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HomeMy WebLinkAbout12-0614Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 , Portfolio Recovery Associates, LLC' 140 Corporate Blvd. '-`^OT?lOtIOT?rt, Norfolk, VA 23502 TELE: 1-866-428-8102 FEB -, ?? ?? ? FAX: 757-518-0860 ?! Attomevs for Plaintiff ?t t tlki+ RLA1ao_CoUt+Tt ppitlb 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. WAYNE MORRIS 4833 BRIAN RD MECHANICSBURG PA 17050 Defendant NOTICE No. d ?ca- ul T (11-Vi'( 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. Any information obtained will be used for that purpose. q4L9.7Sfd a? a ?fi, ckA+13y5"7 UU611 R O 970L{ 4 b 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 2,3502 : Plaintiff No. V. WAYNE MORRIS 4833 BRIAN RD MECHANICSBURG PA 17050 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 PAPEI, 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 11ri5 OtlMEMIDMItiOtt is from a debt collector and is an ?ittenjpt to collect a Any iRrfottnatiwt obtained tivill he us -d !"or that pwpose. 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.. WAYNE MORRIS 4833 BRIAN RD MECHANICSBURG PA 17050 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant WAYNE MORRIS, is an adult individual with last known address of 4833 BRIAN RD, MECHANICSBURG PA 17050. It is averred that Defendant was indebted to GE MONEY BANK, F.S.B. / LOWES on August 10, 2008 with account number ************3882 (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. 1 tai , , oz tt? ic:atio- is from a dent collector and i,? an attc m,)t t j c oilect a dehl, t y i.,t , 1,,, ion obtained X011 be ttsed fist, tl?it url?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 June 8, 2010. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK, F.S.B. / LOWES 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 $1,330.07. 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, WAYNE MORRIS, in the amount of $1,330.07, plus costs of this action and any other relief as the Court deems just and reasonable. A V Robert N. Polas Jr., Esquire # 201259' --- Carrie A. Brown, Esquire # 94055 11-17687 €;c?€r7inuniccation is Irom a debt c€ lle=ctoi and is an attempt to collect _t <3ehI.. nv information obtained will be uss,,d 4i= ifint purpose, VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Tanya Hollenbeok 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 BY. • Tqgf? ollenbec Custo ' n of ecords 11-17687 This communication is from a debt collector and is an attempt to collect a debt. Any inforrm tion 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: ************3882 WAYNE MORRIS Account Holder: WAYNE MORRIS 4833 BRIAN RD MECHANICSBURG PA 17050 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase: Purchase Date: Product Code: PVT GE MONEY BANK, F.S.B. / LOWES Portfolio Recovery Associates, LLC ************3882 August 10, 2008 June 8, 2010 January 17, 2011 $1,330.07 February 28, 2011 Balance at Charge-Off: $1,330.07 Less Payments: $.00 Balance Due: $1,330.07 11-17687 GECK51 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, _ Tanya Hollenbe* 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. / LOWES ("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 February 28, 2011. 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 WAYNE MORRIS ("Debtor") to the Account Seller the sum of $1,330.07 with the respect to account number (************3882), as of January 17, 2011 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 $1,330.07 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC By: T&P Holler , Custodian of Records \IJ Subscribed and sworn to before me on JAN V 2012 '2011 Notary Public Tanya Brown Commonwealth of Virginia 11-17687 Notary Public Commission No. 7155640 I 0 My Commission Expires 1113012015 IhiS 0 i :nuu'"101on ix ft( i a debt collector a:_,id is an atteinim to collect a debt. All, ,. .?- obtain .I ; >'I i used for that purl)o,:c. 0 GE Money Bank SILT. of SALE MA, >F'resb - JW ai'v 2011 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 20* day of December, 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 January 19, 2011, and as further described in the Agreement. GE Money Bank By: Title: CFO Retailer Credit Services Inc ----- By: Title: President General Electric CapitA Corporation By: Title: V GECWK51 LOWE'S 833282333_23 T&C PLCC PDF LOWE'S CREDIT ,.D PRICING INFORMATION As ot 12/31/09 R? R ? CHASES The Annual Percentage Rate for Purchases is 22.99%. 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 .06299% (ANNUAL PERCENTAGE RATE 22.99%). DELINQUENCY APR The Delinquency APR is 26.99%. The Periodic Rate and corresponding APR for all Account balances (including promotional rates) may be increased if you fail to make a Minimum Payment to us when due, you make a payment to us that is not honored by your bank or you exceed your Credit Limit. The delinquency rate ("Delinquency Rate") for a billing period will be .07395% (ANNUAL PERCENTAGE RATE 26.99%). If we increase your Periodic Rate, the new Periodic Rate will be equal to the Delinquency Rate, or at our discretion a lower rate. The increased Periodic Rate will apply to your existing balances and future transactions and will take effect as of the first day of the billing period in which your missed or returned payment was due or in which you exceeded your Credit Limit. The Delinquency Rate may apply indefinitely. GRACE PERIOD FOR AYMENT OF THE BALANCE FOR PURCHASES At least 22 days if you pay your bAhfice in full each month: ulh??,vise n?? u;. METHOD OF COMPUTING THE BALANCE FOR PURCHASES Daily Balance (including new purchased' MINIMUM' FINANCE C14ARGE $1.00 Late Payment Fee: The Late Payment Fee will be $0 for a Balance of $14.99 or less; $10 for a Balance of $15 - $49.99; $20 for a Balance of $50 - $99.99; $30 for a Balance of $100 - $499.99; and $39 for a Balance of $500 or more. Returned Check Fee: $29.00 * METHOD OF COMPUTING THE BALANCE SUBJECT TO FINANCE CHARGE. A. 