Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
14-1103
Supreme Cou-rt Pennsylvania Courh -ot Common Pleas l { `,_ y? V_- For Prothonotary Use Only: I INI k: S TAM P CivlI vel I 1 W z eet Docket Y No: CUMB�RLA Count - 1 ) 0 � The information collected on this form is used solely for court administration purposes. This form does not supp lement or replace the filing and service ofpleadings or other a ers as required by law or rules of court. S Commencement of Action: E ® Complaint ❑ Writ of Summons ❑ Petition C ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking , Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC CHRISTOPHER M BOEHKE I Are money damages requested? ® Yes ❑ 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 i 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 j 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 r ❑ 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 f E ,Hass tort) ❑ Employment Dispute: ❑ Slander /Libel /Defamation � Discrimination E] Zoning Board C ❑ Other: ❑ Employment Dispute: Other ❑ Other: T- -- - - -- - - --- - -- ❑ Other: i 0 MASS TORT – N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS i B ❑Toxic Tort - Implant El Ejectment E] Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment J ❑ Other: ❑ Ground Rent ❑ M andamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations - -- — ❑ Mortgage Foreclosure: Residential Restraining Order -- ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto E) Partition E3 Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: E] Legal - - -- - ------ ❑ Medical ❑ Other Professional: 14 -68290 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 N 0 j It /p�, 120 Corporate Blvd Norfolk VA 23502 TELE: 1 -866- 428 -8102 t `�/ / ` 08 FAX: (757) 518 -0860 ' ENDS V Cp p� Attorneys for Plaintiff �`�f�1lq r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD I NORFOLK, VA 23502 Nc Plaintiff, V. CHRISTOPHER M BOEHKE 510 BRANDT AVE APT B NEW CUMBERLAND PA 17070 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 14 -68290 (717) 249 -3166 � c TF U � 3 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. CHRISTOPHER M BOEHKE 510 BRANDT AVE APT B NEW CUMBERLAND PA 17070 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 14 -68290 Esta cOM1111cacion es de un cobrador de deudas y es un intent do cobrar una deuda. Cualguier infroinacion sera utilizada para ese proposito. 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. CHRISTOPHER M BOEHKE 510 BRANDT AVE APT B NEW CUMBERLAND PA 17070 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, CHRISTOPHER M BOEHKE, is an adult individual with last known address of 510 BRANDT AVE APT B, NEW CUMBERLAND PA 17070. 3. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / CAPITAL ONE, N.A. / METRIS on February 20, 2008 with account number * * * * * * * * * ** *0156 (hereafter referred to as "Account "). A copy of the account history is attached here to and collectively marked as Exhibit "A." 4. By using the Account, Defendant agreed to repay any incurred balances and/or charges made to the Account pursuant to the terms and conditions governing said Account. Failure to pay Defendant's incurred charges on the Account is considered a default. This communication is from a debt collector and is an attempt to collect a debt. Any infoirn.ation obtained will 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 June 15, 2012. 8. Plaintiff is the purchaser, assignee and /or successor in interest HSBC BANK NEVADA, N.A. / CAPITAL ONE, N.A. / METRIS and Plaintiff is now the holder of the Account. A true and correct copy of the Plaintiffs Bill of Sale 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 $5,025.83. 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, CHRISTOPHER lie iBrown, amount of $ , 5.83, plus costs of this action and any other relief as the Court deems Esquire, # 94055 Ro bert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 14 -68290 This cornmunication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Tiffany Griffin hereby states that he /she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his /her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. JAN 2 7 2014 4-1 Date: By: 41L r-'-71- Tiffany Grim Custodian of Records 14 -68290 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. XHIBIT 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 s 120 Corporate Blvd Norfolk, VA 23502 77 Telephone: 1- 866 -428 -8102 Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** *0156 CHRISTOPHER M BOEHKE Account Holder: CHRISTOPHER M BOEHKE 510 BRANDT AVE APT B NEW CUMBERLAND PA 17070 Consumer Account Product Code: MC Issuer: HSBC BANK NEVADA, N.A. / CAPITAL ONE, N.A. / METRIS Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *0156 Date Account Opened: February 20, 2008 Date of Last Payment: June 15, 2012 Date of Charge Off: January 31, 2013 Balance at Purchase: $5,025.83 Purchase Date: February 14, 2013 Balance at Charge -Off $5,025.83 Less Payments: $.00 Balance Due: $5,025.83 14 -68290 HSBR40 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. P4 0 Exhibit 1 Forward Flow Receivable Sale Agreement dated 12/06/2012 BILL OF SALE Closing Date: 02/14/2013 Capital One, National Association ( "Seller"), in consideration of a Purchase Price of and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File entitled. �— -- which may be in electronic form) to Portfolio Recovery Associates, LLC and its affiliates and its subsidiary entities ("Buyer"), without recourse or representation except as expressly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of 12/06/2012, by and between Seller and Buyer (the "Agreement'). All capitalized terms used, but not defined; in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Cutoff Date for the Sale File was 02/11/2013. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was I CAPITAL ONE, NATIONAL ASSOCIATION B ?e:John - - = N H. Maurer Title: Vice President j A ), 7) Job Messages xerox ddturner Document Name: axDocDownloadExe.aspx % %[ ProductName: Xerox D125 Copier /Printer ] %% % %[Page: 1] %% % %[LastPage] %% 90.64.226.86 Job # 96977 Credit Card Agreement for Consumer Cards in Capital One° N.A. There are two parts to this Credit Card Agreement: Capital One Pricing Information and the Capital One Customer Agreement. The Pricing Information shows a range of terms that includes both mail and online offers for new accounts available under this Agreement as of December 31, 2010. The combination of terms that could apply to you will differ depending on the specific card offer and on your creditworthiness at the time of application. Not all offers will contain introductory rates. The Customer Agreement contains important information related to consumer credit cards issued by Capital One N.A. Please visit www. capitalone.com to view our online credit card offers. If you are a current Capital One cardholder, please log in to your account if you would like to request the Credit Card Agreement for your account(s). CAPITAL ONEaD PRICING INFORMATION Annual Percentage Rate Introductory rate of 0 %, ranging from 9 months to 12 months. (APR) for Purchases Non - introductory rates between 11.9% and 24.9 %. Some Purchase APRs may vary with the market based on changes in the Prime Rate. APR for Transfers Introductory rate of 0% for 12 months. Non - introductory rates between 11.9% and 24.9 %. Some Transfer APRs may vary with the market based on changes in the Prime Rate. APR for Cash Advances 24.9 %. Cash Advance APRs may vary with the market based on changes in the Prime Rate. Penalty APR and When 29.4 %. It Applies Penalty APRs may vary with the market based on changes in the Prime Rate. This APR may be applied to your account if you make a late payment. How Long Will the Penalty APR Apply? If APRs are increased