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Home My WebLink About13-6163 r Supreme Co>irto' `Pennsylvania Court., f��Cotmmo�Pleas For Prothonotary Use On �•1 1 �1. c �i1� , oV�r Sh9.6 .Docket No: �5'1 ;B RLRND 1 ."r Ytw % County �r The inforrnatiorr collected on this is used solely ftw court administration purposes. This form does not supplement or replace the. filing and service of pleadings or other papers as required bi% law or rules of court. Commencement of Action: S El Complaint D Writ of Summons O Petition E Transfer from Another Jurisdiction [3 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: CACH, LLC MICHELLE BARCZAK T I Are money damages requested? IM Yes E3 No Dollar Amount Requested: ix_, within arbitration limits 0 (check one) 13outside arbitration limits N Is this a Class Action Suit? [3 Yes I@ No Is this an MDJAppeal? El Yes 9 No A Name of Plaintiff /Appellant's Attorney: ALLAN C. SMITH, ESQ. Check here if you have no attorney (are a Self - Represented Pro Se] 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 Debt Collection: Credit Card [3 Board of Assessment Motor Vehicle [3 Debt Collection: Other Board of Elections Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S [3 Product Liability (does not include E mass tort) [3 Employment Dispute: C3 Slander/Libel/ Defamation Discrimination C [3 Other: [3 Employment Dispute: Other [3 Zoning Board T 0 Other: I [] Other: O MASS TORT ® Asbestos N E3 Tobacco Q Toxic Tort - DES Q Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste 0 Other: E3 Ejectment [3 Common Law /Statutory Arbitration B O Eminent Domain/Condemnation Declaratory Judgment 0 Ground Rent Mandamus Landlord/Tenant Dispute Non- Domestic Relations 13 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY E3 Mortgage Foreclosure: Commercial Quo Warranto Dental [3 Partition O Replevin Legal [3 Quiet Title E3 Other: Medical [3 Other: Other Professional: Updated 1/1/2011 P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH.LLC f VS. NO: C MICHELLE BARCZAK s' ` O NOTICE TO DEFEND c = 6 - You have been sued in Court. If you wish to defendant against the claims set fourth the following pages, you must take action within (20) days after the Complaint and notice -` are served, by entering a written appearance personally or by an attorney and filing in writing with the Court, your defenses or objections to the claims set fourth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claims or any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240 -6200 Ro 163 ?s / Dd C�# / /& a � �W aq 7ir, Law Firm of Allan C. Smith, P.0 Attorney ID: 204756 1276 Veterans Highway Suite- E -1 Bristol, PA 19007 (888)275- 6399/(215) 428 -0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER, CO 80237 ) Plaintiff, ) VS. ) No.: MICHELLE BARCZAK ) 6055 EDWARD DRIVE ) MECHANICSBURG, PA 17050 ) COMPLAINT To: MICHELLE BARCZAK 6055 EDWARD DRIVE MECHANICSBURG, PA 17050 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240 -6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240 -6200 Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against Defendant MICHELLE BARCZAK, avers the following: 1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340 South Monaco Street 2nd Floor, Denver, CO 80237. 2. Defendant, MICHELLE BARCZAK, is an individual residing at 6055 EDWARD DRIVE , MECHANICSBURG, PA 17050. 3. Plaintiff's cause of action is based upon a writing. <Exhibit C> 4. Defendant, MICHELLE BARCZAK, was indebted to HSBC BANK NEVADA, N.A. for a breach of a written contract by and between them in the amount of $2,237.86 which balance was due and unpaid as of May 31, 2010, for credit card account number 7001191923671136. <Exhibit A> 5. On or about June 16, 2010, HSBC BANK NEVADA, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 6. The Defendant, Michelle Barczak, last tendered a payment on November 13, 2009. 7. A copy of the credit card agreement is attached hereto. <Exhibit C> 8. Plaintiff is entitled to charge -off account finance charges of $0.00. <Exhibit A> 9. Plaintiff is entitled to pre - litigation charge -off interest of $1.7927 per day from the default date 29.240% annual percentage rate x $2,237.86 / 365 days) or $1.7927 x 600 days = $1,075.64; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $203.75 and reasonable attorneys fees as stated in the Cardholder Agreement attached hereto as <Exhibit C >. 10. The defendant, being indebted to the plaintiff upon the account by and between them did promise to pay said sums upon demand. Demand has been made for payment and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $4,717.25 which includes interest, court costs and a prayer to the court for reasonable attorney's fees in the amount of $ 1200.00 should this matter be contested or go to default judgment. Date: October 16, 2013 A an nit , sq. EXHIBIT A ` Best Buy Credit Card Application , -D OR am ON Ow- Home Phone first Nom• Middle Ionia► lost Name Initial Sale Aneount Get what you want. Today. 302) 92'1- Z-" WDCAI-e L 5ar Urbanization Curnont Apt, i eiy Slog Zip D Own D Rent 1 Dare of Birth 1MWDD/YY) Soda) Securiy Number Business Phone OW 1 0 - 1 1 ( c f%4 zZ►- '10 - 1V3 cw7 fgZ - I • 2Sla4 E.Mail Address (apliotat Annual Income' Clock fi you have a hocking Account 2 -S, 21 p Savings Accouru M W04 ft yew &raw address, you obo tonal to wceiw s+„anb robing to alas and a,.i. fran Best Bw Ca. 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LAttifiel by MOM 1.01 tAl ibrr. m tfoderT Trw tNL, I � c ftnp- l.aO 132!1q02 Do d Lstw D4z(:FL E* D*O I al I W D 6022" BUY-ECV07 (10r) ID. n Gaol col IAppimb) fm N[ [)AMU D o6[aoyE) tat Drb Ah.1.0. q-W Best Buy Account Statement Account Number 7001-1919-2367-1136 Page I of 2 From April 27, 2010 to May 27, 2010 ................... ........... ... . . ..... ............ ........ ... .. ............ ...... Previous 144.68 New SaWrice S2,237.86 Payments $0.00 Minimum Payment Due $827.00 Other Credits 50.00 Payment Due Date June 19, 2010 Purchases[Detxts + $0.00 Past Due Amount $711.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged + $39.00 date listed above, you may have to pay a We fee of up to $39.00 and your ed + $64.18 APRs may be increased to the Penalty APR of 29.24%. New Balance $2,237.86 Minimum Payment Warning: If you make only the minimum payment each Credit Limit $0.00 Credit Available $0.00 period. you will pay more in interest and it will take you longer to pay off your Statement Closing Date May 27, 201 D balance. For example: Days in Billing Cycle 31 If you make no additional You will payoff the And you will end up charges using this card balance shown on this paying an estimated and each mordh you statement in about total of... Pay... Only the minimum 17 Years $5,261 payment $94 3 Years $3,387 (savings - $1,874 If you would like information abort credit counseling services, call 1-866-56i)-2227. Questions? Payment Address: HSBC Retai Services, PO Box 17298, Baltimore MD. Customer Service 14)00-42D-598I 21297-1298 TDD/Hearing Impaired I -BOD-365-01 W Billing Inquiries: Retail Services. PO Box 15521, Wilmington DE, 19850-5521 Manage Your account online at www.hrswcountcondbestbuy iii i .................... ............... ile .......................... .......................................................... I ........................................................ ....... .............. ......... As a reminder, you may pay your credit card bill online or through out automated phone system for no fee. YOU CAN TAKE ADVANTAGE OF OUR PAY BY PHONE PROGRAM- AVOID FURTHER COLLECTION ACTIVITY. CALL 1-800420-5981 ........................ ....................... ........................ . .......................... r .................... ........... .......................................................... ........................................................................................ Trans Date post Date Description of Fees Reference Number Amount 05119110 05/19110 LATE CHARGE ASSESSMENT Reg - Purch 10000000010519999955530 539.00 Total Fees For This Period $39.00 ii ..... ............ ........... ................................. ........................... Description of Interest Charge Amount INTEREST CHARGE ON PURCHASES 354.18 Total Interest For This Period $54.18 ................................. ............... Total fees charged in 2010 $117.00 Total Interest charged In 20I0 $201.64 ....................... .................. ....... ............. I ...... . ............... . . ... ....... ................ ...................................................................................... .............................................................................. .......... Your Annual Percentage Rate (APR) is the annual Interest rate an your account. Detaoh and reWm boW portion viW* your Payment ISMI E 28 0173 145858 see reverse am* for importaid inkmad- ------------------------ --------------------------------------------------------------------------------------------------------------- Account Number: 7001-1919-2367-1136 New Balance $2,237.86 Minimum Payment Due $827.00 Payment Due Date 06/1912010 include account number on check to HSBC Retail Services. Do not send cash. Please send your payment 7 to 10 days prim to the payment due date to ensure timely delivery. Best Buy Account Statement Account Number 7001-1919-2367-1136 Page 2 of 2 From Apd 27 ` 2010 to May 27, 2010 ...................................... ; ........... ...................... ........... .................... ....................... .. .... . ... .................. ..... .... * ... ....... ...... Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge Regular Purchase 04O x01 29.24% (v) $1.651.48 $41.76 Regular Purchase 04010-02 29.24% (w) $93.96 $2.33 Regular Purchase 00007-03 29.24% (v) $91,93 $2.28 Regular Purchase 00086-04 29.24% (v) $314.64 $7.81 v -Variable Rate ............. ........... bi : * . !:;: z ............. ........................ ......... ....... ...... .................. .......... ................... ........................ ...... — ............ .......................................... .................................. ............ Credit PlanlPrornotion Type Purchase Promotional Previous New Minimum Deterred Promotional Payoff Date Expiration Date Balance Balance Payment Interest Amount Regular Purchase 04006-01 05117/2008 NIA $1,661.36 $1,703.12 $430.85 $0.00 $1.703.12 Regular Purchase 04010-02 06A03*M NIA 592-84 $9517 $25.68 $0.00 $95.17 Regular Purchase 00007-03 07/1 9/2008 WA $90.83 $93.11 $24.01 $0.00 $93-11 Regular Purchase 00088-04 101191008 N/A $299,65 $346.46 $346.46 $0.00 $346.46 INW1 E 26 0173 $45658 ------------------------------------------------------------------------------------------------------------------------------------------ Customer Sqrvice (Servicio all Cliente): 1-800-365-0292 Payment Address: Hsbc Retail Services PO Box 17298 Bal6morc MI) 21297-1298 Mail Billing Inquiries to: 1`0 Box 15521 Wilmington DE 19850-5521 Days in Billing Cycle: 31 Statement Date: 11/24/2009 cco: 6fit 61661 rii4ik j; j .. ................ PAYMENT ............... 11 6 TOTAL MINIMUM NEW PAST DUE AVAILABLE DUE DATE PAYMENT DUE BALANCE AMOUNT CREDIT 12/18/2009 $182.00 $1,684.32 $89.00 $0.00 Please see reverse for important disclosures, including grace period information. FOR $15 YOU CAN TAKE ADVANTAGE OF OUR PAY BY PHONE PROGRAM. AVOID FURTHER COLLECTION ACTIVITY. CALL 1800420-5981 TOO/Hearing Impaired: 1141100485 -0186 **Important Notic• This is a notification that a change of address has been processed on your account. please be advised that a confirmation letter has been sent to your previous address. If you have not authorized a recent change of address, please contact us immediately at the phone number indicated on your statement. 4ransactions ......... ....... ... ....... . ......... . ... ............... I ................... Transaction Onto Transaction Details Promo. Type/Credit Plan Amount 10/2512009 Previous Balance .................... ... ............. ....................... ............................... $1,62923 1111=009 Direct Check Payment-Thank You ........................................................................ ($60.00) 1111312009 Direct Check Fee ................. ...... ......................................................................... . $15.00 11/1&2009 Late Charge Assessment ....................................................................................... $39.00 11/2412009 Billed Finance Charges .......................................................................................... $36.29 11/241M Debt Cancellation - 800-366-6256 ........................................... — ........................... $14.80 11124r2009 Now Balance ................................... ............................ ...................... ........... $104.32 Page 1 of 2 112485796 Please return coupon below with your payment. BEST BUY CO., INC. Customer Service (Servicio al Ctlente): 1-800-365 -0292 ACCOUNT NUMBER NEW BALANCE PAYMENT DUE DATE RECOMMENDED MAIL DATE TOTAL MINMM PAYMENT DUE 7001-1919-2367-1136 $1.6643 1211=009 12to9r2ooe $182.00 AMOUNT ENCLOSED 169 Please complete using black or blue ink only. Make cheeks payable to HSBC RETAIL SERVICES. MICHELLE BARCZAK Include 5509 WINTERHAVEN DR y our account number on YOUF chock oi money order. NEWARK DE 19702 -8315 HSBC RETAIL SERVICES /197028315095/ PO BOX 17298 BALTIMORE MD 21297-1298 /2129712989/ 00168432000182000007001191923671136001696 Customer Service (Servicio at Cliente): 1-800-365-0292 Payment Address; Hsbc Retail Services PO Box 17298 Baltimore MD 21297-1298 Mail Billing Iniquines to: PO Box 15521 Wilmington DE 19850-5521 Days in Sifting Cycle: 31 Statement Date: 11/24/2009 .. ............ .......... ...... ......... 1F ............ .................... I . ...... . ...... ..................s:::::;;::;;:;;;:;; Pron an Purcha romotion Pr e v ious VaTnable C41rbli: 11FINAIRUC Deterred NOW MIn.MU TyW 0 y � oP �O . "C" Bel " d once Payment Due .:;� Expratkm Balance EM? Daily Credit Plan Date Balance Penod. ! AM: : E'-(AMj: :0 CHARGES ....... .. . Rate ::::!!: Regular NIA NIA S 11 S1,44526 007120% 259811% 2599% $31.90 $000 $1,44402 $87.95 Purchase 04006.1 Regular WA NIA $7526 $79-10 007120%2599% 2599% $11.74 FINANCE 50.00 SW 71 $7.37 Pumhese 0401 2 Rapier NIA NIA 56184 $08 33 o0712o1l6 25%% 2599% 51.51 $000 $7805 $010 P(Jidtillillf 00007 Regular WA NIA 5 $51 80 25.9976 259976 $1.14 $0.00 $80 03 SW so pwchaae 00088.4 Page 2 of 2 112485796 Account Number: 7001-1919-2367-1136 EXHIBIT B AFFIDAVIT OF SALE OF IiNDI=Ai ACCOUNT (LOST INSTRUMENT) STATE OF NEVADA § COUNTY OF CL § On Ashley Oku stated: 1. "My name is Ashley Oku. I am Assistant Vice President and Assistant Secretary, Administrative Services Division of HSBC Bank Nevada, N.A., (identified in this Affidavit as "HSBC "). I am over the age of eighteen and authorized to make this Affidavit on its behalf. The facts stated herein are within my personal knowledge and are true and correct and are based on my review of the books and records of HSBC. If called as a witness, I can testify competently to the facts contained herein. As part of my regular job duties, I have access to and routinely review the account records of HSBC 2. HSBC has searched for, and I have reviewed, HSBC's records regarding the account of BARCZAK, MICHELLE (identified in this Affidavit as "Debtor") with HSBC. The information contained in this affidavit is based upon the records of the Debtor's account made and maintained by HSBC in the ordinary course of business. The original Application in this matter has been destroyed or lost and cannot be located or produced, not as the result of any bad faith on the part of HSBC. This affidavit is a true and correct record of the information contained in the original documents and electronic records, including the rights and responsibilities of the parties and may be treated as the original documents for all purposes permitted under the applicable law. 3. On or about 06/10/2010, HSBC sold the account numbered xxxxxxxxxx at1136 in the name of Debtor with a balance of $2,237,86 (identified in this Affidavit as the "Sold Account ") by a Purchase and Sale Agreement and a Bill of Sale to CACH, LLC (identified in this Affidavit as the "Debt buyer'). As part of the sale of the Sold Account, certain of HSBC's records relating to the Sold Account were transferred to the Debt Buyer. Because of the sale of the Sold Account, HSBC acknowledges that Debt Buyer became the owner of the Sold Account on the date of sale." DATED: INS ley Oku Signed and sworn to (or affirmed) before me on 5 by Ashley Oku. (Signature of Notarial Officer) VALERIE DEMARAIS �� '� T `r f . NOTARY Pt1BLIC ' STATE NEVADA �' My cotnrnission Expires: 8-17 -2013 6005238x.15 Certfirate No:09- 10781 -1 CERTIFICATE OF PURCHASE I, ANGELICA MARTINEZ , hereby depose and state that: 1. 