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Home My WebLink About13-3825 3 i ., -'; Il Supreme Ca'' Pennsylvania • Cour f Com on Pleas ' U o'thoieolaryUseOnly TI.9 E S'P,1 R31' Cl OVE' et i.r ocke a: County:. ,iThe i�aforn:aton collected on this form is used solely for court administration purposes. This form does not su lensent or, replace lace the ding and service o leadings or other a ers as required b ldi orvules of court. C'ommencemen't of`Action: ?J (�1Complamte: * ❑ Writ of Summons El Pe tition p Transfer from Another Jurisdiction ❑Declaration of Taking .E Lead Plaintiffs Name:, r t ,r, r Lead;Defendant'sName t" ;, �C PORTFOLIO RECOVERY ASSOCIATES, LLC „ GEORGE SMTfH T . Dollar Amount mone dams es re uested ®Yes - ❑ N Requested: X within arbitration limits 9 . (Check one) ,�.' outside arbitration limits / - ' 1 ' s'this a Class Action Suit? ❑ Yes ®No Is this T' a ' h MDJAppeal? y ❑ Yes NO Name of Plaintiff /Appellant's Attorney: Robert N. Polas, Jr./ Carrie Brown/ Mark R. Garvey ❑ Check here if you have no attorney (are a Self- Represented .[Pto Sel Litigant) Nature ;of;the,Case Place an "X to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider important. TORT (do not include Mass Tort) CONTRACT (do not include Judgment s) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections ❑ Nuisance o Debt Collection: Other ❑ Dept. of Transportation p 'Pr`eiriises Liability _ t" ❑ "- StatutoryzAppeal::Other p'1 ProductLia6tliry *(ddes'notiiicludee' t.: ta..t;; «:• s '° .'i .,; S. ,mass tort) .r ❑ Employment Dispute e i ❑ ; Slander/Libel/Defamation Discrimination, i , ❑ Zoning Board a � , E° ❑ , ❑ . Employment ^ Dispute'. Other ❑ Other:.. > ❑ Other: M.ASSITO.RT �❑ Asbestos. N' ❑ Tobacco ; p Toxic Tort -DES REAL'PROPERTYr`. s ; �MIS-CELLANEbUS E] Toxic Tort ' Implant • ❑ 'Ejectment E] Common Law /Statutory Arbitration 1❑ : Toxic. Waste, , .f ❑ Eminent Domain /Condemnation [I Declaratory Judgment Ell Ground R "ent ' ' P' ? ' rt ❑tMandamus,',' Other Ei Landlord /Tenant ' a Yi> ..: o: pa Non= Domestic'Relations n lM;oitgage:Fioreclosure: Residential Restraining Order o ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto p �Partiiion p ,Replevin PROFESSIONAL LIABILITY ❑ QuietiTitle- ;, r ❑ Other: ❑ Dental ❑ .O.ther:. ❑ Legal +; ❑ Medical C ;„ ❑ Other Professional: g: 13- 11127 i Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 _ �='jx Ed -oF IC Portfolio Recovery Associates, LLC Or TN,E , 120 Corporate Blvd PRO Norfolk, VA 23502 1 ?Q 13 JIJ — 3 AV1 f 0: 3 S TELE: 1- 866 - 428 -8102 C U�"11st RL � ND C0 FAX: (757) 518 -0860 �'Et��dSYLV/ Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD j NORFOLK, VA 23502 No. / ` ��/1 Plaintiff, V. GEORGE SMITH 77 FAIRVIEW ST CARLISLE PA 17015 Defendant. NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action withing twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by an attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. . YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 Q Pennsylvania Lawyer Referral Service (800) 692 -7375 13 -11127 Vl n S19987 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1- 866 - 428 -8102 FAX: (757) 518 -0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Demandante, No. V. GEORGE SMITH 77 FAIRVIEW ST CARLISLE PA 17015 Demandado. NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o obejciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A .SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS ELGIBLE UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 Pennsylvania Lawyer Referral Service (800) 692 -7375 13 -11127 Esta coinunicacion es de un cobrad.or de deudas y es uti ijatent do cobrar una deuda. Cualquier infromacion sera utilirada para ese proposito. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1- 866 - 428 -8102 FAX: (757) 518 -0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff, No. V. GEORGE SMITH 77 FAIRVIEW ST CARLISLE PA 17015 Defendant. COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 120 Corporate Blvd, Norfolk, VA 23502. 2. Defendant, GEORGE SMITH, is an adult individual with last known address of 77 FAIRVIEW ST, CARLISLE PA 17015. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK / WAL -MART on August 25, 2008 with account number * * * * * * * * * ** *2661 (hereafter referred to as "Account "). A copy of the account history is attached here to and collectively marked as Exhibit "A." 4. By using the Account, Defendant agreed to repay any incurred balances and/or charges made to the Account pursuant to the terms and conditions governing said Account. Failure to pay Defendant's incurred charges on the Account is considered a default. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. This communication is fi - om a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 6. Defendant was provided with copies of the Statements of Account showing 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 March 12, 2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE CAPITAL RETAIL BANK / WAL -MART and Plaintiff is now the holder of the Account. A true and correct copy of the Plaintiffs verification 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 $1,686.28. 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, GEORGE SMITH, in the amount of $1,686.28, plus costs of this action and any other relief as the Court deems just and reasonable.� / Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 13 -11127 'I'his cominunication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, David Q. _ 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: JUN 19 2013 By: �. J, David D. 'S3 Custodian of Records 13 -11127 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. XHIBIT A This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC - 120 Corporate Blvd ' Norfolk, VA 23502 Telephone: 1- 866 - 428 -8102 Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** *2661 GEORGE SMITH Account Holder: GEORGE SMITH 77 FAIRVIEW ST CARLISLE PA 17015 Consumer Account Product Code: PVT Issuer: GE CAPITAL RETAIL BANK / WAL -MART Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *2661 Date Account Opened: August 25, 2008 Date of Last Payment: March 12, 2012 Date of Charge Off August 22, 2012 Balance at Purchase: $1,686.28 Purchase Date: September 19, 2012 Balance at Charge -Off: $1,686.28 Less Payments: $.00 Balance Due: $1,686.28 13 -11127 GECP98 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, David D. Same_ Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: 1. 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, 120 Corporate Blvd, Norfolk, VA 23502. 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 CAPITAL RETAIL BANK / 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 September 19, 2012. 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 GEORGE SMITH ( "Debtor ") to the Account Seller the sum of $1,686.28 with the respect to account number ending in * * * * * * * * * ** *2661, as of August 22, 2012 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 $1,686.28 as due and owing as of the date of this affidavit. 6. Plaintiff believes that the defendant is not a minor or an incompetent individual, and declares that the Defendant is not on active military service of the United States. Portfolio Recovery Associates LC By: David D. Sage , Custodian of Records Su cribed and sworn to before on of JUN 20 201 3 2013 Jkih Tavana C. uzzle Notary Public ommonwealth of Virginia Notary Public i Commission No. 302460 13 -11127 My Commission Expires 11311201 This communication is from a debt collector and i.s an. attempt to collect a debt. Any information obtained will be used for that purpose. >C ' GE Capital BILL of SALE PRA PLCC Fresh - September 2012 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 as of the 25` day of June, 2012 by and between General Electric Capital Corporation, GE Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. (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 September 19, 2012, and as further described in the Agreement. GE Capital Retail Bank Monogram Credit Services, L.L.C. By: 1 By: Glenn Marino Marino Glenn Marino Title: _EVP Title: _President Date: `� ' 2 % "t-- Date: 17 ' 7 7—/ General Electric Capital Corporation RFS Holding, L.L.0 2 By: /� By: Glenn Marino Joseph Ressa Title: _Vice President Title: _CFO Date: 9 " 7-:7 - /''~ -- Date: 9 - y 7 GEMB Lending, Inc. GEM Holding, L.L.0 By: By: Stephen Motta Joseph Ressa Title: _Director Title: _CFO Date: Date: GE Capital BILL of SALE