for a payment that is more than 60 days late, the Penalty APR will apply indefinitely unless you make the next six consecutive minimum payments on time following the rate increase. Paying Interest Your due date is at least 25 days after the close of each billing cycle. We will not charge interest on new purchases provided you have paid your previous balance in full by the due date each month. We will begin charging interest on cash advances and special transfers on the transaction date. Minimum Interest Charge if you are charged interest, the charge will be no less than $0.50. Annual Fee Between $0 and $39 annually. Transaction Fees • Transfer Fee Between $0 and 3% of the amount of each transfer. • Cash Advance Fee The greater of either $10 or 3% of the amount of each cash advance. • Foreign Transaction Fee None. Penalty Fees • Late Payment Up to $35. • Over -the- Credit -Limit Up to $29. • Returned Payment Up to $35. How We Will Calculate Balances: We use a method called "average daily balance" (including new purchases). See How Do You Calculate the Interest Charge? below for more details. Loss of Introductory APR: We may end your Introductory APR and apply the Penalty APR if you make a late payment. Things You Should Know About These Offers Can You Change My Account Terms? We can change the terms of your account as permitted by law. When required, we will send you notice before doing so. How Do You Calculate Variable Rates? Variable rates may change when the Prime Rate changes. We calculate variable rate by adding a percentage to the Prime Rate published in The Wall Street, journal on the 25th day of each month. If the journal is not published on that day, then see the immediately preceding edition. If Prime changes, your new rate will take effect on your next billing period. If your offer discloses a variable rate that changes quarterly, your new rate will take effect on the first day of your January, April, July and October billing periods. If the APR associated with an offer is variable, the APR will equal: Non - introductory Purchase APR - Prime plus a margin between 8.65% and 21.65 %. Non - introductory Transfer APR - Prime plus a margin between 8.65% and 21.65 %. Cash Advance APR - Prime plus 21.65 %. Penalty APR - Prime plus 26.15 %. CA305_CAA_Fed_Format_Jan201Undd 1 1/21111 11:40 AM What Are The Daily Periodic Rates Used To Calculate My Interest? The daily periodic rate for your Introductory Purchase APR would be 0 %, Non - introductory Purchase APR between .0326% and .06822 %, Introductory Transfer APR would be 0 %, Non - introductory Transfer APR between .0326% and .06822 %, Cash Advance APR .06822%, and Penalty APR .08055 %. How Can I Avoid Paying Interest Charges? Each month you pay your "New Balance" in full by the due date, you will have a minimum grace period of 25 days with no interest charge on all new 1) purchases, 2) balance transfers, 3) special purchases and 4) other charges. If you have been paying your account in full with no interest charges applied and you do not pay your next bill in full, prorated interest charges will be assessed. There is no grace period on cash advances, special transfers, or on any new transaction when there is an unpaid balance from a previous bill. How Is The Interest Charge Applied? Interest charges accrue from the 1) date of the transaction, 2) date the transaction is processed or 3) first calendar day of the billing period. Interest charges accrue on every unpaid amount until it is paid in full. This means you may owe interest charges even if you pay the entire "New Balance" one month, but did not do so for the previous month. Unpaid interest charges are added to the proper segment of your account. How Do You Calculate The Interest Charge? For each segment of your account, we calculate your total interest charge by multiplying your average daily balance by the daily periodic rate and multiplying the result by the number of days in the billing period. Due to rounding or a minimum interest charge, this calculation may vary slightly from the interest charge actually assessed. We determine your daily periodic rate by dividing the corresponding Annual Percentage Rates by 365 and rounding to the nearest 1 /100,000th of 1 %, not to exceed the maximum allowed by applicable law. If the daily periodic rates and corresponding Annual Percentage Rates increase, the interest charge will increase and your minimum payment may be greater. To determine your average daily balance: 1) add the daily balances together and 2) divide the sum by the number of days in the billing cycle. To determine your daily balance: 1) take the beginning balance and add in new transactions and the periodic interest charge on the previous day's balance. 2) Subtract any payments and credits for that segment as of that day. However, if you paid your previous month's balance in full (or if your balance was zero or a credit amount), new transactions which post to your purchase or special purchase segments are not added to the daily balances. Also, transactions that are subject to a grace period are not added to the daily balances. © 2010 Capital One. Capital One is a federally registered service mark. All rights reserved. Products and services offered by Capital One N.A. Capital One supports information privacy protection: see our website at www.capitalone.com. CA305 _CAA_Fed_Format_Jan2011.indd 2 1/21/11 11:40AM Capital One® Customer Agreement Welcome to Capital One.® Statement. You may also update some of this information Thank you for opening a credit Card Account with us. This by logging onto your Account on our website or by calling Customer Agreement ('Agreement') contains the terms for one of our representatives at the telephone number your Capital One credit Card. provided on your Statement or on the back of your Card. We may require you to provide additional documents Some Definitions. that are acceptable to us to verify this information or any The meanings of the terms you see in italics appear in changes. We maintain the right to restrict or close your the Glossary Section. To make the Agreement easy Account if your information cannot be verified or if you do to understand, we will also use the following personal not provide additional information as requested. pronouns: Credit Limits. "You," "your" and "yourself" mean each applicant and co- When you open your Account, you will receive your credit applicant for the Account; any person responsible for paying limits. These will also appear on your Statements. We might the Account; and anyone You authorize to use, access or also refer to your credit limits as your credit lines. We may give service the Account. It also includes an Authorized User as you different credit limits for the different Segments of your defined in the Glossary Section. Account. For example, you might have a different credit limit "We," "us," "our" and "Capital One" mean Capital One N.A.; for purchases than for Cash Advances. and its agents, authorized representatives, successors, and assignees. You are responsible for keeping track of your Account balances and your available credit limits. Do not allow your Account Account Documents. to go over any credit limit even if you have authorized us to Your Account with us is governed by the following charge you an overlimit Fee for doing so, as described in the documents: Interest Charges and Fees section. We may still honor transactions above your credit limits, but our honoring of these (1) this document; transactions will not increase your credit limit. (2) all Statements; (3) all rewards information and documentation if your We may also increase, decrease, restrict or cancel your credit Account has rewards; limit on any Segment at any time. This will not affect your (4) any Privacy Notices describing our