1 am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: MICHELLE BARCZAK Original Creditor: HSBC BANK NEVADA, N.A. Account Number: 7001191923671136 3. On or about June 16, 2010 this account was sold by the creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Dat • SEP 17 By: Sworn and subscribed to before me this day of SEP 17 20B 2013. LNOTARY TARZYNA D. STRAHNOTARY PUBLIC TATE OP COLORADO ID 20074009100 Notary Public ISSION EXPIRES MARCH 18, 2015 rL- HSBC4D EXHIBIT A ASSIGNMENT AND BILL OF SALE HSBC Bank Nevada, N.A., (hereinafter called "Seller") has entered into a Purchase Agreement as of June 10, 2009 ("Agreement") for the sale of Accounts and Account Documents described in Paragraph 1 thereof to, CACH, LLC (hereinafter called "Purchaser "), upon the terms and conditions set forth in that Agreement. NOW THEREFORE, for good and valuable consideration, Seller hereby sells, assigns, and transfers to Purchaser, its successors and assigns, all of Seller's rights, title, and interest in each and every one of the Accounts described in the Agreement and in Schedule 1 attached hereto. Purchaser and Seller agree that the Purchase Price shall be as stated in Section 3 of the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 14th day of June, 2010. HSBC ank Nevada, N.A. Susan Solomon Senior Vice President HSBC Card and Retail Services ] 2 21 Town Center Drive, Las Vegas, NV 89144 HSBC <D EXIMU A LContinued) ASSIGNMENT AND BILL OF SALE HSBC Receivables Acquisition Corporation (USA) IV, (hereinafter called "Seller') has entered into a Purchase Agreement as of June 10, 2009 ( "Agreement") for the sale of Charged -Off Receivables described in Paragraph 1 thereof to, CACH, LLC (hereinafter called "Purchaser"), upon the terms and conditions set forth in that Agreement. NOW THEREFORE, for good and valuable consideration, Seller hereby sells, assigns, and transfers to Purchaser, its successors and assigns, all of Seller's rights, title, and interest in each and every one of the Charged -Off Receivables described in the Agreement and in Schedule 1 attached hereto. Purchaser and Seller agree that the Purchase Price shall be as stated in Section 3 of the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 14 day of June, 2010. HSBC Receivables Acquisition Corporation (USA) IV Susan Solomon Vice President HSBC Card and Retail Services 1111 Town Center Drivo. Las Vegas, NV 89144 EXHIBIT C Cardmember Agreement and Disclosure Statement AG3105 (11/10) Cl This document and accompanying Additional Disclosure Statement make up your Cardmember Agreement and Disclosure Statement and throughout this document are referred to as the "Cardmember Agreement" or "Agreement." The Additional Disclosure Statement contains important Account information including your Annual Percentage Rates ( "APRs ") and the amount of any fees. Please take the time to familiarize yourself with your Agreement and retain it for future reference. Thank you for being an HSBC Cardmember. We appreciate your business. AGREEMENT TO TERMS AND DEFINITIONS This Cardmember Agreement and Additional Disclosure Statement as presently set forth, and as they may be amended, govern the open end line of credit we have established for you (your "Account "). We refer to these documents jointly as your "Cardmember Agreement" or "Agreement ". "You" and "your" refer to all persons who applied for the Account or are contractually liable through any other means. "We," "us," and "our" refer to HSBC Bank USA, N.A. "Card" means any credit card, your assigned Account number and any other access devices issued under this Agreement. "Network" means Visa International, MasterCard International Incorporated, Discover Financial Services LLC, American Express or other governing credit card network, as applicable. You and we are bound by this Agreement from the earlier of the time you receive it or from the date of the first transaction, including, without limitation, the placement or posting of any Annual Fee or Periodic Membership Fee on your Account. You may close your Account before using it without paying any Annual Fee, or Periodic Membership Fee if applicable to your Account, when you call us within 90 days of your Account open date at the customer service number on the back of your Card. USING YOUR ACCOUNT Account Use Restrictions You agree to use your Account only for personal, family, household, or charitable purposes. You agree not to use your Account to make payments to us or to any of our affiliates. You agree to use your Account only for valid and lawful purposes. If your Account is used for any other purposes, you are responsible for such use and may be required to reimburse us and the Network for all resulting amounts and expenses. You are not authorized to use your Account for any internet gambling transactions, even if otherwise lawful and enforceable. Types of Account Transactions You can access your Account using your Card or by other means approved by us to make purchases, receive cash advances, or make balance transfers. We may limit the dollar amount and /or frequency of any type of transaction without notice to you. Additional Cards You may request additional Cards on your Account for yourself or others and you may permit authorized users to have access to the Card or Account number. You are personally responsible for each use of each Card issued on your Account according to the terms of this Agreement. If you permit authorized users to have access to your Account, you must pay us for all charges incurred by those persons, including charges for which you may not have intended to be responsible. You must notify us to revoke an authorized user's permission to use your Account. If you do so, we may close your Account and issue a new Card or Cards with a different Account number. You are responsible to recover from that authorized user and destroy any Cards, checks and other devices that can be used as a means of accessing your Account. Your Credit Credit Limit The Card must be signed to be used. Whether you sign the Card or not, you are fully responsible for complying with all the terms of this Agreement. We will advise you of the total credit limit on your Account when we first send you your Card. All or a portion of your total credit limit is available for cash advances. Your total credit limit and cash advance limit may change from time to time. We will notify you of any such changes through your billing statement or by sending you a separate notice. If no separate cash advance limit is listed on your billing statement, then the amount of your credit limit available for cash advances is your total credit limit. You agree not to allow your unpaid balance (including Interest Charges and other charges) to exceed your total credit limit. We may elect not to extend credit if you have exceeded your total credit limit or if the amount requested would cause you to exceed your total credit limit. If you exceed your total credit limit, you agree to pay us that excess amount immediately. Your