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HomeMy WebLinkAbout12-4099Robert 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 9 PH 1, 3 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. DYRAN ALTENBURG 411 BRIAN CT MECHANICSBURG PA 17050 Defendant NOTICE No. t2 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 ? ?03 05 7Spof (717) 249-3166 1 ?'t Pennsylvania Lawyer Referral Service ?*1906)6S_ (800) 692-7375 ?#-a ?7 yoa This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 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. DYRAN ALTENBURG 411 BRIAN CT 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 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 SERV ICIOS 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 1-111s cornmunication is 1iom a debt. collector and is an '11tenipt to Collect ;t dcht. 1 ?ti i? l<}rtt3atic: ?1 obtained Will l0e Used i6r 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. DYRAN ALTENBURG 411 BRIAN CT 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 DYRAN ALTENBURG, is an adult individual with last known address of 411 BRIAN CT, MECHANICSBURG PA 17050. It is averred that Defendant was indebted to GE MONEY BANK F.S.B. / WAL-MART on December 20, 2002 with account number ************6574 (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. come unicallon is from a dclit collector and is all attetnl?t to Collect a d bt. %,n, inlbrination obtaltied will lit; uscd for that purpo e. 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. 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 May 1, 2010. Plaintiff is the purchaser, assignee and/or successor in interest GE MONEY BANK F.S.B. / WAL-MART 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 $2,260.06. 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, DYRAN AL action and any other relief as the Court deems just in the amount of $2,260.06, plus costs of this able. Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 12-05676 Hiis conic-nu nication is from a debt collector € tid is t111 atteinlit to collect "i tohl. =1,ny inf mnattion obtained will be LISCd fcn° that purpose, VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Mary L. Moore 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 : JUN 13 ZOV 12-05676 l? By: Mary L. Moore Custodian of Records This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. EXHIBIT A This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************6574 DYRAN ALTENBURG Account Holder: DYRAN ALTENBURG 411 BRIAN CT 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. / WAL-MART Portfolio Recovery Associates, LLC ************6574 December 20, 2002 May 1, 2010 September 10, 2010 $2,260.06 July 29, 2011 Balance at Charge-Off: $2,260.06 Less Payments: $.00 Balance Due: $2,260.06 12-05676 GECL92 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, Mary L. Moore 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. / WAL-MART ("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 July 29, 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 DYRAN ALTENBURG ("Debtor") to the Account Seller the sum of $2,260.06 with the respect to account number (************6574), as of September 10, 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 $2,260.06 as due and owing as of the date of this affidavit. Po io Recovery Associates, LLC By: M L. Moo , Custodian of Records 13 and sworn to before me on ofc?uN ZoV 2012 VZ Public ;laseq ?iita Eommonwealth of Virginia Notary PubI c ? ?. Commission No. 7509710 My Commission Expires 1/31/201 5 5 I In' commUlliCiffl ll i> 11-ont it debt cc?l lector and is an attempt to collect a debt. \ny aJ'0rmat1'on obtained w'll he used for tliat purpose. BILL of SALE PRA 120-day Mid Prime - July 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 July 19, 2011., and as further described in the Agreement. GE Mone Bank By: Title: CFO Retailer Credit ZServices Inc B Y: Z:? Title: President General Electric Capital Corporation By: Title: Vice President GECI 92v I oft ?r GE Money Bank BILL of SALE PRA 120-day Mid Prime - July 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 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 July 19, 2011, and as further described in the Agreement. GE Money Bank By: Title: CFO Retailer Credit Services Inc By: Title: President General Electric Capital Corporation By: ?Lwyldi -T 11? I 1 Title: Vice President GECL9Z .F 1 Walmart '.',"'., Save money. Live better. Walmart® DYRAN N ALTENBURG Visit us at walmart.com/credit Credit Card Account Number: 574 Customer Service: 1-800-641-4526 Summary of Account Activity Payment Information Previous Balance $1,982.30 New Balance $2,174.45 - Payments $76.00 Minimum Payment This Period $91.00 + PurchaseslDebils $126.74 Amount Past Due $197.00 + Fees Charged $89.00 Total Minimum Payment Due $288.00 + Finance Charges $52.41 Ovedimit Amount $264.45 New Balance $2,174.73 Payment Due Date 0 6/0 512 0 1 0 Credit Limit Available Credit Cash Advance/Quick Cash Limit Available Cash Statement Closing Dale Days in Billing Cycle If you make no You will pay off And you will end additional charges the balance up paying an using this card shown on this estimated total and each month statement in of.