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HomeMy WebLinkAbout12-2485Robert N. Polas, Jr., Esquire PA Bar # 201259 'Carrie A. 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 'Li v' v tJ P "IF F 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. I a.- o q aS l'Vi ( V. BRITTANY HILLEGAS 64 W MAIN ST APT 1 Mechanicsburg PA 17055-6276 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 `a3 S a Any information obtained will be used for that purpose. a*kA ? - - _1 laLt 3 Li 9 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. BRITTANY HILLEGAS 64 W MAIN ST APT 1 Mechanicsburg PA 17055-6276 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 coninlUnication is lroin a debt collector ahd is an attempt to Collect a debt. !'?iiy Hil'ornnation obtained xvill be used i_or 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. BRITTANY HILLEGAS 64 W MAIN ST APT 1 Mechanicsburg PA 17055-6276 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 BRITTANY HILLEGAS, is an adult individual with last known address of 64 W MAIN ST APT 1, Mechanicsburg PA 17055-6276. 3. It is averred that Defendant was indebted to GE MONEY BANK F.S.B. / JC PENNEY on April 26, 2009 with account number ************2410 (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. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. " bis coinrnupleation is fi•orrr a debt collector and is an. attempt to collect a debt. . ny information obtained will be used for that purpose. ,6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on October 16, 2009. 8. 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 $1,660.35. 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, BRITTANY HILLEGAS, in the amount of $1,660.35, plus costs of this action and any other relief as the Court deems just and reasonable. Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-33336 This communication is from a debt collector and is ati attempt to collect a debt. ,:stay infbrn11'Iti0rt_ obtained Nvill be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Itina Spellman hereby states that he/she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date : MAR 2 3 2012 11-33336 By: ?','A MO-- 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 puipose. 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. PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************2410 BRITTANY HILLEGAS Account Holder: BRITTANY HILLEGAS 64 W MAIN ST APT 1 Mechanicsburg PA 17055-6276 Consumer Account Product Code: PVT Issuer: GE MONEY BANK F.S.B. / JC PENNEY Assignee: Portfolio Recovery Associates, LLC Account Number: ************2410 Date Account Opened: April 26, 2009 Date of Last Payment: October 16, 2009 Date of Charge Off: May 26, 2010 Balance at Purchase: $1,660.35 Purchase Date: March 31, 2011 Balance at Charge-Off: $1,660.35 Less Payments: $.00 Balance Due: $1,660.35 11-33336 GECK76 This communication is from a 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, Itina. Spellman 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 March 31, 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 BRITTANY HILLEGAS ("Debtor") to the Account Seller the sum of $1,660.35 with the respect to account number (************2410), as of May 26, 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 $1,660.35 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC By: I ' , Custodian of Records and sworn to before me on MA? ! 8 2012 , 2012 Not Public Jaabn Vita Commonwealth of Virginia Notary Public 11-33336 1110 ?--, Commission No. 7509710 My Commission Expires 113112015 This communication is froin a debt collector and is an attempt to collect: a debt. - nv informati.ol) obtained ??ill be used for that purpose. JCPENNEY 833282333_11 T&C PLCC PDF As c4 1' 213 1 1; 09 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%). DELINWENCY 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. ORAOE`OER FOR REPAYMENT OFTHE BALANCE FOR'PURCHASE,S At least 23 days if you pay your balance in full each month; otherwise, none. `lIdMOD' COMMUTING THE BALANCE ' CHASES 1 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 "bur" 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 @ 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 (1) indicates that the payment constitutes "payment in full" or is tendered as full satisfaction of a disputed amount, or (il) 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. 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. 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 (i) 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's 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; (i) violate any other term of this Agreement; or (ii) 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 (v) 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 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 981402, Ell 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'l 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.ora, (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 "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 p.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 83328233311 T&C PLCC PDF BILL of SALE PRA 120-day Mid Prime - March 2011 GE Money Bank 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 20th 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 March 19, 2011, and as further described in the Agreement. GE Money Bank By- Title: CFO Retailer Credit -ces Inc By: Brent Wallace Title: President General Electric By: Title: Vice resit GEC K 7G SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 5104111r Of ?ulnbe11144A F1;'0-OFF'1C#L f #lE PROTHCNOTARr ' Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF .CE 19 'A'TM ?,"ERIFF 21712 MAY 22 AM 9: 08 CUMBERLAND COUNTY PENNSYLVANIA Portfolio Recovery Associates, LLC Case Number vs. 2012-2485 Brittany Hiliegas SHERIFF'S RETURN OF SERVICE 05/18/2012 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Brittany Wages, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Brittany Hilleges. Request for service at 64 W. Main Street, Apartment 1, Mechanicsburg, Pennsylvania 17055 the Defendant was not found. The Mechanicsburg Postmaster has confirmed, Brittany Hillegas is not known at this address. SHERIFF COST: $43.00 May 18, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, TeleosoR, Inc. K F ILEO-OF F ICL Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire ZF THE ppoTgo"OTARY Attorney ID # 94055/201259 Portfolio Recovery Associates, LLC 2012 JUN 28 140 Corporate Blvd. Norfolk, VA 23502 WWRLAND COWTY Attorneys for Plaintiff rEIMSYLV"'A 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. BRITTANY HILLEGAS 64 W MAIN ST APT 1 Mechanicsburg PA 17055-6276 Defendant No. CV-12-2485 PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respectful ubmitted, Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff 11-33336 This letter 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 Attorney ID # 94055/201259 Portfolio Recovery Associates, LLC 140 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 140 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff No. CV-12-2485 V. BRITTANY HILLEGAS 64 W MAIN ST APT 1 Mechanicsburg PA 17055-6276 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Dismiss upon BRITTANY HILLEGAS b First Class Mai Postage Pre-Paid, a copy thereof on this T_- day of " e , 2 to: BRITTANY HILLEGAS 64 W MAIN ST APT 1, Mechanicsburg PA 17055-6276 Date: ? 90 Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff 11-33336 This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.