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Home My WebLink About11-7474Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC r• ^- fi 140 Corporate Blvd. ( ` r Norfolk, VA 23502 0TH0N0TAR TELE: 1-866-428-8102 FAX: 757-518-0860 P 50 AN 10: 1' Attorneys for Plaintiff PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. 11_? U ., r , ? lV 1 Norfolk, VA 23502 No. Plaintiff V. FAYE HIPPLE 318 ERFORD RD CAMP HILL PA 17011 Defendant NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action withing twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by an attorney, an 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 Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 This communication is from a debt collector and is an attempt to collect a debt. Q O l O t Any information obtained will be used for that purpose. C t qil ?53aS Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 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 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. V. FAYE HIPPLE 318 ERFORD RD CAMP HILL PA 17011 Defendant 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 esate 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 AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 This communication is from a debt collector and is <m attempt to collect a 46t_ Anv information obtained 'will be used for that purpose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 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 140 Corporate Blvd. ; Norfolk, VA 23502 Plaintiff No. V. FAYE HIPPLE 318 ERFORD RD CAMP HILL PA 17011 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. Defendant FAYE HIPPLE, is an adult individual with last known address of 318 ERFORD RD, CAMP HILL PA 17011. 3. It is averred that Defendant was indebted to GE MONEY BANK, F.S.B. / JC PENNEY on August 1, 2004 with account number ************2667 (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. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. This communication is from a debt collector attd is an ancailit I.o collect a debt. , iiy infortrtation obtained will be used for that l:)uri.>ose:, 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 September 28, 2009. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK, F.S.B. / JC PENNEY and Plaintiff is now the holder of the Account. A true and correct copy of the affidavit 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 $1,933.08. 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, FAYE HIPPLE, in the amount of $1,933.08, plus costs of this action and any other relief as the Court deems just and reasonab U(4- Robert N. Polas Jr., Esquire # 201259 ?-- Carrie A. Brown, Esquire # 94055 11-00123 This communication is ion) a debt collector and is an attempt to collect a debt. Anv information obtained will be used For that purpose., VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, rdStina Patterson 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. Date : SEP 0 9 2011 11-00123 B L-C &Cdstina Patterson Custodian of Records This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. EXHIBIT A PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************2667 FAYE HIPPLE Account Holder: FAYE HIPPLE 318 ERFORD RD CAMP HILL PA 17011 Consumer Account Product Code: PVT Issuer: GE MONEY BANK, F.S.B. / JC PENNEY Assignee: Portfolio Recovery Associates, LLC Account Number: ************2667 Date Account Opened: August 1, 2004 Date of Last Payment: September 28, 2009 Date of Charge Off: January 7, 2010 Balance at Purchase: $1,933.08 Purchase Date: August 26, 2010 Balance at Charge-Off: $1,933.08 Less Payments: $.00 Balance Due: $1,933.08 11-00123 GECI95 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AFFIDAVIT State of Virginia City of Norfolk ss. I, the undersigned, Cristina Patterson depose, affirm and state as follows: Custodian of Records, for Portfolio Recovery Associates, LLC hereby I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's records, including a review of the business records transferred to Account Assignee from GE MONEY BANK, F.S.B. / JC PENNEY ("Account Seller"), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on August 26, 2010. Further, the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from FAYE HIPPLE ("Debtor") to the Account Seller the sum of $1,933.08 with the respect to account number (************2667), as of January 7, 2010 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $1,933.08 as due and owing as of the date of this affidavit. P polio Jery.As tes, LLC By: Cristina Patterson , Custodian of Records Subscribed and sworn to before me on of , 201A Nota ublic 11-00123 This collumraaik"atior is frotn a debt collector and is an attempt to collect a deb€'. Ana int«rmation obtained will be used for that purpose. i 0 0 GE Money Bank BILL of SALE PRA 120-day Mid P e..- August 2010 For value received and in finther consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement"), dated the 27th day of April 2010 by and between General Electric Capital Corporation, a Delaware corporation, GE Money Bank, a federal savings bank, and Retailer Credit Services Inc, a Delaware corporation (collectively "Seller") and Portfolio Recovery Associates, LLC ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on August 19, 2010, and as further described in the Agreement. GE Money Bank By:-?-- Title: CFO Retailer Credit Services Inc By: _ Title: President General Electric Capital Corporation By Title: Vice President i • 0 GE Money Bank BILL of SALE PRA 120-day Mid Prime - Aumt 2010 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement (the "Agreement"), dated the 27th day of April 2010 by and between General Electric Capital Corporation, a Delaware corporation, GE Money Bank, a federal savings bank, and Retailer Credit Services Inc, a Delaware corporation (collectively "Seller") and Portfolio Recovery Associates, LLC ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on August 19, 2010, and as further described in the Agreement. GE Money Bank By: Title: CFO Retailer Credit Services Inc By. Title: President General Electric Capi orporation By. Title: 4Presi t Michael J. Pykosh, Esquire .. lJ t6i' ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 = I[G( gi 7 f Telephone - (717) 975-9446 - F' NN S Y LVA '? IA Fax - (717) 975-2309 mp kkosh_d'',dpIglaw.coin Attorney for Defendant PORTFOLIO RECOVERY : COURT OF COMMON PLEAS ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. FAYE A. RIPPLE, Defendant No: 11-7474 - Civil Term NOTICE TO PLEAD To: Portfolio Recovery Associates, LLC c/o Robert N. Polas, Jr., Esquire Carrie Brown, Esquire 140 Corporate Blvd. Norfolk, VA 23502 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Date: f (?' Respectfully bmitted Michael J.Rykosh, Esquire I.D. # 58,951 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant, Faye A. Hipple Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykosh c dplglaw.com Attorney for Defendant PORTFOLIO RECOVERY : COURT OF COMMON PLEAS ASSOCIATES, LLC, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. FAYE A. HIPPLE, Defendant No: 11-7474 - Civil Term DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Faye A. Hipple, by and through her attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files his Preliminary Objections to the Plaintiff's Complaint, and avers as follows: Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by GE Money Bank, F.S.B. / JC Penny Comp. ¶ 1 and 3. 2. The Complaint was filed on September 30, 2011. First Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (failure to state whether agreements is oral or written, state its terms, and/or attach written contract upon which the claim is based) 3. The Complaint avers the existence of some type of credit account between the Defendant and an original creditor. 4. Pursuant to Pa. R.C.P. 1019(h), where a claim asserted is based upon an agreement, the pleading must state whether the agreement is oral or written. 5. The Complaint does not indicate whether the agreement is oral or written. 6. Pursuant to Pa. R.C.P. 1019(i), if the agreement is written, it must be attached to the pleading or, if not, the pleader must explain its absence and set forth the substance of the agreement. More specifically, Plaintiff has failed to attach the original Loan/Credit Agreement signed and dated, including both original and amended terms and conditions applicable to the credit card agreement. Asset Acceptance, LLC v Margaret Madden Order dated March 18, 2009, No. 2912 of 2008 GD (Fayette County 2009) citing Atlantic Credit & Finance, Inc. v Guiliana, 829 A.2d 340 (Pa. Super. 2003). Plaintiff has also failed to attach "other periodic mailings detailing changes to the terms of the contract Remit Corporation v Miller, 5 Pa. D&C 5th 43, 45 (Centre Cty., 2008) 7. The Plaintiff has failed to describe the terms of the agreement, nor has it attached a copy of a written agreement or explained its absence. Second Preliminary Objection- Pa. R.C.P. No. 1028(a)(4)- Demurrer 8. The Plaintiff has failed to allege facts sufficient to maintain a cause of action for Breach of Contract. Third Preliminary Objection- Pa. R.C.P. No. 1028(a)(3) 9. The Complaint contains only a general assertion of the amount the Plaintiff claims is owed by the Defendant. It provided no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrual and amounts of interest charges and other fees. 10. Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in a Complaint of this type. 11. By not including the requisite detail of the account, the Complaint fails to conform to an express rule of Court. Fourth Preliminary Objection- Pa. R.C.P. 1028(a)(5) Plaintiff is stranger to Defendant 12. Pa. R.C.P. 2002(a) required that an action be brought by the real party in interest. 13. By failing to attach a copy of the necessary writing by which the Plaintiff would become the assignee of the account and thus the real party in interest or an agency agreement, the Plaintiff has failed to conform with the requirements of the aforesaid rule. 14. Plaintiff has not shown standing or capacity to sue Defendant. 15. Since this matter was not brought by the real party in interest it must be dismissed. Fifth Preliminary Objection- Pa.R.C.P. No. 1028(a)(2)-Failure to conform to rule of court (failure to attach written assignments of debt) 16. The Plaintiff is not the original creditor, but rather assignee of the original creditor. Comp. ¶ 1 and 8. Since the Plaintiff's right to maintain an action as an assignee is predicted upon written assignment or agency agreement, that writing must be attached to the Complaint, pursuant to Pa. R.C.P. 1019(i). 