limitations on sharing obligation to pay us. information about you with others; (5) your Card benefits brochure which describes benefits Using Your Account. provided by the Payment Card Network for your Card and You promise to follow the terms of this Agreement as long Account. The most current version of your Card benefits as your Account remains open or has a balance. Please sign brochure will replace all prior versions; the Card immediately when you receive it. The Card is valid (6) the "Security" Agreement if you have a secured Card; during the dates provided on the front. The Card is our (7) all disclosures and materials provided to you before property, and you will return it to us or destroy it if we ask. or when you opened your Account, including Truth in You will take reasonable steps to prevent the unauthorized Lending Disclosures; use of your Card and Account. (8) all other documents and disclosures relating to your Account including those provided online; and We are not responsible if anyone refuses to accept your (9) any future changes we make to any of the above things. Card for any reason. Also, we may reject any transaction for any reason. Unless we tell you otherwise, we will bill each Please read these carefully and keep them for future transaction to the applicable Segment of your Account and reference. An image of any of these can be used instead of apply it against your available credit limit for the Account and the original. Card for that Segment in each Billing Cycle. New Offers. You may also obtain Cash Advances and Transfers if they are In the future, we might make new offers to you or forward permitted for your Account. Unless we agree, you may not offers from others that we think you might be interested use a Transfer to transfer amounts from other Accounts with in. These offers may have new or different terms and us or any other company within the Capital One organization. documentation for these offers will be provided when we make you the offer. If you accept the offer, your previously You must not use, or try to use, the Card for any Internet disclosed terms will still apply except as modified by the offer. gambling transactions or transactions that are illegal or not permitted by us. You will still be responsible if you do. In Account Information. addition, these transactions will be subject to this Agreement, We need information about you to manage your Account. and you might have to reimburse the Payment Card Network The information we need includes: and us for all damages and expenses. (1) your legal name; From time to time, due to circumstances beyond our control (2) a valid U.S. mailing address and residential address (if (such as system failures, fires, floods, natural disasters or other different); unpredictable events) our services might be unavailable. When (3) your date of birth; this happens, you might be unable to use your Card or obtain (4) your social security number or other government information about your Account. We will not be responsible or identification number; liable if this happens. (5) your telephone number(s); and (6) your employment and income information. Rewards. Your Account might provide you with the opportunity to earn You must tell us when this information changes. Please rewards. If it does, we will separately provide you with all update your address in the manner provided on your information and terms about your rewards. We will include CA305 _CAA_Fed_Format_Jan2011.indd 3 1/21/11 11:40 AM on your Statements all rewards you have earned. It might your request, we will need certain information about the take up to two Billing Cycles for your earned rewards to Authorized User to manage your Account. This will be the appear on your Statement. same information you provided about yourself as described in the Account Information Section. We may limit an Using Your Access Checks. Authorized User's ability to initiate certain transactions. If we When we provide you with Access Checks, we will tell you do, we will tell you about these limitations before adding any whether we will treat them as purchases, Balance Transfers, new Authorized User on your Account. Cash Advances or Special Transfers. Once we add an Authorized User to your Account, we Only the person we designate may use Access Checks. Access may discuss your Account with them and provide them Checks may not be =pay pay any amount you owe us or with Account information. You will be responsible for the any other company within the Capital One organization. We Authorized User's use of the Card and your Account as well may reject and not pay any Access Check for any reason. as anyone else they allow to use your Card or Account. This Some examples of reasons why we may reject and not pay will be true even if you did not want, or agree to, the use. include: your Account is delinquent, charged -off, bankrupt, lost/stolen or closed; our fraud system prevents the offer Removing an Authorized User fulfillment; your Account is overlimit; or the checks have If you want to remove an Authorized User from the Account, expired. Any liability for our wrongful dishonor of an Access you must contact us as provided on your Statement and Check will be limited to your actual damages and will not request their removal. We will have a reasonable amount of exceed the amount of the Access Check. time after your request to research the situation and remove them. You also must immediately destroy all Cards in their When you use an Access Check, you will have fewer rights to possession and cancel all of their billing arrangements to the dispute merchant transactions than with other uses of your Account. We will not do this for you. During this time, you still Card. Please see the "Billing Rights Summary" part of your will be responsible for all amounts they charge to the Account. Statement and your other Truth in Lending Disclosures for You will be responsible even if these amounts do not appear more information. on the Account until later. An Authorized User may remove Stopping Payment of Access Checks. themselves from the Account upon request. You may request a stop payment on any Access Check by We may close your existing Account and /or issue a new Card contacting us as provided on your Statement. We may charge with a new Account number. you a Fee to stop payment as described in the Interest Charges and Fees section. If you call us to stop payment, you Your Promise to Pay. must also send to us a written request within 14 calendar days. You promise individually and jointly to pay us all amounts due on your Account. This includes amounts where you did not We will have a reasonable amount of time after your stop sign a purchase slip or other documents for the transaction . payment request to research the situation and complete If you use your Card number without presenting your actual ` it. We will not be responsible if we cannot complete the Card (such as for mail, telephone or Internet purchases), stop payment because the Access Check was already paid, this will be treated the same way as if you used the Card you do not give us the information we asked for or the in person. If you let someone else use your Card, you are information you gave us was incorrect. If we cannot stop responsible for all transactions that person makes. Your payment for these reasons, we may still keep the stop promise to pay us will apply to your estate if you die. payment Fee. Statements. Once we complete a stop payment, we do not have to release We will send you one Statement for all Cards on your the stop payment order unless the same person asks us to. Account unless the law does not require or permit us to If we re- credit your Account after paying an Access Check send a Statement. Statements will be sent at the end of following