PRA PLCC Fresh — September 2012 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 as of the 25 day of June, 2012 by and between General Electric Capital Corporation, GE Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. (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 September 19, 2012, and as further described in the Agreement. GE Capital Retail Bank Monogram Credit Services, L.L.C. By: By: Glenn Marino Glenn Marino Title: EVP Title: President Date: Date: General Electric Capital Corporation RFS Holding, L.L.0 By: By: Glenn Marino Joseph Ressa Title: Vice President Title: CFO Date: Date: GEMB Lending, Inc. GEM Holding, L.L.0 By: By: Stephen Motta Joseph Ressa Title: Director Title: CFO Date: Date: GE Capital BILL of SALE PRA PLCC Fresh — September 2012 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 as of the 25` day of June, 2012 by and between General Electric Capital Corporation, GE Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, - L.L.C., and GEM Holding L.L.C. (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 September 19, 2012, and as further described in the Agreement. GE Capital Retail Bank Monogram Credit Services, L.L.C. By: By: Glenn Marino Glenn Marino Title: _EVP Title: President Date: Date: General Electric Capital Corporation RFS Holding, L.L.0 By: By: Glenn Marino Joseph e sa Title: _Vice President Title: CFO Date: Date: GEMB Lending, Inc. GEM Holding, L.L.0 By: By: 1 ��z4jn�, Qzt Stephen Motta Joseph R s a Title: Director - Title: CFO Date: Date: Z�' Wal art 0 o: , Save money. Live better. Wal m art® GEORGE L SMITH Visit us at walmart.com/credit Di scover C a rd Account Number: 661 Customer Service: 1- 866 - 314 -9507 Summary of Account Activity Payment Information Previous Balance $1,686.28 New Balance $0.00 - Other Credits $1,686.28 Amount Past Due $0.00 New Balance $0.00 Total Minimum Payment Due $300.00 Payment Due Date 08124/2012 Credit Limit $2,000 Late Payment Warning:lf we do not receive your minimum Available Credit $0.00 payment by the date listed above, you may have to pay a late Cash Advance /Quick Cash Limit $440 fee up to $35.00. Available Cash $0.00 Statement Closing Date 0822/2012 Days in Billing Cycle 28 Cash Earned Summary Cash News Previous Balance $0.00 Earning cash back with the WalmartO DiscoverO ( -) Earned This Period $0.00 is easy! Simply use your card everywhere = Balance $0.00 Discover® is accepted. Remember every time you earn just $10, you will receive e check In your billing statement - it's automatic. Transaction Summary Tran Post Date Date Reference Number Description of Transaction or Credit Amount 08172 0822 F621000KV00999990 CHARGE OFF ACCOUNT- PRINCIPALS ($1,528.77) 0822 0822 F621000KV00999990 CHARGE OFF ACCOUNT 'FINANCE ($157.51) CHARGES' FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED 0822 0822 INTEREST CHARGE ON PURCHASES $0.00 08172 0822 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2012 Totals Year -To -Date Total Fees Charged in 2012 $50.00 Total Interest Charged in 2012 $175.88 Total Interest Paid to 2012 $94.78 Interest Charge Calculation Your Annual Percentage Rate (APR)s the annual interest rate on your account. Type of Balance Expiration Date Annual Percentage Balance Subjecl To Interest Charge Rate Interest Rate Regular Purchases NA 18.87% $0.00 $0.00 Cash Advances NA 21.87% $0.00 $0.00 Quick Cash NA 0.00% $0.00 $0.00 Cardholder News and Information If your account has a deferred interest promotion and you would like us to apply a payment on your account to a specific balance, please call Customer Service to discuss options that may be available. 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 eGa 1 3 22 120822 Z0PAGE 1 of 1 6210 1100 A273 01DF5404 Detach and mail this portion with your check. Do not include any correspondence with your check. —� P 0.110 Account Number 2661 Waimart d• Total Minimum Amount Past Due Payment New Balance save money. Uve better. Pa ment Due I Due Date $300.00 $0.00 08242012 $0.00 Payment Enclosed: ❑ ❑ ❑ ❑ ■ F1 F1 VIII III IIII�I III IIII III I �IOU�I�I�� I I� u se blue or black ink. New address or email? Print changes on back. Please GEORGE L SMITH 77 FAIRVIEW ST CARLISLE PA 17015 -3121 Make Payment To: WALMART DISCOVER /GECRB PO BOX 960024 ORLANDO, FL 32896.0024 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff° OTrra bf Jody S Smith Chief Deputy 2313 JUL ! I AM 10' 29 Richard W Stewart Solicitor P! r T� VSPJFP C�3 E t�h A Pd C t fiJ Ty PENNSYLVANIA Portfolio Recovery Associates, LLG vs Case Number George Smith 2013-3825 SHERIFF'S RETURN OF SERVICE 07/05/2013 04:47 PM-Deputy Valerie Weary, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant,to wit: George Smith at 77 Fairview Street, South Middleton, Carlisle, PA 17015. VALERIE WEARY, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, July 08, 2013 RbNW R ANDERSON, SHERIFF (c)CountySulto ShoriK,Tcleosoft,Inc. GEORGE L SMITH 77 Faindewst Carlisle,Penna,17015 Phone 717 4401451 GGeorge6l@aol.com July 23d.2013 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA OFFICE OF THE PROTHONOTARY No.13.3825 CIVIL N CD COPY To- -� w C) 4 PlainW. PORTFOLIO RECOVERY ASSOCIATES,LLC zr ' 120 CORPORATE BLVD ' - - Norfolk,VA 23502 Defendant: George L Smith 77 Fairview st. Carlisle,Pa.17015 Subj: Objections to the claims against George L Smith(Defendant) Attachment: Notice cover sheet of lawsuit Complaint Item 3. it is averred that Defendant was indebted to GE CAPITAL REtAIL BANK/WAL-MART on August 25,2008 with account number************2661(hereatter referred to as"Account").A copy of the account history Is attached here to and collectively marked as Exhibit"A". Objection/Denial: A. Defendant has no account shown as***********2661, B. Exhibit"A"is not an Account history,but a statement of said account Complaint Items 4, By usingthe Account,Defendant agreed to repay any incurred balances and/or charges made to the Account pursuantto the terms and conditions governing said Account,Failure to pay Defendant's Incurred charges on the Account is considered a default Objection/Denial: Since Defendant has no account shown as***********2661,Complaint Item 4, does not apply,and no default should be considered. Complaint Item 5. At all relevant times material hereto,Defendant has used said Account for the purchase of products,goods and/or for obtaining services. Objection/Denial: Since Defendant has no acoountshown as*********2661, Complaint Item 5,does not apply,and no products,goods and/or obtaining services occurred. Complaint Item 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 bonsfide objection by the Defendant Objection/Denial: Since Defendant has no account shown as**********2661,Complaint Item 5,does not apply,So no bonifide objection could occur. PAGE ONE OF TWO CONTINUED: CIVIL NO:13.3825 AGAINST GEORGE L SMITH Complaint ftem 7, Defendant was in default with respectto that debt for failure to make the required payments on the Account.The last payment made on this Account was March 12,2012. Objections/Denial: Defendant cannot be in default for an account shown as **********2661,thatis not his. Complaint Item 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. Object000/Denial: Defendant has never been contacted by any group called PORTFOLIO RECOVERY ASSOCIATES,LLC. For any type of settlement or collection of any account. WHEREFORE,Since no Contact either by Phone or Letter of any kind for any type of Contract Between Defendant and Plaintiff(PORTFOLIO RECORVERY ASSOCIATES) exists, Defendant(George L Smith) respectfully requests this Honorable court enterludgment in favor of Defendant,and dismiss all charges against Defendant George L Smith. ,e GE GELSM PAGE TWO OF TWO I Robert N.Polas,Jr.,Esq ire PA Bar#201259 Carrie Brown,Esquire P Bar#94055 Mark R.Garvey,Esquir PA Bar#312686 ' _D Portfolio Recovery Asso iates,LLC U H L P R J T ii 0 N 0 TA R 120 Corporate Blvd Norfolk,VA 23502 201 j JUL -3 AN, 10: 37 TELE: 1-866428-8102 FAX: (757)518-0860 'L UM13ERLANO uOUNTY Attorneys for Plaintiff PENNSYLVANIA IN THE COU T OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION -LAW PORTFOLIO RECOVERY ASSOCIATES,LLC 120 CORPORATE BL aw / NORFOLK,VA 23502 No. / � Plaintiff, V. GEORGE SMITH 77 FAIRVIEW ST CARLISLE PA 17015 ' Defendant. NOTICE You have been sued in C Jurt.If you wish to defend against the claims set forth in the following pages, you must take action wit]ing twenty(20)days after this Complaint and Notice are served,by entering a written appearance,pers pally or by