17. By failing to attach a. copy of the assignment of the debt to the Plaintiff, the Complaint does not comply with an express rule of court, in violation of Pa. R.C.P. 1028(a)(2). See Remit Corporation v Miller 5 Pa. D&C 5th 43 and Capital One Bank v. Clevenstine, 7 Pa. D&C 5th 153. WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiffs Complaint be dismissed with prejudice. Respectfull Submitted, Date: M chael J. Pykosh, Esquire I.D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 (717)975-9446 Michael J. Pykosh, Esquire I D # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpvkosh(d',dpl¢law,com Attorney for Defendant PORTFOLIO RECOVERY : COURT OF COMMON PLEAS ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-7474 -Civil Term FAYE A. HIPPLE, Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant, Faye A. Hipple's, Preliminary Objections to Plaintiffs Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Portfolio Recovery Associates, LLC c/o Robert N. Polas, Jr., Esquire Carrie Brown, Esquire 140 Corporate Blvd. Norfolk, VA 23502 Respectfully Submitted, _14// Date: Mi ael J. y c squire I.D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant { Carrie A. Brown, Esquire PA Bar #:94055 "- Robert N. Polas, Jr, Esquire PA Bar #: 201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 Cut 11,. TELE: 1-866-428-4102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd Norfolk, VA 23502 Plaintiff V. FAYE A. HIPPLE Defendant No. 11-7474 - CIVIL TERM PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, TO WIT, this day of D??r , 2011, comes the Plaintiff, Portfolio Recovery Associates, LLC, by and through its attorneys, and files the following Response to Preliminary Objections as a statement herein: Admitted 2. Admitted Denied. The allegations contained in Paragraph 3 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit "A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 4. Denied. The allegations contained in Paragraph 4 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit "A", which contains the Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 5. Denied. The allegations contained in Paragraph 5 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit "A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 6. Denied. The allegations contained in Paragraph 6 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit "A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 7. Denied. The allegations contained in Paragraph 7 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit "A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 8. Denied. The allegations contained in Paragraph 8 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit "A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 9. Denied. The allegations contained in Paragraph 9 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit "A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 10. Denied. The allegations contained in Paragraph 10 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit "A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 11. Denied. The allegations contained in Paragraph 11 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit "A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 12. Denied. The allegations contained in Paragraph 12 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit "A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 13. Denied. The allegations contained in Paragraph 13 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit "A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 14. Denied. The allegations contained in Paragraph 14 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit "A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 15. Denied. The allegations contained in Paragraph 15 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit "A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 16. Denied. The allegations contained in Paragraph 16 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit "A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 17. Denied. The allegations contained in Paragraph 17 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit "A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's Preliminary Objections with prejudice, and deny the relief requested therein. Respectfully submitted, J Carrie A. Brown, Esquire #94055 Robert N. Polas Jr., Esquire #201259 Attorneys for Plaintiff VERIFICATION The undersigned hereby states that he/she is the attorney for the Plaintiff, Portfolio Recovery Associates, LLC, who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, 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 Response to Preliminary Objections 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. Date: By: Carrie A. Brown, Esquire #94055 Robert N. Polas Jr., Esquire #201259 Carrie A. Brown, Esquire PA Bar #:94055 Robert N. Polas, Jr, Esquire PA Bar #: 201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-4102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY 140 Corporate Blvd Norfolk, VA 23502 V. FAYE A. HIPPLE ASSOCIATES, LLC Plaintiff Defendant . No. 11-7474 - CIVIL TERM CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing Response to Preliminary Objections was served upon the Counsel for Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of N0yeM_bey_-_'2011,to: Michael J. Pykosh, Esq 2132 Market Street Camp Hill, PA 17011 Respectfully Submitted, r r Carrie A. Brown, Esquire #94055 Robert N. Polas Jr., Esquire #201259 By: ct, f PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) ---------------------------------—---------------------------------------—-------------------------------------- CAPTION OF CASE w (entire caption must be stated in full) 3� =-n rmco q• PORTFOLIO RECOVERY ASSCIAITES, LLC vs. 7< -p 4-n 3~' c FAYE HIPPLE —C_- No 7474 2011 -t 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint,etc.): PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINATION OBJECTIONS 2. Identify all counsel who will argue cases: (a) for plaintiffs: ROBERT N. POLAS, JR, ESQ. 120 CORPORATE BLVD NORFOLK, VA 23502 (Name and Address) (b) for defendants: MICHAEL J. PYKOSH, ESQ, 2132 MARKET ST. CAMP HILL, PA 17011 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: MAY 10,2013 Sig ature N, o<f, -1 Print your name PLAINTIFF Date: �, Attorney for L INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)after the case is rellsted. 0 jsjq j 1 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. 11-7474 CIVIL V. FAYE RIPPLE 318 Erford Rd. Camp Hill,PA 17011 Defendant PRAECIPE FOR ARGUMENT TO THE PROTHONOTARY OF SAID COURT: Kindly place this case on the next argument list. This case is to be tried by and notices sent to the following: (List names, addresses, telephone numbers, facsimile numbers and email addresses) Michael J. Pykosh, Esq. Carrie A. Brown, Esquire, ID # 94055 2132 Market St. Robert N. Polas,Jr., Esquire, ID# 201259 Camp Hill, PA 17011 Portfolio Recovery Associates, LLC T 717-975-9446 120 Corporate Blvd F 717-975-2309 Norfolk, VA 23502 1-866-428-8102 Fax: 757-518-0860 Estimated Time for Hearing: 30 minutes Date: Lf I (- Carrie A.Brown,Esquire#94055 Robert N.Polas,Jr.,#201259 /� Attorneys for Plaintiff 11-00123 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. 11-7474 CIVIL V. FAYE RIPPLE 318 Erford Rd. Camp Hill, PA 17011 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe for Argument upon Counsel for the Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on this 16 day of 1 , 2013 ,to: Michael J. Pykosh, Esq. 2132 Market St Camp Hill, PA 17011 Date: a_j Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorney for Plaintiff I I-00123 PORTFOLIO RECOVERY ASSOCIATES, LLC, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. FAYE A. HIPPLE, DEFENDANT NO. 11-7474 CIVIL IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE EBERT, J., MASLAND, J. AND PECK, J. ORDER OF COURT AND NOW, this 10t" day of May, 2013, upon consideration of Defendant's Preliminary Objections to Plaintiff's Complaint, the Plaintiff's response thereto and the Parties having requested that the matter be decided on the briefs filed by the Parties, IT IS HEREBY ORDERED AND DIRECTED that Defendant's First, Second, Third and Fifth Preliminary Objections are SUSTAINED. Defendant's Fourth Preliminary Objection is OVERRULED. The Plaintiff shall be granted 60 days from the date of this Order to file an Amended Complaint. By the Court, M. L. Ebert, Jr., k J. -I- Carrie A. Brown, Esquire Robert N. Polas, Jr., Esquire Attorneys for Plaintiff - Michael J. Pykosh, Esquire - Attorney for Defendant rnco � bas --tom ' QO M` C-)I t LL c: 9 r i . .f Os1U Carrie A.Brown,Esquire PA Bar#:94055 OF ME nci Robert N.Polas,Jr,Esquire PA Bar#: 201259 N1111: lk v Portfolio Recovery Associates,LLC '?J\'3 30 1 3 120 Corporate Blvd. OU ' Norfolk,VA 23502 CU 3ER .AtL TELE: 1-866-428-4102 t'E.�`I a`f 1-V Nil 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. 11-7474—CIVIL TERM v. • • FAYE A. HIPPLE • Defendant AMENDED COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability s Company with offices located at 120 Corporate Blvd.Norfolk, Va 23502. 2. Defendant, Faye Hipple, is an adult individual with a last known address of 318 Erford Road, Camp Hill, PA 17011. 3. It is averred that Defendant was indebted to GE Money Bank, F.S.B / JC Penney on August 1, 2004 with account number ************2667 (hereafter referred to as"Account"). 4. By using the Account, Defendant agreed to pay the balance made to the Account and agreed to abide by the written terms and conditions governing said Account. A copy of the Terms and Conditions is attached hereto and collectively marked as Exhibit"A". 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 6. Defendant was provided with copies of the Statements of Account showing debits and credits for transactions on the aforementioned Account to which there was no bona fide objection by Defendant. A copy of the Statements of Account is attached hereto and collectively marked as Exhibit"A". 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 September 28, 2009. 8. Plaintiff is the purchaser, assignee and/or successor in interest to GE Money Bank, F.S.B / JC Penney and Plaintiff is now the holder of the Account. A true and correct copy of the load data and bill of sale is attached hereto and collectively marked as Exhibit"A". 9. As of the date of the 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 the sum of$1,933.08. 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. This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. COUNT 1 —Breach of Contract 12. Portfolio Recovery Associates, LLC incorporates the averments of paragraph's 1 through 11. 13. Defendant failed to make the minimum payment specific on the statements. 14. By reason of the foregoing, Defendant breached the Agreement with Plaintiff's assignor. 15. As a result of the breach, Defendant is liable to Plaintiff for the sum of$1,933.08. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of Plaintiff and against Defendant, in the amount of$1,933.08, plus costs of this action and any other relief as the Court deems just and reasonable. COUNT 2—Account Stated (In the alternative to Counts 1 and 3) 16. Portfolio Recovery Associates, LLC incorporates the averments of paragraph's 1 through 16. 17. Defendant used the card to charge various items to the Account for which payment was never made. Plaintiff's assignor kept accurate records of all debits and credits to the account for the billing period. 18. Defendant had, for many months, made payments on the account of the billing statements or retained the statements without payment. 19. Defendant's actions as set forth above constitutes an account stated between the parties for the sum of$1,933.08 which sum reflects the balance, less credits, if any, which were applied prior to the date of this complaint. This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of Plaintiff and against Defendant, in the amount of$1,933.08, plus costs of this action and any other relief as the Court deems just and reasonable. COUNT 3—Unjust Enrichment (In the alternative to Counts 1 and 2) 21. Portfolio Recovery Associates, LLC incorporates the averments of paragraph's 1 through 20. 22. As a result of the foregoing, Defendant received the benefit of Plaintiffs assignor extension of credit in the amount of$1,933.08 without paying for same. 23. Defendant was aware of, apprehended and appreciated Plaintiff's assignor's provision of credit by reason of Defendant having made payments on the account after Defendant opened the account. 