a valid stop payment order, you give us all of your each Billing Cycle when your Account has a debit or credit rights against the payee or other holder of the paid Access balance of more than $1.00, or if we have charged any Check. You also agree to help us in any actions we might Interest Charges to your Account. Your Statement will show later take against that person. all transactions billed to your Account during the Billing Cycle Using a PIN. along with other important Account information. We may give you a personal identification number (PIN). For Disputed Transactions. security reasons, you might have to provide the PIN before you You must inspect each Statement you receive and tell us are able to complete some transactions using the Card. about any errors or questions you have as described in the "Billing Rights Summary" part of your Statement and With a PIN, you may use your Card to: (1) obtain cash other Truth in Lending Disclosures. If you do not notify us from certain automated teller machines (ATM) or (2) make as provided in those disclosures, we may assume that all purchases at certain merchant or retailer point -of -sale devices information in the Statement is correct. (POS). You may do these things if the ATM or POS requires entry of a PIN and displays the logo of the Payment Card If you dispute a transaction made by you or someone else on Network on your Card. We will treat all ATM transactions as your Account, and we later credit your Account for all or part Cash Advances and all POS transactions as purchases. of the disputed amount, you give us all of your rights against that other person. You also will: You should keep your PIN secure and not write it down, give it to anyone, or keep it with your Card. If you lose your Card (1) give us any merchandise or other purchases you received or believe that someone has gained unauthorized access to in connection with the disputed amount if we ask; your PIN, you must contact us immediately. (2) not pursue any claim or reimbursement from the merchant and that other person; and Authorized Users. (3) help us pursue and get reimbursement from the merchant You may ask us to add one or more Authorized Users and that other person; your help includes giving us with additional Cards on your Account. If we agree to documents that we ask for and that are acceptable to us. CA305 _CAA_Fed_Format_Jan2011.indd 4 1/21111 11:40 AM Interest Charges and Fees. Merchant Refunds. We will charge Interest Charges and Fees to your Account If you are entitled to a refund for goods or services purchased as disclosed to you in your Statements and other Truth in with your Card, you will accept these refunds as credits to Lending Disclosures. In general, Interest Charges begin to the purchase Segment of your Account. We do not control accrue from the day a transaction occurs. However, we will when a merchant sends us your refund. We will also have a not charge you interest on any new balances posted to the reasonable amount of time after we receive your refund to purchase Segment of your Account provided you have paid process it. your previous balance in full by the due date. We will treat the following Fees as purchase transactions Minimum Payment. unless otherwise specified below. These Fees apply to your Your Statement will provide instructions for making Account only if they are provided in your Truth in Lending payments, including the amounts due and the due date Disclosures. We may increase your Interest Charges and Fees for receiving your payment. If applicable, your Statement as described in the Changes to Your Agreement section or will also include a minimum payment amount. To avoid a in your Truth in Lending Disclosures. late payment Fee, you must pay us at least this minimum payment amount by the due date provided in the Statement. • Membership Fee. We may charge you this Fee as early as If you have agreed to incur Fees for going over your credit y our first Billing Cycle or the first Billing Cycle after this Fee limit, be aware that paying only the minimum payment becomes effective. If it is an annual Fee, we may then charge amount might not be enough to avoid an overlimit Fee. it approximately once per year. If it is a monthly Fee, we may charge it once in each Billing Cycle. This Fee is payable in In addition to the minimum payment, you may pay all or part advance even if you do not use your Account. of the total balances on your Account. However, you must still pay at least the minimum payment amount each month, • Late Payment Fee. We may charge you this Fee if we do not even if you paid greater than the minimum on the previous receive your payment in time for us to credit it by the due Statement. We will continue to charge Interest Charges date shown on your Statement. during Billing Cycles when you carry a balance regardless of whether your Statement includes a minimum payment • Overlimit Fee. If you agree, we may charge you this Fee that is due. If your Account is 180 days past due, part of a when a transaction causes you to go over or remain over any bankruptcy proceeding or otherwise charges off, the entire of your credit limits during any Billing Cycle. We may also balance is immediately due and payable. charge you two additional Fees if your balance remains over your credit limits as of the payment due date in future Billing Making Payments. Cycles. You will only pay one Fee per Billing Cycle, even if you Your payments must be in U.S. dollars from a U.S. deposit go over your limit multiple times in the same cycle. account and otherwise be acceptable to us. We do not accept cash payments through the mail. You may not make • Returned Payment Fee. We may charge you this Fee each time payments with funds from your Account or any other credit any payment you make to us is not paid by your financial account with us or any other company within the Capital One institution for any reason, even if that institution later pays it. organization. • Stop Payment Fee. We may charge you this Fee each time Mailed Payments. you request us to stop payment on an Access Check or you You must mail payments to us at the address provided on renew an existing stop payment order as provided in the your Statement or as otherwise instructed by us or our Stopping Payment of Access Checks section. agents. We will credit it to your Account on the day we receive it, if: • Copying Fee. We may charge you a per -page Fee for copies of transaction documents or Statements unless they are (1) you send the payment coupon included with your required in resolving a billing dispute. Statement in the same envelope with your payment; • Cash Advance Fee. We may charge you this Fee each time (2) you include your Account number on your payment; and you obtain a Cash Advance. This Fee will be treated as a Cash Advance transaction. (3) your payment arrives at the address indicated on the payment coupon in our processing center by the time • Transfer Fee. We may charge you this Fee each time you indicated on your Statement. obtain a Transfer. This Fee will be treated either as a Special Transfer or purchase transaction depending on the If your due date occurs on a day on which we do not receive Segment in which the Transfer posts. payments, any payment received the next day which conforms Transactions Made in Foreign Currencies. to the above requirements will not be treated as late. If you make a transaction in a foreign currency, the Payment Please allow at least 7 days for postal delivery. Unless we or Card Network will convert it into a U.S. dollar amount. our agents specifically instruct you to remit payment in a The Payment Card Network will use its currency conversion different manner, payments received at any other location procedures in effect when it processes the transaction. The or