an attorney,and filing in writing with the Court your defenses or objections to the claims t forth against you.You are warned that if you fail to do so,the case may proceed without you and judgment may be entered against you by the Court without fiu•ther notice of any money claimed or an other claim or relief requested by the Plaintiff.You may lose money or property rights important o you. • YOU SHOULD TAKE I S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,OR CANNO 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 ABOU 11 HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA !ON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS A' A REDUCED FEE OR NO FEE. Lawye i 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 TRUE=COPY.,F'ROM RECORD 13-11127 In Testimony_whereof,-1 here unto set my hand and the seal of said Co at artisla,Pa. This day of 20 r•� `,�WK. K• Prothonotary This conun i ation is from a debt collector and is an attempt to collect a debt. Carrie A.Brown,Esquire PA Bar#:94055 f Robert N.Polas,Jr,Esquire PA Bar#:201259 Mark R.Garvey,Esquire PA Bar#:312686 Portfolio Recovery Associates,LLC 120 Corporate Blvd. . Norfolk,VA 23502 Pi";s�rj� 'I , TELE: 1-866-428-4102 't';° f FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION—LAW PORTFOLIO RECOVERY ASSOCIATES,LLC : 120 CORPORATE BLVD NORFOLK,VA 23502 Plaintiff No. 13-3825-CIVIL V. GEORGE SMITH 77 FAIRVIEW STREET CARLISLE,PA 17015 Defendant PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff demands that Defendant answer and respond to the following Request for Production of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure within 30 days from the date of service hereof. Plaintiff also demands that Defendant answer and respond to the following Request for Admissions pursuant to Pa. Rule of Civil Procedure 4014. You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. 7. In these Requests for Admissions: A. The word "Person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships,joint ventures, trusts, and estates; B. The word "documents(s)" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity", "identify" "identification" when used with respect to a person(s) means to state the full name and present or last known address and business address of such person(s) and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity", "identify" "identification" when used with respect to a dated, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify", when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act'), means to (1) described the substance of the event or events constituting such an act, and to state the date when such an act occurred; (2) identify each and every person(s) participating in such an act; (3) identify all other person(s) (if any) present when such an act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identi the person(s) presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 9. These requests are of a continuous nature. These Requests for Production of Documents shall be deemed continuing so as to require supplemental answers and documents if any information of documents are acquired subsequent to the filing of responses hereto, which information or documents would have been included in the answers and documents produced had it been known or available at the time the answers and the documents provided pursuant hereto produced. Defendants shall supply such information and documents by supplemental answers and production of documents as soon as such information becomes known or available and in all events, prior to trial of this action. If objection is made to any requests for production of documents, it is demanded that the requests for which there is no objection be answered and furnished within the aforesaid period. All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job title and department from whose file it was produced and all current custodian of said document. If a document called for it is believed to exist or is known to exist,but is in the possession, custody or control of another person or party, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the publisher, possessor, custodian, or disseminator of such document. If any document called for by this request is withheld on the basis of any claims of privilege or any similar claim, identify that document as follows: author, addressee; indicated or blind copies, dated, subject matter; number of pages; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and nature of the privilege or similar claim asserted. REQUEST FOR PRODUCTION OF DOCUMENTS 1 Produce any and all documents evidencing proof of all payments on the subject credit card referenced in the Complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REQUEST FOR PRODUCTION OF DOCUMENTS 2• Produce any and all documents you intend and/or provide testimony on as evidence at the time of the trial. REQUEST FOR ADMISSION NO 1 Defendant applied for the Credit Card referenced in the Complaint. Admitted Denied If the answer to Request for Admissions No. 1 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 2: Defendant has failed to make all required payments on the credit card. Admitted Denied If the answer to Request for Admissions No. 2 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 3: The attached monthly statement correctly identifies the payments, charges, and balance on the account. Admitted Denied If the answer to Request for Admissions No. 3 is "denied", then supply copies of canceled checks, both front and back, and/or if not available, specific written documentation supporting the denial.. REQUEST FOR ADMISSION NO. 4: Defendant has not submitted any written dispute as to the billing inaccuracy concerning the credit card in question during the time the account was opened on August 25, 2013 until the last payment date of March 12, 2012. Admitted Denied If the answer to the Request for Admissions No. 4 is "denied", then supply copies of specific written disputes as to any billing inaccuracies REQUEST FOR ADMISSION NO 5• $1,686.28 is the correct and accurate balance of the credit card account in question at the time the account was charged off. Admitted Denied If the answer to Request for Admissions No. 5 is "denied", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. REQUEST FOR ADMISSION NO. 6: 6. Please admit that you agreed to pay Plaintiffs predecessor all amounts due resulting from the use of your credit card account, including any finance charges and other charges due under the terms of the agreement. Admitted Denied If the answer to Request for Admissions No. 6 is "denied", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. REQUEST FOR ADMISSION NO. 7: 7. Please admit that for each month you had a balance on your credit card account, you were sent, by mail or otherwise, a bill, statement of account, invoice or other request for payment showing all transactions billed to your account during the billing period. Admitted Denied If the answer to Request for Admissions No. 7 is "denied", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. INTERROGATORIES 1. Please identify the person(s) answering these Interrogatories. ANSWER: 2. Please identify each and every person that has assisted you in responding to these Interrogatories. ANSWER: 3. Separately, for each of your answers to Requests for Admissions I through 9 above where your answer is anything other than an unqualified admit, please: a. State each fact known to you upon which you rely to support your denial or qualified answer; b. If your response is that you do not have sufficient information or knowledge to admit or deny, then describe each effort you have made to acquire the information you feel would be necessary to admit or deny the request; C. Identify each document known to you which you believe contains information relevant to your answer; and d. Identify each witness known to you who may have knowledge with respect to the information upon which you rely for your denial or qualified answer and as to each witness, state the information you believe is known to them with respect to your answer. ANSWER: 4. If you filed affirmative defenses to Plaintiffs Complaint, separately for each defense, please: a. State the factual basis that supports your defense; b. Identify each document known to you which you believe contains information relevant to your defense; and C. Identify each witness known to you who may have knowledge with respect to the information