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 posted to your Account by the Payment Due Date is at least equal to the Previous Balance. B. To determine the Account balance subject to Finance Charge, we take the beginning balance of your Account each day, 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, Late Payment Fees, and Returned Check Fees assessed that day. Debt cancellation fees and credit 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. GE MONEY BANK CREDIT CARD AGREEMENT RETAIL INSTALMENT CREDIT AGREEMENT Nonnegotiable Consumer Note 1. GENERAL. This Agreement ("Agreement") governs your Lowe's credit card account ("Account"). In this Agreement and your billing statement ("Statement"), "we", "us", and "our" means GE Money Bank, 170 West Election Drive, Suite 125, Draper, UT 84020; "you" and "your" means all persons who we approve to use the Account; and "Card" means your Lowe's 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 Account to purchase goods or services ("Purchases"), up to any credit limit we may establish ("Credit Limit"). We may decline to authorize any Purchase or change your Credit Limit at any time. You may use your Account only for personal, family or household purposes. 3. 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. 4. FINANCE CHARGES. A. The Finance Charge for a billing period is calculated by applying the 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 .06299% (ANNUAL PERCENTAGE RATE 22.99%). C. The Periodic Rate and corresponding APR for all Account balances (including promotional rates) may be increased if you fail to make a Minimum Payment to us when due, you make a payment to us that is not honored by your bank or you exceed your Credit Limit. The delinquency rate ("Delinquency Rate") for a billing period will be .07395% (ANNUAL PERCENTAGE RATE 26.99%). If we increase your Periodic Rate, the new Periodic Rate will be equal to the Delinquency Rate, or at our discretion a lower rate. Our decision may be based on factors such as the timing or seriousness of any default, your payment and purchase history on this Account and other indications of Account performance. The increased Periodic Rate will apply to your existing balances and future transactions and will take effect as of the first day of the billing period in which your missed or returned payment was due or in which you exceeded your Credit Limit. We may also change rates or other terms as provided in the Termination/Change in Terms section of this Agreement. 5. BALANCE SUBJECT TO FINANCE CHARGE. A. 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 posted to your Account by the Payment Due Date is at least equal to the Previous Balance. B. To determine the Account balance subject to Finance Charge, we take the beginning balance of your Account each day, 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, Late Payment Fees, and Returned Check Fees assessed that day. Debt cancellation fees and credit 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 !ero. 6. WHEN FINANCE CHARGES BEGIN TO ACCRUE. If there is no Previous Balance for the billing period or the sum of your payments and credits posted to your Account by the Payment. Due Date 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 posted to your Account by the Payment Due Date is riot at least equal to that 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. 7. PAYMENTS. A. You must pay at least the Minimum Payment on your Statement by 5:00 p.m. (En on 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. Any time the Standard Rate is applicable to your Account, your Minimum Payment initially will be the sum of (i) the greater of: (a) 1/34th of the New Balance shown on your Statement, rounded to the next highest dollar, or (b) $15, plus (ii) the monthly charges for any optional credit insurance or debt cancellation product you have elected to purchase for your Account. Any time the Delinquency Rate is applicable to your Account, your Minimum Payment initially will be the sum of (i) the greater of: (a) 1/30th of the New Balance shown on your Statement, rounded to the next highest dollar, or (b) $15, plus (ii) the monthly charges for any optional credit insurance or debt cancellation product you have elected to purchase for your Account. However, 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 the greatest of $15, the Minimum Payment calculation stated above, rounded to the next highest dollar, or the sum of 1 % of your New Balance plus finance charges and late fees billed on your Statement, rounded to the next highest dollar. In each case, (i) if your New Balance is less than $15, your Minimum Payment will be equal to the New