prime rate published in the Money Rates table of The Wall Street Journal that is in effect on the last day of the month ("Prime Rate"). If the Prime Rate changes, the new APRs will take effect on the first day of your billing cycle beginning in the next month. An increase in the Prime Rate will increase your applicable Daily Periodic Rates which may increase the Interest Charge due on your Account and may increase the Minimum Payment Due. Each time any APR changes, we will apply it to any applicable balances. If a different Index is applicable to your Account, the Index will be disclosed on the Additional Disclosure Statement. Purchase APR The Spread (for variable rates), APR and corresponding Daily Periodic Rate are disclosed on the Additional Disclosure Statement. Balance Transfer APR The Spread (for variable rates), APR and corresponding Daily Periodic Rate are disclosed on the Additional Disclosure Statement. Balance transfers may not always be available. Cash APR The Spread (for variable rates), APR and corresponding Daily Periodic Rate are disclosed on the Additional Disclosure Statement. Penalty APR The Spread (for variable rates), APR and corresponding Daily Period Rate are disclosed on the Additional Disclosure Statement. Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. In determining whether to apply your Penalty APR, we may consider the following factors; how long your Account has been open, the existence, seriousness or timing of the defaults on your Account or any other account you have with us; other indications of your Account usage and performance; information about your other relationship(s) with us or any of our related companies; and information we obtain from consumer credit reports obtained from consumer reporting agencies. If your Account becomes subject to the Penalty APR, we will provide advance notice before the Penalty APR goes into effect. If you make the next six consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the non-penalty APRs applicable to your Account. If you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. Promotional or Introductory APR At our discretion, we may offer you a Promotional or Introductory APR for any type of transaction. Any Promotional or Introductory APR offer will be subject to the terms of the offer and this Agreement. Additional APRs See Additional Disclosure Statement for any additional APRs that may be applicable to your Account Interest and Finance Charges All Interest and Finance Charges will be added to the purchase balance, unless otherwise specified. Please see the Additional Disclosure Statement for applicability and amount of the following Interest and Finance Charges. Minimum Interest Charge. The Minimum Interest Charge is the minimum amount of interest that will be assessed in any billing cycle in which a periodic Interest Charge is payable.The Minimum Interest Charge will be allocated to each category of transactions containing balances subject to an Interest Charge. How Periodic Interest Charges are Calculated. Periodic Interest Charges are added to the Account when we apply the applicable APR to the balances on the billing statement. We do this by multiplying the Average Daily Balance for each type of transaction shown on your billing statement (for example, purchases, balance transfers, cash advances) by the applicable Daily Periodic Rate. We then multiply the result by the number of days in the billing cycle. Periodic Interest Charges will be calculated using the Daily Periodic Rate in effect on the billing statement closing date. How Average Daily Balance is Determined. To calculate the Daily Balances, we take the beginning balance for each type of transaction every day, add any new transactions, any previous day's periodic Interest Charges, any Finance Charges, any fees and charges, and subtract any payments and/or credits and make any necessary adjustments. If a transaction posts after the beginning of a billing cycle, but the transaction occurred prior to the beginning of that billing cycle, the applicable Daily Balance and any related Interest Charge calculations may be adjusted to include the transaction amount as of the first day of the billing cycle in which the transaction posts. If your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the current cycle. If a transaction for a returned payment or a dispute resolved in our favor posts after the beginning of the billing cycle, the applicable Daily Balance(s) and any related Interest Charge calculations will be adjusted retroactively to include the transaction amount as of the date of the original payment or transaction. To calculate the Average Daily Balance, we add the Daily Balances for each day of the billing cycle and divide the total by the number of days in the billing cycle. How to Avoid Paying Interest on Purchases (Grace