upon which you rely for your defense and as to each witness, please state the information you believe is known to them with respect to your defense. ANSWER: 5. Have you ever requested Plaintiff's predecessor to open a credit card account in your name? If so, please state the credit card account number(s). ANSWER: 6. Are you aware of any credit card accounts with Plaintiffs predecessor opened in your name? If so, please state the credit card account number(s). ANSWER: 7. Have you ever made a purchase or obtained a cash advance by using a card, account number and/or account access check issued by Plaintiffs predecessor? If so, please state the credit card account number(s) and the date(s) of the purchase or cash advance. ANSWER: 8. Has Plaintiffs predecessor ever sent to you, by mail or otherwise, any bills, statements of account, invoices or other requests for payment? If so, identify each document and state whether you objected to it. If you have objected, identify each objection, including whether it was written or oral. ANSWER: 9. Have you ever objected, in writing or otherwise, to any bills, statements of accounts or invoices you were sent? ANSWER: 10. If you keep records of purchases or payments with respect to your credit card account with Plaintiff's predecessor, do these records show a balance owing on the account? If so, what is that balance? ANSWER: 11. Is there any portion of Plaintiffs claim that you admit you owe? If so, state the amount that you admit you owe to Plaintiff and any facts that support your claim that you do not owe the rest of Plaintiff s claim. ANSWER: 12. If you claim that the account on which Plaintiff is suing is inaccurate, specify each inaccuracy and any facts that support your conclusion that the account is inaccurate. ANSWER: Respect S mitted, Y: Carne A. Brown, Esquire#94055 Robert N. Polas Jr., Esquire#201259 Mark R. Garvey, Esquire#312686 Carrie A.Brown,Esquire PA Bar#:94055 Robert N.Polas,Jr,Esquire PA Bar#: 201259 Mark R.Garvey,Esquire PA Bar#:312686 Portfolio Recovery Associates,LLC 120 Corporate Blvd. Norfolk,VA 23502 TELE: 1-866-428-4102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION—LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff No. 13-3825-CIVIL V. GEORGE SMITH 77 FAIRVIEW STREET CARLISLE,PA 17015 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Complaint upon Defendant, y First Class Mail, Postage Pre-Paid, a copy thereof on this ��day of , 201,E to: GEORGE SMITH 77 FAIRVIEW STREET CARLISLE,PA 170 By Carrie A.Brown, Esquire#94055 Robert N. Polas Jr., Esquire#201259 Mark R. Garvey,Esquire#312686 GECP98 GE Capital BILL of SALE PRA PLCC Fresh-September 2012 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 as of the 25`h day of June, 2012 by and between General Electric Capital Corporation, GE Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. (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 September 19, 2012, and as further described in the Agreement. GE Capital Retail Bank Monogram Credit Services, L.L.C. By: J° By: Glenn Marino Glenn Marino Title: EVP Title: _President Date: `1 ` 2 7%"Z.� Date: 1 ` 2 7-1,1 -- General Electric Capital Corporation RFS Holding, L.L.0 By: /--, By: Glenn Marino Joseph Ressa Title: Vice President Title: _CFO Date: 9- Z:;� - . Date: 9 - z 7 GEMB Lending, Inc. GEM Holding, L.L.0 By: By: Stephen Motta Joseph Ressa Title: Director Title: _CFO Date: Date: GECP98 r r GE Capital BILL of SALE PRA PLCC Fresh—September 2012 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 as of the 25th day of June, 2012 by and between General Electric Capital Corporation, GE Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. (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 September 19, 2012, and as further described in the Agreement. GE Capital Retail Bank Monogram Credit Services, L.L.C. By: By: Glenn Marino Glenn Marino Title: EVP Title: President Date: Date: General Electric Capital Corporation RFS Holding, L.L.0 By: By: Glenn Marino Joseph Ressa Title: Vice President Title: CFO Date: Date: GEMB Lending, Inc. GEM Holding, L.L.0 By: By: Stephen Motta Joseph Ressa Title: Director Title: CFO Date: Date: GECP98 / 1 GE Capital BILL of SALE PRA PLCC Fresh—September 2012 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 as of the 25`h day of June, 2012 by and between General Electric Capital Corporation, GE Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. (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 September 19, 2012, and as further described in the Agreement. GE Capital Retail Bank Monogram Credit Services, L.L.C. By: By: Glenn Marino Glenn Marino Title: EVP Title: President Date: Date: General Electric Capital Corporation RFS Holding, L.L.0 By: By: Glenn Marino Joseph e sa Title: Vice President Title: CFO Date: Date: GEMB Lending, Inc. GEM Holding, L.L.0 By: By: Stephen Motta Joseph R s a Title: Director Title: CFO Date: Date: GECP98 AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of Minnesota County of Ramsey Diane Stone,being duly sworn,deposes and says: I am over 18 and not a party of this action. I am a Collections Operations Representative of GE Capital Retail Bank. In that position I have access to creditor's books and records, and am aware of the process of the sale and assignment of electronically stored business records. On or about 9/21/2012 GE Capital Retail Bank(formally known as GE Money Bank)sold a pool of charge-off accounts (the Accounts)by a Purchase and Sale Agreement and a Bill of Sale to Portfolio Recovery Associates,LLC.As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of GE Capital Retail Bank. The Creditor has a process to detect and correct errors on these accounts. The above statements are true to the best of my knowledge. Signed this 26th day of October, 2012 Diane Sto Signed and sworn to before me this 26th day of October, 2012 by Evelyn Ocana. EVEI.YN OCANA Notary Public-Minnesota My comm'kslon Expires Jan 31,X15 (Notary stamp) nn;�w„v,,,,,,,r�,. NY AOS 1.1.6PNI2 St.Paul BLANKET CERTIFICATE OF CONFORMITY FOR NOTARY EVELYN OCANA I, Brett Rouleau, an attorney-at-law admitted to practice in the State of Minnesota and fully acquainted with the laws of the State of Minnesota do hereby certify that I am duly qualified to make this certificate of conformity and that the acknowledgement or proof upon the affidavits of merit were taken by Evelyn Ocana, a notary public in the State of Minnesota, in the manner prescribed by the laws of the State of Minnesota and confirms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set my signature, on October 26, 2012. Brett Rouleau Attorney at Law, State of Minnesota Walmart Save money.Live better. Wal ma rt® GEORGE L SMITH Visit us at walmart.com/credit Discover Card Account Number: 661 Customer Service:1-866-314-9507 Summary of Account Activity Payment Information Previous Balance $1,686.28 New Balance $0.00 -Other Credits $1,686.28 Amount Past Due $0.00 New Balance $0.00 Total Minimum Payment Due $300.00 Payment Due Date 08/24/2012 Credit Limit $2,000 Late Payment Warning:If we do not receive your minimum Available Credit SO-00 payment by the date listed above,you may have to pay a late Cash Advance/Quick Cash Limit $440 fee up 10$35.00. Available Cash $0.00 Statement Closing Date 08122/2012 Days in Billing Cycle 28 Cash Earned Summary Cash News Previous Balance $0,00 Earning cash back with the Walmart®Discover® (+)Earned This Period $0.00 is easy! Simply use your card everywhere =Balance $0.00 Discovers is accepted.Remember every time you earn just$10,you will receive a check in your billing statement-it's automatic. Transaction Summary Tran Post Date Date Reference Number Description of Transaction or Credit Amount 08122 0822 F621000KV009%990 CHARGE OFF ACCOUNT-PRINCIPALS ($1,528.77) 08122 08122 F621000KV009%990 CHARGE OFF ACCOUNT*FINANCE ($157.51) CHARGES' FEES TOTAL FEES FOR THIS PERIOD $0,00 INTEREST CHARGED 08122 08122 INTEREST CHARGE ON PURCHASES $0.00 0822 08122 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2012 Totals Year-To-Date Total Fees Charged in 2012 $50.00 Total Interest Charged in 2012 $175.88 Total Interest Paid in 2012 $94.78 Interest Charge Calculation Your Annual Percentage Rate(APR)s the annual interest rate on your account. Type of Balance Expiration Date Annual Percentage Balance Subject To Interest Charge Rate Interest Rate Regular Purchases NA 16.87% $0.00 $0.00 Cash Advances NA 21-87% $0.00 $0.00 Quick Cash NA 0.00% $0.00 $0.00 Cardholder News and Information If your account has a deferred interest promotion and you would like us to apply a payment on your account to a specific batance,please call Customer Service to discuss options that may be avaitable. 