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HomeMy WebLinkAbout13-4797 Supreme C_oau: "— .f_ Pennsylvania Cour^ �; C mon Pleas f'r V) For Prothonotary Use Only: T1 �I E S I "A M P Cy . Cove et . �S Docket No: . CU MB Count The information collected on this form is used solely for court administration purposes. This form does not supplement or rep lace the filing and service of pleadings or other papers as required by law or rules of court. S Commencement of Action: E ® Complaint ❑ Writ of Summons Cl Petition C ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking T Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC CELESTE G HEDGES Are money damages requested? N Yes El No Dollar Amount Requested: X within arbitration limits N (Check one) outside arbitration limits A Is this a Class Action Suit? ❑ Yes ®No Is this an MDJAppeal? ❑ Yes ®No Name of Plaintiff /Appellant's Attorney: Robert N. Polas, Jr./ Carrie Brown/ Mark R. Garvey ❑ Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS • Intentional ❑ Buyer Plaintiff Administrative Agencies • Malicious Prosecution ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections ❑ Nuisance ® Debt Collection: Other ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include E mass tort) ❑ Employment Dispute: ❑ Slander/Libel/Defamation Discrimination ❑ Zoning Board C ❑ Other: ❑ Employment Dispute: Other ❑ Other: T I Q MASS TORT ❑ Other: N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS B ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: 13 -49775 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 -' Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk VA 23502 r TELE: 1- 866 - 428 -8102 ? C FL�� `. (� FAX: ( 757) 518 -0860 P P�' Y CO U N s Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION — LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 No. Plaintiff, V. CELESTE G HEDGES 45 COLGATE DR CAMP HILL PA 17011 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, 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 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 /, ;A 13 -49775 01 �aqN 3 ss This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1- 866 - 428 -8102 FAX: (757) 518 -0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY_, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Demandante, No. V. CELESTE G HEDGES 45 COLGATE DR CAMP HILL PA 17011 Demandado. 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 esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS ELGIBLE UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 13 -49775 Esta con u.nicacion es de un cobrador de deudas y es un intent do cobrar una. deuda. Cualquier infiromacion sera utilirada para ese propos.ito. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1- 866 - 428 -8102 FAX: (757) 518 -0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff, No. V. CELESTE G HEDGES 45 COLGATE DR CAMP HILL PA 17011 Defendant. COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 120 Corporate Blvd, Norfolk, VA 23502. 2. Defendant, CELESTE G HEDGES, is an adult individual with last known address of 45 COLGATE DR, CAMP HILL PA 17011. 3. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / ORCHARD BANK on February 21, 2006 with account number * * * * * * * * * ** *5052 (hereafter referred to as "Account "). A copy of the account history is attached here to and collectively marked as Exhibit " 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 communication is from. a debt collector and is an attempt to collect a debt. Any Information obtained wi11 be used for that purpose. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on March 19, 2010. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA, N.A. / ORCHARD BANK and Plaintiff is now the holder of the Account. A true and correct copy of the Plaintiffs verification 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 $680.71. 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, CELESTE G HEDGES, in the amount of $680.71, plus costs of this action and any other relief as the Court deems just and reasonable. Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 13 -49775 This coi. imunication is from. a debt collector and is an attempt to collect a debt. Any in.formati.on obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Meryl Dreano 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 unworn falsification to authorit' s. Date: FJUL 10 2013 Meryl Dreano Custodian of Records 13 -49775 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. XHIBI A This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 177 Telephone: 1- 866 - 428 -8102 Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** *5052 CELESTE G HEDGES Account Holder: CELESTE G HEDGES 45 COLGATE DR CAMP HILL PA 17011 Consumer Account Product Code: VISA Issuer: HSBC BANK NEVADA, N.A. / ORCHARD BANK Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *5052 Date Account Opened: February 21, 2006 Date of Last Payment: March 19, 2010 Date of Charge Off: April 30, 2010 Balance at Purchase: $680.71 Purchase Date: October 25, 2010 Balance at Charge -Off: $680.71 Less Payments: $.00 Balance Due: $680.71 13 -49775 HSBJ43 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, Meryl Drea Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: 1. I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ( "Account Assignee ") which is doing business at Riverside Commerce Center, 120 Corporate Blvd, Norfolk, VA 23502. I am familiar with the policies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's records, including a review of the business records transferred to Account Assignee from HSBC BANK NEVADA, N.A. / ORCHARD BANK ( "Account Seller "), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on October 25, 2010. Further, the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from CELESTE G HEDGES ( "Debtor ") to the Account Seller the sum of $680.71 with the respect to account number ending in * * * * * * * * * ** *5052, as of April 30, 2010 with there being no known un- credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $680.71 as due and owing as of the date of this affidavit. 