available credit may not reflect your payments for up to 14 days. For Secured Card Accounts Only Your credit limit may be less than the amount deposited in your HSBC Bank Deposit Account which secures this Account. An increase in your credit limit may be requested at any time, but such increase may be conditioned, at our sole discretion, on additional deposits to your Deposit Account. Any such additional deposits or accumulated interest in your Deposit Account will likewise be subject to this Agreement. Credit Authorizations Some transactions may require our prior authorization and you may be asked by the merchant to provide identification. We may not be able to authorize a transaction, even if you have sufficient available credit. We may refuse to authorize any transactions at our sole discretion. We will not be liable to you if any of these events happen. We are not responsible for refusal or failure by any merchant to accept or honor your Card, or if a transaction cannot be completed for technical or other reasons. PAYMENT Promise to Pay You promise to pay according to the terms of this Agreement for all: (a) credit we extend on your Account; (b) interest Charges, and other fees and charges; and (c) collection costs and attorneys' fees to the extent permitted by applicable law. If your Account is a joint Account, each joint Accountholder is jointly and individually responsible for all amounts due under this Agreement regardless of death, divorce, other legal proceedings or any agreement that may affect liability between you. If any joint Accountholder requests to not be liable for future transactions, we may close the Account. Payment Each periodic billing statement you receive from us will identify a Minimum Payment Due. The Minimum Payment Due calculation is disclosed on the Additional Disclosure Statement. Recurring Transactions if you authorize a third party to bill charges on a recurring basis to your Account, we may (but are not required to) provide such third party with your current Account status, Account number and /or expiration date to permit that party to continue billing your Account. We may take such steps even if your Account number changes or if we issue a renewal or replacement Card. To withdraw authorization for a recurring charge in such a case, you must notify the third party. If you default, if a Card is lost or stolen, or if we change your Account or Account number for any reason, we may refuse or suspend recurring charges; in such case you will be responsible for making arrangements to reinstate the recurring charge arrangement and /or for making other payment arrangements. Timing and Form of Payments You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date. Instructions for making payments are on your billing statement. For a payment to be credited to your Account as of a particular day, we must receive your payment by the date and time and in the manner shown in those instructions. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. All payments must be in U.S, dollars. Except for disputed payments, if you pay by mail the payment must be sent to the address shown on your billing statement. if you pay by negotiable instrument, such as a money order or check, it must be in a form that is acceptable to us and must be drawn on a U.S. financial institution. Any check, money order or other instrument tendered as an accord and satisfaction, or which includes a condition, restrictive endorsement or any statement to the effect that acceptance of such instrument shall constitute full or partial satisfaction of a disputed or undisputed debt (collectively, a "Condition ") must be sent to the inquiry address shown on your billing statement. You must note conspicuously on the face of the payment instrument that it is tendered for this purpose. We reserve the right to refuse to accept any payment that is subject to a Condition. If the payment does not comply with the foregoing and we process it, we will not be bound by the Condition. By sending us a check for payment on your Account, you authorize us to initiate an electronic funds transfer from your bank or other financial institution account according to the terms of the check. This means that your check will be converted to an electronic transaction and your original check will not be returned to you by your bank. Your original check will be destroyed. Your checking or other financial institution account may be debited the same day we receive your check. If you do not want your checks to be converted to an electronic funds transfer, please call customer service at the phone number on the back of your Card. When you use our optional payment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You must authorize the amount and timing of each payment. Please retain this authorization for your records. Skip Payment We may allow you, from time to time, to skip a monthly payment. We will notify you when this option is available. If you skip a payment, periodic Interest Charges will accrue on your balance in accordance with the Agreement. Application of Payments We apply the amount of your payment equal to the Minimum Payment Due at our discretion and generally to lower APR balances before higher APR balances. We apply any payment in excess of the Minimum Payment Due on your Account to higher APR balances before lower APR balances. INTEREST RATES AND FINANCE CHARGES Interest Rates The APRs on your Account are either fixed or variable rates as indicated on the Additional Disclosure Statement. The APR is divided by 365 and rounded to the next highest hundred thousandth of a percentage point to determine your Daily Periodic Rate. The Daily Periodic Rate is used to determine the amount of periodic Interest Charges. Variable rates are determined by adding a specified amount ( "Spread ") to an Index (described below). Index For Variable Rate Accounts Monthly Index Information For each billing cycle, variable APRs are calculated by adding a specified amount ( "Spread ") to the U.S. prime rate published in the Money Rates table of The Wall Street Journal that is in effect on the last day of the month ( "Prime Rate "). If the Prime Rate changes, the new APRs will take effect on the first day of your billing cycle beginning in the next month. An increase in the Prime Rate will increase your applicable Daily Periodic Rates which may increase the Interest Charge due on your Account and may increase the Minimum Payment Due. Each time any APR changes, we will apply it to any applicable balances. If a different Index is applicable to your Account, the Index will be disclosed on the Additional Disclosure Statement. Purchase APR The Spread (for variable rates), APR and corresponding Daily Periodic Rate are disclosed on the Additional Disclosure Statement. Balance Transfer APR The Spread (for variable rates), APR and corresponding Daily Periodic Rate are disclosed on the Additional Disclosure Statement. Balance transfers may not always be available. Cash APR The Spread (for variable rates), APR and corresponding Daily Periodic Rate are disclosed on the Additional Disclosure Statement. Penalty APR The Spread (for variable rates), APR and corresponding Daily Period Rate are disclosed on the Additional Disclosure Statement. Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. In determining whether to apply your Penalty APR, we may consider the following factors: how long your Account has been open, the existence, seriousness or timing of the defaults on your Account or any other account you have with us; other indications of your Account usage and performance; information about your other relationship(s) with us or any of our related companies; and information we obtain from consumer credit reports obtained from consumer reporting agencies. If your Account becomes subject to the Penalty APR, we will provide advance notice before the Penalty APR goes into effect. If you make the next six consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the non - penalty APRs applicable to your Account. If you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. Promotional or Introductory APR At our discretion, we may offer you a Promotional or Introductory APR for any type of transaction. Any Promotional or Introductory APR offer will be subject to the terms of the offer and this Agreement. Additional APRs See Additional Disclosure Statement for any additional APRs that may be applicable to your Account. Interest and Finance Charges All Interest and Finance Charges will be added to the purchase balance, unless otherwise specified. Please see the Additional Disclosure Statement for applicability and amount of the following Interest and Finance Charges. Minimum Interest Charge. The Minimum Interest Charge is the minimum amount of interest that will be assessed in any billing cycle in which a periodic Interest Charge is payable.The Minimum Interest Charge will be allocated to each category of transactions containing balances subject to an Interest Charge. How Periodic interest Charges are Calculated. Periodic Interest Charges are added to the Account when we apply the applicable APR to the balances on the billing statement. We do this by multiplying the Average Daily Balance for each type of transaction shown on your billing statement (for example, purchases, balance transfers, cash advances) by the applicable Daily Periodic Rate. We then multiply the result by the number of days in the billing cycle. Periodic Interest Charges will be calculated using the Daily Periodic Rate in effect on the billing statement closing date. How Average Daily Balance is Determined. To calculate the Daily Balances, we take the beginning balance for each type of transaction every day, add any new transactions, any previous day's periodic Interest Charges, any Finance Charges, any fees and charges, and subtract any payments and /or credits and make any necessary adjustments. If a transaction posts after the beginning of a billing cycle, but the transaction occurred prior to the beginning of that billing cycle, the applicable Daily Balance and any related Interest Charge calculations may be adjusted to include the transaction amount as of the first day of the billing cycle in which the transaction posts. If your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the current cycle. If a transaction for a returned payment or a dispute resolved in our favor posts after the beginning of the billing cycle, the applicable Daily Balance(s) and any related Interest Charge calculations will be adjusted retroactively to include the transaction amount as of the date of the original payment or transaction. To calculate the Average Daily Balance, we add the Daily Balances for each day of the billing cycle and divide the total by the number of days in the billing cycle. How to Avoid Paying Interest on Purchases (Grace Period on Credit Card Purchases). Periodic Interest Charges begin to accrue on the date of the transaction and continue to accrue until your balance is paid in full. However, if you pay your entire New Balance by the Payment Due Date in the previous month, you can pay your current month's New Balance within at least 23 days (unless otherwise disclosed on the Additional Disclosure Statement) of the Statement Date without being charged interest on your purchases. Paying Interest on Other Transactions (No Grace Period on other transactions). There is no grace period for other transactions including cash advances, balance transfers and credit card checks, unless otherwise disclosed. Periodic Interest Charges begin to accrue on the date of the transaction, and continue to accrue until payment in full is credited to your Account. Changing Your Billing Cycle. Any request to change your billing cycle date is subject to our approval. You agree that changes based on your request may shorten any Grace Period you may have or increase the time period for which periodic Interest Charges may accrue. Balance Transfer Fee Finance Charges. Balance Transfers include balance transfers and credit card checks. A Balance Transfer Fee Finance Charge will be assessed on the amount of each balance transfer and credit card check as of the date the transaction posts to your Account and will be added to that transaction balance. Cash Advance Fee Finance Charges. Cash advances include all advances to get cash over the counter, through an ATM, or other "cash -like" transactions (such as purchasing a money order, traveler's check, casino betting chip, or a lottery ticket) as determined by us. A Cash Advance Fee Finance Charge will be assessed on the amount of each cash advance as of the date the transaction posts to your Account and will be added to the Cash balance. Foreign Transaction Fee Finance Charge. A Foreign Transaction Fee Finance Charge may be assessed on the U.S. dollar amount of transactions made in a foreign currency, as of the transaction date. The Foreign Transaction Fee assessed on purchases will be added to the purchase balance, and the Foreign Transaction Fee assessed on cash advances will be added to the cash balance. If you make a transaction in a foreign currency, the transaction will be converted by the Network, into a U.S. dollar amount in accordance with its operating regulations or conversion procedures in effect at the time the transaction is processed. Currently, Network regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate, or (2) a government- mandated rate in effect on either (i) the applicable central processing date, or (ii) one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction or posting date. The Network may change the procedures, from time to time, at its own discretion. Overdraft Fee Finance Charges. (applicable only to HSBC credit card Accounts providing overdraft protection to designated HSBC Bank deposit accounts.) If you requested overdraft privileges, we will lend you from your available cash advance credit limit the amount needed to cover any overdraft due to insufficient funds on the designated HSBC Bank deposit account. We will transfer to the deposit account the amount of the overdraft rounded to the next full dollar. We may not make a transfer if you do not have sufficient unused credit available or are delinquent hereunder. In that case, the overdraft will be subject to the usual deposit account rules and fees. Under no circumstances, shall any such overdraft be allowed to exceed your available credit limit. You understand that we have the right to cancel this Account or your overdraft loan privileges at any time. We may add an Overdraft Fee Finance Charge to your Account if your Account is utilized to cover any overdraft on your designated deposit account. An Overdraft Fee Finance Charge will be computed on the amount of each overdraft transaction. See the Additional Disclosure Statement for any additional Interest and Finance Charges that may be applicable to your Account. If the imposition of any fee amount specified in your Additional Disclosure Statement would exceed limits established by applicable law, we reserve the right to impose the maximum allowable fee, without waiving our right to impose the full specified fee amount thereafter. ACCOUNT FEES AND OTHER CHARGES Please see the Additional Disclosure Statement for amounts of the following fees and other charges. All such fees and other charges will be added to the purchase balance, unless otherwise specified. If the imposition of any fee amount specified in your Additional Disclosure Statement would exceed limits established by applicable law, we reserve the right to impose the maximum allowable fee, without waiving our right to impose the full specified fee amount thereafter. Annual Fee /Periodic Membership Fee If your Account is subject to an Annual Fee or Periodic Membership Fee, you agree to pay this fee each year (or other periodic assessment if indicated on the Additional Disclosure Statement) your Account