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 HGH 1 3 22 120822 2 D PAGE 1 0£ 1 6210 1100 A173 01DF5404 Detach and mail this portion with your check.Do not include any correspondence with your check. —I •Yal far Account Number 2661 Total Minimum Amount Past Due Payment New Balance Save moneys Uve better, Payment Due Due Date $300.00 1 $0.00 08/24/2012 [ Payment Enclosed: $ [111111 ❑❑ Please�II III I II IIII I II IIIIIIII II III (�I III VIII I II use blue or black ink. New address or email?Print changes on back. GEORGE L SMITH 77 FAIRVIEW ST CARLISLE PA 17015-3121 Make Payment To:WALMART DISCOVERJGECRB PO BOX 960024 ORLANDO,FL 32896-0024 PORTFOLIO RECOVERY ASSOCIATES,LLC 120 Corporate Blvd Norfolk,VA 23502 Telephone: 1-866-428-8102 Fax: (757)518-0860 Statement of Account Account : ************2661 GEORGE SMITH Account Holder: GEORGE SMITH 77 FAIRVIEW ST CARLISLE PA 17015 Consumer Account Product Code: PVT Issuer: GE CAPITAL RETAIL BANK/WAL-MART Assignee: Portfolio Recovery Associates,LLC Account Number: ************2661 Date Account Opened: August 25,2008 Date of Last Payment: March 12,2012 Date of Charge Off- August 22, 2012 Balance at Purchase: $1,686.28 Purchase Date: September 19,2012 Balance at Charge-Off: $1,686.28 Less Payments: x.00 Balance Due: $1,686.28 13-11127 GECP98 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. ACCTN U M 2661 MKR_FN GEORGE MKR LN SMITH i.CMPNY—NAME MKR TAXID =0485 MKR AD1 77 FAIRVIEW ST 'MKR_AD2 MKR AD3 MKR_CITY CARLISLE MKR_ST PA MKR ZIP 17015-3121 MKR HP =3345 ;MKR WP ::0000000000 ............................. ..................:............... MKR_BARDATE 0 ............................................................................................... MKR_BKCHAP €MKR CASENUM :MKR DISCHDTE 0 MKR DISMSDTE::::::;0:::::::::............................................ .....................................:::::::::.� — .......... .............................................:::.:::::: MKR_BKMEETDTE O MKR_BK0O0RT ...::: .................................. .................... MKR BKFILEDT ..0 ........... ............................... ...........................................................................................:::::::j 1. .:......................:::::::.............................................................................................:::.i €OPENDATE 20080825 ...................................................................... CHGOFF_DATE ;20120822 RMSLASTPM T......... .2012031. ............................................................:::::::::. ...................................::.:... €LASTPMTAMT 46 .................................... BRANCH I .CG9W €DOFD ;:20120424 I......................................................:................................................................. ..................... ............. CHGOFFCODE SKIP LOSSAM T 1686.28....................................._......................_........... :.....:::::::::::::::.:::.::::::::::::::::::::::::.:::::::::.::...........................................:::. €CURBAL 168 6.2 8 .:..............................:............................................................. RMSFILENUM X67960322 ACCTSTS:.:.::::...........::::::::SFS°:::::::.......................................................................:::.::.::. 6TSDESC Sales-Final -Primary Random Salej J DG DAT E......... 0......... ......................:::::::. ...............::..::.:...... ...............:.........................::..:.....:........................................ ::::::.i DOFF CODE.................:::>WAL102..... ..................................................................... ' :::::::............::::::.::...............................................................................................:::i .OFF DESC Wal-Mart ...........-............................................................................................................................................ ..BCLE 0181 .:::::......................... BCLE D ESC Retail.::Ban.k ........:.................. .::.::::.� BUYERCODE.............. PR15................................................................................. ::: INT_RATE 18.87 ...................................... CMKR_FN I 'CMK.IR LN::::::::............. CM K R_TAXI D CMKR_LIABLE Data printed by Portfolio Recovery Associates,LLC from electronic records provided by GE CAPITAL RETAIL BANK pursuant to the sale of accounts from GE CAPITAL RETAIL BANK to Portfolio Recovery Associates, LLC on 9/19/2012 Walmart Save money.Live better. Wal ma rt® GEORGE L SMITH Visit us at walmartcom/credit Discover Card Account Number: '2661 Customer Service:1-866-611-1148 Summary of Account Activity Payment Information Previous Balance $1,574.77 New Balance $1,547.59 Payments $46.00 Total Minimum Payment Due $46.00 -Other Credits $6.28 Payment Due Date 04/1712012 +Interest Charges $25.10 Late Payment Warning:lf we do not receive your minimum New Balance $1,547,59 Payment by the date listed above,you may have to pay a late fee up to$35.00. Credit Limit $2,000 Minimum Payment Warning:If you make only the minimum le Credit $0 00 payment each period,you will pay more in interest and it will Available Cred/Quick Cash Limit $440 take you longer to pay off your balance.For example: Cash Available Cash $0.00 If you make no You will pay off And you will end Statement Closing Date 03125/2012 additional charges the balance up paying an Days in Billing Cycle 31 using this card shown on this estimated total and each month statement in of... YOU pay.... about... Only the minimum 4 years $2,219.00 payment $57.00 3 years $2,038.00 (Savings= $181.00) If you would like information about credit counseling services,call 1-877-302-8775. Cash Earned Summary Cash News Previous Balance $0.00 Earning cash flack with the WalmartO Discover® (+)Earned This Period $0.00 is easy! Simply use your card everywhere =Balance $0.00 Discovers is accepted.Remember every time you earn just$10,you will receive a check in your billing statement-it's automatic. Transaction Summary Tran Post Date Date Reference Number Description of Transaction or Credit Amount 03112 03112 7601131ER00XSV7JB PAYMENT-THANK YOU ($46.00) 03125 03125 INTEREST CHARGE ADJUSTMENT ($6.28) FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGED 03125 03125 INTEREST CHARGE ON PURCHASES $25.10 03125 03125 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $25.10 2012 Totals Year-To-Date Total Fees Charged in 2012 $0.00 Total Interest Charged in 2012 $75.02 Total Interest Paid in 2012 $76.33 PAYMENT DUE BY 5 P M (EL 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 8GH 1 7 22 120325 E PAGE 1 0£ 3 6210 1100 A173 01DF5404 Detach and mail this portion with your check.Do not include any correspondence with your check. —I Walmar� Account Numbs 2661 Total Minimum Payment Payment Due Date New Balance Save money.Live better. Due $46.00 04/17/2012 $1,547.59 'E Payment Enclosed: ❑❑EI❑ o . F]171 III IIIII�II IIII I II IIIIIII II III III III I�I I II use blue or black ink. New address or email?Print changes on back. Please GEORGE L SMITH 77 FAIRVIEW ST CARLISLE PA 17015-3121 Make Payment To:WALMART DISCOVER/GECRB PO BOX 960024 ORLANDO,FL 32896-0024 Walmart Save money.Live better. Interest Charge Calculation Your Annual Percentage Rate(APR)s the annual interest rate on your account. Type of Balance Expiration Date Annual Percentage Balance Subject t o Interest Charge Rate Interest Rate Regular Purchases NA 18.87% $1,566.17 $25.10 Cash Advances NA 21.87% $0.00 $0.00 Quick Cash Paid Off 16.87% $0.02 $0.00 Cardholder News and Information Please Note:Enclosed is the Privacy Policy for this account.Please take a moment to read it then keep it with other financial documents.if you have previously opted-out,you do not need to do so again. If your account has a deferred interest promotion and you would like us to apply a payment on your account to a specific balance,please call Customer Service to discuss options that may be available. 