6. Plaintiff believes that the.defendant is not a minor or an incompetent individual, and declares that the Defendant is not on active military service of the United States. Portfoli4Mery A s, C B Dre Cus todian of Records Subscr' d a worn to before me on O 1 20 1013 LE COI.ES MOORE Nota Public A:Y NOTARY PUBLIC EGISTRATION # 7369515 MONWEALTH OF' PIRESA 13 -49775 CO T.bis COT11 nun.ication is frorn a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. HSBCiD BILL OF SALE HSBC CARD SERVICES (III) INC. (f/k/a HOUSEHOLD CARD SERVICES INC.) ( "Seller "), for value received and pursuant to the terms and conditions of the Receivables Purchase Agreement ( "Agreement ") dated October 26, 2009 between Seller and HSBC CARD SERVICES (III) INC. and Portfolio Recovery Associates, LLC, ( "Purchaser "), does hereby sell, assign and convey to Purchaser, its successor and assigns, all right, title and interest of Seller in and to those certain Purchased Receivables (as defined in the Agreement) listed on the attached Exhibit A (Sale File) without recourse and without representation of, or warranty of, collectibility, or otherwise, except to the extent provided for within the Agreement. EXECUTED this l st day of November, 2010. HSBC S R ICES (III) INC. By: Name: Paul Stanborou Title: Vice President HSBC BANK NEVADA N.A. By: Name: Pauf Stanborou h Title:' Vice Presi ent HSBC Card and Retail Services 90 Christiana Road, New Castle, DE 19720 ORCHARD I cam v� Orchard Bank Platinum Visa Account Statement c mb CELESTE G HEDGES Account Nu 05 Page 1 of 7 From Mare arch. "77TTMrMA7FITT 201 0 Previous Balance $629.81 New Balance $680.71 Payments $15.00 Minimm Payment Due $143.00 Other Credits - $0.00 Paymren Due Date May 3, 2010 Purchmes/Debits + $15.00 Balance Transfers + $0.00 Late Payment Warning: If we do not receive your minimum payment by the Cash Advances + $0.00 date listed above, you may have to pay a late fee of up to $35.00 and your Past Due Amount $120.00 APRs may be increased to the Penalty APR of 29.49 %. Fees Charged + $35.00 i Interest C harged + $ 15.90 Minimum Payment Waming:If you make only the minimum payment each New Balance $680.71 period, you will pay more in interest and it will take you longer to pay off your Credit Limit $600.00 balance. For example: Credit Available $0.00 Statement Closing Date April 8, 2010 If you make no additional You will pay off the And you will end up paying Days in Billing Cycle 30 charges using this cud balance shown on I an estimated total of.. and each month you this statement in pay... about... Only the minimum 6 Years $1,311 Payment $29 3Years $1,033 (Savings = $278) If you would like information about credit counseling services call 1- 866 -569 -2227. Questions? Payment Address: HSBC Card Services, PO Box 17051, Baltimore, MD 24 -Hour Automated Account Information 1 -800- 477 -1024 21297 -1051 Espanol 1 -503- 293.4834 Billing Inquiries: HSBC Card Services, PO Box 50084, Salinas, CA Lost or Stolen Card 1- 800 - 366 -7817 93912 -0084 Outside USA Collect 1 -503- 245 -9280 Manage Your account online at www.orchardbank.com TDD /Hearing Impaired 1 -800- 655 -9392 Notwithstanding the'Annual Percentage Rate' disclosure on the reverse, if your Account has a variable rate, the prime rate used in the c alculation of the variable APR is 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. As a reminder, you may pay your credit card bill online or through our automated phone system for no fee. Trans Date e Post Date Description of Transaction or Credit P Reference Number Amount 03/19/10 03/19/10 PAYMENT BY PHONE -THANK YOU 6466309007818LFr36\VV1X4 415.00 Total Payment For This Period 415.00 Trans Date Post Date Description of Transaction or Credit Purchase Type Reference Number Amount 03/19/10 03/24/10 RETURNED PAYMENT - CHECK 4007006 30319ION070061320931601 $15,00 Total Purchases For This Period _ $15.00 it Trans Date Post Date Description of Fees Reference Number Y Amount 03/24/10 03/24/10 RETURNED PAYMENT FEE 10000005080000999795070 $35.00 Total Fees For This Period $35.00 Detach and rcnmt b"mm� p"nion ai0r ymo pa5n rt. 110010 S w 09 0000000508 t STAfr07 D 2 357 ODSI See reverse side for important irdormation __________________________________________________________________________________________________________________________________________ Account Number: 052 New Balance 0,71 Minimum Payment Due $143.00 Payment Due Date 05/03/2010 Include account number on check to HSBC Card Services. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. 110 AMOUNT ENCLOSED #BWNHYTS #363002545053# HSBC CARD SERVICES CELESTE G HEDGES PO BOX 17051 45 COLGATE DR BALTIMORE MD 21297 -1051 CAMP HILL PA 17011-7631 IIII�I�I11111PhiPhllllll�191111111�hlllil6dl�hlilliglii ��dl d �� I I I dl III d � l � ii I d l �I i u 5052 ORCHdRD &ANIC Orchard Bank Platinum Visa Account Statement Account Numbc 052 CELESTE G HEDGES Page 2 of 2 From March n . 2010 Description of Interest Charge Amount INTEREST CHARGE ON CASH ADVANCES S000 INTEREST CHARGE ON PURCHASES $15.90 INTEREST CHARGE ON BALANCE $0.00 TRANSFERS Total Interest For This Period $15.90 Total fees charged in 2010 $70.00 Total interest charged in 2010 $30.53 I a Your Annual Percentage Rate (APR) is the annual interest rate on your account. Imo' ' rte y , "'"" -- ° ,... _ .. � .... �r�M"" T' r ��, . � 1 q � ' � l �.. �. , .p!^ — •nclC- ^— •m�•��,��" "�°� `""'• ",.1 ^ , �Py ^ *,'F""r'lp""�"1 " Iq "^�E!;'l II• ---.+ .r..�.�.....�...��.i..�. I��' �'i...�..' " _ �GI;. �. dl�`..: r..._... �.. ._y:i:�.V:4��......ud�..�:1i IL�..J LL� � ��.dI�L�..;xh'i Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge PURCHASES 10002 29.49% $656.03 $15.90 CASH ADVANCES 20002 20.90% $0.00 $0.00 BALANCE TRANSFER 12.90°/ $200 $0.00 41111 v =1'uriuhle Kore. To learn about services we offer to protect your account at times of need, visit NN 5n .personalaccountprotection.com to enroll today. 1100105W 08 0000000508 G STMT07 D 2 3572GODSI ____________________________________________________________________________ _______________________________ THE PARTIES ACKNOWLEDGE THAT THEY HAVE A YOUR BILLING RIGHTS If you fail to the amountwe think you owe, we may report you RIGHT TO LITIGATE CLAIMS. THROUGH A COURT asdellnquerd. However, i four expbnafton dam not was tvYOU. and BEFORE A JUDGE OR JURY BUT.