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-'
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.rA fir) J..,
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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,"
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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