24. The reasonable value of the credit Plaintiffs assignor provided Defendant is the sum of$1,933.08. 25. Plaintiff believes and avers if the relief requested herein is not granted, Defendant will be unjustly enriched at Plaintiffs expense. WHEREFORE,Plaintiff respectfully requests this Honorable Court enter Judgment in favor of Plaintiff and against Defendant, in the amount of$1,933.08, plus costs of this action and any other relief as the Court deems just and reasonable. Carrie A. Brown, Esquire #94055 Robert N. Polas Jr., Esquire#201259 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Carrie A.Brown,Esquire PA Bar#:94055 Robert N.Polas,Jr,Esquire PA Bar#:201259 Portfolio Recovery Associates,LLC • 140 Corporate Blvd. Norfolk,VA 23502 TELE: 1-866-428-4102 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. 11-7474—CIVIL TERM v. FAYE A. HIPPLE • 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 within 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 for 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. Cumberland County Bar Association 32 South Bedford Street Carlisle Pennsylvania T: 249-3166 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. F: (814) 444-0331 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. 11-7474—CIVIL TERM v. . FAYE A. NIPPLE • Defendant 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 objeciones 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 reclamado 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 ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle Pennsylvania T: 249-3166 • This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION—LAW PORTFOLIO RECOVERY ASSOCIATES,LLC . 120 Corporate Blvd Norfolk, VA 23502 • Plaintiff No. 11-7474—CIVIL TERM v. • FAYE A. HIPPLE . Defendant .• CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Amended Complaint upon Counsel for Defendant, Counsel by First Class Mail, Postage Pre-Paid, a copy thereof on this \ day of 6 to:, 0 ,pY \ Y Michael J. Pykosh, Esq 2132 Market Street Camp Hill, PA 17011 Al 1---A. III By: Carrie , . Brown,Esquire#94055 / Robert N. Polas Jr., Esquire#201259 This communication 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, hereby states that she/he is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Amended 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. JUN.0.5 2013 G�d„,,,,,.)• a14-- Date: By: Custodian of Records This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Exhibit 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. • JCPENNEY 833282333_11 T&C PLCC PDF THE JCPENNEY CREDIT CARD PRICING INFORMATION As of 12/31/09 ANNUAL PERCENTAGE RATE(APR) FOR PURCHASES The Periodic Rate for your Account is the Standard Rate, unless the Delinquency Rate applies as described below.The Standard Rate for a billing period is .06573% (ANNUAL PERCENTAGE RATE 23.99%). DELINQUENCY APR The Delinquency Rate is .07395% (ANNUAL PERCENTAGE RATE 26.99%). If you do not make your required Minimum Payment by the Payment Due Date two times in any six consecutive billing periods,the next Statement you receive will reflect the Delinquency Rate(rather than the Standard Rate)that will apply to all existing balances on your Account and all new transactions beginning with the first day of the billing period reflected on that Statement. Once the Delinquency Rate applies,if you make any required Minimum Payment by the Payment Due Date in six consecutive billing periods,the next Statement you receive will reflect the Standard Rate(rather than the Delinquency Rate)that will apply to all existing balances on your Account and all new transactions beginning with the first day of the billing period reflected on that Statement. GRACE PERIOD FOR REPAYMENT OF THE BALANCE FOR PURCHASES At least 23 days if you pay your balance in full each month; otherwise, none. METHOD OF COMPUTING THE BALANCE FOR PURCHASES Daily Balance(including new purchases)* MINIMUM FINANCE CHARGE $1.00 Late Payment Fee:The Late Payment Fee will be$15 for a balance of$0.00 to$49.99;$29.00 for a balance of$50.00 to$249.99; $39.00 for a balance of$250.00 or more. Returned Check Fee: $29.00 * METHOD OF COMPUTING THE BALANCE SUBJECT TO FINANCE CHARGE. The Balance subject to Finance Charge is calculated separately for Regular Charges and Major Purchase Charges. The Balance subject to Finance Charge is the Daily Balance of the Account. However,there is no Balance subject to Finance Charge for a billing period if there is no Previous Balance on your Account for that billing period or the sum of your payments and credits on your Account received during the billing period is at least equal to the Previous Balance. To determine the Balance subject to Finance Charge, we take the prior day's Balance of your Account, which includes any unpaid Finance Charges, and add any new Purchases, and other debits for that day and subtract any payments and other credits applied that day. Each day,we also add any Finance Charges and fees assessed that day on your Account. Insurance premiums, if any,are not included.This gives us the"Daily Balance" of the Account. Any Daily Balance of less than zero will be treated as zero. THE JCPENNEY CARD CREDIT CARD AGREEMENT RETAIL INSTALMENT CREDIT AGREEMENT Nonnegotiable Consumer Note 1.GENERAL.This Agreement("Agreement")governs your JCPenney credit card account("Account").In this Agreement and your billing statement("Statement"), "Bank","we","us",and"our"mean GE Money Bank, 170 Election Drive,Suite 125,Draper,UT 84020;"you"and"your"mean all persons who we approve to use the Account;and"Card"means your JCPenney Credit Card.The effective date of this Agreement("Effective Date")will be the earlier of(i)the date you submit an Account application that is approved by us,or(ii)the first date that you or someone authorized by you uses the Account(in NY,the first date that you or someone authorized by you signs a sales slip or memorandum indicating a Purchase(as defined herein)on the Account). 2.USE OF ACCOUNT.You may use your Card or Account to purchase goods or services(including mail,internet,catalog and phone orders,if any)at JCPenney or other companies authorized to accept the Card("Purchases")up to any credit limit("Credit Limit")we may establish.We reserve the right to decline to authorize any transaction on your Account,or change the Credit Limit at any time.You may use your Card and Account only for personal,family or household purposes.Your Card and Account must only be used for lawful transactions. 3.TYPES OF CHARGES.There are two types of Purchases under your Account:Regular Charges and Major Purchase Charges.Merchandise that is identified as a Major Purchase Charge item can be charged to your Account as a Major Purchase Charge(all other charges are Regular Charges).At any time after your Account is opened,subject to our right to terminate or change the terms of your Account as provided in this Agreement,if you have sufficient available credit,you may make a Regular Charge or you may make a Major Purchase Charge.The way we calculate the Minimum Payment is different for each of these Charges.The other terms and conditions in this Agreement will apply to both Charges. 4.PROMISE TO PAY.You promise to pay us for all credit that we extend on your Account for Purchases and all other amounts owed to us under the terms of this Agreement. 5.FINANCE CHARGES. A.The Finance Charge for a billing period is calculated by applying the applicable daily Periodic Rate to the Account Balance subject to Finance Charge for each day in the billing period and adding together all of those daily Finance Charge amounts.There is a minimum FINANCE CHARGE of$1.00 for a billing period in which a Finance Charge is assessed. B.The Periodic Rate for your Account is the Standard Rate,unless the Delinquency Rate applies as described below.The Standard Rate for a billing period is.06573% (ANNUAL PERCENTAGE RATE 23.99%). C.If you do not make your required Minimum Payment by the Payment Due Date two times in any six consecutive billing periods,the next Statement you receive will reflect the Delinquency Rate(rather than the Standard Rate)that will apply to all existing balances on your Account and all new transactions beginning with the first day of the billing period reflected on that Statement.The Delinquency Rate is.07395% (ANNUAL PERCENTAGE RATE 26.99%).Once the Delinquency Rate applies,if you make any required Minimum Payment by the Payment Due Date in six consecutive billing periods, the next Statement you receive will reflect the Standard Rate(rather than the Delinquency Rate)that will apply to all existing balances on your Account and all new transactions beginning with the first day of the billing period reflected on that Statement. 6. BALANCE SUBJECT TO FINANCE CHARGE. The Balance subject to Finance Charge is calculated separately for Regular Charges and Major Purchase Charges. The Balance subject to Finance Charge is the Daily Balance of the Account.However,there is no Balance subject to Finance Charge for a billing period if there is no Previous Balance on your Account for that billing period or the sum of your payments and credits on your Account received during the billing period is at least equal to the Previous Balance.To determine the Balance subject to Finance Charge,we take the prior day's Balance of your Account,which includes any unpaid Finance Charges,and add any new Purchases,and other debits for that day and subtract any payments and other credits applied that day.Each day,we also add any Finance Charges and fees assessed that day on your Account. Insurance premiums, if any,are not included.This gives us the"Daily Balance"of the Account.Any Daily Balance of less than zero will be treated as zero. 7.WHEN FINANCE CHARGES BEGIN TO ACCRUE.If there is no Previous Balance for the billing period or the sum of your payments and credits for the billing period is at least equal to the Previous Balance,new Purchases and other charges in that billing period will begin to accrue a Finance Charge as of the first day of the next billing period if a Finance Charge is imposed in the next billing period. If there is a Previous Balance for the billing period and the sum of your payments and credits for the billing period is not at least equal to the Previous Balance,new Purchases and other charges in that billing period will begin to accrue a Finance Charge from the later of the date of the transaction or the first day of the billing period in which the transaction is posted to your Account. 