5404 BGH 1 7 22 120325 E PAGE 2 of 3 6210 1100 A173 OIDF5404 5404 BGH 1 7 22 120325 E PAGE 3 of 3 6210 1100 A113 O1DF5404 Walmart . Save money.Live better. Walmarr GEORGE L SMITH Visit us at w aarert.com'cradit Discowil card Account Number: 7nce 2661 Orstoner Service:1-866-611-1148 ,rq,.r�,r.elir +t+ttttt+ttttt ----+-----------tt4ttttttttt Previous Balance $1,706.89 -Payments $46.00 rum Payment DLe $46.00 Other Credits $7.04 Due Date 11/17/2011 +Interest Charges $2&15 ment Warning:#we do rat race"your minim rn New Balance $1,682.00 payment by the date listed above,you may have to pay a late fee up to$35.00. Credit Lind $2,000 Minimum Payment Warning:#you make only the nininum Ava#able Credit $0 payment each period,you will pay more in interest and#w ill Cash Advance Quick Cash Lint $440 take you longer to pay off yo��urr b��alla�anncee.For example: AvaNableCash $0.00 + W=*4 f9ttM1�P5 4 iNV4 qM* Statement Closing Date 10/25!2011 �1j iFt+ +�r�tt�#MbIM7'fF4 ++W+Fi�MF+f+t+ M�ysnBlNngCycle 32 �� t 41++t+ tt�i�tt.t+t*; ;* tttt tttttttttt +rt 4WW7l+i +++i irti+i+4+t+ Only the minimum 5 years $2,521.00 payr ant $62.00 3 years $2,215.00 (Savings=$306.00) 1 you would lie information about credit counseling services,call 1-877-302-8775. araaa,r++a,rira+iaa a t.a+.�aar,a+ara,raaa+a+aaa,ri FYevious Balance $0.00 Earning cash back w ith the WakrertO Discover® (+)Earned This Period $0.00 is easy!Simply use your card everywhere Balance $0.00 Discover®is accepted.Rerrenber every time you earn just$10,you w iB receive a check in your Wing statement-its automatic. a+a+a+a+a+a+a+a+aaa+a+a+a+aaa+a+a+a+a+aaaaa+a+a+a+a+a Tran post Date Date Reference number Description of Transaction or Credit Arruunt 10/13 10/13 76011318Y01004N1J PAYMENT-THANK YOU ($46.00) 10/25 10/25 INTEREST CHARGE ADJUSTMENT ($7.04) FEES TOTAL FEES FOR THIS PERIOD $0.00 INTEREST CHARGE[) 10/25 10/25 INTEREST OHARGEON RJRCHASES $26.49 10/25 10/25 INTEREST C!-ARGEON CASH ADVANCES $1.66 TOTAL INTEREST FORTHS PERIOD $28.15 .. �Blbt+t+4+++f+_ Total Fees Charged in 2011.... .. .......... $25.00 Total Merest Charged in 2011 $298.04 faityM7.rr D1FRYSPM(FI)ONTFFDLFDATF NOTICE:We may convert your payment into an electronic debit.See reverse for details,Billing Flights and other important information. 5404 BGH 1 7 22 111025 E PAGE I of 3 6210 1100 A173 CIDF5404 Detach and mail this portion with your check Do not include any correspondence with your check —� Account Numb. 2661 Walmart � Mi�**rht" * ttfdh�bittttllit$lhtt 7777 tt Save money.Live Better. $46.00 11/17/2011 $1,682.00 Payment Enclosed: $ ❑❑ ❑ ❑a ❑❑ Please use blue or black ink ink Pe New address or erne l?Rat changes on back GEORGE SMITH FDFFDDAAFDDDFTDFDDADDFFFDADDATFDADTDFDATFDDTDFDAAAFFTDDDDFDAFDAFA 77 FA IRV IEN ST CARLISLERA 170153121 Make Payment To:WALIVARTDISCCVEWGECAB PO BOX 960024 AADTDDTDDAAFFATFFDTFTFDTT FTTTADFFDFFFFrFTAADTFDTDFT AFJcTWF6.0024 2 661 IN Customer ServAdeA ktesdorrs:ForamwMnforanal on,please call ihetdl lee numberontiae frori of this statement.Unless yournomeis fisted on true statement,youraccess to informalionon Ste account maybe anited.You mayawomail questions(but rd payments)lo:PA.So:965022,Orlmtdq FL 328963842.Pleaae include you account number on any eotrespondonce you send to us. peyrrwn►s:Send payments lc the address listed on the remit portion of this statement of pay ondne Nodes:See below as-yo s Billing Rights and other important intimation.Telephoning about billing errors will nor preserve you rights under federal law. Topreserveyowdghb,pWmwrgatocurBiltetginquiriesAddress,PO Box965023,Oriandq FL32e96-5023. Purchases,returns,and paymeMS made just prior tobilling date may not appear until nod month's statement.When you provide a check as payment, you outhortzeuse9herto use information imm irw ohecdtto make a aee t6ne eVactrurue fund trensiar from your account onto process the payment Ago checktransaolim,When we useinformationf romyourctwcklomaka,anelectronle l Undiransfer,fundsmaybewithdrewnfromyour accarMassoonas the same day we receive your payment,and you will not reds your ch w*back from your financial inslillautien.You may choose not to haw your payment o0locted electronkelly by sending your payment(with the payment stub),In you own envelope—not the enclosed window envelope,addtessedto:P.O.Box 530993,A9iania,GA 3M3-M3 and notibePsymentAddress, Met To Do it You Think You FbdA Ostake On Your SYaternenl includinganycheckor ctherpsyment instrumentihat:(1)in dicatesthatthe It you think there is an error on your statement,write to us at the BII4ng payment constitudes'payment in fug"or istendered as full satisfaction of a tnquar esAdtkesscl: disputed amount,or(ii)is tendered with other coodhiers.or iknitations GE Capital Retail Bank CDispvted Payments'),must be mailed or defrosted to us at P.O.Born P0.Box 965023,Orlando,FL 3216.5023 905023,Orlanda FL 32896.5023. In your letter,guts us the following information: Credits To YourAccourd:An amount shown in parenthesis or preoded •Account hrycrmaWn.,Your name and account number by a minus(-)sign is acredit or credit balance unless otherwise indicated. •DoRt ramxed.'Thedollar amount of the suspected error. Credits wi5 be applied to your previous balance unmediatey upon receipt, •Desooption of Problem:ii you think there is an error on your till, butwill nolsalislyanyrequued peymerrthalmaybedue. descdbewholyou believe is wrong and why yoube€sve d is amistake. Credit Reports And Account UHomraaow if you bolero that we have You must contact us wthn 60 days after the error appeared on your reported inaccurate information about you to a odnswner-reporting statement. agency,pleaseeontact us at PO Smt 9W4,Orlando,FL 3216-W24.In You must notify us of airy potential orrors in wrl9Fig.You may call us,but doing so,please idernfify the inaccurate information and tail us why you if you do we are no required to investigate any potential errors and you believe a is imnrmct.if you have a copy of the credit report that includes mayhavoln paythe amount in question. the inaccurate information,please include a copy of that report 1Na may While we imestigate whether or not there has been an error,the report informatiot aboud your account to credit bureaus.Late payments, following aretrue: missed payments,or other defaults on your account may be reflectors In •We cannot try to Woo!the amount in question,or report you as yourcreditrepot detinquenton that amount.. Balance Sutijed Tolnlaesf Charge Cokulafion • The charge in question may remain on yaw statement,and we may Daily Balance mslhod:We figure the interest charge on your account by continue to charge you mlefesi on that amount But,9 we determine that applying the paiodn rate to the"daily balance"of your account for each day we made a mistake,you will not have to pay the amount in queslion or any to the bung cycle,We then add the inroad to the daily fnalanoa.To gal tae irwartstor other fees related totha waraL -daily balance"we to*the begnning balance of your account each day •While you do nor have to pay the amount in question,you are (whbh includes unpaid ir terest),add any new charges,and applicable fees. responsible for the remanderat your bolo ce. and subbed any paymwtis or erekPos This ghee us the daily balance.Any •Wecan apply any unpaid amount against you crekkl limit, daily balance of less than zero will be treated as ore%A separate daily Your Rights It You Are Dissatisfied Witt, Your Credit Card balance will be calculated for each balance&pie on your account The Purchases bannce(s)sh own inch o Warecl Charges section of this statement is the sum If you are dlssetisfed!with the goods or services that you have ofthed*balances.breach day n[he b"cyde divided by the numberof purchased with your credit card,and you have tried in good faith to daysh8reliliir9cycw. correct the problem with the merchant,you may have the right not to pay Bank upicyNoafoe:rf you fie bankruphyyou must send us notice,.a ncl dig the remairing amount due on the purchase. account number and all Inform lion related to the proceeding to the following To use thus right,all of the following must be tare: address:GE Capital Rated Bank,Attu:Bankrupk:y Dept,PO Brat 103105.. 1.The purchase must have been made in your home gate or within 100 Romil,GAW6. miles of your current moiling address,and the purchase price must have Youramwgisow mdandsavkedbyGECytiWRdWBank. been more than$50.tNots:Wither of these are necessary if your Heading kapairad.,TDD Users call 1-800444-1 M. purchase was based on an advertisement Yee mailed to you,or if we own the oompar ythat sold youfhegoodsorservices.) 2.You must have used your credit card for the purchase.Purchases madewlth cash advances from an ATM orwo a check that accesses your credd card account do cwt quralify. 