-WILL NOT HAVE THAT you write s wltiub+ tan days us you.stla refuse to pay wen CARDME,.MBER' RIGHT IF Hp EBY KNOWINGLY TEA OL I A what To Do If There's An Error In Your Bill 90sio we `� m ` a r, r AGREEMENT AND DISCLOSURE COURT BEFORE A JUDGE OR JURY UPON HE OF You e matiu has bean se tited STATEMENT ARBITRATION BY 9MMER PARTY: YOUR BILLING RIGHTS — KEEP THIS NOTICE FOR aeyy contact obtain the 'erbitretlan rules of, or file a Claim FUTURE USE If we don't fallow these rdee, we can'l.coged the first SW of the You m AO730Sl�+ge! with NA AAA or JAMS tie farbwa: queadcned amount, even if your bill was coned_ This notice contains Important Fntarmadon about ow rights and National Arbitration Forum JAMS our responsibilities under the Fair Credit Billing Act g SPEC RULES FOR CREDIT CARD PURCHASES P.O. Box 50191 45 Broadway This document and accompanying Additional Disclosure Statement Minneapolis, MN 55405 New York, NY 10005 if yuu have a robtam with the quality of props or servic6s you www.arb rorum.arg www.jamuadr.com NOTIFY US IN CASE OF ERRORS OR QUESTIONS pu a p �re y � frave tried in good felt tr to rn? 1+P Yen+► Cerdmambar Agreemerd and throughout this Code of Procedure Financial Servfcaa ABOUT YOUR BILL coned the problem with the merchant, you may havelhe dght not. document are'rsiam d to ee Car tberAgreernamorAgreement Arbltratlon Rules to pay the remaining amount due on the property or senvlces. The Addillariel Disclosure Statement conisbus important Account and Procedures If you think your bill is wrong or H You need more Irifemation There are two limitations on this right about a transaction on your bN write to us (on s separate shaeq Irddmatfon Inctuding your Annuaf Peiaentape Rates (*APR's) and American Arbitration Assodation' at the address listed on your b(I)Ing statement' Write us'as soon (a) You must have made the purchase In your home state m if amount of arty tees. Please take the time to isntmavlze yourself lliau 1150 Connecticut Ave. NW 6th floor as poasible. We must hear from you no later than 60 days after no%.within 100 mass of yourearent mailing address. Waahinaton. DC 20035.41U we sent you the Hrat blij on which the error or problem appeared. m Your Agresme and retain h for future reference. www.a orb You can telephone us. but doingpo will not preserve yea rights. (b) The purchase price must have been iron than 550.: . Arbitration Rules for Consumer please include the following These - limitations do not apply Ir wen own or: operate the Thank you for bsin an HSBC Cardmember. We appreciate Olsputoa <Clalms under 510,000) ng Information in your letter Y 0. Commen al Arbitration Rules merchant,. or If we' mailed you. the advaNa and/ for the (all other dolma) Your name, account number and slgnahue;' Droperty or aervleea. HSBC Card Services Imo. and/or HSBC Your business., • The dollar amount of the suspeUed error; and Card 3arvlces tII tna provide processing services for HSBC Assignment of Account • Describe the error and lain, if you can, w Bank Nevada, N� g exp y M you believe TABLE OP CONTENTS We may sell, assign or transfer your Agreement and Account Thera is an error: You may write to us at-the address shown on our bitting or any portion thereof without notice to you. You may not sell, let or HSBC Bank Nevada NA. 1111 Town Centsr Agreement to Tema and Dentitions 1 assign or transfer your Account. If you need more Information, describe.the Item you are not OV. Lea Vegas, Nevada 88144: Waiver sure about If y ou have authorized us to ay your Account b11 Usi Your Account 1 automatically from your savings or checking account, you een Your Credit' 1 We may choose to delay enforcing or waive airy of our rights stop the' pa ant anti any amount. you think Is wrong. To step Payrtrerit' 2 under this Agreement in certain situations. We can delay the payment, your letter meet reach us three buetneae days enforcing or waive any of our riahte without affecting our other before the automatic payment is scheduled to occur. Interest Rates and Finance Charges 4 rights. If-we waive a right we do not thereby waive the same Account Fees 7 right In other altuadons. YOUR RIGHTS AND OUR RESPONSIBILITIES Foreign Transactions a Sevenbllity AFTER WE RECEIVE YOUR WRITTEN NOTICE: Thomas M. Kimble Account Renewal, Closure And Termination 9 If any provision of thIs gpreement Is finally determined to be void Executive Vice President Credit Card Freud 10 or unenforceable• un ed F any law, nil or r your. 30 days; unless Me HSBC Bank Nevada. NA. provisions; of this Agreement will reme:n We must acknowledge r I valid egulation as carer and enforceable. have corrected the error by then. Wlthln 90 days, we must elthor Personal Information 10 coned the error ar axpisin why we belleva the bill was correct. February 1, 2008 Additional Terms 11 Applicable Law Your Bmb;g Rights 14 This A mart and your Account will ben governed W tedaiai After we receive your letter, we cannot. try to eel any amount Vlea le a rattared mark of Vise International and Visa U.S.A. law erW thi laws of the state of Nevada, whether or not you Ilve You q : er repast you as d We.can continue to till MaeterCardls a registered mark of MasterCard. In Nevada and whether or not your Account is used outside Ya+lorthaemountYou 9Lead4n.ln u FlnanceCherpes, eM International, lnwrporeisd. Nevada. This Agreement Is entered Into In Nevada and all credit we can eppty arty unpaid amowt egg your Credit Limit. You under this Agreement will be extended from Nevada do n�ott have to. pay arty yuestionedr emoiud while' we are O2008 HSBC Bank Nevada. NA bill t�hai ere i Wn qu�eatl�an not W pay fife parts of your If we find that we made a mlataka on bill.. you wig not have to pay any Finance Char es related toe questioned amount If we Cidn't make a m1 may al to pay Finan;e Charges, and you will have to make tip any missed payments on tha'quaenioned amount In elther case, we will send you e statement of the amountyou owe and the data it Is due. 13 14 AG2505 (02/06) AGREEMENT TO TERMS AND OEFIN ITIONS If you h ave credit card with a no preset spending limit (e.g. Current Payment Due This Cardmember A gwnent and MasterCard WorldCard), please see the Additional destroyed. Your credit o t h e r fin a ncial you arty amendments �ggheenhent) Dlsdosure Statement. The Current Payment Due Is the greater of ^lay be deb Y edce oche Tina a ' U futta n r 9ovemtheopenend aolaedkwehaveestablishadforyou ( �� to be toerreteetrordeNrx Aorount� Ou and Nair refer to as persons who applied for Credit Authorization y Na s Payment plus any amount past due, of d he wo be .