in any other form might not be credited for up to 5 days. conversion rate in effect on the processing date might differ This might cause you to be charged late payment Fees and from the rate in effect on the transaction or posting date. We additional Interest Charges. do not currently adjust the currency exchange rate or charge any additional currency conversion Fees. Faster Payment Services. We may make services available that allow you to make faster No Warranties. payments through a customer service representative using Except as otherwise provided in the "Billing Rights Summary" a telephone, the Internet or /other payment system. We will part of your Statements, we are not responsible for any claim describe the terms for using these services before you use you might have regarding the purchases of goods or services them. You do not have to use these other payment services, made with your Card. and we may charge you a Fee for using them. If we do, we CA305_CAA_Fed_Fortnat_Jan201Undd 5 1/21111 11:40 AM will tell you the amount of the Fee at the time you request (3) you exceed a credit limit; the service. We are not responsible if a payment made using (4) a bankruptcy or other insolvency proceeding is filed by or our payment services is rejected or not paid. Even if it is, we against you; may still keep the Fee. (5) you die or are legally declared incompetent or incapacitated; (6) we determine that you made a false, incomplete If you give your Account number or other Account or misleading statement on any of your Account information to someone else to make a payment for you, documentation, or you otherwise tried to defraud us; we may provide Account information to them and process (7) you do not comply with any term of this Agreement or their payment as if you made it. We may refuse to accept any other agreement with us; or any payment made by someone else for your Account. If we (8) you permanently reside outside the United States. accept a payment made by someone else for your Account, you will be responsible for the payment made even if that For certain actions, including changing the rates and Fees payment is rejected or not paid. on your Account, our options appear in our original offer materials when you opened your Account. Remember, paying Payment Processing. the Fees charged in connection with a default will not by itself We may accept and process payments without losing cure the default. In addition, if you are in default, we may take any of our rights. Even if we credit your payment to your the following actions without notifying you, unless the law Account, we may delay the availability of credit until we says that we must notify you: confirm that your payment has cleared. We may resubmit and electronically collect returned payments. We may also (1) close or suspend your Account; adjust your Account as necessary to correct errors, to process (2) lower your credit limits; returned and reversed payments, and to handle similar issues. (3) increase your minimum payment; (4) demand that you immediately pay the entire balances When you provide an Item as payment, you authorize us either owing on your Account (for example, as described in the to use information from your Item to make a one time electronic Minimum Payment section); fund transfer from your deposit account or to process the (5) continue to charge you Interest Charges and Fees as long payment as an Item. We will provide additional information as your balances remain outstanding; and /or about this process on your Statement or other documents we (6) pursue any other action against you that the law allows, send you before your payment. You may contact us and ask that which includes the filing of a lawsuit against you. we not process your future Items in this way. You must pay us all of our collection expenses, attorneys' fees When you provide an Item as payment, it might also be and court costs unless the law does not allow us to collect converted into an electronic image and collected and these amounts. returned electronically. These electronic images may also be converted to substitute checks. We will not be responsible if Communications. an Item you provide has physical features that when imaged We may contact you from time to time regarding your result in it not being processed as you intended. Account. We may contact you in any manner we choose unless the law says that we cannot. For example, we may: How We Apply Your Payments. We apply your minimum payments to lower Annual Percentage (1) contact you by mail, telephone, email, fax, recorded Rate balances before higher ones. We apply any portion of message, text message or personal visit; your payment, in excess of your minimum payment, to higher (2) contact you using an automated dialing or similar device Annual Percentage Rate balances before lower ones. ('Autodialer "); (3) contact you at your home and at your place of Items with Restrictive Words, Conditions or employment; Instructions. (4) contact you on your mobile telephone; All Items that have restrictive words, conditions, limitations or (5) contact you at any time, including weekends and holidays; special instructions added (including Items marked with the (6) contact you with any frequency; words "Paid in Full" or similar language) and all accompanying (7) leave prerecorded and other messages on your answering communications must be mailed to and received at: Capital machine /service and with others; and One, P.O. Box 30285, Salt Lake City, UT 84130 -0285. (8) identify ourselves, your relationship with us and our purpose If you make your payment or send any accompanying for contacting you even if others might hear or read it. communications to any other address, we may accept and process the payment without losing any of our rights. Our contacts with you about your Account are not unsolicited and might result from information we obtain from you or Credit Balances. others. We may monitor or record any conversation or other We may reject and return to you any payment that creates a communication with you. Unless the law says we cannot, credit balance on your Account. Any credit balance we allow we may modify or suppress caller ID and similar services and will not be available until we confirm that your payment has identify ourselves on these services in any manner we choose. cleared. We may reduce the amount of any credit balance by When you give us or we obtain your mobile telephone number, any new amounts billed to your Account. You may contact us we may contact you at this number using an Autodialer and as provided on your Statement and request a refund of any can also leave prerecorded and other messages. We may do available credit balance. If you contact us in writing, we will these things whether we contact you or you contact us. refund your credit balance within 7 Business Days from our receipt of your written request. If you ask us to discuss your Account with someone else, you must provide us with documents that we ask for and that are Account Default. acceptable to us. We may consider you in default of your Agreement with us if: Credit Reports. (1) you do not make any payment when it is due; We may provide information about you and the Account to (2) any payment you make is rejected, not paid or cannot be consumer (credit) reporting agencies and others as provided processed; in our Privacy Notices. Information we provide might appear CA305 _CAA_Fed_Format_Jan2011.indd 6 1/21111 11:40 AM on your and the Authorize Users' credit reports. This could allows. Otherwise, the applicable statute of limitations include negative information if you do not comply with the period for all provisions and purposes under this Agreement terms of this Agreement. We may obtain and use credit (including the right to collect