3.Youmust not yet haw furly paid for thepurchase. If all of the criteria above are met and you are still dissatisfied wan the purchase,contact us in wrNa neat GE Capital Retail Bank P0,Box 96523,Orlando.FL 32896-5023 Wyule we ovestigale,the same rules apply to Ina disputed amount as discussed above.After we finish our investigation,we wail let you our decision,At final point,if we think you ore an amount and you do nor pay we may report you as delinquent information About Paymaets:You mayef any time pay,in whole aria par,the total uopeld balance without any addiffonaf charge for prepaymeot Payments received after 5 00 PM{ET)on any day will be credited asof the nadday.Credit toyourAccourdmay be delayed uplofrve daysif payment(a)m not r atthe Payment Address,@)is not made in U.S doparsdrawn on a U.S.fBtancial institution bcaled in Sae U.S.,!c)is not accompanied by the remittance mupon attached to your salemed,(d) contains more than one payment or rerri9anpe coupon,(e)is not received in the remittance envelope provided or(q elckdes stiles,paper clips, tape.a folded check, or correspondence of any type.foridilroffial Payments:AN written communications eaeacerning deputed amounts, 0104`54A.2 071113W11 This a an attempt to collect a debt and any information obtained will be used for that purpose- *By p ro vidkg a telephone number o n yam account.you consm t io GE Captor Retail Bank and any other owner or sei vicer of your oocounl comac9rq you about your account,including using any contacllnformabon or cell phone numbers you provide,and you consent to the use of any automatic telephone diatingsystam and+or an artificial or prerecordedvace when contacting you,even if you arecharged for the call underyourphoneplan. For changes of address,phone number and o emo1,please check the box and pivot the chi below. Street Address City,Slate, F] ZIP Phone# E-nnail Ham Phone if Busirtass Phone# 'Call#orother phone#we Email Address can use to contact you By providing your email address,you agree to receive wail communications about your amount and also give permission for us to share your email address to Walmart. 1Na lmart . Save money.Live better. tne+ttQlwerGM ++++++tt+tt++t+t t+t++t+tt+++tttt+++t+t+tt+++ttt+t+ Your Annual Percentage Rate(APR)is the annual interest rate on your account. Type of Balance Expiration Date Annual Percentage Balance Subject to Interest Charge Rate Interest Rate Pegular Purchases M 18.87% $1,600.98 $26.49 Cash Advances M 21.87% $0.00 $0.00 Cubk Cash Until Paid Cff 18.87% $100.90 $1.66 N ft�Y�t►t+t*++tt t+tt t+t+t*ttttttttt++*t*ttt+t�rt*t+ttt* F your account has a deferred interest promotion and you w oukf Ike us to apply a payment on your account to a specific balance,please call Customer Service to discuss options that trey be available. 5404 BGH 1 7 22 111025 E PAGE 2 of 3 6210 1100 A173 OIDF5404 5404 13GE 1 7 22 111025 E PAGE 3 of 3 6210 1100 A173 OIDF5404 W- - mart , Save money.Live better, R Walmaff GEORGE L SUM V M us at w air art.combred'a Discover'card Account Number: _2661 Customer Service:1-866-611-1148 Y"!Y" tttt+ttttt+ttY M�rlla�'HMbhtttttttttttttttttttt Previous Balance $1,682.00 New Balance $1,655.53 - Payments $46.00 Total MnIntam Payment Due $46.00 Other Credits $6.51 Payment Due Date 12/17/2011 +Interest Charges $26.04 Late Payment Warning:1 we do not receive your minimum Now Balance $1,655.53 payment by the date listed above,you may have to pay a We fee up to$35.00. Credit Lind $2,000 Minimum Payment Warning:I you make only the minimum Avalable Credit $0 payment each period,you w At pay more in interest and d w ifl Cash ble Credit gash Limit $ 0 take you longer to pay off your balance.For example: AvaiableCash $0.00 .31 Yt Statement Closing Date 11!24!20114�'fh t #++4 lf+ i�t 1F 04. A 4*itrk+i 18S�Days in Billing Cycle 30 t t '411 F+k 4+*+* Ft Y�IZltAtMbllt{tF+ Y+Y t+Y+ ttt.+f{422tt 1+1�t.ttY+t ttttttt+tt Only the minimum 5 years $2,459.00 payment $61.00 3 years $2,181.00 (Savings=$278.00) I you would like information about credit counseling service4 cat 1-877-302-8775. tt+tfif a+a+aaa+a,raaara+a :TW1q=VVT1T a+a+arara+a+a+.a,raaa+a+a Previous Balance $0.00 Earning cash backwith the WalmarM Discover® (+)Earned This Period $0.00 is easy!Simply use your card everywhere Balance $0.00 Discover®'s accepted.Remember every time you earn just$10,you w ill receive a check in your billing statement-it's automatic. as+a+aaa+a+a+a+♦+a+a+a+aaa+a+aaa+a+aaaaa+a+aaa+•+a+a Tran Post Date Late Reference Number Description of Transaction or Credit Amount 11/15 11/15 76011319ZOOZF5516 PAYNH19-THANK YOU ($46.00) 11/24 11/24 INTff?6T CHARGE ADJUSTMENT ($6.51) FEES TOTAL FEES FOR THIS Pff10D $0.00 INTIEREST CHARGED 11/24 11/24 INTEREST gi4RGEONPURCHASES $24.86 11/24 11/24 INTEREST"PIGEON CASH ADVANCES $1.18 TOTAL INTEREST FORTHIS PERIOD $26.04 Total Fees Charged in 2011 $25.00 Total Interest Charged in 2011 $324.08 De YKAR,r ry F RY 5 P M(E)ON TFF T1 F D4TF NOTICE:We may convert your payment Into an electronic debt[.See reverse for details,Bing lights and other irrportant information. 5404 BGE 1 7 22 111124 E PAGE i of 3 6210 1100 A173 CIDF5404 Detach and mad this portion with your check Do not include any correspondence with your check Account Numbe 2661 Walmart le &, i s++ R++ :+�*++; t+3+t+++.+�+;+++ Save money,live better. $46.00 12/17!2011 $1,655.53 Payment Enclosed: $ ❑a❑❑ ❑a ❑F1 Reese use or black k ink ink blue New address or mat?Print changes on back. GEORGE L SMITH TADTAADFTTAATFAAAADAATDAADAADFTADAFATDDFT'AD FATATDMDA FAA DATTAFTD 77 FAIRVIEW ST CARLISLE PA 170153121 Make Payment To:WALMARTDISOCVHkGPCRB PO BOX 960024 FFDTTDTDFTAFA FTFTD DFTFDATFATTAD AFDFFFATFTATDTFDTDFI-I A 1tAq-0024 2 661 CusfomerSrrviaeTtuealbns:ForaoceuMrc formation,plrasecalllhetogfreerwmbaronthefror4otthsstatameM.Unl06syaurnames fisted onthis statement,youraocesstoinformagaronthe account maybe moiled.You maysilomaii questions(but rotpayments)to:P.O.9os965022,orhmda,FL 326965022.Plesse,includeyouraccoutnumic eronarryarrespondenceyousendtous. payments:Send payments to the address listed on the remit portion of this statement or pay online. Naha:Seebe lowforyowBillingRightsardollh rimportant information.Telephoningaboutbillingerrorswillrotpraserveyour rightsunderfnderallaw. Topreserveyourrights,pleasewritetoourBil"ItiquihesAddress,PC-Box9650223,Orlando,FL 328965023. Purchases,returns,and payments made Just prior lobilling date may not appear until nest month's statement,When you provide a check as paymem, you authorize us either to use information from yotrGl"tO make a rxee-time electronic fund transfer from your account orlo process the payment as a checktransaclbn.Whenweuseinformatanlromyoexchedrto make anelectronlofanddvanalet funds maybeWthdrewntrom your account assoonas the some day we teceive your payment,and you will not receive your check back him your financial institution.You army choose not to him your payment oolbctad elaclaonlody by esrldblp your payment(with the payment stub),In your own envelope—not the enclosed window emrolope,eddressed fo:Pa l3ox 539993,Atanta6GA36353-Mllsrul notthePaymemtAddress. Mat To DoN You Thlak You FandAUstabOn Your Stasenlent including any check or other payment Instrument that:(ii)indicates that the 0 you thirds there is an error on your statement,write to us at the Billing payment cons ades'paymant in full"or stendere t as loci satisfaction of a lnqueaAddi,moF disputed amount:or(d)is tendered with other caddbns or limitations GE Capital Retail Bank ("Disputed Payments'),must be mailed or delivered to us at P0.BOX P0.Box 965023,Orlando,FL 328965tyt3 91MIM,Orlando.FL 328965023. In your letter,gore us the following information: Craft To Your Account:An amcual shown in parenthesis or Preceded •Account hrtormalbn Your name and account number by a minus(-)sign is actedil or credit txekcoe unless otherwise Indicated. •Oc6eramourd.,The dolt amount of the suspected error. Credits wig be applied to your prenous balance immeclodey upon recapt, .Oeso iption of Fmb)em..If you think them is an error on your bill, butwill not salalyanyrequired paymem thalmay be due. describewhatyno belieeis wrong andwtyyou breve it is a mistake. Credit Reports And Accarrat Information.It you behave that we have You must contact us when 60 days after the error appeared an your reported inaccurate Informalicvn about you to a con"er-reporting statement, agency.peaseccntact us at PO tint x.5024,Orlando.FL 32tg6-5024.In You must+oily us of any potential errors In whting.You maycall us,but doing so,please identity the inaccurate irtormalion and tell us why you if you do we are not required to investigate any potential errors and you believe a is incorrect.If you have a copy of the credit report that includes maysievotepaytheamouminqueseon. the inaccurate irdormaUon,Pease include a copy of that Wort.We may Wtele we anestigate whether or not there has been an error,the report information about your account to credit bureaus.Late payments, following aretrue: missed payments.or ether defaults on your account may be reflected In •Wit cannot try to collect the amount in question,or report you as ycurcreditrepxL deknquenlon lhatamoord DafmncvSubjed ToMtsrest Charge Caict"on e The charge in question may remain on your statement,and we may Daily Bdarice t m&W:We figure the interest charge on your account by continue to charge you interest on got amount&A,t we determine that applying the periodic rate to the"daly balance"of your account for each day we made a mistake,you will not have to pay the amount in question or any in the billing cycle,We then add the interest to the daily balance.To get on Interest or other fees related to that amount. 