Period on Credit Card Purchases). Periodic Interest Charges begin to accrue on the date of the transaction and continue to accrue until your balance is paid in full. However, if you pay your entire New Balance by the Payment Due Date in the previous month, you can pay your current month's New Balance within at least 23 days (unless otherwise disclosed on the Additional Disclosure Statement) of the Statement Date without being charged interest on your purchases. Paying Interest on Other Transactions (No Grace Period on other transactions). There is no grace period for other transactions including cash advances, balance transfers and credit card checks, unless otherwise disclosed. Periodic Interest Charges begin to accrue on the date of the transaction, and continue to accrue until payment in full is credited to your Account. Changing Your Billing Cycle. Any request to change your billing cycle date is subject to our approval. You agree that changes based on your request may shorten any Grace Period you may have or increase the time period for which periodic Interest Charges may accrue. Balance Transfer Fee Finance Charges. Balance Transfers include balance transfers and credit card checks. A Balance Transfer Fee Finance Charge will be assessed on the amount of each balance transfer and credit card check as of the date the transaction posts to your Account and will be added to that transaction balance. Cash Advance Fee Finance Charges. Cash advances include all advances to get cash over the counter, through an ATM, or other "cash-like" transactions (such as purchasing a money order, traveler's check, casino betting chip, or a lottery ticket) as determined by us. A Cash Advance Fee Finance Charge will be assessed on the amount of each cash advance as of the date the transaction posts to your Account and will be added to the Cash balance. Foreign Transaction Fee Finance Charge. A Foreign Transaction Fee Finance Charge may be assessed on the U.S. dollar amount of transactions made in a foreign currency, as of the transaction date. The Foreign Transaction Fee assessed on purchases will be added to the purchase balance, and the Foreign Transaction Fee assessed on cash advances will be added to the cash balance. 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. Currently, Network regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate, or (2) a government-mandated rate in effect on either (i) the applicable central processing date, or (ii) one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction or posting date. The Network may change the procedures, from time to time, at its own discretion. Overdraft Fee Finance Charges. (applicable only to HSBC credit card Accounts providing overdraft protection to designated HSBC Bank deposit accounts.) If you requested overdraft privileges, we will lend you from your available cash advance credit limit the amount needed to cover any overdraft due to insufficient funds on the designated HSBC Bank deposit account. We will transfer to the deposit account the amount of the overdraft rounded to the next full dollar. We may 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 understand that we have the right to cancel this Account or your overdraft loan privileges at any time. We may add an Overdraft Fee Finance Charge to 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. See the Additional Disclosure Statement for any additional Interest and Finance Charges that may be applicable to your Account. If the imposition of any fee amount specified in your Additional Disclosure Statement would exceed limits established by applicable law, we reserve the right to impose the maximum allowable fee, without waiving our right to impose the full specified fee amount thereafter. ACCOUNT FEES AND OTHER CHARGES Please see the Additional Disclosure Statement for amounts of the following fees and other charges. All such fees and other charges will be added to the purchase balance, unless otherwise specified. If the imposition of any fee amount specified in your Additional Disclosure Statement would exceed limits established by applicable law, we reserve the right to impose the maximum allowable fee, without waiving our right to impose the full specified fee amount thereafter. Annual Fee/Periodic 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 closed 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 not used the Account. The Annual Fee/Periodic Membership Fee compensates HSBC Bank USA, N.A. in part, for Cardmember services provided or made available to you throughout the membership year. Late Payment Fee A Late Payment Fee may be assessed for each billing cycle in which at least the Minimum Payment Due, and any amount past due, is not paid in time to be credited to the Account by the Payment Due Date. Over the Credit Limit Fee If you choose