8.PAYMENTS. A.You must pay at least the Minimum Payment on your Statement by the Payment Due Date shown on the Statement.You may pay more than the Minimum Payment at any time. If you have a Balance subject to Finance Charge,earlier payment may reduce the amount of Finance Charges you will pay. Your Minimum Payment will not be less than the total of any unpaid Finance Charges and insurance premiums due.The Minimum Payment will be initially the sum of the minimum payment for the Regular Charge balance and the Major Purchase Charge balance calculated as follows: i. Your Minimum Payment for Regular Charge balances is equal to the greater of$15 or 5%of the total of the Regular Charge balance(rounded down to the whole dollar);however,when the Regular Charge balance is less than$15,you must pay us that Regular Charge balance. ii. If you have a Major Purchase Charge balance,you agree to pay at least a fixed Minimum Payment each month.The fixed Minimum Payment is as follows and is based on your highest Major Purchase Charge balance since your Major Purchase Charge balance was zero:if such balance is up to and including$600,your fixed Minimum Payment is$15;and over$600,your fixed Minimum Payment is 2.5%of such balance rounded down to the whole dollar.However,when your fixed Minimum Payment is greater than your Major Purchase Charge balance,your Minimum Payment on your Major Purchase Charge balance will be equal to your Major Purchase Charge balance. In addition,each Minimum Payment calculated under subsections i.and ii.above will include any credit insurance premiums. If,during any four month period immediately following a billing period in which a late fee is assessed,you pay at least the Minimum Payment each month but the total of your payments does not at least equal the sum of the Finance Charges billed on your Statement each month,plus 1%of your New Balance each month,plus the particular late fee that was assessed in the billing period before the four month period,your Minimum Payment will be changed for future months to equal the greater of(x)the Minimum Payment calculation set forth above,or(y)the sum of 1%of your New Balance plus Finance Charges and late fees billed on your Statement.In each case,your Minimum Payment will also include any past due amounts. B.All written communications concerning disputed amounts, including any check or other payment instrument that(i)indicates that the payment constitutes"payment in full"or is tendered as full satisfaction of a disputed amount,or(ii)is tendered with other conditions or limitations("Disputed Payments"),must be mailed or delivered to us at the address for billing inquiries shown on the Statement,not the Payment Address. C.All payments,except Disputed Payments or as provided in Paragraph 8E below,must be mailed or delivered to us at the address shown on your Statement (the"Payment Address").Any payments received after 5:00 p.m.Eastern on any business day,or on any day other than a business day,will be credited on the next business day.We may also offer services in which you may pay your bill by telephone("Pay by Phone")or through the Internet.We may charge fees for these services.Our customer service representatives are instructed to tell you and our automated systems are programmed to advise you about any fees for Pay by Phone services and any fee for making an online payment will be disclosed to you online.Credit to your Account may be delayed up to five days if payment is(a)not received at the Payment Address,(b)not made in U.S.dollars drawn on a U.S.financial institution located in the U.S.,or (c)not accompanied by your payment stub.If you send a payment in foreign currency and we accept it,the payment amount credited to your Account will be at the conversion rate selected by us or our agent on the date we select,which may not be the date that the payment is credited.You agree that any payments on your Account delivered to a JCPenney store are handled by JCPenney as a convenience for you and are not deemed received or accepted by us until actually received by us.Under ordinary circumstances,any payment made at a JCPenney store will be credited as of the day you make such payment in the store.You understand,however,that payments,except Disputed Payments or as provided in Paragraph 8E below,may not be made,and may not be deemed received by us,at any location other than the Payment Address or at a JCPenney store or via our Pay by Phone or online payment services,if provided.Although we post your payments in the manner described above,we may delay restoring your available Credit Limit in the amount of your payment.All credits for payments to your Account are subject to final payment by the institution on which the item of payment was drawn. D.We reserve the right to select the method by which payments and credits are allocated to your Account in our sole discretion.The payment allocation method that we use may result in higher Finance Charges on your Account,depending on the types of transactions you make(such as promotional or non-promotional purchases),and the timing and amount of your payments.If you have any questions about the allocation of your payment or would prefer to choose a different payment allocation option we offer,please call the customer service number listed on your Credit Card or Billing Statement. E.We reserve the right to obtain payment electronically for any check or other instrument that you send to us by initiating an ACH(electronic)debit in the amount of your check or instrument to your account.Your check or instrument will not be returned to you by us or your bank.Your bank account may be debited as early as the same day we receive your payment.You may choose not to have your payment collected electronically by sending your payment to:P.O.Box 530945,Atlanta,GA 30353-0945 and not the Payment Address. 9.FEES.You agree to pay the following fees. A.If we have not received your required Minimum Payment by 5:00 p.m. Eastern on the Payment Due Date shown on your Statement,we may impose a Late Payment Fee based on your balance as of the day the Late Payment Fee is posted to your Account,as indicated below: Balance Late Payment Fee $0-$49.99 $15 $50-$249.99 $29 $250 or above $39 B.A Returned Check Fee of$29 if any check or other instrument sent to us, or any electronic payment authorization you provide us in payment on your Account,is not honored upon first presentment,even if the check,instrument or electronic authorization is later honored. 10.SPECIAL PAYMENT PLANS.From time to time,you may be offered special promotional terms which modify the terms of this Agreement with respect to certain Purchases on your Account("Special Payment Plans").The provisions of this Agreement apply to any Special Payment Plan,unless otherwise provided in this Agreement or under the Special Payment Plan offering.We may,without prior notice,terminate your participation in any Special Payment Plan if you are in default under this Agreement.Default includes,but is not limited to,any payment delinquency whether or not such delinquency relates to a Special Payment Plan. In the event of termination of your participation in any Special Payment Plan: (i)each remaining balance will not be treated as a Special Payment Plan Purchase and will be subject to the standard provisions applicable to such Purchases;and(ii)Finance Charges accrued on the Special Payment Plan balance from the date of purchase,if any,may be added to your balance. 11.TERMINATION/CHANGE IN TERMS.You may terminate your Account at any time by providing us written notice.We may,at any time and subject to applicable law,change,add or delete provisions of this Agreement("Terms Change")or terminate your Account.Unless prohibited by applicable law,we may apply any Terms Change to any outstanding or future balances of your Account.We will send to you notice of any Terms Change as required by applicable law.Upon any termination of your Account,you remain obligated to repay the balance of your Account and this Agreement will continue to apply until you do so.We may,without prior notice,terminate your participation in any Special Payment Plan if you are in default under the Agreement.Default includes,but is not limited to,any payment delinquency whether or not such delinquency relates to a Special Payment Plan. 12.DEFAULT.Subject to the limitations of applicable law,we may declare you in default if you: (i)fail to make at least the Minimum Payment when due; (ii)violate any other term of this Agreement;or(iii)become the subject of a bankruptcy or insolvency proceeding.After your default or your death,and subject to the limitations of applicable law,we may:(i)reduce your Credit Limit;(ii)terminate your Account;(iii)require immediate payment of your entire Account balance; (iv)terminate any Special Payment Plan and convert any balance on such Plan to the standard terms and conditions of the Account;(v)bring an action to collect all amounts owed;and/or(vi)take any action allowed by law. If,after your default,we refer your Account for collection to an attorney who is not our salaried employee,you will pay,to the extent permitted by applicable law,our collection costs,including court costs and reasonable attorneys'fees. 13.LIABILITY FOR UNAUTHORIZED USE.The Card is issued to you by us at your request and you agree to destroy it upon demand.You may be liable for the unauthorized use of the Card.You agree to promptly notify us if your Card is lost or stolen or of possible unauthorized use of your Card by writing to P.O. Box 981403, El Paso,TX 79998-1403 or by calling us at 1-800-542-0800(Puerto Rico and U.S.Virgin Islands residents,write to P.O. Box 364788, San Juan,PR 00936-4788 or call us toll-free at 1-800-981-8400).You will not be liable for unauthorized use that occurs after you notify us of the loss,theft, or possible unauthorized use and,in any case,your liability for unauthorized use will not exceed$50(in NY,you will have no liability for unauthorized use of the Card prior to the Effective Date).If you orally give us notice concerning loss or theft,you agree to confirm it in writing.You agree that unauthorized use does not include use by a person to whom you have given authority to use the Account or Card and that you will be liable for all use by such a person.To terminate that authority,you must notify us at 1-800-542-0800(Puerto Rico and U.S.Virgin Islands residents,call us toll-free at 1-800-981-8400). 14. CREDIT REPORTS AND ACCOUNT INFORMATION.You give us permission to request information and to make whatever inquiries we consider necessary and appropriate(including obtaining information from third parties and requesting consumer reports from consumer reporting agencies)for the purpose of considering your application for this Account and subsequently,in connection with any updates, renewals or extensions of credit or reviewing or collecting your Account.You also authorize us to report information conceming you or your Account, including information about your performance under this Agreement,to consumer reporting agencies and others who may properly receive such information.If you believe that we have reported inaccurate information about you to a consumer reporting agency,please contact us at P.O.Box 981402,El Paso,TX 79998-1402(Puerto Rico and U.S. Virgin Islands residents,write to P.O.Box 364788,San Juan,PR 00936-4788).In doing so,please identify the inaccurate information and tell us why you believe it is incorrect.If you have a copy of the credit report that includes the inaccurate information,please include a copy of that report.You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a consumer reporting agency if you fail to fulfill the terms of this Agreement. 15.USE OF INFORMATION ABOUT YOU AND YOUR ACCOUNT/CONSENT TO COMMUNICATIONS.You authorize and direct us to furnish information about you and your Account to JCPenney(and its affiliates and licensees)for use in connection with the JCPenney credit programs,including to create and update their customer records for you,to assist them in better serving you,and to provide you with notices of special promotions,catalogs and tailored offerings. In addition,you agree to the use of information about you and your Account described in the Privacy Policy.The Privacy Policy is a part of this Agreement and is enclosed or attached hereto.You consent for us to contact you using all media,and for all purposes(including collection purposes), using all contact information you provide to us.You agree that we may use automated equipment to dial your telephone number or to deliver messages to you.You may limit this consent based on the options we may provide to you by calling customer service.Any charges for contacting you which may be billed to you by your communications carrier are your responsibility. 