- YOU pay .... about ... Only the minimum 11 years $4,702.00 payment If you would like information about: credit counseling services, call 1-877-302-8775. Transaction Summary Tran Date Post Date Reference Number Late Payment Warning: If we do not receive your minimum $1,910 payment by the date listed above, you may have to pay a late $0.00 fee up to $39.00 and your APRs may be increased up to a $200 Penalty APR of 29.90%. $0.00 Minimum Payment Waning: If you make only the minimum payment each period, you will pay more in interest and it will 05/10/2010 take you longer to pay off your balance. For example: 30 04/14 04114 F9112DOFROODQSAUT 04/14 04114 F911200FR000Q5104 04/14 04!14 04/23 D4123 P9112D0G100XS6H16 04/23 D4123 F9112DOG60DDQ5001 04128 D4128 F9112DOG600DOSAUT 05/01 05101 P911200GAOOXTMJGO 05/05 D5/D5 05/10 D5/10 Finance Charge Calculation Description of Transaction or Credit Plan Type Amount RETURNED CHECK CHG REG $25.00 ADJUSTMENT-PAYMENTS $100.00 'FINANCE CHARGE' PREY CYCLE $0.74 PURCHASES PHONE PAYMENT-THANK YOU ($26. DO) ATLANTA GA ADJUSTMENT-PAYMENTS $26.00 RETURNED CHECK CHG REG $25.00 PHONE PAYMENT-THANK YOU ($50.00) ATLANTA GA LATE FEE $39,00 'FINANCE CHARGE' $52.41 Average Expiration Plan Daily Date Type Balance Regular Purchases & Cash NA R£G $2,132.68 Advances ANNUAL PERCENTAGE RATE ...................................... 30.32% Corresponding Daily ANNUAL FINANCE CHARGE Periodic PERCENTAGE Rate RATE 0.08192% 29.9096 $52.41 TOTAL FINANCE CHARGE:$53.15 Cardholder News and Information Important Payment Information -Payments made in Sam's Clubs or Walmart Stores using a combination of checks, cash or debit will now appear on your statement as a separate payment amount for each tender type utilized (check, cash or debit). For example: A $75 check and $25 in cash presented as a $100 total payment will appear as separate payments on your statement transaction summary. PAYMENT D BY P.M. (T7 ON THE DUE DATE, NOTICE We may convert your payment into an electronic debit. See reverse for details, Billing Rights and other important information. 5404 EFH 1 7 10 100510 EX PAGE 1 cf 1 9112 3500 0251 OIC15404 Detach and mail this portion with your check. Do not include any correspondence with your check. -? Account Numb 574 Walmart.*; b, Total Minimum Amount Payment Due OveHlm e Save money. Uve better. Payment Due Past Due Date Amount $288.00 $197.00 06/05/2010 $264.45 $2,174.45 Payment Enclosed: $ 11 ? ? ? ? e ? ? Please use blue or black ink. I'I1 1 New address or email? Print changes on back. DYRAN N ALTENBURG 411 BRIAN CT MECHANICSBURG PA 170504620 Make Payment To: WALMART/GEMB P.O. BOX 530927 ATLANTA, GA 30353-0927 Customer ServkmGuestlons: Foraccount information. please call the loll free numberon the front of this statement, Unless your name is listed on this statement, your access to informallon on the account may be limited. You may also mail questions (but not payments) to: P.O. Box 981470, Ell Paso, TX 799981470 Please include your account number on any correspondence you send to us. Payments: Send payments to the address listed on the remit portion of this statement or pay online Notice: See below for your Billing Rights and other important information Telephoning about billing errors will riot preserve your rights under federal law. To preserve your rights, please write to our Billing Inquiries Address, P0. Box 981470, El Paso, TX. 79998-1470. Purchases, returns, and payments made just prior to billing date may not appear until next month's statement. We reserve the right to obtain payment electronically forany check orother instrumenlthalyou send to us by Inflicting 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 eolleetod electronically by sending your payment (with the payment stub), in your own envelope- nottheenclosed window envelope, addressed to: P.O. Box 911098, Orlando, Fl. 32 89 6-009 8 and not the Payment Addross. What To Do If You Think You FmdA Mistake On YourStatemeal If you think there is an error on your statement, wrtle to us at: GE Money Bank, PC. Bar g81470. El Paso, TX 79998-1470 or you may also contact us on the Web at wwwwairnart.com/credd. In your letter, give us the following information . Account information: Your nameand account number . Doyaramount The dollaramount of the suspected error. Description ofproblem: If you think there is an error on your bill. describe what you believe is wrong and why you believe 4 is a mistake You must contact us within 60 days afterthe error appeared onyourstatemenl. You must notilyus of any potential errors inwriting(orelectronk:ally) You maycall us, but if you dowe are not required to investigate any potential errors and you may have to pay the amount in question While we investigate whether or riot there has been an error the following are true.. We cannot tryto collect t he amount in question, orreport you as delinquent on that amount -The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest brother fees related to that amount. -While you do riot have to pay the amoud in question, you are responsible for the remainder of your balance.. We can apply any unpaid amount against your credit limit. YourRights IF You Are DissatisfiedWfth Your Credit CadPurchal If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tiled in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, allot the following must be true: l) The purchase must have been made in your fame state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the companythat sold you the goods or services.). 