over the credit limit coverage, an Over the Credit Limit Fee may be assessed if your Account balance exceeds the total credit limit at any time during a billing cycle. Returned Payment Fee A Returned Payment Fee may be assessed to the Account each time a payment check, automatic payment deduction, or other payment method is not honored or is returned unsatisfied by your bank or other financial institution. Any payment returned unsatisfied for any reason may be reposted to any type of transaction (i.e. cash advance, purchases, etc.) and Interest Charges may be reinstated back to the payment date at the APR being charged for that transaction. Payment By Phone Fee A Payment by Phone Fee may be assessed to the Account each time a payment is made by telephone, even if the payment is made by someone other than you. The amount of this fee will be disclosed at the time such payment is requested. Stop Payment Fee A Stop Payment Fee may be 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 request must include the check number, payee, amount, and date of the credit card check on which payment is to be stopped. If a stop payment 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. Written stop payment requests should be sent to the address for inquiries shown on your billing statement. Research Fee A Research Fee may be assessed to the Account for each copy of a requested document. The amount of this fee will be disclosed at the time such copies are requested. Additional Fees See the Additional Disclosure Statement for any other fees that may be applicable to your Account. Account renewal, Closure and termination Card Renewal Cards are issued with an expiration date. We have the right not to renew your Card for any reason. Closing Your Account You can close your Account by notifying us in writing or by telephone. Your Account balance will continue to accrue Interest Charges and other charges and fees and your Account will remain subject to all the terms and conditions of this Agreement. We will not honor any credit card check written on your Account or authorize any transactions after your Account is closed and you must destroy your Card(s) and any unused credit card checks. Send your written request to close your Account to the inquiry address shown on your billing statement or you may call us at the telephone number listed on your billing statement. Account Closure We may close your Account, suspend your credit privileges, or reduce your credit limit at any time and for any reason, subject to the requirements of applicable law. In any of these events, your Account balance will continue to accrue Interest Charges and other charges and fees and will remain subject to all the terms and conditions of this Agreement. If we close your Account, you agree to destroy your Card(s) and any unused credit 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 Minimum Payment Due in time to be credited to your Account as of the Payment Due Date; (b) you violate any other provision of this Agreement; (c) you become deceased; (d) you become subject to bankruptcy or insolvency proceedings; (e) you supply us with misleading, false, incomplete or incorrect information; (f) we receive information from third parties, including consumer reporting agencies, which indicate a serious delinquency or charge-off with other creditors; (g) you fail to provide us a physical address; (h) you exceed your credit limit; (i) your payment is returned unsatisfied by your bank or other financial institution for any reason; or (j) any credit card check is returned unpaid by us. Upon default, we have the right to close your Account, to terminate or suspend your credit privileges under this Agreement, to change the terms of your Account and this Agreement, and to sue you for what you owe. If you do not pay us, your Account balance will continue to accrue Interest Charges and other charges 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 attomeys' fees and other collection costs related to the default to the extent permitted by law in the state in which you reside, and we will apply your payments first to attorneys' fees and other costs and then to principal and unpaid Interest Charges. Security Interest If you have not completed a Secured Credit Card Deposit Account Agreement for your Account, we are extending you an unsecured line of credit. If you have completed an application and a Secured Credit Card Deposit Account 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 ("Deposit Account") with HSBC Bank USA, N.A.. You authorize 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 this Agreement, or if this Agreement is cancelled by you or us for any reason, we may at any time thereafter and without advance notice to you, apply all or part of your Deposit Account to the payment and satisfaction of any and all