� Account or are mntr- d j Ue t9 through arty other means. ^We, Some (2) the greater at Me partner your card: phone. number r 'us,' and -ourrefar to HS Bank Nevada NA'Card means_ transactlo ^s will require our prior authorization and ou credit cards or other access devices Issued may be asked by the merchant to pravlda Identification: If arty (_) 195 of the Mew Balance shown on your statement Applleellun et p�Onte. - Networle means Visa Intern Meg ro ��temayonal Part Of ft authorization system Is not woddng, we may not ba Plus the foUOwlrtg;1 - . re= orated worK a Discover applicable, LLC or other able f s crod* a bansactlon, even if you have suttldeM ' any periodic Finance Cliarges At our discretion paymenIS erne gene' eppUed hi tntere• credit rind nehvMr, as appikable. g available credit. We will not be liable t e o you if arty of these a roes and then Pr(, pay balances We A u P Nyour PaYmen events happen . We M h' ^� Y ^isnarxe Fee Financ Chants, or lower APR balances, before. h101 rt balances.. Tt Vou and we are tround by this Agreement tram the eadiar of the reasonabsu,iscretion in aariWOule If i ddo if o we ppkeMe a to 1112 ct the Annual Fee, if appticallon of payments lo, subject to chango at. arty Um time You receive tt or from the date of the first tra 11vv gait. That such authorization may result In t notice. - Induding with Urrttatloh, the piaosment-of nsactlon, traudulertfor ewptdous acttvtty.on the Acsourd. W e are not ' any am°wrt over your credk Omit or Annual F or PeriodlC Membersh Fee on P°seng of arty responsible for reNsal'or to to authorize any transadtomourht over•yOUr credit IImtL INTEREST RATES AND FINANCE CHARGES IP you /vxvurtt You or refusal by any merchant to acceptor horror your Card: n (b) $15 plus any a may dose your Account loafers using It without paylrq a Your Mlnfmhim Payment arid. Currant Payment Drie•wN be Annual Fee, Or Pedodk Fee It applkatite to ya PAYMENT rounded uP to Ina nearest dollar; unless do of g Oo will pause the interest Rstar' d o t when you call W wlNln g0 der bf resulting th g value to exceed. e New Balances ThiAPRa en your Account are either a fixed or variable rat Promise to Pay y_' Your Account open dais at . e aastomei senrke numttar.an Ube bade of your pry Variable are determined acct a s Timm and Farm at specified amour USING -YOUR ACCOUNT 9 Peymoih{a... . • ('S read') to an tndsx (described below }. The APR is dMde You prortilse to Day according to the terms of Mls Agreement' You must pay at least ftre Cumerd Payment Due In time to be a � 5 and m next highest for a1k (a�• aeyit we extend on your Account; (�Dp) Finance credited to ywrAccourd by the PaymerK Dirs Oeta end failure ° a persen(aa po determine Daily t?ermd e R Account Use Restrictions Charges, ant dhargea, averiimit charg and. adm�nisbative to do so constitutes a. suit at pfls:Agqroemenl Iratnrctlons The DaUg�yPeri°d1 Rata t� used Eb determine amount r YauegraetouseyourAccountonyforpersonal Charges (e.g. for resusrch; returned checka, overdraft for making payments ere 'on brill pe a fly enc�0 a see ihenceC or Ch We londlY.household. rotedion ti appAeable alb for M (0 be y ment d ro your A Purposes. YOU _grog not to tree Ambund b make ) provided In this Agmement.'and r+g- statement For a Payments to us or to er+y of our afPoiatea. YOUroagre ) collect(dn costs and attameyd fees to the extent eeounf as of a p�tl�dar day. .. Acwtrnt on for vafld and lalvhd phuposes and lyre! d t° use Your epplipbte law. Pamuaed we moat ecdfi yon I payment by the date and Unto and In the index For Variable Rate AceouMS - Isysodfor color manners ed -t those nsbucifons It yo Account Is Pisses see the Additional Dbdosure Statement for tit m be any PuhPOSae You are respo^slblg such If your Account is a faint gccar overllmJR veu can avoid art additional overilmit fee index a amounts e�rW e d e rent s° Us and the Network all resulting amt ai M. each I a . t Accountholder Is immedhb►y paying, at fee"he Curren • P M p Paragraph below that is applicable to your Account xpenses. y are m r y responsible, far all amount$ due under upon dsINary of your billing stabnwM, If e le m ent -D e Is Agreement regardlese of death .divorce, other leeggal delinquent, you sari avoid On stateon late f� (1) For each. bflUnp� yde, the Index c, Types of Account Transactions proeeedtnga. or arty. apreemerd Nat may affect flabUlty least the Minimum payment use by Daylong at a ecru n n' 'month arbr tolh0 month In which tit b etween YoU. If arty )Writ Aeeounthdder PI rty" Past due amount y tRe billing- at p You can access Your Account using your Card or by other means liable for tenure transactions, we may close ro' y Payment l>,ra Oate how_ver, if you cannot psy this amount dorh'hp flc P me 4�i the Ma Rate tahl aPDrovad byy us to make rchases or receive cash advances. Y your Account. If wg N oll mlpt pay at east Ne Minimum PaymertE by the Paymen( °f rice Wall Sfleet Journal b ,sleeted (the 'tndm!'). If tit We mayy Ilmit the dollar amaun! and/or do, you must continue to pay according to the terms of this Dua. Oete to avoid trensadton without notice to you, frequency d arty type of Agr eement, but you will not be able to make new charges on dellnhnrartq. You m pfOgresaing to the next' stage of Index has changed, the new verlebts rates will take site, y A ccount. Oue end may pay Ila entire N BtiVht n th Uir t1 t ayment with the bUUngg CO ccyyl that erMs on or after the first day , the month following the Index Change.. YOUR CREDIT Payment Aa paymerts must be in U.S. dollars. highest dc Except for didouted Credit Umlt Each statement you raw" from us will identify a Minimum Payment4 a