Balance, and (ii) if your New Balance is greater than $15, your Minimum Payment also will include any past due amounts and any payment due in connection with a specific promotional purchase. B. All written communications concerning disputed amounts, including any check or other payment instrument that (Q indicates that the payment constitutes "payment in full" or is tendered as full satisfaction of a disputed amount, or (IQ is tendered with other conditions or limitations ("Disputed Payments'l, must be mailed or delivered to us at the address for billing inquiries shown on the Statement, not the Payment Address nor at a Lowe's Store. C. All payments, except Disputed Payments, must be mailed or delivered to us at the address shown on your Statement (the "Payment Address") or paid at a Lowe's Store in the United States. 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 about any fees for Pay by Phone services and any fee for making an online payment will be disclosed to you online. Any payments received after 5:00 p.m. (El) on any day will be credited as of the next day. Credit to your Account may be delayed up to five days if payment (a) is not received at the Payment Address or is not paid at a Lowe's Store in the United States, (b) is not made in U.S. dollars drawn on a U.S. financial institution located in the U.S., (c) is not accompanied by the remittance coupon attached to your statement, (d) contains more than one payment or remittance coupon, (e) is not received in the remittance envelope provided or (f) includes staples, paper clips, tape, a folded check, or correspondence of any type. You understand, however, that payments may not be made, and may not be deemed received by us, at any location other than the Payment Address, at a Lowe's store in the United States 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 customer service at 1-800-444-1408. 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 item 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. 8. FEES. You agree to pay the following fees. A. If we have not received your required Minimum Payment by 5:00 p.m. (ET) on the Payment Due Date shown on your Statement, we may impose a Late Payment Fee, based on your New Balance at the time your delinquent Minimum Payment was calculated, as indicated below: New Balance $14.99 or less $15-$49.99 $50-$99.99 $100 - $499.99 $500 or more Late Payment Fee $0 $10 $20 $30 $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. 9. CANADIAN TRANSACTIONS. In addition to making Purchases from Lowe's in the United States, your Card can also be used to make Purchases from any Lowe's store in Canada (each such Purchase, a "Canadian Purchase"). In addition to all other provisions of this Agreement, the following additional terms will apply to each Canadian Purchase. A. If you make or return a Canadian Purchase in Canadian dollars, we will convert the transaction amount into U.S. dollars using our currency conversion procedure. Under the currency conversion procedure that we currently use, the Canadian dollar transaction amount is converted into a U.S. dollar amount by multiplying the transaction amount in the Canadian dollar currency by a currency conversion rate. The currency conversion rate that we currently use is a prevailing foreign exchange rate selected in our discretion. The currency conversion rate that we use for a particular transaction is the rate in effect when we do the conversion. This rate may differ from the rate in effect when the Canadian Purchase or return occurred or when it was posted to your Account, and may be higher or lower than the rate you could have gotten if you had converted U.S. dollars into Canadian dollars. B. Returns of Canadian Purchases will be subject to Lowe's return policies. Under the return policies currently in effect, a Canadian Purchase can only be returned at a Lowe's store in Canada and cannot be returned at a Lowe's store in the United States. In the event that a United States Lowe's store does permit the return or exchange of the Canadian Purchase, the Lowe's store will not issue a credit to your Account for the Canadian Purchase amount. For example, the United States Lowe's store, in its discretion, may provide you with other merchandise, a gift card or cash in exchange for the Canadian Purchase. The Canadian Purchase amount will continue to be a part of your Account balance, and you will remain responsible for paying the Canadian Purchase amount.. 10. SECURITY INTEREST. You grant us a purchase money security interest in each item of merchandise purchased on your Account to secure its unpaid purchase price until such merchandise is paid in full. Solely for the purpose of determining the extent of our purchase money security interest in each such item of merchandise, your payments will be allocated first to Finance Charges on the Account, and then to pay off each Purchase on the Account in the order in which the Purchase was made (if more than one item was purchased on the same day, your payments will be allocated to pay off the lowest priced item first). If you made a Purchase pursuant to a credit promotion, the balance with respect to the promotional Purchase may be shown on Statements during the promotional period and may reflect a different payment allocation method. In no event will we assert a security interest in the promotional Purchase for an amount greater than the lowest balance shown on a Statement for that promotional Purchase. We agree that no security interest is or well be retained or acquired under this Agreement in any real property which is used or is expected to be used as your dwelling. 