16.TELEPHONE MONITORING.To ensure that you receive accurate and courteous customer service,on occasion,your call may be monitored by our employees,agents or representatives and you agree to any such monitoring. 17.JOINT ACCOUNTS.If this is a joint account,each of you will be jointly and individually responsible for your obligations under this Agreement; notice to one of you will be considered to be notice to both of you;and we can rely on instructions from one of you,even if we receive inconsistent instructions from the other person. 18.WAIVER.We may,in our sole discretion,choose to not exercise any right under this Agreement,including the right to impose the full amount of any charge, without waiving that right.Any waiver of a right by us must be in writing and signed by us.Except as we may agree in a signed writing,we will not waive any rights if we(a)accept a late or partial payment,(b)accept a check or other payment marked"payment in full"or tendered with other conditions or limitations,(c)extend the due date of any payment due under this Agreement,and/or(d)release any collateral or person responsible for your obligations under this Agreement. 19.CHANGE OF ADDRESS.You will notify us promptly if you change your address.We may send Statements and other notices to your address in our records until we have a reasonable opportunity to update our records with any new address for you.You agree that when we are notified that you have a new address, the terms of this Agreement specifically applicable to the residents of your new state of residence will apply to the entire balance of your Account. • 20.ARBITRATION PROVISION.Please read this arbitration provision carefully.IT PROVIDES THAT ANY PAST,PRESENT OR FUTURE LEGAL DISPUTE OR CLAIM OF ANY KIND,INCLUDING STATUTORY AND COMMON LAW CLAIMS AND CLAIMS FOR EQUITABLE RELIEF,THAT RELATES IN ANY WAY TO YOUR ACCOUNT,CARD OR THE RELATIONSHIPS THAT ARISE FROM YOUR ACCOUNT,THIS AGREEMENT OR ANY PRIOR AGREEMENT OR ACCOUNT,INCLUDING THE ENFORCEABILITY OR SCOPE OF THIS PROVISION OR DISPUTES OR CLAIMS THAT AROSE BEFORE THIS PROVISION'S EFFECTIVE DATE,("CLAIM")WILL BE RESOLVED BY BINDING ARBITRATION IF YOU,WE OR JCPENNEY ELECTS TO ARBITRATE. Right to Reject Arbitration:You may reject this arbitration provision,in which event neither you nor We will have the right to require arbitration.Rejection will not affect any other aspect of this Agreement.To reject the arbitration provision,you must send us a notice within sixty(60)days after you open your Account. The notice must include your name,address,and account number and be mailed to P.O.Box 981429,El Paso,TX 79998-1429.This is the only method you can use to reject the arbitration provision. As used in this provision: "We," "Us,"and"Our"mean(1)GE Money Bank and all of its parents, subsidiaries, affiliates, predecessors, successors, assigns, employees,officers and directors(collectively,the"Bank"),and(2)J.C. Penney Corporation, Inc.and all of its parents,subsidiaries, affiliates, predecessors, successors,assigns,employees,officers and directors. This arbitration provision covers all Claims,except that We will not elect to arbitrate an individual Claim brought by you in small claims court or its equivalent, unless that Claim is transferred,removed,or appealed to a different court.This provision replaces any existing arbitration provision between you and Us. The following describes the arbitration procedure,and its implications: • Notice:If you or We elect to arbitrate,the other party must be notified.Your notice must be sent to GE Money-Americas,Legal Operations,777 Long Ridge Road,Stamford,CT 06927.Notice can be given after a lawsuit has been filed,in which case it can be made in papers in the lawsuit. • Administrator:The person who starts the arbitration proceeding must choose an administrator,which can be either the National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, www.arb-forum.com, (800)474-2371; or the American Arbitration Association, 335 Madison Avenue, New York,NY 10017,www.adr.orq,(800)778-7879.The actual arbitrator will be selected under the administrator's rules,and must be a lawyer with at least ten years of experience. • Applicable Law:This Agreement involves interstate commerce and this arbitration provision is governed by the Federal Arbitration Act,9 U.S.C. §§1 et seq. (the"FM"). Utah law shall apply to the extent state law is relevant under Section 2 of the FM in determining the validity of this provision.The arbitrator has to follow: (1)the substantive law,consistent with the FAA,that would apply if the matter had been brought in court, (2)this arbitration provision,and(3)the administrator's rules.The arbitrator is authorized to award remedies that would apply if the individual action were in a court(including, without limitation,punitive damages,which shall be governed by the constitutional standards employed by the U.S.Supreme Court). • Location/Fees:The arbitration will take place in a location reasonably convenient to you. If you ask Us,We will pay all filing, administrative, hearing and/or other fees the administrator or arbitrator charges up to$2,500.If the cost is higher,you can ask Us to pay more and We will consider your request in good faith.Under all circumstances We will pay all amounts We are required to pay under applicable law. • Judgment/Appeals:A court may enter judgment upon the arbitrator's award.The arbitrator's decision will be final and binding except for: (1)any appeal right under the FM;and(2)any party may appeal decisions relating to Claims of more than$100,000 to a three-arbitrator panel appointed by the administrator,which will reconsider all over again any aspect of the appealed award.If you appeal,We will consider in good faith a request that We pay any additional fees of the administrator or arbitrator. IMPORTANT LIMITATIONS AND RESTRICTIONS:IF A CLAIM GOES TO ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO: (1)HAVE A COURT OR A JURY DECIDE THE CLAIM;(2)ENGAGE IN DISCOVERY(I.E.,THE RIGHT TO OBTAIN INFORMATION FROM THE OTHER PARTY)TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT;(3)PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER;(4)ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (5)JOIN OR CONSOLIDATE YOUR CLAIM(S)WITH CLAIMS OF ANY OTHER PERSON. THE RIGHT TO APPEAL IS MORE LIMITED IN ARBITRATION THAN IN COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. ONLY A COURT MAY DETERMINE THE VALIDITY AND EFFECT OF PARTS 3,4 AND 5 OF THIS PARAGRAPH. IF A COURT SHOULD HOLD SUCH PART(S)TO BE INVALID,THEN THE ENTIRE PROVISION SHALL BE NULL AND VOID.HOWEVER,THIS WILL NOT LIMIT THE RIGHT TO APPEAL SUCH HOLDING.IF A COURT SHOULD HOLD ANY OTHER PART(S)OF THIS ARBITRATION PROVISION TO BE INVALID, THE REMAINING PARTS SHALL BE ENFORCEABLE. This arbitration provision will survive the termination of your Account and the Card and will remain in force no matter what happens to you or your Account.If the administrator's rules conflict with the rules described in this provision,this provision will apply. 21.GOVERNING LAW.Except as provided in the arbitration provision,this Agreement and your Account and any claim,dispute or controversy arising from or relating to this Agreement or your Account,whether based on contract,tort,fraud and other intentional torts,statute,common law and/or equity,are governed by and construed in accordance with federal law, and to the extent that state law applies,the laws of the State of Utah(without regard to internal principles of conflicts of law).The legality,enforceability and interpretation of this Agreement and the amounts contracted for,charged and received under this Agreement will be governed by such laws.This Agreement is entered into between you and us in Utah.We make decisions about granting credit to you from,extend credit to you under this Agreement from,and accept your payments in Utah. 22.ASSIGNMENT.We may sell,assign or transfer any of our rights or obligations under this Agreement or your Account,including our rights to payments, without prior notice to you.You may not sell,assign or transfer any of your rights or obligations under this Agreement or your Account. 23.SEVERABILITY.If any provision of this Agreement is determined to be void or unenforceable under applicable law,all other provisions of this Agreement shall still be valid and enforceable. 24.ENTIRE AGREEMENT.This Agreement,together with any application you signed or otherwise submitted in connection with the Account(which is hereby incorporated by reference in this Agreement),constitutes the entire agreement between you and us relating to your Account and supersedes any other prior or contemporaneous agreement between you and us relating to your Account.This Agreement may not be amended except in accordance with the provisions of this Agreement. JCPENNEY 833282333_11 T&C PLCC PDF al • GE Money Bank BILL of SALE PRA 120-day Mid Prime-August 2010 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement(the"Agreement"),dated the 27th day of April 2010 by and between General Electric Capital Corporation, a Delaware corporation, GE Money Bank, a federal savings bank, and Retailer Credit Services Inc, a Delaware corporation (collectively "Seller") and Portfolio Recovery Associates, LLC ("Buyer"), Seller hereby transfers,sells,conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on August 19, 2010, and as further described in the Agreement. GE Mone//42 Baynk By: l Title: CFO Retailer Credit Services Inc By: ,d.24 l..1 Title: President General Electric Capital Corporation By: Title: Vice President • () GE Money Bank BILL of SALE PRA 120-day Mid Prime-August 2010 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables Purchase Agreement(the"Agreement"),dated the 27th day of April 2010 by and between General Electric Capital Corporation, a Delaware corporation, GE Money Bank, a federal savings bank, and Retailer Credit Services Inc, a Delaware corporation (collectively "Seller") and Portfolio Recovery Associates, LLC("Buyer"),Seller hereby transfers,sells,conveys, grants,and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Receivables as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on August 19, 2010, and as further described in the Agreement. GE Money Bank By: Title: CFO Retailer Credit Services Inc By: Title: President General Electric Capital orporation By: • • Title: V. e Presii-nt . (. AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of Georgia,County of Fulton County. Heidi Brown being duly sworn,deposes and says: I am over 18 and not a party to this action. I am the Recovery Specialist(title)of General Electric Capital Corporation(creditor). In that position I am a custodian of the creditor's books and records,and am aware of the process of the sale and assignment of electronically stored business records. On or about 08/26/2010 General Electric Capital Corporation(creditor)sold a pool of charged-off accounts (the Accounts)by a Purchase and Sale Agreement and a Bill of Sale to Portfolio Recovery Associates, LLC(debt buyer).As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer.These records were kept in the ordinary course of business of General Electric Capital Corporation(creditor). I am not aware of any errors in these accounts. The above statements are true to the best of my knowledge. Signed this 27th day of August,2010 (Heidi Brown) Sworn.0 -fore me this 27 4 day of Au 2010 oi r ,i ry Stamp) gip , olitliiii • UBL1G j e9A ` V Q OvoBBO dN64 44 G��% • •ACCTN UIVI:....,.,.,.,.....,. .,..,.,.,....,.,.,...,.,.,._......._...,.,.,.8Z0.,.,.,.,,.... !MKR FN TERESA :MKR LN WILSON CMPNY NAME MKR TAXID 11.13239 :MKR AD1 1820 WASHINGTON AVE ' MKR AD2 MKR AD3::..::::............... MKR CITY SAINT ALBANS :MKR ST WV MKR_ZIP 25 177-3 16 1 MKR HP 0000000000 MKRWP::: .:. ..... 