Y',0u.pay by. mail tiro payment = be sent (o rho (2) �p�gk The Index fer'1he - grrtent and sae We will advise Payment and Current Payment Gus. address' on.. yon¢, piping. st�ntanL. It t quarter Is ft mestat 'p Sbsr rtmg Ratr you of the total credit Itmtt an your Account An or M/n /mum Payment neaot�pt� bhstrumant`�such es a money order i>r• Pay Published 1^ me . OR°Y Rates table ct 7fra• Was a portion of your total credit limit Is available for Cash be.Tn ° form stmt isao� "'°"� tt ^"r JOUma! on Isle ftret busness idddaaayyy of the praCSdhhg caloric; Your total credit Omit and cash must advance Umtt m _dvances. The Mlnlmum Payment is calculated a9 follower: financial btstltutibn:: c t end be drawn on a U.S. quarter- It line index has Chan the rtew veri_bte rates w Uma to Urns. We will no' u ct a change tr0"h A k:.monoy� order or other take attest with the ntY yo u a ny such changes tit your (1) It your New Balance Is not more than $I S: your instrnmtard tandarod'as an accord in sare ettori,.or which or October following foal bane lo January; Ap" billing statement or by send)nt� yeti a saparea 2e rocks. If no Mhumum Payment Is the New Balance. Ineludp- a cortdlttorR• restMttwe. Ondon amsM or any ^9 this Index change. separate cash advance Itmll is listed on your bMnp statement. (2) If statement to the Oftaet that ease rice of such irhstnurrent (3)- Please sea Uen the amount of your credit limit avaifade nCgs YOUr New 8elanea fa. more then j1f� your Mlnlmum rrslltute hrB or is year total credit limit. for Cash advances Paymerd is the greater of shall eo undblsu4ridabt �� at:a disputed or �t s your Additional ( ty, a.'CandiHaC) muq a sent to .. (a) 1% of the New Balance showri ore' your statement ti»• addes t for written Inquiries shei i do You a nor not to allow p plus the foflowln stebrrrrrt- You. rmgt. naEa' Iproaryy ph the — few aj�ithe An lnerease: I' Charges Index wia incepts your a . 9 your un a d balance (inductfsnnae I Fineries Payme Instrument, Utaf. R fs tendered. foc Periodic Rates which Charges and other charges) to exceed your.total credHUmtt. We • any periodic Finance Charges ngserws y� m - We On your Accoir which .OY Increase �dfmnges, we barge d Pram all may not extend Credit if you have exceeded your total credit llmU �1 + u Of it Me amount requested wound cause to r tot your total ' any Monthly MOtntwance Fee Finance C , or IO a CO^dltbn l � m � - - "' to e � n paten C limit If ou exceed you � paymerd does ^°!' *0 the forO80trhg ^ y balan any any o nal c y your total credit Ilmtt, you agree to pQegY a^ a+nOUM equal to 1112 Ot she Annual Fee, if a^d we DrOCesO N. we wJll not be bou� Condrytan. By Introductory AP that-may apply. us that excess amount Irr dlatey. Your available credit V9 applicable, and sandlI tq a check for.paynhar� on: your AccothnR Neu cash advance amount may not reflect your a authorfs his to initiate ah e CCnia funds trarrsM tram Purchase APR 14 days. Pa yments for up lo 0� �ti additional nts disclosed in the Additional )roar phases, the 3 alt or bank err other finandal JihatibnloW account aceordln0 to rho For credit card greed or re di rates) API i (b) $IS remit ed the cfheel4 Thb means Nat your dtadt wIU• be and corresporhdmo Daly PeriodicPeriodicRate are dldos_d (n Ih, Convert to an elaetronlo lrertsadlah and yauroridnal cheCkwUl Additional tsdosure StetamenL not be. ret to you by your beak Your crigfrtel Chedr will be 1 2 3 4 I ACCOUNT RENEWAL, CLOSURE Security Interest Updated Financial and Other Information AND TERMINATION otAcera din cton, agents, and employees. You agree arty claim. If Y ou have not completed a Sec Agreement for Upon request you agree to promptly gyive us accurate dUpub: or controversy (whetinn based upon contract tort y Handal and a er'trft Ion about yours f, Intentional or otherwise; constitudi statute common' law or Card Renewal Account, we are extending you an unsecured tiro at aediL against agri�dtyy and whether pre- etdatbrg, present a future), indur)!n9 Cards are Issued with an e(ration date. We have the x ht Credit Reporting irutiafdatrna countat acts -claims and third dehna, not to renew your Card for an reason: If You have completed an application and SOCUhty Agreement p 8 arising from.or retailing to this Agreement or the relaQonshiPS y for a seared account the ferrite, and conditions. contalced If you fa0 to flrlNl the tamu credit obtlgation, a negative which result. trorn. tf)1s /yraement Including. ththe.. validity w within fits paragraph apply to your.Accournt As Sec tid for yaw report reflecting an Your'aedrt reeved may ba wtwnittad to a erdorcenbEity, of life arbiltraibt+ dares, any art . thereof br the Closing Your Account reerfornance under this Agresmerrt Includingg but not Mdted to t reporting ega.. It any BPedflo Information related to entire Agreement fClaim•), shell be upon the election You can dose your Account try wetting to us. Your Account the repayment of all ored'a extendeedd under thrs Account and arty yyoouurr Accoant Irens om o credit exPertenos with us is of you wue, try b� arbitragort p bs tNe arbitration on balence.wlll continue to accrue Finance Charges and other replacement secured. credit card accoi you assign, pledge, ninaccurrattei Y°U meY notify us to correct the Inaccurate provtsbnandtheepplkabt6ruleewprp�d of thearbltretlon fees end will remain subject to all the terms and conditions and rant to us a first priority aearity Interest In a0 money raw (> cordtrrnaUarn c the alleged error) reported to administrator seleded at the dme.tffe.Ctalm le Med. The party of this Agreement You also agree to destroy year Card s) and hereafter N the deposit account with tits bank dladosed in any Credit rebortlna eery loin writing to us at P.O. Box 98706. 