debt) will be the longer period and income information about you from consumer (credit) provided by Virginia or the jurisdiction where you live. If any reporting agencies and others as the law allows. part of this Agreement is found to be unenforceable, the Closing or Suspending Your Account. remaining parts will remain in effect. You may ask us to close your Account by calling or writing us Waiver. as described on your Statement. Your Statement will provide We will not lose any of our rights if we delay taking any additional information about this process, and we may also action for any reason or if we do not notify you. For example, separately provide you with additional details after your we may waive your Interest Charges or Fees without notifying request. This might include payment information. If you use you and without losing our right to charge them in the your Card or charges post to your Account after you ask us to future. We may always enforce our rights later and may take close it, we may keep it open or reopen it. other actions not listed in this Agreement if the law allows them. You do not have to receive notice from us of any We may close or suspend your Account and your right to waiver, delay, demand or dishonor. We may proceed against obtain credit from us. We may do this at any time and for you before proceeding against someone else. any reason, permitted by law, even if you are not in default. A suspension of your Account might be permanent or temporary. Assignment. This greement will be binding on, and benefit, any of your If your Account is closed or suspended for any reason, you and our successors and assigns. must stop using your Card. You must also cancel all billing arrangements to the Account. We will not do this for you. You may not transfer your Account or your Agreement to If we close or permanently suspend your Account, you must someone else without our written permission. also destroy all Cards. You must still pay us all amounts you owe on the Account, even if they are charged after your We may transfer your Account and this Agreement to another Account is closed or suspended. company or person without your permission and without prior notice to you. They will take our place under this Agreement. Lost or Stolen Card. You must pay them and perform all of your obligations to You will take reasonable steps to prevent the unauthorized use them and not us. If you pay us after you are informed or learn of your Card and Account. If your Card is lost or stolen or if that we have transferred your Account or this Agreement, we someone else might be using it without your permission, you can handle your payment in any way we think is reasonable. must tell us at once. You may tell us by calling the telephone This includes returning the payment to you or forwarding the number on the back of your Card or on your Statement or payment to the other company or person. by writing us at the address on your Statement. You will not be responsible for charges made to your Account that are Glossary. found by us to be unauthorized. If we reimburse your Account for unauthorized charges made using your Card, you will -"Access Check" means any check we send to you to access help us investigate, pursue and get reimbursement from the your Account. We may also refer to an Access Check as a wrongdoer. Your help includes giving us documents that we "convenience check" or a "purchase check." ask for and that are acceptable to us. • "Account" means your Card Account with us. Changes to Your Agreement. At any time, we may add, delete or change any term of this -'Authorized User" means one or more persons who may use Agreement unless the law prohibits us from doing so. We will the Card but is not responsible for the repayment of the Account. give you notice of any changes as required by law. If we do notify you of changes, we will send you a separate notice or -"Balance Transfer" means a Transfer posted to the inform you on your Statement. We may send this notice to purchase Segment of your Account unless otherwise you electronically as permitted by law. Our notice will tell you described in your Truth in Lending Disclosures. when and how the changes will take effect and describe any rights you have in connection with the changes. -"Billing Cycle" means a period of time that might vary in length but is approximately 30 days. The specific period Your variable Annual Percentage Rates (if applicable) can go of time is described on each Statement. However, you will up or down as the index for the rate goes up or down. If we have a Billing Cycle even if a Statement is not required. increase your Interest Charges for any other reason we will We will often specify a Billing Cycle by the month in which notify you in writing. If we increase your Fees or other terms its closing date occurs as provided on the Statement. For of your Account we will notify you in writing and inform you example, a "March Billing Cycle" will have a closing date of your options in advance, including the right to opt out of in March. We may also refer to a Billing Cycle as a "Billing some of these changes. Period." If your Account balance has charged off, we may switch to quarterly Billing Cycles to your Account. We may increase your Interest Charges for new transactions and your Fees after the first year of the Account. Also, if your *"Business Day" means any day in which Capital One's payment is not received within 60 days after the payment offices are open for the processing of payments and credits. due date, we may increase your Interest Charges and Fees for existing balances and new transactions at any time. We may -"Card" means any Capital One credit Card associated with change any other terms of your Account at any time. your Account, which includes all renewals and substitutions. It also means any other access device for your Account we The Law that Applies to Your Agreement. give you that allows you to obtain credit, including any We make decisions to grant credit and issue you a Card from Account number and any Access Check. our offices in Virginia. This Agreement will be interpreted using Virginia law. Federal law will be used when it applies. -"Cash Advance" means using the Card to obtain loans in You waive any applicable statute of limitations as the law cash or things we consider cash equivalents. Cash equivalents CA305 _CAA_Fed_Format_Jan2011.indd 7 1/21/11 11:40 AM include wire transfers, travelers' checks, money orders, -"Statement" means a document or information we foreign currency, lottery tickets, gaming chips and wagers. provide to you showing Account information including, Cash Advances are posted to the Cash Advance Segment of among other things, transactions made to your Account your Account and not to your purchase Segment. during a Billing Cycle. We might also refer to your Statement as a "Periodic Statement" or a "Billing Statement." -"Fees" means charges imposed on your Account that are not based on the Annual Percentage Rates. -"Transfers" means balances transferred from other Accounts to this Account and includes Balance Transfers and -"Interest Charges" means any charges to your Account Special Transfers. based on the application of Annual Percentage Rates. *"Truth in Lending Disclosures" means any Account • "Item" means a check, draft, money order or other information we provide to you that is required by the negotiable instrument you use to pay your Account. This federal Truth in Lending Act and Regulation Z. These include includes any image of these instruments. This does not your application and solicitation disclosures, Account include an Access Check. opening disclosures, subsequent disclosures, Statements and change in terms notices. *"Payment Card 'Network" means Visa Inc., MasterCard International Incorporated, or any other network provider displayed on the Card. • "Segments" means the different parts of your Account © 2010 Capital One we may establish that are subject to unique pricing, grace Capital One is a federally registered service mark. periods or other terms. We create these parts of your All rights reserved. Account for such things as your purchases, Cash Advances and Special Transfers. • "Special Transfer" means a Transfer posted to the Special Transfer Segment of your Account and not to your purchase CapitajQFwze' Segment. 