11. 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. 12. 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. 13. 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. 14. 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 981401, El Paso, TX 79998-1401 or by calling us at 1 -800-444-1408. 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 1-800-444-1408. 15. 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 concerning 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 981400, El Paso, TX 79998-1400. 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. 16. 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 Lowe's Companies, Inc. (and its affiliates) for use in connection with the Lowe's credit card program, including to create and update their customer records, to assist them in better serving you, and to provide you with special promotions. 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. 17. TELEPHONE MONITORING. To ensure that you receive accurate and courteous customer service, on occasion, your call may be monitored by our employees or agents and you agree to any such monitoring. 18. 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. 19. 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. 20. 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. 21. 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 OR YOUR RELATIONSHIP WITH US ("CLAIM") WILL BE RESOLVED BY BINDING ARBITRATION IF EITHER YOU, WE OR LOWE'S 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 these terms. 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 ?9998-1429. This is the only method you can use to reject the arbitration provision. As used in this provision: "We," "Us," and "Our" means (1) GE Money Bank and all of its respective parents, subsidiaries, affiliates, predecessors, successors, assigns, employees, officers and directors (collectively, the "Bank"), and (2) Lowe's Companies, Inc, and all of its respective parents, subsidiaries, affiliates, predecessors, successors, assigns, employees, officers and directors (collectively, "Lowe's"), if Lowe's is named as a co-party with the Bank in a Claim asserted by you. 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 Operation, 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.org, (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: These terms involve interstate commerce and this arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. Section 1 of seq. (the "FAA"). Utah law shall apply to the extent state law is relevant under Section 2 of the FAA 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 FAA; 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 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. 22. GOVERNING LAW. 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. 23. 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 riot sell, assign or transfer any of your rights or obligations under this Agreement or your Account. 24. 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. 25. 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. LOWE'S 833282333_23 T&C PLCC PDF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?auntit?4114 FILED-uFic OF THE PROTHONO B'AR'( 1011 FEB 15 AN IQ= 02 CUMBERLAND COUNTY PENNSYLVANIA Portfolio Recovery Associates, LLC vs. Wayne Morris Case Number 2012-614 SHERIFF'S RETURN OF SERVICE 02/07/2012 07:52 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 7, 2012 at 1952 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Wayne Morris, by making known unto himself personally, at 4833 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.00 February 09, 2012 RYAN BUR T, SO ANSWERS, RONK'FY R ANDERSON, SHERIFF Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Gregory J. Babcock, Esquire Attorney ID # 94055/201259/312686/205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 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 v. WAYNE MORRIS 4833 BRIAN RD MECHANICSBURG PA 17050 Defendant No. 2012-614 CIVIL PRAECIPE TO SETTLE DISCONTINUE AND END PLEASE MARK THE ABOVE -CAPTIONED ACTION AS SETTLED, DISCONTINUED AND ENDED. 11-17687 Res subm ed, e N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Gregory J. Babcock, Esquire PA Bar # 205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Gregory J. Babcock, Esquire Attorney ID # 94055/201259/312686/205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 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. 2012-614 CIVIL v. WAYNE MORRIS 4833 BRIAN RD MECHANICSBURG PA 17050 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle Discontinue and End u this 11-17687 day of YNE MORRIS by First Class Mail, Postage Pre -Paid, a copy thereof on , 2014, to: WAYNE MORRIS 4833 BRIAN RD mr HANICSBURG PA 17 . Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Gregory J. Babcock, Esquire PA Bar # 205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff This communication is from a debt collector and is an attempt to collect a debt. Any infrsr-rnnt;,-,...