6, ryr�p the arbitration proceadlg ahati have tiro riatd to sebcl ! the 'Additional Die we Statement'. You. allthodza ue to Lao Vegas NVV 89118 [ - i re pis ldlavin yvas arbitration h ani�amrs fits National and any unused credit card chocks. We will not honor anY restrict withdrawal from your Deposit Aocoum until sucll Ilene Arbitratioi Forum: the Amedcmi Arbitration Assodatbn credit card check written on your Account or'euthodre any as this Account is dosed and all your Indebtedness U My Certain Privacy Praclic'". CAAA7'a JAMB, arbjlem'r dneU be a lawyer more than transactions after Your Account Is dosed. The address to satisfied e4 w until this Account b cthenvise inodi8ed ua If Fmrent send your 'request to dose your Account Is dlsdaaed In the �y yotr ernce aermithedortonrier We agree not to Additional Disclosure Statement: exceed Vow credit limit w otherwise default under the temu of Yeu apgrrae8e that from time- to. time we may receive credit ten oke cur right to arbitrate an Ind Cta4n You may Ill your Agreement; w if this Agreement b cancelled Is ya or us i conceming from others, such as stares, other small dalim wan egAraterd rut if sirry•'ao long Account Cloeure nor any reason we may a1 any time thereafter "and withl Iand�aarrs�,, and re ng agencies, and thatwe mayttse this Claim b only !n that - coi The ndei and fauna °f the advance notice to you, apyppty all ar part of your Delroail Accoant infornatlan m amerio; cancel or euspend'yar aedA egos NAP, AAA' JAMS may be obtaYied. by writing to Ness We cosy dose your Account, suspend your credit privileg m tire and satLUactfart rA eery and eD.emdunb owed under tits Agreement even Uyou are not in default Vou °rgan�tloiu et the Witnesses Witnesses t�teQ'trelowr -. °uradaesa for or reduce- your credit limit at any time and for any reason. under rets Account and arty replacement seared aedIt cud agree that tine Department of Motor Vehicl may release yotu serviced under this provision s -Card SwAces subject to the requirements of applicable law. In any of these account In add tiort we may use any otlnar romadlea pennitied reatdenea addre» ro ue should H become neceaaary lo loco" is [n , — service nc., P.O. Box 98740, Lm Vegas, NV 8919 i•8T,4Q events, your. Account balance will continue. to accrue or omerwASe ava0abls t trs, K the amoiurt• m your De you. YOU aeggrieeee thatour supervisory personnel move Ilnen and - = Finance Charges and fees until ppald In fu0, tend will remain Account ts not wftldent to retire all obligations Ironed related record latepttgne calls between you and our representatives In eartldpatoyarbitretfa±Marlg tl16I y°u,ettondwW take place subject to al a terms end can ilIlona of this Agreement. If to your Account you agree to pay the amount, awed to us order b ev@Nate. are Ouapty of ou service lo ya'and to other to naarssl to your restdernts vAmre a I wort we. done vow Aeco0 You agg ree m destroy yyoour Card(a) Immediately. cardmemtisrs. Far addHton "al Information regarding ar privacy as' krr or,at sudr dinar location ere y O �arBesy On and any unused cre card dtaeke. If you AOeouin has practices. deace refer to out Pril Staterna t, any.Clahn you ft you Wei pay "find dlhe fee Atyou been closed, w your credit credit privileges are suspended, you. CREDR CARD FRAUD. request we miuN' pgv the remetrndar tine filing Coe and eery may not use your Card or credit card chocks. ADDITIONAL TERMS. admintstradve' br eanng teas charged by the arbitration Lost or Stolen Credit Card or Account Checks. administrator eeerryry CIaIn �a�py you ln upto a Default You agree to notify us Immediately H you credit card or Change of Terms (Including Finance Charges): memdrtglmd 1,500. tiyou e�regWredti�pay a ido Nees You will be In default under this Agreement If: (a credit card checks are lost or stolen. Ybu ma notify us b - to th arbitration ts amdinistrator, we will eonstda you f you fall d callln ua at rho- y Ad i a° pay ad °r pa.l.°f the additional feet however, we she! r>ot be make at least the Current Payment a In time o e credited g phone number disclosed It the dlife WE MAY CHANGE OR TERMINATE ALL OR ANY PART of obligated to eery add' ad tees unYae the erbttramr grants to your Account by the Payment Ore Dad ; (b) y a(v� Yo Dladosuro Statement THIS AOREEMEN'f OR ADD NEW TERMS AT ANY TIME you an awards the arbitrator samn[s an award In your favor, we any other p revlaion of tits Agreement; (e you rile• d INCLUDING.. WITHOUT LIMITATION ADDING Ott willre(mburseyoufdrllrryadd fees paid or owed Iry you to became wDJect to banlouptcy w InsoMancy proceabinga; (e Llabillty for Unaulhorlwd Use INCREASINQ. FEES INCREASING' YOUR PERIODIC the arbitration administrator up td the amount al the fear that rou supohi us with.misleadin%, faatse,.lhoonplete or In= You should retain cop�es of ail ohms sops until' receive ycw PAYMENT REII�INQ•.TH@ BATH OR AMOUNT OF would have been charged H the ofal�y�Clakrf had been to the nforma88on" • (� we receive fortnatlon from third. paNea, etatemen at which time ad FINANCE CHARGES INC OR CHANGING' THE METHOD OF anwmaa of the aduc'awmd In Tawr.• The Inc, ud credit repordng a enders, which indicate a serious f, You air ,verify that °'° Ohardas aza you Pardw shall beat trve.and the emounb ns)tered. You m be Hebb T COMPUTING. THE or the BALANCE- UPON WHICH FINANCE the of lists reapecave e. fees, exwV as dallnQ eu � w charge orr with other creditors, () you fag to q s y CHARGES ARE ASSESSED. AMONQ OTHER THING WE oUnarw as provided• by tarn. H a•ateCde provide us a phyalcal address; (h) you. excee� your aredit unauthic&ad use of you credit card, You 4410 be tiable.for you the r�1 lo mimd; r (I your payment Is returned unaatisflad by you bank err unauthorized use that goaun attar you notify us the IvU►Y 1NCREA9@ YOUR APR, FEE AND TOTAL Cl OF recover d. these fessi the lees Ga ) Y ty ' tlrelt CREDIT BASED ON A CHAN B.IN YOUR CREDIT adndnfa0� , these shall �• b in die erbloatloon win othe tfnandal InatltutlCn for arty reason; w p) army.credit taro °r p°e'�bie unau �°• Notification must tie given elMa ata�}ory rights check Ia rebrmed.unpaid us: U ABfaW we have the � writing us Immediately HISTORY AN INCREASE IN YOUR CREDIT OBUW1T10N ro the hersh If the try g ley upon teeming of the lase theft w cobwtltste ��' fight to dose your p Parr t g�yb le unauthorised use or calling us at the rtu a OR AN WdRill IN THE UBE OF YOUR CREDIT LINES arbltra0or Issues an award Ii our.favor, you wal rm°t be to Accou to tertnlnete w suspend you Cied on Yam b stabrrlBrtt: You 4401 a for WITH US OR ANOTHER CREDITOR. WRITTEN NOTICE reimburs us. far aanryny fees we have prmrbnuly p credit privtlegee under tits reerttent to cleaners the temu Wlnp errs WILL @@. PROVIDED TO YOU WHEN• REQUIRED BY arbitratico ad illnistratbr for which we arer9aporhsihle. of your Account and this AggrmeemeaL tNrequle.yy to ou pa u^ +�Of useofyourared8cardArr :oeountwrenyahoti us APPLICABLE IAW: UNLE98. OTHERWISE 87ATED your entire Account balm ci 4cludIng all accrued uedLut un pp W Ir^1RBd �' pfnone win writing In an case, yourttsbilIAfar CHANGES' APPLY : BOTH, NEW AND. O - .. . 