2) You must have used your credit card forthe purchase. Purchases madewilh cash advances from an ATM orwith a checkthat accesses yourcredit card account do ral quafify 3) You must not yet have fully paid forthe purchase. If all of the criteria above are met and you are still dissatisfied with the purchase contact us inwrifing (or electronically) at: PC. Brit 981470, El Paso, TX 791 (wwwwalmartcom/creditl. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you as decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Information About Payments: You may pay more than the Totat8lfnimum Payment at anytime. Payments received after 5:00 PM (ET) on any day will be credited as of the next day. Credit to your Account maybe delayed up to five days it payment (a) is no[ received at the Payment Address. (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 toyourslatement, (d) contains more than one payment or remittance coupon, (e) is rat received in the remittance envelope provided or (1) includes staples, paper clips, tape, a folded check, or correspondence of any type Conditional Payments: All Often communications concerning disputed amounts, including any check or other payment instrument that: (i) indicates that the payment constitutes "payment in full' or stendered as full satisfaction of a disputed amount, or (ii) is tendered with otherconditionsor limitations r0isputedPayments'),must be mailed or delivered to us at PO Box 981470, El Paso, TX 7999&1470 Credits To Your Accounk An amount shown in parenthesis is a creditor credit balance unless otherwise indicated. Credits will be applied to your previous balance immediately upon receipl, but will not satisfy any required payment that may be due. Telephone Moofforil To ensure that you receive accurate and courteous customer service, your telephone calls with us may be monitored by our employees or agents and you agreeto this monitoring. Credit Reports and Account Information: If You believe that we have reported inaccurate information about you to a consumer reporting agency, please contact us at P0. Box 981471, El Paso, TX 79998-1471. In doing so, please identify the inaccurate information and tell us why you believe it is ncorrect. If you have a copy of the credit report thatircludestheinaccurateinformation,pleaseincludeacopyofthatreport. We may report information about youraocounttocredit bureaus. Late payments, missed payments, or otherdefaults on your account maybe reflected in your credit report fnAormation About Fnance Charges: There will be no balance subject to Finance Charge for a billing period if there is no Previous Balance on you Account forthe billing period orthe sum of your payments and credits on your Account during the billing period is at least equal to the Previous Balance, In alI jurisdictions. except PR, each day during the billing period. we will figure a'Daily Balance" on your Account. The Daily Balance is determined by taking the beginning balance for that day, which inckbdes any unpaid Finance Charges, add any new Purchases and other debits assessed that day and subtract any payments made and credits issued on that day This gives us the Daily Balance. Any Daily Balance less than zero will betreated as zero. We then multiplythe Daily Balance by the applicable periodic rate and add that daily Finance Charge to the balance to determine that day's closing balance, which will be the beginning balance for the following day. At the end of the billing period, we add up the results of the daily Finance Charge calculations to get the total Finance Charge lirlhe billing period. Credit insurance premiums and debt cancellation fees, if any, are not included in the daily balance. Late Payments Fees and Returned Check Fees.. if any are included in the daily balance. You can determine this Finance Charge by applying the daily periodic hate to the balance subject to Finance Charge multiplied by the numberof days in the billing period In PR, we figure the balance subject to Finance Charge using the`AverageDaily Balance" calculation method Each day we take the beginning balance of your Account, and subtract any payments, other credits applied to that balance that day, and any unpaid Finance Charges. We also add any new Purchases andotherchar(lasassessed that day. This gives us