is open, or closed with a balance. You agree that this fee will be charged to your Account. If you close your Account within the first 90 days your Account is open, the Annual Fee /Periodic Membership Fee(s) are refundable so long as you have not used the Account. The Annual Fee /Periodic Membership Fee compensates HSBC Bank USA, N.A. in part, for Cardmember services provided or made available to you throughout the membership year. Late Payment Fee A Late Payment Fee may be assessed for each billing cycle in which at least the Minimum Payment Due, and any amount past due, is not paid in time to be credited to the Account by the Payment Due Date. Over the Credit Limit Fee If you choose over the credit limit coverage, an Over the Credit Limit Fee may be assessed if your Account balance exceeds the total credit limit at any time during a billing cycle. Returned Payment Fee A Returned Payment Fee may be assessed to the Account each time a payment check, automatic payment deduction, or other payment method is not honored or is returned unsatisfied by your bank or other financial institution. Any payment returned unsatisfied for any reason may be reposted to any type of transaction (i.e. cash advance, purchases, etc.) and Interest Charges may be reinstated back to the payment date at the APR being charged for that transaction. Payment By Phone Fee A Payment by Phone Fee may be assessed to the Account each time a payment is made by telephone, even if the payment is made by someone other than you. The amount of this fee will be disclosed at the time such payment is requested. Stop Payment Fee A Stop Payment Fee may be added to the cash advance balance when a payment of a credit card check is stopped at your request. Payment may be stopped on a credit card check by notifying us in writing or by calling us at the telephone number listed on the Account billing statement, so long as such check has not already been processed. A stop payment request must include the check number, payee, amount, and date of the credit card check on which payment is to be stopped. If a stop payment is requested by telephone, the call must be confirmed in writing within 14 days. A written stop payment will remain in effect for six months unless renewed in writing. Written stop payment requests should be sent to the address for inquiries shown on your billing statement. Research Fee A Research Fee may be assessed to the Account for each copy of a requested document. The amount of this fee will be disclosed at the time such copies are requested. Additional Fees See the Additional Disclosure Statement for any other fees that may be applicable to your Account. Account renewal, Closure and termination Card Renewal Cards are issued with an expiration date. We have the right not to renew your Card for any reason. Closing Your Account You can close your Account by notifying us in writing or by telephone. Your Account balance will continue to accrue Interest Charges and other charges and fees and your Account will remain subject to all the terms and conditions of this Agreement. We will not honor any credit card check written on your Account or authorize any transactions after your Account is closed and you must destroy your Card(s) and any unused credit card checks. Send your written request to close your Account to the inquiry address shown on your billing statement or you may call us at the telephone number listed on your billing statement. Account Closure We may close your Account, suspend your credit privileges, or reduce your credit limit at any time and for any reason, subject to the requirements of applicable law. In any of these events, your Account balance will continue to accrue Interest Charges and other charges and fees and will remain subject to all the terms and conditions of this Agreement. If we close your Account, you agree to destroy your Card(s) and any unused credit card checks. If your Account has been closed, or your credit privileges are suspended, you may not use your Card or credit card checks. Default You will be in default under this Agreement if: (a) you fail to make at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date; (b) you violate any other provision of this Agreement; (c) you become deceased; (d) you become subject to bankruptcy or insolvency proceedings; (e) you supply us with misleading, false, incomplete or incorrect information; (f) we receive information from third parties, including consumer reporting agencies, which indicate a serious delinquency or charge -off with other creditors; (g) you fail to provide us a physical address; (h) you exceed your credit limit; (i) your payment is returned unsatisfied by your bank or other financial institution for any reason; or (j) any credit card check is returned unpaid by us. Upon default, we have the right to close your Account, to terminate or suspend your credit privileges under this Agreement, to change the terms of your Account and this Agreement, and to sue you for what you owe. If you do not pay us, your Account balance will continue to accrue Interest Charges and other charges and fees until paid in full and will remain subject to all the terms and conditions of this Agreement. If we sue you, or if we hire a third party to collect your Account balance, you will pay our court costs, reasonable attorneys' fees and other collection costs related to the default to the extent permitted by law in the state in which you reside, and we will apply your payments first to attorneys' fees and other costs and then to principal and unpaid Interest Charges. Security Interest If you have not completed a Secured Credit Card Deposit Account Agreement for your Account, we are extending you an unsecured line of credit. If you have completed an application and a Secured Credit Card Deposit Account Agreement for a secured account, the terms and conditions contained within this paragraph apply to your Account. As Security for your performance under this Agreement, including but not limited to the repayment of all credit extended under this Account and any replacement secured credit card account, you assign, pledge, and grant to us a first priority security interest in all money now and hereafter in the deposit account ( "Deposit Account ") with HSBC Bank USA, N.A.. You authorize us to restrict withdrawals from your Deposit Account until such time as this Account is closed and all your indebtedness is fully satisfied or until this Account is otherwise modified by us. If you exceed your credit limit, or otherwise default under the terms of this Agreement, or if this Agreement is cancelled by you or us for any reason, we may at any time thereafter and without advance notice to you, apply all or part of your Deposit Account to the payment and satisfaction of any and all amounts owed under this Account and any replacement secured credit card account. In addition, we may use any other remedies permitted or otherwise available to us. If the amount in your Deposit Account is not sufficient to retire all obligations incurred related to your Account, you agree to pay the amount owed to us immediately. Credit card Fraud Lost or Stolen Credit Card or Account Checks You agree to notify us immediately if your Card or credit card checks are lost or stolen or your Account number is compromised. You may notify us by calling us at the phone number listed on your billing statement. Liability for Unauthorized Use You should retain copies of all charge slips until you receive your billing statement, at which time you should verify that the charges are true and the amounts unaltered. You may be liable for the unauthorized use of your Card. You will not be liable for unauthorized use that occurs after you notify us of the loss, theft or possible unauthorized use. Notification must be given either by writing us immediately upon learning of the loss, theft or possible unauthorized use or calling us immediately at the telephone number listed on your billing