7T or what you a a unauih°rtzed use of your aedH card wal not ezree0 �0 a VWANDINI'ii This Ipratbtl agraemerrt b made pweuard to.e lrergxtlan chargbe Immediately and ld we you we. "P4 ou addreaa m nor us of unauthorised use of your aedH card b 9ALANCEB: IrwOhdnp interateID . do not pay us, your Account balance will Oom mue to accrue - disclosed In the Addltlonel Olsdoaura SfaTerttent You may also Federal' tttfogng � end � �`- a PU-) Finance h aid 17 full and will remain call t m us at one number Ilatad on Arbitration. The arbitra shall ° subject to all Die and fees until e term and con of this Agreement If tebph You► biWng statarrtent p applkable�nWe law consistent wd sue you, or if we hire a third ere to coiled yauf Account Pleais see the Additional Olacfoaure S for withmeFAil p - Written raaaoted findi ngs cited and balance, you will pay our court = f6thsonable a e' PERSONAL INFORMATION: applicability to your Account conclusions of law. The arbibatoes award shat not be subIM {iltor to appeal except awrninitted fry the FAA..The parties lees and other collection coshrielated W the dafau b the Net the award aha0•Da k confidentia Jud marnt bran extern permitted by law In the state In which you reside; and Change of Name, Addreee,.Telophone Number This arbitration provlslG haff a to aim g, � g Up00 the we will apply your payments fleet to attomeye' fees and other or Employment � tg � -of ou � ^�_ y � Cl � ainst us � award may be entered In any court having Juriadktlon. costs and than to principal and unpaid Finance. Charges. You agree to give us prompt notice of any change in your nano, Pr�di ^8 a reweids teaaue In eon with th6 reemen ma0ing address, telephone number w plate of employment Predecessors, successors, and assigns, and each of their 9 10 11 12 ADDITIONAL DISCLOSURE STATEMENT PAYMENT Minimum Payment The following is added to the Minimum Payment Section: (2)(a): At our discretion, any Late Payment Fee, Overlimit Fee, and/or a portion of all of any Overlimit amount may be added to your Minimum Payment. INTEREST RATES AND FINANCE CHARGES Index for Variable Rate Accounts (1) Monthly Index applies to your Account. Annual Percentage Rate (APR) Daily Periodic Rate (DPR) and APR Minimum DPR and APR Spread as of 11/30/05 as of 11/30/05 Purchase .03534% DPR (corresponding .03534% DPR 6.15% APR 12.9% APR (corresponding 12.9% APR Cash APR .06479% DPR (corresponding .05726% DPR 16.90% . 23.65% APR (corresponding 20.90% APR Default APR If at any time you fail to make at least your Minimum Payment in time to be credited to your Account by the Payment Due Date, or you exceed your credit limit, your entire Account balance will increase to the variable Default APR. At our discretion, your Account may return to the applicable APR after five consecutive months of on -time p ayments of at least the Current Pay ment Due without exceeding our credit limit. .07600% DPR (corresponding 06847% DPR 20.99% 27.74% APR) 24.99% APR Introductory Applies to credit card purchases through your billing cycle ending in January 31, 2007 APR ( "Introductory Period *), After the Introductory Period, or if during the Introductory Period you fail to make at least your Minimum Payment in time to be credited to your Account by the Payment Due Date, or you exceed your credit limit, your Introductory APR will increase to the Customary APR for credit card purchases, .00000% DPR (corresponding 00000% DPR N/A 0% APR (corresponding 0% APR Finance Charges a Minimum Finance Charge $2.00 b) Periodic Finance Cha a 25-day race period on purchases c Cash Advance Fee Finance Charge 5% of cash advance amount $5 minimum d Forei n Transaction Fee Finance Cha e 1 % of the U.S. dollar amount e Credit Limit increase Fee Finance Charc le gp to 50% of the amount of the credit limit increase Monthly Maintenance Fee Finance Cha a 1$3.50 tCM512) A ACCOUNTFEES Annual Fee $39 Late Payment Fee The Late Payment Fee will vary based on the amount of your outstanding balance on your Payment Due Date, or during the period up to 5 days after your Payment Due Date as determined by us, and-will be: $30 (if your balance is more than $0 up to an including $1,000); or, $35 if your balance is greater than $1,000 Overlimit Fee $30 Returned Payment Fee $30 Returned Check Fee $30 Check by Phone Fee You agree we may add a fee to your Account each time a payment is made by telephone, even if the payment is made by someone other than you. This fee will be disclosed at the time such payment is requested. Stop Payment Fee $29; Please send stop payment requests to P.O. Box 81622, Salinas, CA, 93912 -1622 Research Fee $7 for each sales slip copy $3 for each statement copy $10 for each application co Replacement Fee $5 Reinstatement Fee $29 FOREIGN TRANSACTIONS Currently, Network regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate, or (2) a government- mandated rate in effect on either (i) the applicable central processing date, or (Il) one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction or posting date. ACCOUNT RENEWAL, CLOSURE AND TERMINATION Closing Your Account Please send your request to cancel or close your Account to P.O. Box 81622, Salinas, CA 93912. CREDIT CARD FRAUD Lost or Stolen Credit Card or Account Checks Please call (800)395 -4500 to report a lost or stolen credit card or credit card checks. Liability for Unauthorized Use Please send notification of unauthorized use of your credit card to P.O. Box 81622, Salinas, CA 93912. ADDITIONAL TERMS Arbitration Your Account is subject to Arbitration. (CM512) A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i - flt�0 C +f;'i Sheriffayxyxlrtarara#ar��rr i Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE CCFTkrE$f-ERIFF Portfolio Recovery Associates, LLC Case Number vs. 2013-4797 Celeste G Hedges SHERIFF'S RETURN OF SERt 08/30/2013 07:27 PM-Deputy Shawn Harrison, being duly sworn according to sted Complaint & Notice by"personally" handing a true copy to a person representhe Defendant, to wit: Celeste G Hedges at 45 Colgate Drive, Lower Allen, Camp DEPUTY SHERIFF COST: $44.95 SO ANSWERS, ){� September 04, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheritt,Teleosott,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LA W PORTFOLIO RECOVERY ASSOCIATES, LLC .