305 CA305 _CAA_Fed_Format_Jan2011.indd 8 1/21/11 11:40 AM Job Messages xerox J ddturner Document Name: Capital One, National Consumer Card.pdf % %[ ProductName: Xerox D125 Copier /Printer M % %[Page: 11 %% % %[Page: 21N % %[Page: 31 %% % %[Page: 41 %% % %[Page: 51 %% % %[Page: 61%% % %[Page: 71%% % %[Page: 81%% % %[LastPage1 %% 90.B4.22B.86 Job # 96978 DIRECTMERCHANTS BANK Account Statement HSBC Account Number 156 �'.::�- December 20, 2012 to January 20, 2013 Page 1 of t SUMMARY OF AC ACTIVITY PAYMENT INFORMATION Previous Balance $4,941.26 Credit Limit $4,600.00 New Balance $5,025.83 Payments - $0.00 Credit Available $0.00 Minimum Payment Due $1,011.00 Other Credits - $0.00 Cash Advance Limit V $1,150.00 Payment Due Date 02114/2013 Purchases /Debits + $0.00 Cash Advance Available $0.00 late Payment Warning: If we do not receive your minimum payment by the Cash Advances + $0.00 Statement Closing Date 0112012013 date listed above, you may have to pay a late fee of up to $35 and your APRs Past Due Amount $876.00 Days in Billing Cycle 31 may be increased up to the Penalty APR of 29.99 %. Fees Charged + $0.D0 Minimum Payment Warning: If you make only the minimum payment Interest Charged + $84.57 each period, you will pay more in interest and it will take you longer to pay New Balance $5,025.83 off your balance. For example: If you make no additional You will payoff the And you will end up charges using this card and balance shown on this paying an estimated each month you pay ... statement in about ... total of... Cash Advance Limit is a portion of Total Credit Limit Only the minimum payment 17 Years $10697.00 $187.00 3Years $6723.00 Savi s= $3974.00 If you would like information about credit counseling services, call 1-866 -569 -2227. Questions? Payment Address: Payment Center, PO Box 71105, Charlotte, NC 28272 -1105 Customer Service: 800379 -7999 Billing Inquiries: Cardmember Services, PO Box 6894, Carol Stream, IL 60197 -5894 Lost/Stolen Card: 800379 -7999 Manage Your account online at www.AccountCentralOnline.com Outside USA Collect: 904 - 997-4997 TDD /Hearing Impaired: 877. 902 -0967 IMPORTA INFORMATI TOTAL INTEREST CHARGES PAID IN 2012 $462.59 YOUR ACCOUNT IS CURRENTLY CLOSED. AS A REMINDER, YOU MAY PAY YOUR CREDITCARD BILL ONLINE OR THROUGH OUR AUTOMATED PHONE SYSTEM FOR NO FEE. The HEXAGON DESIGN® (AND VARIATIONS), HSBCO, THE WORLD'S LOCAL BANK®, HOUSEHOLD® (AND DESIGN) and HOUSEHOLD BANK40 Eareregistered trademarks of HSBC Holdings plc or HSBC Finance Corporation and are used by Capital One by permission. Capital One is the issuer of this account. @ TRA Trans Date Post Date Description of Transaction or Credit Reference Number Amount ._._.._- _ - Fees - - - -- - TOTAL FEESFORTHIS PERIOD $0.00 In Ch arged - - 1 --- - - - - -- -- 01/20 01Y20 Interest - Charge on — Purch - � $84.57 01/20 01/20 Interest Charge on Cash Advances $0.00 TOTAL INTEREST FOR THIS PERIOD $84.57 2013 Totals Year to Date Total Fees charged in 2013 $0.00 Total Interest charged in 2013 $84.57 INTERESTCHAROECALCULA Your Annual Percentage Rate (APR) is the annual interest rate on your account. — Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge Promotional Balance Purchase 19.99% (v) $4,982.06 $84.57 N/A Cash Advances 28.99% (v) $0.00 $0.00 N/A (v) = Variable Rate 5994 DOH 1 7 13 130120 0 E X PAGE 1 of 1 1 0 6800 1500 C359 OICU5994 DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT. SEE REVERSESIDE FOR IMPORTANT INFORMATION ........................................ ............................... "Your account is over the credit limit. Account Number: 156 HSBC : Please pay your total due of $1,011.00, New Balance 83 i which includes your Minimum Payment Minimum Payment Due $1,011.00 Due and any additional Over the Credit Payment Due Date 0 211 412 01 3 Limit and /or Past Due amounts. .- °.. ° °..— . ° -..... ...... Include account number on check to: Card Services Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. AMOUNT $ ❑ ❑ ❑ ❑ ❑ ❑ ❑ - ❑❑ ENCLOSED CHRISTOPHERM BOEHKE 904 510 BRAN DT AVE APT B NEW CUMBERLAND PA 17070 -1824 PAYMENTCENTER III" II" IIIIIIIIIIIIIIIIIII llllllll 'llll'I'lllllllllllll,l "II, PO BOX 71105 CHARLOTTENC 28272 -1105 1 111 'I'I "'I'l "I "'lll New Address or Phone NumbeR Please check the box and enter your new information on reverse side 156 What To Do it You Think You Find a Mistake on Your Statement Calculating the Balance Sub'ect to Interest Rate: For each transaction If you think there is an error on your statement, write to us on a separate category, we add all the Daily Balances for the billing cycle together and sheet of paper at the billing inquiries address listed on the front of this divide the total by the number of days in the billing cycle. This is the Average billing statement. Daily Balance (including new purchases) method. In your letter, give us the following information: Annual Percentage Rate: If your Account has a variable rate, your Annual • Account information: Your name and account number. Percentage Rate may vary. • Dollar amount The dollar amount of the suspected error. Penalty APR: Your APRs may increase to the Penalty APR if you fail to make • Description of Problem: If you think there is an error on your bill, describe a minimum payment to us when due. If your Account becomes subject to what you believe is wrong and why you believe it is a mistake. the Penalty APR, we will provide advance notice before the new Penalty APR You must contact uswithin 60 days afterthe error appeared on your statement. goes into effect. If you make the next six consecutive minimum payments You must notify us of any potential errors in writing. You may call us, but if once the Penalty APR goes into effect, your rates will return to the non - you do we are not required to investigate any potential errors and you may penalty APRs applicable to your Account. If you do not make these six have to pay the amount in question. consecutive minimum payments, we may keep the Penalty APR on your While we investigate whether or not there has been an error, the following Account indefinitely. are true: Foreign Transaction Fee: A 3% Foreign Transaction Fee will be assessed • We cannot try to collect the amount in question, or report you as on the U.S. dollar amount on transactions made in a foreign currency. delinquent on that amount. Card Renewal Annual Fee: An Annual Fee may apply to your Account. If • The charge in question may remain on your statement, and we may your Annual Fee is billed annually, you can avoid paying the fee if you call and determine close your Account within 30 days of being billed. You may continue to use continue to charge you interest on that amount. But, if a that we made a mistake, you will not have to pay the amount in question your Card during the day period without paying the fee. your fee is billed or any interest or other fees related to that amount. monthly, when you call 11 and close your Account due to the Annual Fee charge, • While you do not have to pay the amount in question, you are responsible that month's fee will be credited back to your Account. for the remainder of your balance. About Your Payment: You agree to pay at least the Minimum Payment Due • We can apply any unpaid amount against your credit limit. in time to be