the Daily Balance. Then we add up all the cady balances in the billing period and divide the total by the number of days in the billing period. This gives us the Average Daily Balance. Any Average Dally Balance of less than zero will be treated as zero Late Payment Fees, Returned Check Fees, credit insurance premiums and debt cancellation fees, If any, are not included in the daily balance. In all jurisdictions. if there is no Previous Balance for the billing period or the sum of your payments and credits for the billing period sa least equal to the Previous Balance, new Purchases and othercharges 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 It there is a Previous Balance for the billing period including any balance of Purchases made under any Special Payment Plan, and the sum of your payments and credits for the billing period is not at least equal to that Previous Balance new Purchases and other charges will begin to accrue a Finance Charge from the later of the date of the transaction orthe first day of the billing period in which the transaction is pasted to your Account. Gran Pwfod: Unless promotional purchases call for special terms, addition I Finance Charges can be avoided If we receive the entire New Balance by the Payment Due Date. Bankruptcy Notice: If you file bankruptcy you must send us notice, including account number and all information related to the proceeding to the following address: GE Money Bank, Attn: Bankruptcy Dept., PO Box 103104, Roswell, GA 30076. Youraecount is owned and servfnd by GE Money Bank For com pleleterms and conditions of your account, consult your Credit Card Agreement Hearing Impaired: TOD users call 1-1305-444-1732, 010 15404 -1 - 0170612010 Use of Information About You and Your Account: Our Privacy Policy describes our collection and disclosure of information about you and your Account. It you would like another copy of the Privacy Policy, please call us at the customer service telephone number indicated on the front of this statement. This is an attempt to collect a debt and any information obtained will be used for that purpose By providing a telephone number on my account, I consent to GE Money Bank and any other owner or servicer of my account contacting me about my account, including using any contact information or cell phone numbers I provide, and I consent lo the use of my automatic telephone dialing system andloran artificial orprerecorded voice when contacting me, even if I am charged forthe call under my phone Man. For changes of address, phone number and/or email, please check the bm and print the changes below Name Street Address ? City St Zip Phone # E-mail Home Phone a Business Phone ft Cell # or other phone If we can use Email Address to contact you BY PROVIDING YOUR EMAIL ADDRESS YOU AGREE TO RECEIVE EMAIL COMMUNICATION ABOUT YOUR ACCOUNT AND ALSO GIVE PERMISSION FOR US TO PROVIDE YOUR EMAIL ADDRESS TO WALMART. Walmart® Credit Card Summary of Account Activity Previous Balance - Other Credits Credit Limit Available Credit Cash Advance/Quick Cash Limit Available Cash Statement Closing Date Days in Billing Cycle DYRAN N ALTENBURG Visit us at walmart.com/cred t Account Number, -6574 Customer Service: 1-600-64114526 $2,260.06 $2,260.06 $1,910 $0.00 $2DO $0.00 09/10/2010 29 Payment Information New Balance $O. DO Minimum Payment This Period $346.00 Amount Past Due $0,00 Total Minimum Payment Due $346-DO Payment Due Date 09/12/2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $35.OD. Tran Date Post Date Reference Number Description of Transaction or Credit Plan Type Amount 09110 09/10 F91120OLD00999990 CHARGE OFF ($1,873.63) ACCOUNT-PRINCIPALS 09110 09/10 F91120OLD00999990 CHARGE OFF ACCOUNT *FINANCE ($386.43) CHARGES` FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED 09110 09/10 INTEREST CHARGE ON PURCHASES $0.00 09110 09110 INTEREST CHARGE ON CASH $0.00 ADVANCES TOTAL INTEREST FOR THIS PERIOD $0.00 2010 Totals Year-To-Date Total Fees charged in 2010 $O.DO Total Interest charged in 2010 $172.49 Interest Charge Calculation Your Annual Percentage Rate (APR)s the annual interest rate on your account. Type of Balance Expiration Plan Annual Percentage Balance Subject to Interest Charge Date Type Rate Interest Rate Regular Purchases & Cash NA REG 29.90% $0.D0 $0.00 Advances Cardholder News and Information The year to date information shown on this statement reflects a partial year, starting from the time the information first appeared on your billing statement. PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE NOTICE We may convert your payment into an electronic debit. See reverse for details, Billing Rights and other important information. 