• 120 CORPORATE BLVD .• NORFOLK, VA 23502 .• Plaintiff No. 13-4797 civil v. ,• CELESTE G HEDGES ° 45 COLGATE DR ' ==7 . CAMP HILL PA 17011 PRAECIPE FOR DEFAULT _ Defendant JUDGMENT • • r C.) -'," i'? • G 7-' ;7.Z3 t.om.��''') . .rA fir) J.., /ti Filed on Behalf of Plaintiff Co :1 of record f• this :arty lib —33 .13 „, r Date: 7— Robert N. Polas, Jr., Esquire, # 201259 Carrie A. Brown, Esquire, # 94055 Mark R. Garvey, Esquire, # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 13-49775 oy )(Q,so / d c_.u-.k. 3 -25," p__,*- l a.cn 369 This comet ication is from a debt collector is an attempt to collect a debt. /110 ' Any inihrmation obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW • PORTFOLIO RECOVERY ASSOCIATES, LLC • 120 CORPORATE BLVD • NORFOLK, VA 23502 Plaintiff No. 13-4797 civil • v. • CELESTE G HEDGES • 45 COLGATE DR • CAMP HILL PA 17011 • Defendant • • PRAECIPE FOR DEFAULT JUDGMENT Please enter Judgment in Favor of Plaintiff and against Defendant,CELESTE G HEDGES ,for failure to answer the Complaint. (X) Amount Due $680.71 Less Credits $.00 TOTAL $680.71 (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (X) Pursuant to PA.R.C.P.237(Notice for Final Judgment or Decree),I certify that a copy of this praecipe has been mailed to each other party who appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P.231.1,I certify that a written notice of intention to file this praecipe was mailed or delivered to the party against whomjudg nt to be entere• .id to his/her Attorney of record,if any,after the default occurred and at I st ten ays prior I the d to of the filing of this praecipe and a copy of the notice is attached. Robert N. Polas, Jr., Esquire, #20159 Carrie A. Brown, Esquire, # 94055 Mark R. Garvey, Esquire, # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 13-49775 This communication is from a debt collector is an attempt.t to collect a debt. Any information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES,LLC .• 120 CORPORATE BLVD NORFOLK,VA 23502 •• Plaintiff No. 13-4797 civil v. •• CELESTE G HEDGES • 45 COLGATE DR CAMP HILL PA 17011 •• Defendant • • • NOTICE OF JUDGMENT (X)Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of$680.71. (X)A copy of all documents filed with the Prothonotary in support of the w'. 'n judg, ,t is/an ached. By: �� �r If you have any questions regarding this Notice,please co . 11ing pa i V Robert . Polas, Jr., Esquire,#201259 Carrie A. Brown, Esquire, #94055 Mark R. Garvey,Esquire,# 312686 Portfolio Recovery Associates,LLC 120 Corporate Blvd Norfolk,VA 23502 (T) 1-866-428-8102 (F)(757) 518-0860 Attorneys for Plaintiff 13-49775 This communication tion is from <a debt collector is an attempt to collect a debt. Any into r-ttation obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION-LA W • PORTFOLIO RECOVERY ASSOCIATES, LLC • 120 CORPORATE BLVD • NORFOLK, VA 23502 Plaintiff No. 13-4797 civil • v. • • • CELESTE G HEDGES • 45 COLGATE DR • CAMP HILL PA 17011 • Defendant • AFFIRMATION OF NON-MILITARY SERVICE The undersigned counsel, as attorney for plaintiff, herein affirms under the penalties of perjury that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief, the above named Defendant, is over 21 years of age; is last known to reside at 45 COLGATE DR CAMP HILL PA 17011 and is not in the military service of the United States or its Allies, or otherwise within the provisions of the Service Members Civil Relief Act and its Amendments. IP Robert N. Polas, Jr., Esquire, #201259-- Carrie A. Brown, Esquire, #94055 Mark R. Garvey, Esquire, #312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) (866) 428-8102 (F) (757) 518-0860 13-49775 Attorneys for Plaintiff This communication is a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC Litigation Department • 120 Corporate Blvd Norfolk, VA 23502 Telephone: 1-866-428-8102 Fax: (757) 518-0860 Hours of Operation: Monday through Thursday 8 AM to 11 PM, Friday 8 AM to 9 PM, Saturday 8 AM to 5 PM, Sunday 12 PM to 11 PM (EST) September 24, 2013 CELESTE G HEDGES 45 COLGATE DR CAMP HILL PA 17011 RE: PORTFOLIO RECOVERY ASSOCIATES, LLC VS. CELESTE G HEDGES 13-4797 civil Dear CELESTE G HEDGES: Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Sincerely, Robert N. Polas, Jr., Esquire Carrie A. Brown, Esquire Mark R. Garvey, Esquire Attorney ID #201259/94055/312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff 13-49775 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION—LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD • NORFOLK,VA 23502 Plaintiff No. 13-4797 civil • v. • CELESTE G HEDGES • 45 COLGATE DR • CAMP HILL PA 17011 • Defendant TO: CELESTE G HEDGES 45 COLGATE DR CAMP HILL PA 17011 DATE OF NOTICE: September 24,2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service-CUMBERLAND County Bar Association Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)249-3166 Robert N. Polas,Jr., Esquire Carrie A. Brown, Esquire Mark R. Garvey, Esquire Attorney ID#201259/94055/312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk,VA 23502 13-49775 Attorneys for Plaintiff This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Results as of:Sep-27-2013 06:52:55 SCRA 3.0 Status Report i' Pursuant to Servicanembers Civil Relief Act Last Name: HEDGES First Name: CELESTE G Middle Name: Active Duty Status As Of: Sep-27-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOM,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Yhtlit 41111144.*404 /114,.., Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 13-49775 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: X4M1M06C8OEBO20