statement. You will not be liable for any unauthorized use of your Account when you notify us immediately by phone or in writing. In any case, your liability for unauthorized use of your Card will not exceed $0. To notify us of unauthorized use of your Card, you may call or write to us at the telephone number or inquiries address shown on your billing statement. Personal information Change of Name, Address, Telephone Numberor Employment You agree to give us prompt notice of any change in your name, mailing address, telephone number or place of employment. Updated Financial and Other Information Upon request, you agree to promptly give us accurate financial and other information about yourself. Credit Reporting If you fail to fulfill the terms of your credit obligation, a negative report reflecting on your credit record may be submitted to consumer reporting agencies. If any specific information related to your Account transactions or credit experience with us is inaccurate, you may notify us to correct the inaccurate information (after confirmation of the alleged error) reported to any consumer reporting agency by writing to us at P.O. Box 98706, Las Vegas, NV 89193. Certain Privacy Practices You agree that from time to time we may receive credit information concerning you from others, such as stores, other lenders, and credit reporting agencies, and that we may use this information to amend, cancel or suspend your credit privileges under this Agreement even if you are not in default with us. You agree that the Department of Motor Vehicles may release your residence address to us, should it become necessary to locate you. You agree that our supervisory personnel may listen and record telephone calls between you and our representatives in order to evaluate the quality of our service to you and to other cardmembers. For additional information regarding our privacy practices, please refer to our Privacy Statement. ADDITIONAL TERMS Change of Terms (Including Interest Charges) WE MAY CHANGE OR TERMINATE ALL OR ANY PART OF THIS AGREEMENT OR ADD NEW TERMS AT ANY TIME, INCLUDING WITHOUT LIMITATION ADDING OR INCREASING FEES, INCREASING YOUR PERIODIC PAYMENT, INCREASING THE RATE OR AMOUNT OF INTEREST and FINANCE CHARGES, OR CHANGING THE METHOD OF COMPUTING THE BALANCE UPON WHICH INTEREST CHARGES ARE ASSESSED. REASONS FOR A CHANGE MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CHANGE IN YOUR CREDIT HISTORY, CREDIT OBLIGATIONS, ACCOUNT PERFORMANCE, USE OF YOUR CREDIT LINES OR OUR FINANCIAL RETURN. THESE RATE CHANGE PROVISIONS DO NOT APPLY TO ROUTINE VARIABLE RATE ACCOUNT ADJUSTMENTS WHICH ARE SET FORTH IN THIS AGREEMENT. ANY CHANGES WILL BE IN ACCORDANCE WITH THIS AGREEMENT AND APPLICABLE LAW. NOTICE OF ANY CHANGE WILL BE PROVIDED TO YOU AS REQUIRED BY APPLICABLE LAW WHICH MAY INCLUDE THE RIGHT TO OPT OUT OF CERTAIN CHANGES. UNLESS OTHERWISE STATED, CHANGES APPLY TO BOTH NEW AND OUTSTANDING BALANCES. Other information Assignment of Account We may sell, assign or transfer your Agreement and Account or any portion thereof without notice to you. You may not sell, assign or transfer your Account. If we sell, assign, or transfer your Account, the purchaser, assignee, or transferee shall have the same rights as we do under this Agreement. Waiver We may choose to delay enforcing or waive any of our rights under this Agreement in certain situations. We can delay enforcing or waive any of our rights without affecting our other rights. If we delay or waive a right, we do not thereby delay or waive the same right in other situations. Severability If any provision of this Agreement is finally determined to be void or unenforceable under any law, rule or regulation, all other provisions of this Agreement will remain valid and enforceable. Applicable Law This Agreement and your Account will be governed by federal law and, to the extent state law is applicable, the laws of the state of Virginia, whether or not you live in Virginia and whether or not your Account is used outside Virginia. This Agreement is entered into in Virginia, your Account is maintained in Virginia, and all credit under this Agreement will be extended from Virginia. YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: HSBC Bank USA, N.A. PO Box 5253, Carol Stream, IL 60197 -5253 or at the address shown on your billing statement. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: • Within 60 days after the error appeared on your statement. • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing.You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain. While we investigate whether or not there has been an error: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. • If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Your Rights if You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home State or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: HSBC Bank USA, N.A. PO Box 5253, Carol Stream, IL 60197 -5253 or at the address shown on your billing statement. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. HSBC credit cards are issued by HSBC Bank USA, N.A. and service by its affiliate HSBC Card Services Inc. Eesh K. Bansal SVP, Head of Asset Businesses O 2010 HSBC Bank USA, N.A. All Rights Reserved. November 1, 2010 MasterCard is a registered trademark of MasterCard International Incorporated. Visa is registered trademark of Visa International Service Association Discover@ Network and the Discover Network Acceptance Mark are used by HSBC under license from Discover Financial Services. AG3105 (11/10) CI ADDITIONAL DISCLOSURE STATEMENT Minimum Payment Due Your Minimum Payment Due each month will be calculated as follows: (a) If your New Balance is not more than $25, your Minimum Payment is the New Balance. (b) If your New Balance is more than $25, your Minimum Payment is the greater of: (i) 1% of the New Balance shown on your statement plus the following: any periodic Interest Charges posted to your Account during the billing cycle, and • any Late Payment Fee posted to your Account during the billing cycle, and • any Over the Credit Limit Fee posted to your Account during the billing cycle, and an amount equal to 1112 of the Annual Fee, if applicable, or (ii) $25 (c) Any Past Due Amount shown on your statement will be added to the Minimum Payment. Your Minimum Payment Due will be rounded up to the nearest dollar, unless doing so will cause the resulting value to exceed the New Balance. INTEREST RATES AND FINANCE CHARGES Annual Percentage Rates ( "APR ") and Daily Periodic Rates ( "DPR ") as of 6130/11 Purchase APR: Applies to credit card purchases 9.99% -- 19.99% APR (corresponding 0.02737% — 0.05477% DPR) This APR will vary with the market based on the Prime Rate. Spread 6.74% — 16.74% Balance Transfer APR: Applies to balance transfers and credit card checks, if available 9.99% — 19.99% APR (corresponding 0.02737% — 0.05477% DPR) This APR will vary with the market based on the Prime Rate. Spread 6.74% — 16.74% Cash APR: Applies to cash advances. 