562,,:_.: ...........................:.:..,... .5.:..,.::::::::.::::::::::.::::::.::::::::: MKR BARDATE 0 MKR BKCHAP MKR CASENUM MKR_DISCHDTE 0 MKR DISMSDTE 0 MKR BKMEETDTE 0 MKR BKCOURT 'MKR BKFILEDT 0 :OPENDATE 20041003 'CHGOFF_DATE20091014::::::::............................ . RMSLASTPMT 20090302 LASTPMTAMT 118 1BRANCH1 CG88 DOFD 20090416 CHGOFFCODE LEGL • LOSSAMT 1265.49.::::::.,...:.................................. CU RBAL 1265.49:::::.::...............,............:.........: :RMSFILENUM 57361461 .............:....... ACCTSTS SF2 STSDESC Sales Final -FF 2nds JDGDATE 0 OFF CODE JCP053 ::OFF_DESC JC Penney Consumer ;BCLE 181 BCLE::.DESC,::.,::...., GE Money Bank :BUYERCODE XO9S LINT RATE 26.99 :CMKR FN .CMKR LN ;CMKR TAXID:::.:::::...... ;CMKR LIABLE Data printed by Portfolio Recovery Associates,LLC from electronic records provided by GE MONEY BANK,F.S.B.pursuant to the sale of accounts from GE MONEY BANK,F.S.B. to Portfolio Recovery Associates,LLC on 8/26/2010 PORTFOLIO RECOVERY ASSOCIATES,LLC • 140 Corporate Boulevard Norfolk,Virginia 23502 • Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account : ************2667 FAYE HIPPLE Account Holder: FAYE HIPPLE 318 ERFORD RD CAMP HILL PA 17011 Consumer Account Product Code: PVT Issuer: GE MONEY BANK, F.S.B./JC PENNEY Assignee: Portfolio Recovery Associates,LLC Account Number: ************2667 Date Account Opened: August 1,2004 Date of Last Payment: September 28,2009 Date of Charge Off: January 7,2010 Balance at Purchase: $1,933.08 Purchase Date: August 26,2010 Balance at Charge-Off: $1,933.08 Less Payments: 5.00 Balance Due: $1,933.08 11-00123 GECI95 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. C The JCPenney • Gift Card CPennel jp m FCtF TEemI In stores, jcp.com & t�t � , 1-800-222-6161 v ' Terms and conditions are applied to Gift Card/e-Gift Cards. JSCCOUtiT5UNIN(ARY. Account Number 266-7 Minimum Payment Due $779.30 Previous Balance $1,933.08 Payment Due Date 01/10/10 (-) Payments&Credits $1,933.08 Credit Limit $2,330.00 (+) Charges $0.00 Available Credit Da (+) FINANCE CHARGES(NET) $0.00 Days Billing Date 01/07/10 in Billing Period 28 New Balance $0.00 PAGE 01 OF 01 For account information Call:1-800-542-0800 Write:P.O.BOX 981131 EL PASO,TX 79998-1131 Online:jcp.com Iran Reference Number Balance Type Item Description Charges Payments Date 8 Credits 01-07 F911900CP00999990 RCHARGE OFF ACCOUNT-PRINCIPALS 1933.08 BALANCE I I COMPUTED ON I PERIODIC RATE(S)% CORRESPONDING ANNUAL TYPE AVERAGE DAILY BALANCE PERCENTAGE RATE(S)% REGULAR E 0.00 .07395 dally 26.99 L.Your Balance computation Method Is Indicated above.See reverse side for an explanation. ANNUAL PERCENTAGE RATE FOR THIS BILLING PERIOD 26.990% TOTAL PERIODIC FINANCE CHARGE .00 Please note your mailed payment must be received by 5PM(ET)or your In-store payment must be received during store hours on — `the due dote.Your payment may be converted into an electronic debit.See reverse for details.__--_--- PLEASE DETACH AND RETURN THIS STUB WITH YOUR PAYMENT TO GEMS peymantflus j Mimrriirm -li {taw ll� tlee'ouratfAurrrhor t3e6Y #'ay ont,Due aatance. - .. - 01/10/2010 $0.00 $0.00 4266-71 Fr l IN 6671 TOTAL PAID $ • ri FAYE A HIPPLE 318 ERFORD RD CAMP HILL PA 17011-1115 P.O.BOX 960090 ORLANDO,FL 32896-0090 5431 0000 TOO 1 5 10 100107 S['Page 1 Of 1 012 9119 4700 D165 - . • The JCPenney 14 - Gift Card give them som t Jt'1 V rl '^^�nne _ ittv in stores, c ra o 1-800-222-6161 '(nom, Terms and conditions are applied to Gift Cards/e-Gift Cards. V Account Number M.266-7 Minimum Payment Due $491.30 Previous Balance $2,033.08 Past Due $395.30 (-) Payments&Credits $100.00 Payment Due Date 11/02/09 (+) Charges $0.00 Credit Limit $2,330.00 Available Credit (+) FINANCE CHARGES(NET) $0.00 Billing Date 10/10/09 New Balance $1,933.08 Days in Billing Period 30 PAGE 01 OF 01 For account information Call:1-800-527-3369 Write:P.O.BOX 981131 EL PASO,TX 79998 Online:jcp.com TRAN$AGi1R�i$17T�tIylA1';: Tren Reference Number Balance Type Hem Description Charges Payments Data S Credits 09-28 F9119008H000E13000 PAYMENT-THANK YOU 100.00 PRIANGE?3H;ARGE BALANCE TYPE I I AVERAGE DAILY BALANCE PERIODIC RATE(S)% I CORRESPONDING RATE(S)%%L COMPUTED ON 1 REGULAR E 0.00 .07395 dally 26.99 Your Balance Computation Method Is Indicated above.See reverse side for an explanation. ANNUAL PERCENTAGE RATE FOR THIS BILLING PERIOD 26.990% TOTAL PERIODIC FINANCE CHARGE .00 Please note your mailed payment must be received by 5PM(ET)or your in-store payment must be received during store hours on —_ the due date.Your payment may be converted into an electronic debit.See reverse for details. --_- PLEASE DETACH AND RETURN THIS STUB WITH YOUR PAYMENT TO GEMS Minimum payment due includes /?'aatDDa Peymant Mtnummn New �:.Raeddnt I: �: $395.30 past due. i.4monra y f3ateneee,,,- :Number :_:, t.3..Del3alia #?a rnentlAle'. Please pay the past due amount PROMPTLY_...:_ :........ .-..... -..-- :..... :....-... $395.30 11/02/2009 3491.30 51,933.08 266-71 FILL IN 6671 TOTAL PAID FAYE A NIPPLE 318 ERFORD RD P.O.BOX 960090 CAMP HILL PA 17011-1115 ORLANDO,FL 32896-0090 5433 0000 T9D 1 7 10 091009 B D Page 1. Of 1 012 9119 9700 D165 give the gift of choice! _C.Perne?. The JCPenney cot e,rAnt DUPLICATE Gift Card available in stores, jcp.com & 1-800-222-6161 Term;and conditions are applied to Gift Card/u-Gift Cards. Account Number MI-2667 minimwn Payment Due $366.00 Previous Balance $2,448.08 Past Due $239.00 (-) Payments&Creatts gob° Payment Due Date 04/02/09 Oval Limit $2,330.00 (+) Charges $43.50 Available Crecht (+) FINANCE CHARGES(NET) $50.82 ailing Ewe 03/10/09 New Balance $2,54240 Days in Billing Period 28 PAGE 01 OF 01 For woman information Cah:1-800-527-3369 Write:P.O.BOX 981131 EL PASO,1X 79998 Online:jcpcorn Trait Reference Number f--Balance Type Item Description Date aunts ,PgraTg 03-10 P9119002501SW2NRY R STONEBRIDGE IN9JRANCEDPLANO OTX 8.50 nsvw.stonetrigp-Jcp.com 1-800-628-1211 ACCIDENT POLICY POLICY it 74A5697390 PREMIUM 03-12-09 TO 04-12-09 03-05 LATE FEE 35.00 PLEASE NOTE ENCLOSED ISTHE PRIVACY POLICY FORTHISACCOUNT. PLEASE TAKE A MOMENT TO READ IT,THEN KEEP IT WITH OTHER FINANCIAL DOCUMENTS IF YOU HAVE PREVIOUSLY EXERCISED YOUR CHOICE UNDER THE POLICY,YOU DO NOT NEED TO DO SO AGAIN. Your account is past due.If you are having difficulty making your payments,we have many opticats available to help you bring your account current including LoveringPayment s,Payment Matching and Interest Waivers Call 1-800-527-3369 today to determine if you are one of our BAMPEE I I AvEgVeNEVAAN4 PERIODIC RATE(5)% I REGULAR E 245441 .07395 daily 26.99 As.Your Belassoe Computer's Method in indfonted shove.See reveres side for as ekplailatiOn. ANNUAL PERCENTAGE RATE NOR THIS BILLING PERIOD 26.990%'TOTAL PERIODIENANCE CHARGE 50.82 ICPENNEY PR1MLEGE PLATINUM UPDATE YOUR2009 ICPENNEY PRIVILEGE PLATINUM CARD PURCHASESARE$66.83 $1000 IN ICPENNEY CARD PURCHASESAND TWO VISITS FROM 1/1/09-12/31A39 RE-QUAUFIES YOU FOR JCPENNEY PRIVILEGE PLATINUM BENEFITS THROUGII MARCH 2011. Please note your mailed payment must be received by 5PM(ET)or your in-store ray meta must be received during stare hours on the dim date. Your payment may be converted into an electronic debit See inverse fordetails. PLEASE DETACH AND RETURN THIS STUB WITH YOUR PAYMENT TO GEMB Minimum payment due includes $23900 past de. Fhease pay the past due amount PROMPTLY. $239.06 104/02/2009 1 $36600 I $2,54240 1110266-71 ouat $ _L.._ • ATTAFATFFTFTDDETTTATED 11+141+FDADTATEDDFATDADTFAFDFD I ee t I IAATAATA FAYE A NIPPLE 318 ERFORD RD CAMP HILL PA 17011-1115 P.O.BOX 960090 ORLANDO,FL 32896-0090 FDIeut-1-1ADTTADFFIPHYTAFIDAFAFFADDDDEFTTDAITTAFFDDADITTAAAADTADFTA 2 66710 5133 0000 T9D 1 7 10 090310 x ease 1 Of 1 012 9119 4700 D165 The JCPenney Gift Card CPenney give them something to remember! L3CATE to stores, jcp.com & CO JWi 1-800-222-6161 °" Terms and conditions are applied to Gift Card/e-Glft Cards: Account Number -266-7 Minimum Payment Due $498.00 Previous Balance $2,54240 past Due $366.00 (-) Payments&Crags $0.00 Payment Due Date 05/03/09 (+) Charges $43.50 Credit Limit $2,330.00 Available Credit (+) FINANCE CHARGES(NET) $58.38 Biiting Date 04/10/09 New Balance $2,64428 Days in Billing Period 31 PAGE 01 OF 01 For account information Call:1-800.527-3369 Write:P.O.BOX 981131 EL PASO,TX 79998 Online:jcp.com Tran Reference Number Balance Type Item Description Charges Pa meots Date &Credits 04-10 P9119003401T9KVBH R STONEBRIDCE INSURANCE PLANO DTX 8.50 wmv.00netridg..)cp.com 1.800-628-1211 ACCIDENT POLICY POLICY ft 7445697390 PREMIUM 04-12-09 TO 05-12-09 04-02 LATE FEE 35.00 Your account is past due.If you are having difficulty making your payments,we have marry opticns available to helpyou bring your account current including Losering Payment s,Payment Matching and Interest Waivers Call 1-800-527-3369 today In detemline if you are pip elgible ff one of our payment o ons, B TYPE I I A�NLY&4LANC PERIODIC RATE(S)96 I �F ANQaI'Gil.,l' l REGULAR E 2546.61 1 .07395 daily 26.99 Ely) 4_Vase Balance Computation Slelhad is indicated above.See reverse aide for an explanation. ANNUAL PERCENTAGE RATE FOR THIS BILLING PERIOD 26.990%'TOTAL PERIODIFINANCE CHARGE 58.58 AVOID IDENTITY THEFT:PLEASE NOTE THAT WE NEVER CALL OR EMAIL IUSP TO ASK YOU TO PROVIDE OR VALIDATE PERSONAL INFORMATION,SUCH ASYOUR FULL SOCIAL SECURITY NUMBER OR DATE OF BIRTH.IF YOU RECEIVE A CALL ORE-MAIL JUST REQUESTINGTHIS INFORMATION,CONSIDER IT FRAUDULENT; AND DO NOT PROVIDE INFORMATION TO THE CALLER. Please note your mailed payment must be received 19 5PM(ET)or ycur in-store payment rust be recelvedduring store hours on the&edate. Your pay meta may be convened into anelectronic debit.See reverse forde rails PLEASE DETACH AND RETURN THIS STUB WITH YOUR PAYMENT TO(;FMB Mioimmn payment due includes ............ ... .....,...........,...........,....................... $366.00 past due. - - - - Please pay the past due emoted PROMPTLY. $366.00105/6/2009 I $498.00 I $2,644.28 1. 