amounts owed under this Account and any replacement secured credit card account. In addition, we may use any other remedies permitted or otherwise available to us. If the amount in your Deposit Account is not sufficient to retire all obligations incurred related to your Account, you agree to pay the amount owed to us immediately. Credit card Fraud Lost or Stolen Credit Card or Account Checks You agree to notify us immediately if your Card or credit card checks are lost or stolen or your Account number is compromised. You may notify us by calling us at the phone number listed on your billing statement. Liability for Unauthorized Use You should retain copies of all charge slips until you receive your billing 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 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 immediately at the telephone number listed on your billing statement. You will not be liable for any unauthorized use of your Account when you notify us immediately by phone or in writing. In any case, your liability for unauthorized use of your Card will not exceed $0. To notify us of unauthorized use of your Card, you may call or write to us at the telephone number or inquiries address shown on your billing statement. Personal information Change of Name, Address, Telephone Numberor 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 consumer reporting agencies. If any specific information related to your Account transactions or credit experience with us is inaccurate, you may notify us to correct the inaccurate information (after confirmation of the alleged error) reported to any consumer reporting agency by writing to us at P.O. Box 98706, Las Vegas, NV 89193. 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 agencies, and that we may use this information to amend, cancel or suspend your credit privileges under this Agreement even if you are not in default with us. You agree that the Department of Motor Vehicles may release your residence address to us, should it become necessary to locate you. You agree that our supervisory personnel may listen and record telephone calls between you and our representatives in order to evaluate the quality of our service to you and to other cardmembers. For additional information regarding our privacy practices, please refer to our Privacy Statement. ADDITIONAL TERMS Change of Terms (Including Interest Charges) WE MAY CHANGE OR TERMINATE ALL OR ANY PART OF THIS AGREEMENT OR ADD NEW TERMS AT ANY TIME, INCLUDING WITHOUT LIMITATION ADDING OR INCREASING FEES, INCREASING YOUR PERIODIC PAYMENT, INCREASING THE RATE OR AMOUNT OF INTEREST and FINANCE CHARGES, OR CHANGING THE METHOD OF COMPUTING THE BALANCE UPON WHICH INTEREST CHARGES ARE ASSESSED. REASONS FOR A CHANGE MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CHANGE IN YOUR CREDIT HISTORY, CREDIT OBLIGATIONS, ACCOUNT PERFORMANCE, USE OF YOUR CREDIT LINES OR OUR FINANCIAL RETURN. THESE RATE CHANGE PROVISIONS DO NOT APPLY TO ROUTINE VARIABLE RATE ACCOUNT ADJUSTMENTS WHICH ARE SET FORTH IN THIS AGREEMENT. ANY CHANGES WILL BE IN ACCORDANCE WITH THIS AGREEMENT AND APPLICABLE LAW. NOTICE OF ANY CHANGE WILL BE PROVIDED TO YOU AS REQUIRED BY APPLICABLE LAW WHICH MAY INCLUDE THE RIGHT TO OPT OUT OF CERTAIN CHANGES. UNLESS OTHERWISE STATED, CHANGES APPLY TO BOTH NEW AND OUTSTANDING BALANCES. Other information 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. If we sell, assign, or transfer your Account, the purchaser, assignee, or transferee shall have the same rights as we do under this Agreement. 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 delay or waive a right, we do not thereby delay or 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 ether provisions of this Agreement will remain valid and enforceable. Applicable Law This Agreement and your Account will be governed by federal law and, to the extent state law is applicable, the laws of the state of Virginia, whether or not you live in Virginia and whether or not your Account is used outside Virginia. This Agreement is entered into in Virginia, your Account is maintained in Virginia, and all credit under this Agreement will be extended from Virginia. YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: HSBC Bank USA, N.A. PO Box 5253, Carol Stream, IL 60197-5253 or at the address shown on your billing statement. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: • Within 60 days after the error appeared on your statement. • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing.You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain. While we investigate whether or not there has been an error: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. • If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Your Rights if You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your 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 purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home State or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: HSBC Bank USA, N.A. PO Box 5253, Carol Stream, IL 60197-5253 or at the address shown on your billing statement. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. HSBC credit cards are issued by HSBC Bank USA, N.A. and service by its affiliate HSBC Card Services Inc. Eesh K. Barisal SVP, Head of Asset Businesses © 2010 HSBC Bank USA, N.A. All Rights Reserved. November 1, 2010 MasterCard is a registered trademark of MasterCard International Incorporated. Visa is registered trademark of Visa International Service Association Discover@ Network and the Discover Network Acceptance Mark are used by HSBC under license from Discover Financial Services. AG3105 (11/10) Cl ADDITIONAL DISCLOSURE STATEMENT Minimum Payment Due Your Minimum Payment Due each month will be calculated as follows: (a) If your New Balance is not more than $25, your Minimum Payment is the New Balance. (b) If your New Balance is more than $25, your Minimum Payment is the greater of: (i) 11% of the New Balance shown on your statement plus the following: any periodic Interest Charges posted to your Account during the billing cycle, and • any Late Payment Fee posted to your Account during the billing cycle, and • any Over the Credit Limit Fee posted to your Account during the billing cycle, and an amount equal to 1/12 of the Annual Fee, if applicable, or (ii) $25 (c) Any Past Due Amount shown on your statement will be added to the Minimum Payment. Your Minimum Payment Due will be rounded up to the nearest dollar, unless doing so will cause the resulting value to exceed the New Balance. INTEREST RATES AND FINANCE CHARGES Annual Percentage Rates ("APR") and Daily Periodic Rates ("DPR") as of 6/30111 Purchase APR: Applies to credit card purchases 9.99% - 19.99% APR (corresponding 0.02737% - 0.05477% DPR This APR will vary with the market based on the Prime Rate. Spread 6.74% - 16.74% Balance Transfer APR: Applies to balance transfers and credit card checks, if available 9.99% - 19.99% APR (corresponding 0.02737% - 0.05477% DPR This APR will vary with the market based on the Prime Rate. Spread 6.74% - 16.74% Cash APR: Applies to cash advances. 21.99%% APR (corresponding 0.06025% DPR) This APR will vary with the market based on the Prime Rate. Spread 18.74% Penalty APR 27.24% APR (corresponding 0.07463% DPR) This APR will vary with the market based on the Prime Rate. Spread 23.99% Minimum Interest Charge: $1.00 Grace Period on Credit Card Purchases: You have at least 23 days from the date of the periodic statement to avoid an Interest Charge on new credit card purchases, provided you paid your previous balance in full. Balance Transfer Fee Finance Charge: Either $5 or 3% of the amount of each transfer, whichever Is greater, unless otherwise disclosed. Cash Advance Fee Finance Charge: Either $10 or 3% of each cash advance, whichever is greater. Foreign Transaction Fee Finance Charge: 3% of the U.S. dollar amount on transactions made in a foreign currency, as of the transaction date. Overdraft Fee Finance Charge: Either $5 or 3% of the overdraft amount, whichever is greater, if applicable. ACCOUNT FEES AND OTHER CHARGES Annual Fee/Periodic Membership Fee - $0 Late Payment Fee If your Outstanding Balance on your payment Due Date is up to and including $250.00 the Late Payment Fee is $19 the first time your payment is late; and, if another payment is late during the next 6 billing cycles the Late Payment Fee is $19. If your Outstanding Balance on your payment Due Date is more than $250.00 the Late Payment Fee is $25 the first time your payment is late; and, if another payment is late during the next 6 billing cycles the Late Payment Fee is $35. In no event will your Late Payment Fee exceed the amount of your Minimum Payment Due. Over the Credit Limit Fee -$25. In no event will your Over the Credit Limit Fee exceed the amount you are over your credit limit when the fee is assessed Returned Payment Fee - $25. In no event will your Returned Payment Fee exceed the amount of your Minimum Payment Due. Stop Payment Fee - $29 787095087-Addendum_HSBC Card-3105 Rev (6/11) Pricing Addendum INTEREST RATES AND FINANCE CHARGES Interest Rates The APR is divided by 365 and rounded to the next highest hundred thousandth of a percentage point to determine your Daily Periodic Rate. The Daily Periodic Rate is used to determine the amount of periodic Interest Charges. Variable rates are determined by adding a Periodic Rate. The Daily Periodic Rate is used to determine the amount of periodic Interest Charges. Variable rates are determined by adding a specified amount ("Spread") to an Index (described below). Index for Variable Rate Accounts For each billing cycle, variable APRs are calculated