credited to your Account as of the Payment Due Date. You may Your Rights f You Are Dissatisfied With Your Credit Card Purchases pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. If you are dissatisfied with the goods or services that you have purchased Payments should be mailed with a single coupon to the payment address with your credit card, and you have tried in good faith to correct the problem shown on the front of this billing statement. Payments must be made by a with the merchant, you may have the right not to pay the remaining amount single check or money order payable in U.S. dollars and drawn on a U.S. due on the purchase. Institution. Payments may also be made using our optional payment by phone To use this right, all of the following must be true: or online services using the phone number or Web address listed on the front 1. The purchase must have been made in your home State or within 100 of this billing statement. Payments received on any day at the payment miles of your current mailing address, and the purchase price must have address shown on the front by 5:00 p.m. in the time zone of such payment been more than $50. (Note: Neither of these are necessary if your address will be credited to your Account as of the date of receipt. Payments purchase was based on an advertisement we mailed to you, or if we own submitted by phone or online by 5:00 p.m. Pacific Time will be credited to the company that sold you the goods or services.) your Account as of the date of receipt. All payments received after 5:00 p.m. 2. You must have used your credit card for the purchase. Purchases made of the time zone indicated will be credited the next day. A processing fee may with cash advances from an ATM or with a check that accesses your credit apply to agent assisted phone payments. Crediting payments to your Account card account do not qualify. may be delayed up to five days if the payment is not made as described 3. You must not yet have fully paid for the purchase. above, or, is not mailed to and received at the address provided for If all of the criteria above are met and you are still dissatisfied with the remittance; is not accompanied by the payment coupon; is received in an purchase, contact us in writing at the billing inquiries address on the envelope other than the envelope provided for remittance; is stapled, folded, front of this billing statement. or paper clipped; or includes multiple payment coupons or checks. Requests While we investigate, the same rules apply to the disputed amount as for credit balance refunds should be mailed to the inquiry address shown on discussed above. After we finish our investigation, we will tell you our the front of your billing statement. decision. At that point, if we think you owe an amount and you do not pay By sending us a check for payment on your Account, you authorize we may report you as delinquent. us to make a one time electronic funds transfer (EFT) from your bank How to Avoid Paying Interest on Purchases (Grace Periods on Credit account or to process the payment as a check transaction. When we Card Purchases): Periodic Interest Charges begin to accrue on the date of use information from your check to make an EFT, funds may be withdrawn the transaction and continue to accrue until your balance is paid in full. However, from Your account as soon as the same day we receive your payment, and if you pay your entire New Balance shown by the Payment Due Date in the you will not receive your check back from your financial institution. If you do previous month, you can pay your current month's New Balance by the Payment not want your checks to be converted to an EFT, please call customer service Due Date without being assessed an Interest Charge on your purchases. at the phone number on the back of your card. Paying Interest on Other Transactions (No Grace Period on other ran by Phone: When you use our optional payment by phone service, transactions): There is no Grace Period for other transactions including boe authorize us to initiate an electronic funds transfer from your designated cash advances, balance transfers, and credit card checks. Periodic Interest ank account or to process the payment as a check transaction. You must Charges begin to accrue on the date of the transaction, and continue to authorize the amount and timing of each payment. Please retain this accrue until payment in full is credited to your Account. authorization for your records. How We Calculate Interest Charges: We calculate the periodic Interest Hearing Impaired: If yyou are hearing impaired, call Telecommunications Charge on your Account by multiplying the applicable Daily Periodic Rate by Devices for the Deaf I D/ TTY) at the phone number listed on the front of the Average Daily Balance for each category of transactions shown on your this billing statement. billing statement (e.g., purchases, balance transfers, cash advances); the Negative Credit Bureau Reporting: We may report information about results are then multiplied by the number of days in the billing cycle. You your Account to credit bureaus. Late payments, missed payments, or other can determine your Daily Periodic Rate by dividing the APR by 365. defaults on your Account may be reflected in your credit report. If any Determining the Daily Balance: We take the beginning balance for each specific information related to your Account, transactions or credit category of transactions each day, add any new transactions, any previous experience with us is inaccurate, you may notify us and request us to correct day's periodic Interest Charges, any assessed fees and charges, and subtract the inaccurate information (after confirmation of the alleged error) reported any payments and/or credits. If your Account is subject to a grace period to any credit reporting agency by writing to us at P.O. Box 5253, Carol during the billing cycle, payments made during that cycle will be subtracted Stream, IL 60197 -5253. from all Daily Balances in the current cycle. If a transaction for a returned Debt Collection: We are required by law, if applicable, to notify you that we payment or a dispute resolved in our favor posts after the beginning of the are attempting to collect a debt, and any information obtained will be used billing cycle, the applicable Daily Balance(s) and any related Interest Charge for that purpose. calculations will be adjusted retroactively to include the transaction amount 01 CU5994 - 4 - 01/19/11 as of the date of the original transaction. 02010 Card Services Inc. To ensure accuracy, please print neatly using uppercase letters and numbers only! If you've filled in a new address and/or phone number, be sure to check the box on the reverse side of this payment coupon. Change of address form. Street Number (it any) Street Name or the vrords "PO Box" II 'mm'ff Unit or PO Box Number ❑�❑M ❑�❑❑ =�❑❑❑ED EVIm❑❑ city State Zip ❑❑ ❑0❑ ❑ ❑❑❑ ❑ ❑ ❑ ❑❑ ❑ ❑00❑❑ M ❑❑ Emall Address Home Phone (Primary) Work Phone (Primary) 1:11 0011❑ - ❑ ❑m ❑❑❑ /❑❑❑ - �1 ❑ EFT ] M obil e Pho W ork P hone d ❑ / 0000❑ - 0000 ❑❑❑ / ❑ ❑ ❑ ❑ — L EFTI SHERIFF'S OFFICE OF CUMBERLANQICOU COUNTY. L._v !',, I i'u Ronny R Anderson 7 TIT' PRO T H ?N T' R Sheriff Jody S Smith �. .°4t ZE''!I MAR 12 PM 2: 2 Chief Deputy `ti CUMBERLAND CCU r T Y Richard W Stewart #' `` PENNSYLVANIA Solicitor 3FFr _ ThF w r IFr Portfolio Recovery Associates, LLC vs. Case Number Christopher M Boehke 2014-1103 SHERIFF'S RETURN OF SERVICE 03/03/2014 01:03 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint & Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Christopher M Boehke at 510 Brandt Ave.Apt. B, New Cumberland Borough, New Cumberland, PA 17070. cor ,,. � //-3/ BRIAN GRZY:e , I � TY SHERIFF COST: $47.21 SO ANSWERS, g. 'XI:1 March 05, 2014 RONNV ANDERSON, SHERIFF