266-71 otz-Os EEL_1 . TTATAFDATTAFAFFDFFAADTTTADDADTOTFIFFT TTDTTDDFFFFATDDADFFTAFTFDFFDT FAYE A HIPPLE 318 ERFORD RD CAMP HILL PA 17011-1115 P.O.BOX 960090 ORLANDO,FL 32896-0090 FDIFUFFTADTTADFFJFFO TAFIDAFAFFADDDDFFTTDATTTAFFDDADTTTAAAADTADFTA 2 66710 5433 0000 T9D 1 7 10 090410 XPage 1 Of 1 012 9119 4700 D165 The JCPenney Gift Card give them something to remember! CPenne .LICATE I n stores, jcp.com & 1-800-222-6161 gilgtTerms and conditions are applied to Gift Curdle-Gift Cards. Accotmt Number 2664 Minimum Payment Due $630.00 Previous Balance .64428 past the $498.00 (-) Payments&Creeds $0.00 Payment Due Date 06/02/09 (+) Charges $0.00 Credit Limit 52,330.00 Mailable Credit (+) FINANCE CHARGES(NET) $0.00 Billing Date 05/10/09 New Balance $2,64428 Days in Billing Period 30 PAGE 01 OF 01 For account information Call:1-800-527-3369 Write:P.O.BOX 981131 EL PASO,TX 79998 Online:jcp.com Tian I Reference Number 11 Balance Type Item Description Charges ;aCredits eDate ea.NO TRANSACTIONSTRISPERIOD et, BALANCE I I ODMPUTED ON 4 PERIODIC RATE( SP S)% I ODRREONDINGANNUAL TYPE AVERAGE DAILY BALAN PERCENTAGE RATE(S)En REGULAR 0 0.00 .07395 daily 26.99 4..Your Beano Oompirtaliartatinme Is indiented 2.120V.,Sn.alierde aide ter an Sapiens Sen. ANNUAL PERCENTAGE RATE FOR THISB1LLING PERIOD 26.990%'TOTAL PERIODIFINANCE CHARGE .00 Please note your mailed geyment must be received by 5PM(ET)or your in-store payment must be received during store hours on the die date. Your payment may be convened into an electrenk debit.See reverse fordetails. PLEAS DETACH AND RETURN THIS STUB WITH YOUR PAYMENT TO CEMB $498.03 Past ete. Please PaY the Pail due tumult PROMPTLY. $498.00 105/02/21109 I $630.00 I $2,644.28 IOTAL PAID $ AADADFTEDDFTEDAFTTFADTAFFEAFFIDADDTAFFTAAADATTDDFTFFAATATDFDTFITF FAYE A RIPPLE 318 ERFORD RD CAMP HILL PA 17011-1115 RO.BOX 960090 ORLANDO,FL 32896-0090 FDI'FDFFTADTTADF1-11-HYTAFTDAFAFFADDDDEFTTDATTTAFFDDADTTTAAAADTADFTA 6"" , . .V2 The JCPenney Gift Card give them something to remember! CPenne . .LICATE In stores, jcp.com & qagt ed, 1-800-222-6161 Terms and conditions are applied to Gift Cerdfts-Gift Cards_ Account Number 41111266-7 Minimum Payment Due $477.20 Previous Balance ,644.28 Past Due, $361.20 (-) Payments&Credits $311.211 Payment Due Date 07/03/09 (+) Charges Crecat Limit $2,330.00 $0.00 Available Credit (+) FINANCE CHARGES(NET) $0.00 min Date 06/10/09 New Balance 5Z332■08 Days in Billing Period 31 PAGE 01 OF 01 For account information Call:1-800-527-3369 Write:P.O.BOX 981131 EL PA SO,TX 79998 Online:49.corn al: Reference Number 4—Balance Type Item Description (large' Payments 05-11 P911900430t20IC002 R INSURANCE ADJUSTMENT 42.50 05-28 P9119000030ED000 PAYMENT-THANK YOU 268.70 ;::,i;:::,.;,::-:;;;:',-...;;;;;;Z:::,:............................................................................................................................................................................................................................ BALANCE I I OtDAILY UT rit P E R I OD I C RAT Er S)% I 0RR ESP 0;31 NGIAL 1s4 A iiAN4 pERERAM REGUIAR E 0.00 .07395 daily 26.99 4–Your Balance ComputeGon Method is indicated above.See reverse aide for an explanation. ANNUAL PERCENTAGE RATE FOR THIS BILLING PERIOD 26.990% TOTAL PERIODIEINANCE CHARGE .00 Please note your mailed pay meat must he received by 5PM(Er)or your in-store payment must be received during store hours on the due date. Your payment may be converted into anelectronic debit See reverse fordetails. PLEASE DETACH AND RETURN THIS STUB WITH YOUR PAYMENT TO GEMB M nlmumpayrnenl shin includes $36150 paddt$ Please pay the past due amount PROMPTLY. $361.30 1 07/03./2009 I S477.30 I 52,33308 t 1111-266-71 1"°T:PAI°$ ri_ n . _ - , TFADATFAA I 11•11-DAFFDDAADTITDTIFADTAFDTAFDDDTDTDADTETTDDAFFADFOTFFA FAYE A NIPPLE 318 ERFORD RD CAMP HILL PA 17011-1115 P.O.BOX 960090 ORLANDO,FL 32896-0090 FD'Inn-HADTTADFFTFFDTAFTDAFAFFADDDDI-FITDATTTAFFDDADITTAAAADTADFTA IIIIIIIIMIIIIIIIMIII2 66710 5433 0000 090 1 7 10 090610 axaoga 1 06 1 012 9119 4700 5161 - ___ • _kNO. The JCPenney Gift Card CPenney give them something to remember! •LICAT In stores, jcp.com & 6sigt caks 1-800-222-6161 Terms and conditions are applied to Gift Card/a-GM Cards. Account Number -2664 Minimum Payment Due 8488.30 Previous Balance 1.333.08 Past Du, 8377,30 (-) Payments&Credits $100.00 Payment Dee Dale 08102/09 S0.00 +) Charges Credit Limit $2.330A0 ( Available Crecfit (i-) FINANCE CHARGES(NET) 50.00 Billing Date 07/10/09 New Balance $2,233.08 Days in Billing Period 30 PAGE 01 OF 01 For account Infatuation Call:1-800-527-3369 Write:P.O.BOX 981131 EL PASO,TX 79998 Online:jcpcorn Tine I Reference Nucnter 1 Balance Type Item Description I (harms I PgatyCFrnal Date 06-29 191190C6N000ED000 PAYMENT-THANK YOU 100.00 BALANCE I COMPUTED ON 4 PERIODIC RATE(S)96 CORRESPONDINGANNUAL TYPE AVERAGE DAILY BALA PERCENTACE RATE(S)% REGULAR B 0.00 .07395 daily 26.99 ei..Yout Beans*00flitAttston tA011D6 is Micatad*or.St**9r w sitfe for an explaneitni. ANNUAL PERCENTAGE RATE FOR THIS BILLING PERIOD 26.990%'TOTAL PERIODIHNANCE CHARGE .00 Please note your mailed payment must be received by 5PM(ET)or your in-store payment must be received during store hours on the die date. Your paymert may be consorted into an electronic debit See reverse fordetaits. I -- PLEASE DETACH AND RETURN THIS STUB WITH YOUR PAYMENT TO GEM13 $37799 pastilia Please PaY the Pas"be amuni PR°MPTLY* 4 S.377,30 I 08/02/2009 548am El . I TTAFATDTFAAATDDAATDDh Jul thl/TTFAAFAFFATDDTTFDDDAADDTTAFTDAAFADAFAT FAYE A RIPPLE 318 ERFORD RD CAMP HILL PA 17011-1115 P.O.BOX 960090 ORLANDO,FL 32896-0090 FDIH.11-1-.1ADTTADFFIFTCHAFTDAFAFFADDDDFFi tDATTTAFFDDADTTTAAAADTADETA 66710 1433 0000 390 1 1 10 000110 annaq. 1 05 1 012 9109 4100 0155 ••■ Vi The JCPenney Gift Card CPenne give them something to remember! •LICATin stores, jcp.cam & cot 0 1-800-222-6161 Terms and conditions are apptied to Glfl Cardle-Girt Cards. Account Number 266-7 Minimum Payment Due $494.30 Previous Balance 23308 Past Die $388.30 (-) Payments&Credits $RYJ RI Payment Due Date 09/02109 (+) Charges $0.00 Credit Limit $2,330.00 Available Credit (+) FINANCE CHARGES $0.00 Billing Date 08!10/09 Nea•Balance $2,13108 Days in Billing Period 31 PAGE 01 OF 01 For account information Calf:1-804527-3369 Write:P.O.BOX 981131 EL PA SO,TX 79998 Online:jcp.com ..n^:c::�•.::;:::.::::::e:^.:::x:;�?r:::::::::::::::::::.2::g:::;;::::::r.:::::.:w�:::::::::::::::'c::;:.::'?:::::::::::::::�::::�:::.^.p:::::!::'si5`ziii'.a�'?i:i i::i?'.'siin!•'i'.iiEiiiEit?Ci i'riiiii;:riii!i Tears Reference Number Balance Type Item Description Char s &yme nts Date 07-20 P9119006K000EDU00 PAYMENT-THANK YOU I 100.00 %ICE I I AVERA°(;E DAILYY BALANCI PERIODIC RATE(S)% I Cp0ERRRESPOZIELFIGAVAL REGULAR E 0.00 .07395 daily 26.99 L...Your Beanaa Computation nt.ahon in inditatad above Soo arvomo at&for an.aptnn.dan. ANNUAL PERCENTAGE RATE FOR THIS BILLING PERIOD 26.990%'TOTAL PERIODIEINANCE CHARGE .00 Please,rote yoar mailed payment must be received by 5PM(ET)or your fn-gore payment must be received during sane hours on the dm date. Your payment may be converted into an electronic debit See reverse fordetails. PLEASE DETACH AND RETURN THIS STUB WITH YOUR PAYMENT TO CR15IB Minimam payment she includes .,....:.......,,...,.....,...,..,...._.....,.....,..,..,.,.,.,.,...,,...,.,,.....,..,....._.........,.,........,.............-....... due. P - - Please the past Tine amount pay pe PROMPTLY. $388.30 109/01/21109' $494.30 I $2,13308 I 266-71 un 1N TOTAL PAID • FATDDTTDADATTFATDADAADADADTTFAAATTTDDATFAFFI IF TTATADFAAFIDTTTAAFF FAYE A HIPPLE 318 ERFORD RD CAMP HILL PA 17011-1115 P.O.BOX 960090 ORLANDO,FL 32896-0090 FDTFDFFTADTTADFFIFFOTAFTDAFAFFADDDDF Fl 1DATTTAFFDDADTTTAAAADTADFTA 2 66710 5433 0000 190 1 7 10 090810 u DPaga 1 of 1 012 9119 4700 0165 7A, , . 12. The JCPenney Gift Card CPenney give them something to remember! 'Tin stores, jcp.com & cpitit 1-800-222-6161 Terms and conditions are applied to Gift Curdle-Gift Cards. A000msi NumInr 2667 Minimum Payment Dam $495.30 Previous Balance $2,13308 Past Due $394,30 (-) Payments&Credits $100.00 Payment Due Date 10103939 (+1 Charges $0.00 Credit Limit 52,330.00 Available Credit 60 FINANCE CHARGES(NET) $0.00 Billing Date 09/10/09 New Balance $2,033.08 Day,in Billing Period 31 PAGE 01 OF 01 For account Information Call:1-800-527-3369 Write:P.O.BOX 981131 EL PASO,TX 79978 Online:jcp,com gaate Refereace Number 11 Balance Type Item Description Charges PircIrneeg 08-28 F91 190071000E13003 PAYMENT-THANK YOU 100.00 BALANCE I { COMPUTED ON 4 PERIODIC RATE(S)% CORRESPONDING ANNUAL TYPE AVERAGE DAILY BALAN PERCENTACE RATE(S)at REGULAR P 0.00 .07395 daily 26.99 4..Your Batons.Computation Method to indicated above,Sao agora.alda for an expianatton. ANNUAL PERCENTAGE RATE FOR T HIS BILLING PERIOD 26.990%I TOTAL PERIODITINANCE CHARM .00 Please note your mailed payment must be received by 5PM(ET)or year in-store payment trust be received during store hours on she dam date. Yourpayineatt may be conmeleal into anelecironic debit See aeversefordetails. PLEASE DETACH AND RETURN THIS STUB WITH YOUR PAYMENT TO GEMB 1394" past dam" Please Pay the past due amount PROMPTLY. $394.30 I 11103121109 1 $495.30 I 52,03308 I ' -266-71 n- L71'FTFEDTAAFFAFDFFTADTDITDDTFTDTFTFFTTFDTTDAFFFFATDDADFITAADAFFFDA FAYE A HIPPLE 318 ERFORD RD CAMP HILL PA 17011-1115 P.O.BOX 960090 ORLANDO,FL 32896-0090 FDliiirtFIADTTAD1-1-PFAYTAFTDAFAFFADDDDEFFTDATTTAFFDDACHTTAAAADTADFTA 2 66710 1453 toot ran i it etotit aDenge 1 Of 5. 012 9119 4700 0160 mi■ Michael J. Pykosh, Esquire I D#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 mpykoshCa)dplglaw,com Attorney for Defendant PORTFOLIO RECOVERY COURT OF COMMON PLEAS ASSOCIATES, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-7474 — Civil Term FAYE A. HIPPLE, c Defendant NOTICE TO PLEAD To: Portfolio Recovery Associates, LLC c/o Robert N. Polas, Jr., Esquire Carrie Brown, Esquire 140 Corporate Blvd. Norfolk, VA 23502 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Respectfully Submitted, Dater Michael ykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant Michael J. Pykosh, Esquire ID#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 mpykosh(cDdplglaw,com Attorney for Defendant PORTFOLIO RECOVERY COURT OF COMMON PLEAS ASSOCIATES, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-7474— Civil Term FAYE A. HIPPLE, Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes the Defendant, Faye A. Hipple, by and through her attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files his Preliminary Objections to the Plaintiff's Amended Complaint, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by GE MONEY BANK, F.S.B. / JC PENNY. Comp. ¶ 3. 2. The Complaint was filed on September 30, 2011. 3. Defendant filed Preliminary Objections to Plaintiff's Complaint on October 24, 2011. 4. Plaintiff filed a Response to Defendant's Preliminary Objections on November 17, 2011. 5. Plaintiff filed a Praecipe to Listing Case for Argument on April 17, 2013. 6. An Order of Court was filed on May 10, 2013 granted Plaintiff sixty (60) days from the date of the Order to file an Amended Complaint. 7. Plaintiff filed an Amended Complaint on June 13, 2013. First Preliminary Objection - Pa. R.C.P. 1028(a)(2) Failure to Conform to Law or Rule of Court 8. Pursuant to Pa. R.C.P. 1028(a)(2), a party may file a Preliminary Objection based upon the failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter. 9. Plaintiff's Complaint is based upon a contract. 10.Plaintiff asserts a cause of action based upon an account stated theory of recovery. 11.An account stated theory of recovery is not applicable in credit card cases. Capital One Bank (USA) NA v Cleverstine 7 Pa. D&C 5th (Ct. Com. PI. Centre County 2009 . JMMM PC Company v Patricia Stillwagon 2011 Pa. D&C Dec. Lexis 24 (Luzerne County). 12.Plaintiff in pleading account stated cause of action is not permitted to escape pleading requirements otherwise applicable. CitiBank (South Dakota, N.A.) vXenofon Skaboulos, No. 09-8676 (Cumberland County). Second Preliminary Objection - Pa. R.C.P. No. 1028(a)(2) Failure to Conform to Law or Rule of Court 13.Plaintiff is not the original creditor, but rather assignee of the original creditor. Am. Comp. 13 and 8. Since the Plaintiff's right to maintain an action as an assignee is predicted upon written assignment or agency agreement, that writing must be attached to the Amended Complaint, pursuant to Pa. R.C.P. 1019(i). 