5404 BFN 1 5 10 100910 Z X PAGE 1 of 1 9112 3500 0251 01CS5404 Detach and mail this portion with your check. Do not include any correspondence with your check. Walmart ? Account Number: 574 A Total Minimum Amount Payment Due Ovedimlt New Balance Sava money. Live better. Payment Due Past Due Date Amount $346.00 $0.00 09/1212010 $0.00 $0.00 -- Payment Enclosed: , ? ? ? ? ?? . ? ? Please use blue or black ink, New address or email? Print changes on back. DYRAN N ALTENBURG 411 BRIAN CT MECHANICSBURG PA 170504620 Make Payment To: WALMART/GEMB P.O. BOX 530927 ATLANTA, GA 30353-0927 CustoroarSwWoa/Questlons: For account information, please call theta free number on the front of this statement. Unless your name is listed on this statemeviuraccesstoinformationontheaccouMmaybelimited.Youmayalsomailquestions(butnutpayments)to P..O.9ox081470,FJPaso TX 79888.1470 Please include youreocountnumber ananycorrespondenceyousendtous Payments: Send payments to the address listed on the remittance portion of this statement or pay online Notice: Soo below for your Billing Rights and olherimp"ritinformation Telephonirr?ggaboutbilling errors will not preserve your rights under federal law To preserve your rights, please vvdtetoourBillirgInquiries Address, P.O.Box 961470.EIPaso,TX79998-1470. Purchases, returns, and payments made ust prior to billing date may not appear until new month's statement. When you provide a check as payment. vnu authorize us either to use information 9m vour checkto make a one-time electronic fund transfer from vour account orto process the oavmem as a check transaction. When we use information from your check to make an electronic fund transfer, funds maybe withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. You may choose not to have your payment cdMcted sleclronfeally by Banding your payrrwM Owlth the payment stub), in your own envelope -not the enclosed window envelope, _addressed to:P.O.Box960098,Odando,FL32898-0098 BndnolthePayinsirl mss. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: GE Money Bank PO Box 981470 El Paso, TX 7WOB-1470 In your letter. gore us the following information: • Account information: Your name and account number. • OoAremount The dollar amount of the suspected error • Oascription of Fribi If you think [here is an error on your bill, describe whal you believe is wrong andwhy you believe it is a mistake You must centad us within 60 days alter the error appeared on your statement. You must notify us of any potential errors in writlng You maycall us, but if you do we are not required to investigate any potential errors and you may have tc pay the amount in question. While we investigate whether or not there has been an error, the following aretrue: • We cannot try to collect the amount in question, or report you as delinquent onthat amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. Bull, if we determine that we made a mistake, you will not have to pay the amount in question or any imerest or other fees related to that amount. • While you do not have to pay the amount in question you are responsible lot the remainder of your balance. • We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied Mh Your CmdN Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true, 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than K. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the comparrythat sold you the goods orservices,) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card accountdo not qualify 3. You must notyel have fully paid forthe purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in wrifing at GE Money Bank Pit. Bon 981470.. El Paso, TX 79998-1470 While we investigate, the same rules apply to the disputed amountas discussed above After we finish our investigation, we will tell you our decision. At that point if we think you owe an amount and you do not pay we may report you as delinquent. Int"madlon Morn Payments: You may pay more than Die Total MirbnlardPaymentstanyMme. Payments receivedafter5:00PM (ET) on any day will be credited as of the red day Credit to your Account may be delayed up to foe days if payment (a) is not received at the Payment Address, () is riot made in U.S. dollars drawn on a US firencial institution located in the U.S., (r,) is not accompanied by the remittance coupon attached to your statement, (d) contains more than one payment or remmancecoupon, (e) Is not recehed In the remittance envelope provided or (I) includes staples, paperclips, tape, a k>kled check orcorrespondence of any type. Cardlronaf Fevments: All written communications concerning disputed amounts including arty check or other payment instrument that (i) indicates that the payment corstlules "payment in full" or is tendered as full satisfaction of a disputed amount: or (it) Is tendered with other conditions or limitations ('Disputed Payments, must be mailed or delivered to as at P.O Box 981470, El Paso, TX 79998-1470. Credits To YourAceoui An amount shown in parenthesis or preceded by aminus -)sign is acreditor cred'nbalance unless otherwise indicated. Greditswll applied to your previous balance immediately upon receipt, but will not satisfy any required payment that maybe due. Cred#Reports And Account Information: If you believe that we have reported inaccurate information about you to a consumer reporting agency, please contact us at P.O. Box 961471, El Paso, TX 791 In doing so please dentiylhe inaccurate information and tell us why you believe itis incorrect. If you have a copy of the credit report that includes the inaccurate information, please include a copy of that report. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. Balance Sullierd to Interest Charge Calculation Method 2D (Daily Balance method): We figure the interest charge on your account by applying the periodic ratetothe "daily balance" of your account foreach day In the billing cycle. We then add theinteresttothedaily balance. To getthe'daily balance' we take the beginning balance of your account each day (which includes unpaid interest), add any new charges, and applicable tees, and subtract any payments or credits This gives as the daily balance Any daily balance of less than zero will be treated as zero. A separate daily balance will be calculated for each balance type on your account. The balance(s) shown in the Interest Charges section of this statement is the sum of the daffy balances for each day in the billing cycle divided by the numberof daysinthe billingcycle. Method 2M (Average Daily Balance Including current transactions): We figure the interest charge on your account by applying the periodic relate the 'average daily balance" of your account To gel the'average daily balance' we take the beginning balance of your account each day which includes any unpaid interest charges from the previous billing cycle, add any new charges, and applicable fees and subtract any payments or credits. This gives us the daily balance. Then, we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the 'average daily balance.' which is the balance shown In the Interest Changes section of this statement. Any average daily balance of less than zero will be treated as zero. A separate average daily balance will be calculated for each balance type on youracco unt. Banknrptcy Notice: If you file bankruptcy you most send us notice, including account number and all information related to the proceeding to the following address: GE Money Bank, Arm Bankruptcy Dept., Pit Box 103104. Roswell, GA 30076. Your account is owned and serviced by GE Money Bank Rearing Impaired: TDD users call 1-800-444-1732. 01 CS5404 - 3 06/23/2010 This is an attempt to collect a debt and any information obtained will be used for that purpose. `By providing a telephone numberon your account, you consent to GE Money Bank and any other owner or servlcerof your account contacting you about your account, including using any contact information or cell phone numbers you provide, and you consent to the use of arty automatic telephone dialing system and/or an artificial or prerecorded voice when contacting you, even if you are charged forthe call under your phone plan. For changes of address, phone number and/or email, please check the om and print the changes below. Name Street Address City, State, Ph Phone # E-mail Home Phone # Business Phone # 'Cell # or other phone # we can use to contact you Email Address By providing your email address, you agree to receive email communications about your account and also give permission for us to share your email address to Walmart. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY t - C- C~ iUL LOO ?ld `1 12 JUL -9 AM 8: 1;3 Portfolio Recovery Associates, LLC vs. Dyran Altenburg CUMIEKAND COUNTY PENNSYLVANIA Case Numb 2012-4099 SHERIFF'S RETURN OF SERVICE 07/02/2012 04:20 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 2, 2012 at 1620 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dyran Altenburg, by making known unto herself personally, at 411 Brian Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing t her personally the said true and correct copy of the same. DA COBAUGH, D SHERIFF COST: $38.00 July 05, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Carrie A. Brown, Esquire -Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorne s 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. 12 4099 V. C DYRAN ALTENBURG 411 BRIAN CT coo- MECHANICSBURG PA 17050 4 Defendant © Zt o A= f V O n PRAECIPE TO DISCONTINUE c M -c To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. A ly S itt d, Robert N. Polas, Jr., Esquire PA Bar#201259 Carrie Brown, Esquire PA Bar#94055 Mark R. Garvey, Esquire PA Bar# 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 12-05676 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 Attorney ID# 94055/201259/312686 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. 12 4099 V. DYRAN ALTENBURG 411 BRIAN CT MECHANICSBURG PA 17050 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon DYRAN ALTENBURG,by First Class Mail,Postage Pre-Paid,a copy thereof on this 119 of 20[ to: DYRAN ALTENBURG,411 BRIAN CT, MECHANICSB PA 170 12-05676 Robert N. Polas,Jr., Esquire PA Bar#201259 Carrie Brown,Esquire PA Bar#94055 Mark R. Garvey, Esquire PA Bar# 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk,VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.