21.99 %% APR (corresponding 0.06025% DPR) This APR will vary with the market based on the Prime Rate. Spread 18.74% Penalty APR 27.24% APR (corresponding 0.07463% DPR) This APR will vary with the market based on the Prime Rate. Spread 23.99% Minimum Interest Charge $1.00 Grace Period on Credit Card Purchases: You have at least 23 days from the date of the periodic statement to avoid an Interest Charge on new credit card purchases, provided you paid your previous balance in full. Balance Transfer Fee Finance Charge: Either $5 or 3% of the amount of each transfer, whichever Is greater, unless otherwise disclosed. Cash Advance Fee Finance Charge Either $10 or 3% of each cash advance, whichever is greater. Foreign Transaction Fee Finance Charge: 3% of the U.S. dollar amount on transactions made in a foreign currency, as of the transaction date. Overdraft Fee Finance Charge Either $5 or 3% of the overdraft amount, whichever is greater, if applicable. ACCOUNT FEES AND OTHER CHARGES Annual Fee /Periodic Membership Fee — $0 Late Payment Fee If your Outstanding Balance on your payment Due Date is up to and including $250.00 the Late Payment Fee is $19 the first time your payment is late; and, if another payment is late during the next 6 billing cycles the Late Payment Fee is $19. If your Outstanding Balance on your payment Due Date is more than $250.00 the Late Payment Fee is $25 the first time your payment is late; and, if another payment is late during the next 6 billing cycles the Late Payment Fee is $35. In no event will your Late Payment Fee exceed the amount of your Minimum Payment Due. Over the Credit Limit Fee -$25. In no event will your Over the Credit Limit Fee exceed the amount you are over your credit limit when the fee is assessed Returned Payment Fee - $25. In no event will your Returned Payment Fee exceed the amount of your Minimum Payment Due. Stop Payment Fee - $29 787095087 Addendum_HSBC Card - 3105 Rev (6111) Pricing Addendum INTEREST RATES AND FINANCE CHARGES Interest Rates The APR is divided by 365 and rounded to the next highest hundred thousandth of a percentage point to determine your Daily Periodic Rate. The Daily Periodic Rate is used to determine the amount of periodic Interest Charges. Variable rates are determined by adding a Periodic Rate. The Daily Periodic Rate is used to determine the amount of periodic Interest Charges. Variable rates are determined by adding a specified amount ( "Spread ") to an Index (described below). Index for Variable Rate Accounts For each billing cycle, variable APRs are calculated by adding a specified amount ( "Spread ") to the U.S. prime rate published in the Money Rates table of The Wall Street Journal that is in effect on the last day of the month ( "Prime Rate "). If the Prime Rate changes, the new APRs will take effect on the first day of your billing cycle beginning in the next month. An increase in the Prime Rate will increase your applicable Daily Periodic Rates which may increase the Interest Charge due on your Account and may increase the Minimum Payment Due. Each time any APR changes, we will apply it to any applicable balances. Specific Rates and Fees may be determined based on your creditworthiness. Purchase APR Prime plus 6.74% - 16.74% Balance Transfer APR Prime plus 6.74% — 16.74 %, if available Cash APR Prime plus 18.74% Penalty APR Prime plus 23.99% Penalty APR: Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. In determining whether to apply your Penalty APR, we may consider the following factors: how long your Account has been open, the existence, seriousness or timing of the defaults on your Account or any other account you have with us; other indications of your Account usage and performance; information about your other relationship(s) with us or any of our related companies; and information we obtain from consumer credit reports obtained from consumer reporting agencies. If your Account becomes subject to the Penalty APR, we will provide advance notice before the Penalty APR goes into effect. If you make the next six consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the nonpenalty APRs applicable to your Account. if you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. Interest and Finance Charges Minimum Interest Charge: A Minimum Interest Charge of $1.00 will be assessed in any billing cycle in which a periodic Interest Charge is payable. Paying Interest: Your due date is at least 23 days after the close of each billing cycle. We will not charge you interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date. Balance Transfer Fee: Either $5 or 3% of the amount of each transfer, whichever is greater, unless otherwise disclosed. Cash Advance Fee: Either $10 or 3% of each cash advance, whichever is greater. Foreign Transaction Fee: 3% of the U.S, dollar amount on transactions made in a foreign currency, as of the transaction date. Overdraft Fee: Either $5 or 3% of the overdraft amount, whichever is greater. ACCOUNT FEES AND OTHER CHARGES Annual Fee: $0 Late Payment Fee: If your Outstanding Balance on your payment Due Date is up to and including $250.00 the Late Payment Fee is $19 the first time your payment is late; and, if another payment is late during the next 6 billing cycles the Late Payment Fee is $19. If your Outstanding Balance on your payment Due Date is more than $250.00 the Late Payment Fee is $25 the first time your payment is late; and, if another payment is late during the next 6 billing cycles the Late Payment Fee is $35. In no event will your Late Payment Fee exceed the amount of your Minimum Payment Due. Over the Credit Limit Fee: $25. In no event will your Over the Credit Limit Fee exceed the amount you are over your credit limit when the fee is assessed. Returned Payment Fee: $25. In no event will your Returned Payment Fee exceed the amount of your Minimum Payment Due, Required insurance, debt cancellation or debt suspension coverage: None How Average Daily Balance Is Determined: To calculate the Daily Balances, we take the beginning balance for each type of transaction every day, add any new transactions, any previous day's periodic Interest Charges, any Finance Charges, any fees and charges, and subtract any payments and /or credits and make any necessary adjustments. To calculate the Average Daily Balance, we add the Daily Balances for each day of the billing cycle and divide the total by the number of days in the billing cycle. 787095087_PricingAddendum_HSBC Card Rev (6/11) ' n i VERIFICATION I, ANGELICA MAUIN Z , hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that MICHELLE BARCZAK owes the balance of $2,237.86 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. By: Dated: SEP 17 2013 ANGELICA MARTINEZ Authorized Representative SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson .t- a:; Sheriff ( a0,10 of Jody S Smith .x� � i �l5 = Chief Deputy Richard W Stewart Solicitor : � .� �y w=,ter C.JMBEIRlLA14D Guth PENNSYLVANIA CACH, LLC vs. Case Number Michelle Barczak 2013-6163 SHERIFF'S RETURN OF SERVICE 11/21/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Michelle Barczak, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 6055 Edward Drive, Hampden Township, Mechanicsburg, PA 17050. Deputies were advised by current resident that the did not know the defendant and to this date the Mechanicsburg Postmaster has not provided a good forwarding address and the Complaint has since expired. SHERIFF COST: $44.30 SO ANSWERS, 4 November 21, 2013 RoNtrY R ANDERSON, SHERIFF fwj OU.^,iYSUIi� h ,r;ry TGI��SCfi..�...,. r.: r ,t111�'' it'', 2814 JA1129 Law Firm of Allan C. Smith, P.C. Ate 10 Attorney I.D. 204756 'tThBER Bucks County Office Center PENW L S A Y U D COUNTY ( DL 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399//(215) 428-0666 Attorney for Plaintiff CACH,LLC IN THE COURT OF COMMON PLEAS 4340 S. MONACO STREET, 2ND FLOOR CUMBERLAND COUNTY, PENNSYLVANIA DENVER, COLORADO 80237 Plaintiff(s), vs. Docket No: 2013-06163 MICHELLE BARCZAK 5325 OXFORD DR PRAECIPE TO REINSTATE MECHANICSBURG, PA 17055 Defendant(s). TO THE CLERK OF COURTS OF CUMBERLAND COUNTY: Q REINSTATE the Complaint in the above captioned matter. 0 REISSUE the Writ of in the above captioned matter. 0 OTHER: DATE: January 15, 2014 tAykil Ath orryn fKronnagel, Esquire 0,1\4 a 11.7*j a C Lit OF-2m) 3 0 I 0 d SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson II.; • Sheriff THE PROTHONO ha, Jody S Smith Chief Deputy 2014 FEB I I PM 3: 15 Richard W Stewart Solicitor = CUMBERLAND COUNTY PENNSYLVANIA CACH, LLC vs. Case Number Michelle Barczak 2013-6163 SHERIFF'S RETURN OF SERVICE 01/31/2014 01:27 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Brandon Rollason, Fiancee, who accepted as"Adult Person in Charge"for Michelle Barczak at 5325 Oxford Drive Apt. 117, Lower Allen, Mechanicsburg, PA 17055. ' 1-31 31 BRIAN GRZYB•: I, DEP SHERIFF COST: $39.30 SO ANSWERS, Lam'= February 05, 2014 RONNY R ANDERSON, SHERIFF