by adding a specified amount ("Spread") to the U.S. prime rate published in the Money Rates table of The Wall Street Journal that is in effect on the last day of the month ("Prime Rate"). If the Prime Rate changes, the new APRs will take effect on the first day of your billing cycle beginning in the next month. An increase in the Prime Rate will increase your applicable Daily Periodic Rates which may increase the Interest Charge due on your Account and may increase the Minimum Payment Due. Each time any APR changes, we will apply it to any applicable balances. Specific Rates and Fees may be determined based on your creditworthiness. Purchase APR Prime plus 6.74% - 16.74% Balance Transfer APR Prime plus 6.74% - 16.74%, if available Cash APR Prime plus 18.74% Penalty APR Prime plus 23.99% Penalty APR: Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. In determining whether to apply your Penalty APR, we may consider the following factors: how long your Account has been open, the existence, seriousness or timing of the defaults on your Account or any other account you have with us; other indications of your Account usage and performance; information about your other relationship(s) with us or any of our related companies; and information we obtain from consumer credit reports obtained from consumer reporting agencies. If your Account becomes subject to the Penalty APR, we will provide advance notice before the Penalty APR goes into effect. If you make the next six consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the nonpenalty APRs applicable to your Account. If you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. Interest and Finance Charges Minimum Interest Charge: A Minimum Interest Charge of $1.00 will be assessed in any billing cycle in which a periodic Interest Charge is payable. Paying Interest: Your due date is at least 23 days after the close of each billing cycle. We will not charge you interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date. Balance Transfer Fee: Either $5 or 3% of the amount of each transfer, whichever is greater, unless otherwise disclosed. Cash Advance Fee: Either $10 or 3% of each cash advance, whichever is greater. Foreign Transaction Fee: 3% of the U.S. dollar amount on transactions made in a foreign currency, as of the transaction date. Overdraft Fee: Either $5 or 3% of the overdraft amount, whichever is greater. ACCOUNT FEES AND OTHER CHARGES Annual Fee: $0 Late Payment Fee: If your Outstanding Balance on your payment Due Date is up to and including $250.00 the Late Payment Fee is $19 the first time your payment is late; and, if another payment is late during the next 6 billing cycles the Late Payment Fee is $19. If your Outstanding Balance on your payment Due Date is more than $250.00 the Late Payment Fee is $25 the first time your payment is late; and, if another payment is late during the next 6 billing cycles the Late Payment Fee is $35. In no event will your Late Payment Fee exceed the amount of your Minimum Payment Due. Over the Credit Limit Fee: $25. In no event will your Over the Credit Limit Fee exceed the amount you are over your credit limit when the fee is assessed. Returned Payment Fee: $25. In no event will your Returned Payment Fee exceed the amount of your Minimum Payment Due. Required insurance, debt cancellation or debt suspension coverage: None How Average Daily Balance Is Determined: To calculate the Daily Balances, we take the beginning balance for each type of transaction every day, add any new transactions, any previous day's periodic Interest Charges, any Finance Charges, any fees and charges, and subtract any payments and/or credits and make any necessary adjustments. To calculate the Average Daily Balance, we add the Daily Balances for each day of the billing cycle and divide the total by the number of days in the billing cycle. 787095087_ PricingAddendum_HSBC Card-3105 Rev (6/11) VERIFICATION I, a Yl?l A01lirre. hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that JAMIE SPANGLER owes the balance of $3,659.49 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. BY' (,.I.?2ZIL. Dated: MAR 13 Zolz k 1fy1 z- n 1 irt-t Authorized Representative SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Ti'- F PROT?J"IHOT, jl? 2012 MAY -3 PH 1: 54 CUMBERLAN-0 COUN PENNSYLVANIA Cach, LLC Case Number vs. Jamie Spangler 2012-2295 SHERIFF'S RETURN OF SERVICE 04/27/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Jamie Spangler, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Jamie Spangler. Request for service at 5 W. Green Street, Camp Hill, Pennsylvania 17011 the Defendant was not found. The Camp Hill Postmaster has confirmed, Jamie Spangler's new address is 285D W. Cabin Hollow Road, Dillsburg, Pennsylvania 17019. SHERIFF COST: $48.00 SO ANSWERS, April 27, 2012 RON R ANDERSON, SHERIFF