14.By failing to attach a copy of the assignment of the debt to the Plaintiff, the Amended Complaint does not comply with an express rule of court, in violation of Pa. R.C.P. 1028(a)(2). See Remit Corporation v Miller 5 Pa. D&C 5th 43 and Capital One Bank v. Clevenstine, 7 Pa. D&C 5th 153. Third Preliminary Objection - Pa. R.C.P. No. 1028(a)(3) Insufficient Specificity in a Pleading 15.The Amended Complaint contains only a general assertion of the amount the Plaintiff claims is owed by the Defendant. It provided no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrual and amounts of interest charges and other fees. 16.Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in a Amended Complaint of this type. 17.By not including the requisite detail of the account, the Amended Complaint fails to conform to an express rule of Court. Fourth Preliminary Objection - Pa. R.C.P. 1028(a)(5) Lack of Capacity to Sue 18.Pa. R.C.P. 2002(a) required that an action be brought by the real party in interest. 19.By failing to attach a copy of the necessary writing by which the Plaintiff would become the assignee of the account and thus the real party in interest or an agency agreement, the Plaintiff has failed to conform with the requirements of the aforesaid rule. 20.Plaintiff has not shown standing or capacity to sue Defendant. 21.Since this matter was not brought by the real party in interest it must be dismissed. WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiff's Amended Complaint be dismissed with prejudice. Respectfully S bmitted, Date: Mic ael J. Pykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717)975-9446 Attorney for Defendant Michael J. Pykosh, Esquire ID#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 mpykosh(a)dplglaw,com Attorney for Defendant PORTFOLIO RECOVERY : COURT OF COMMON PLEAS ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-7474 — Civil Term FAYE A. HIPPLE, Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Preliminary Objections to Plaintiff's Amended Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Portfolio Recovery Associates, LLC c/o Robert N. Polas, Jr., Esquire Carrie Brown, Esquire 140 Corporate Blvd. Norfolk, VA 23502 Respectfully Submitted, Date: l Michael J. y osh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant Carrie A. Brown, Esquire PA Bar#:94055 P - Robert N. Polas, Jr, Esquire PA Bar* 201259 Portfolio Recovery Associates, LLC -3 120 Corporate Blvd. CJJJJ8 41f 9: Norfolk, VA 23502 PFQt 46 TELE: 1-866-428-4102 ��SA 0 COUNTY FAX: 757-518-0860 YtVA Nl� Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION—LAW PORTFOLIO RECOVERY ASSOCIATES,LLC 140 Corporate Blvd Norfolk,VA 23502 Plaintiff No. 11-7474—CIVIL TERM V. FAYE A. HIPPLE Defendant PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, TO WIT, this_day of 2013, comes the Plaintiff, Portfolio Recovery Associates, LLC, by and through its attorneys, and files the following Response to Preliminary Objections as a statement herein: 1 —7. Admitted 8. Denied. The allegations contained in Paragraph 8 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 9. Denied. The allegations contained in Paragraph 9 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 10. Denied. The allegations contained in Paragraph 10 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 11. Denied. The allegations contained in Paragraph 11 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 12. Denied. The allegations contained in Paragraph 12 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. 13. Denied. The allegations contained in Paragraph 13 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself 14. Denied. The allegations contained in Paragraph 14 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 15. Denied. The allegations contained in Paragraph 15 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response: is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 16. Denied. The allegations contained in Paragraph 16 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response,Defendant has been provided with all pertinent information regarding his account via Exhibit"N', which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. 17. Denied. The allegations contained in Paragraph 17 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the, Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff s Complaint is a written document which speaks for itself. 18. Denied. The allegations contained in Paragraph 18 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his . account via Exhibit A",which contains the,Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff s Complaint is a written document which speaks for itself. 19. Denied. The allegations contained in Paragraph 19 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the,Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiffs Complaint is a written document which speaks for itself. 20. Denied. The allegations contained in Paragraph 20 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit."A", which contains the,Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff s Complaint is a written document which speaks for itself. 21. Denied. The allegations contained in Paragraph 21 of Defendant's Preliminary Objections are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at Trial. By way of further response, Defendant has been provided with all pertinent information regarding his account via Exhibit"A", which contains the,Affidavit of Assignment, Bill of Sale and Statement of Account. Plaintiff's Complaint is a written document which speaks for itself. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's Preliminary Objections with prejudice, and deny the relief requested therein. Respectfully submitted, Carrie A.Brown,Esquire#94055 Robert N.Polas Jr.,Esquire#201259 Attorneys for Plaintiff VERIFICATION The undersigned hereby states that he/she is the attorney for the Plaintiff,Portfolio Recovery Associates, LLC,who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner,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 Response to Preliminary Objections are true and correct to the best of his/her knowledge, information, and belief,based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,relating to unworn falsification to authorities. Date: 13 Ca A.Brown,Esquire#94055 Robert N. Polas Jr.,Esquire#201259 Carrie A. Brown, Esquire PA Bar#:94055 Robert N. Polas, Jr, Esquire PA Bar* 201259 Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-4102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES,LLC 140 Corporate Blvd Norfolk, VA 23502 V. Plaintiff No. 11-7474—CIVIL TERM FAYE A.HIPPLE Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that a copy of the foregoing Response to Preliminary Objections was served up n th gunsel for e endant, by First Class Mail, Postage Pre-Paid, a copy thereof on this y of , 2013, to: Michael J. Pykosh, Esq 2132 Market Street Camp Hill, PA 17011 Respectfully Submitted, t By: Carrie A.Brbwn,Esquire#94 5 Robert N.Polas Jr.,Esquire#201259 L/ � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff V. NO. 11-7474 CIVIL FAYE HIPPLE 318 ERFORD RD CAMP HILL PA 17011 C-i r..> Defendant = PRAECIPE FOR ARGUMENT - ,- -<> TO THE PROTHONOTARY OF SAID COURT: o cR s Sell"t 1 o Kindly place this case on the next argument list. This case is to be tried by and n ft-a the following: (List names, addresses, telephone numbers, facsimile numbers and email ad�#IesQe MICHAEL J PYKOSH Carrie A. Brown, Esquire, # 94055 2132 MARKET ST Robert N. Polas, Jr., Esquire, #201259 CAMP HILL, PA 17011 Mark R. Garvey, Esquire, #312686 (T) 7179759446 Portfolio Recovery Associates, LLC (F) 7179752309 120 Corporate Blvd Norfolk,VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff Estimated Time for Hearing: 15 minutes Date: 4arrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Mark R. Garvey, Esquire, #312686 Attorneys for Plaintiff 11-00123 This communication is from a debt collector and is an attempt to collect a delft. w� Any information obtained will be used for that purpose. n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff V. NO. 11-7474 CIVIL FAYE HIPPLE .318 ERFORD RD CAMP HILL PA 17011 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe for Argument upon MICHAEL J PYKOSH,by First Class Mail, Postage Pre-Paid, a copy thereof on this—?6 day of , 2013, to: MICHAEL J PYKOSH 2132 MARKET ST CAMP HILL, PA 17011 Date: Carrie A. Brown, Esquire, #94055 Robert N. Polas, Jr., Esquire, #201259 Mark R. Garvey, Esquire, # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 11-00123 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the'nex Argument Court.) = ------------------------------------------------------------------------------------------------------------ it CAPTION OF CASE (entire caption must be stated in full) r,r- , Portfolio Recovery Associates LLC — -- �a C- ��*r.... vs. �G :. Faye Hipple No. 11-7474 civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Robert N Polas Jr. Esq (Name and Address) 120 Corporate Blvd, Norfolk, VA 23502 (b) for defendants: Michael J Pykosh Esq (Name and Address) 2132 Market Street, PA 17011 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: o Signature Print y name _ �J Plaintiff FOCI I 4ZO14 Attorney for Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Sia `� - 3/07 3Y3 � v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff V. NO. 11-7474 CIVIL FAYE HIPPLE 318 ERFORD RD CAMP HILL PA 17011 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe for Argument upon MICHAEL J PYKOSH ESQ,by First Class Mail, Postage Pre-Paid, a copy thereof on this day of , 2014,to: RT 142014 MICHAEL J PYKOSH ESQ 2132 MARKET ST CAMP HILL, PA 1701 r Date: Carrie A. Brown, Asquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Mark R. Garvey, Esquire, # 312686 Gregory J. Babcock, Esquire, #205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 (T) 1-866-428-8102 (F) (757) 518-0860 Attorneys for Plaintiff 11-00123 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. FiLED-OFFICE THE PROTHONOTARY PORTFOLIO RECOVERVV 18 hti 9: 30 ASSOCIATES, LLC, Plaintiff, CUMBERLAND COUNTY P ENNSYLVANIA V. FAYE NIPPLE, Defendant it (mop of it umberiant IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2011-7474 Civil Term IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE GUIDO, EBERT, and PLACEY, JJ. ORDER OF COURT AND NOW, this 18th day of November 2014, upon consideration of the Defendants' Preliminary Objections to Plaintiffs Amended Complaint, and following Argument on the Objections, Defendant's Preliminary Objections are SUSTAINED and the Plaintiff's Complaint is DISMISSED. Plaintiff has made many of the same string of errors which necessitated filing the Amended Complaint following the 10 May 2013 Order sustaining Defendant's Preliminary Objections to the initial Complaint. Plaintiff has again failed to provide an adequate record of interest compounding on the account and attached only a small vignette of billing statements to the Amended Complaint. Furthermore, Plaintiff has failed to demonstrate a valid assignment of the debt, having attached an electronic record of assignment of a debt owed by a "Theresa Wilson" and a notarized statement from a General Electric representative stating that the records are accurate. Although the records of Theresa Wilson may be accurate in and of themselves, Theresa Wilson is not the Defendant to this action, and there exists not a single indicia of evidence of the alleged debt's assignment to Plaintiff in the Complaint's attachments. In light of the nature of the continued errors in filing this Complaint and the Court having already been granted leave once already to amend the Complaint, dismissal of the Complaint is proper at this time. tribution: Robert N. Polas, Esq. chael J. Pykosh, Esq. CO I.V_S riZai 1:Ert Thomas A. 'lacey C.P.J.