'daily balance"we tale the beginning balance of your account eaik day •While you do nil have to pay the amount in question,you are (which Includes urpaideteresft,add any new charges,and applicable fees. responsible for N remainclarof your balance, and subtract any payments or credb Tms gies us the daily balance.Any •Wecan any any unpaid amount against your credit limit, may balance of less than aaro will be treated as zero.A separate only Your Rights N You Are Dissatisfied "i Your Credrt Card balance will be calculated fir each balance type on your soroum.The purchases halance(s)shown inthe li tamst Charges sectionof 0nssolemam s the sum It you are dissatisfied with the goods or services that you have of the daily balances lot each day No the biting cydediededly ins numberof purchased with your Credit card,and you have Ided in good faith to days i in the billing cycle. correct the problem with the morchand.you may have the fight not topay SwinuptcyNoacerlf you fie bankruptryycu roust send us notice,including the remairing amount due on the purchase. account number and all information related to the proceeding to the following To use this right,all of the following must be true; address:GE Capital Rated Bank,Attn:Bankrupiry Dept.,PO Bar 103104.. 1.The purchase must have been made in your home gate or within 100 Roswelt.GA 30076. miles of your current mailing address,and the purchase price must have Youra=untisoisewarld servic adbyGECapitafRetar7 Ban k been more than$50.(Hots:Neither of these are necessary it your Hearing impalad.TDD users call t-800,144-1732. purchase was based on an aderlisomeni we mailed to you,or if we own thecmnpanylhal sold you thegoodsorservibes.) 2.You must have used your credit card for 09e purchase.Purchases made wilhcash advances from an ATM or wdh a check that accesses your credacadaconuntdonot quality 3.You must nalyethavefullye paid for thepurchase. It at of the creeds above are met and you are still dissatisfied with the purchase,contact us in wn"at- GE Capital Retail Bank P0.Box 965023,OdandC.FL 32896-5023 While we investigate,the same rules apply to the disputed amourd as discussed shoe.After we finish our investigation,we will lei you our decision,At that point,if we think you owe an amount and you do nor pay we may report you as delinquent, Information About PaIwwots:You may at any timepey in whole Grin papa,the total unpaid balance without any addifiortaf charge for prepayment Payments received after 5:00 PM(ET)on any day wig be credited the next day CrecMtoyourArcouM may be delayed uplo We daysif payment(a)o not received atthePaymenl 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 a tachedto yawsiatemern,(d) contains more than one payment or remitt ince coupon,(e)is not received in the remittance envelops provided or(Q includes staples,paper clips, tape,a tdkled check,or comespandernce of any type.Gaildiltorial Payments:As written communications concerning disputed amounts, OIDF5404.2-071132011 This is an attempt to collect a debt and any information obtained will be used Rx that purpose. $yprovideogafelephonenumberon ynxaacownt..you consmtloGECapdal RelallBankand aryolherownerorsBVL^er of your aoccuntcemacurgyou about youraaaurt including using any contact Information orceil phone numbers you provide,and you consent to the use of any automatic telephone dialirgsyslem and/or an artificial orprerecorded vcicewhen contacting you,oven if you arecharged for the call underyourptoneplan. For changes of address,phone number andtf snail,please check the box and pica the charges below. Sunset Address City,Slate, ❑ Ph Phone# E-mail Home Phone# BreiruessPhone# *Cell#or other phone#we Email Address can use to contact you By providing your email address,you agree to receive small communications abed your account and also*a permission for us to sham your email address to Welmarl. Vllalmart Sa . ve money.Live better. tttttt+tttit f+4t+t ftftt t*+++++*+*+*..t+t4tft4tttlt Your Annual Percentage Rate(APFQ is the annual interest rate on your account. Type of Balance Expiration Date Annual Percentage Balance Subject t o interest Charge Rate Interest Rate Regular purchases INA 18.87% $1,602.73 $24.86 Cash Advances U4 21.879/6 $0.00 $0.00 Quick Cash Until Paid Off 18.87% $76.56 $1.18 st�Ntr •+++++*+t+++++ +t+++++++•+s+;+++�+t+�+•+•+*+r+ I your account has a deferred interest promotion and you would lice us to apply a payment on your account to a specific balance,please call Customer Service to discuss options that may be available. 5404 BGH 1 7 22 111124 E PAGE 2 of 3 6210 1100 A113 OIDF5404 5404 BGH 1 7 22 111124 E PAGE 3 of 3 6210 1100 A173 OIDF5404 Walrnart . Save money.Live better. Watmarr GEORGE L SMITH Visa us at w alrart.comdcreda Discover'card Account Number: 2661 Customer Service:1-866-611-1148 ere�yw�AS----atl_ 1' r'- - t±++tt±t±ftt Ilaynett. ...r. .. . tttetttf ttt .tt. Previous Balance $1,655.53 New Balance . ± ±lance $1,629.94 -Playments $46.00 Total MninumPayment Due $46.00 -Other Credits $6.60 Payment Due Date 01/17/2012 +Interest Charges $26.41 Late Payment Warning:l we do riot receive your nininum New Balance $1,529.34 payment by the date listed above,you may have to pay a late fee up to$35.00. Credit Limit $2000 Minimum Payment Warning:If you make only the ninirrum Avaiable Credit $0.00 payment each period,you will pay more in interest and a w M Cash Advance/Quick Gash Limit $440 take you longer to pay off your balance.For example: } +};; Avalable,Cash $0.00 + Zgtir�Iatry*+ t�1 fF P4Mr 9M+ StaterremgosingDate 12/25/2011 *�F7'-+f#'t�ti4+ Days in Billing Cycle 31 +#nI +4 + ieFP IPA++ t1Ft 4�Jt�ttirtbtlt{rFt t+tai++++ Only the minimum 4 years $2,399.00 payment $60.00 3 years $2,146.00 (Savings=$253.00) 1 you w ould lice information about credit counseling services,call 1-877-302-8775. 1�a+a rr ra Tar a Tara ra a ra+a+aaa�a,raaaa1P�a,aa+a+a Revious Balance $0.00 Earning cash back w ah the Walmart®Dscover® (+)Earned This Period $0.00 is easy!Simply use your card everyw here Balance $0.00 Discover®is accepted.Remember every time you earn just$10,you w I receive a check in your billing statement-its automatic. +a+a+♦+a+a+a+a+a+a+a+a+a+a+a+a+a+a+a+a+a+a+a+aaa+a+a Tran Post Date Date Reference Number Description of Transaction or Credit Amount 1012 12/12 7601131ASOOZFIriZ1 PAYMENT-THAW YOU ($46.00) 1025 12125 INTEREST q-IARGEADJUSTM NT ($6.60) FEES TOTAL FEES FOR THS PERIOD $0.00 INTEREST CHARGED 12125 12/25 INTEREST CFA RGE ON RJFKM SES $25.65 12/25 12/25 INT84BTCHARGEONCASHADVANCES $0.76 TOTAL INTEREST FOR THS PERIOD $26.41 +tt#+t+t++ffIM�ili_FyYdaF{A$lbt+t+t+t+t+_ Total Fees Charged in-2011 ... .. ......-• -• $25.00 Total interest Charged in 2011 $350.49 PA YM3dr DI F RY 5 P M(jQ ONJ TI-F Tt F DATF NOTICE:We may convert your payment into an electronic debit.See reverse for details,Billing Fights and other important information. 5404 BGH 1 7 22 111225 E PAGE I of 3 6210 1100 A173 OIDF5404 Detach and mail this portion w ah your check Do not include any correspondence with your check. Account Number 2661 Waimart :* +:n:�# :mot ++++:+t:+ t Save money.Live bettor. $46.00 01/17/2012 $1,629.34 Payment Enclosed:kink $ ❑❑❑ ❑ ■ ❑❑ Haase use blue or black ink New address or email?Rut changes on back. GEORGE SMTH ADFATFAAFFTTADDFDFTDDFAFTAAAATDDTDTAFfATFDFADDTFAAAFADFTDFTADDTDT 77 FA RV FW ST CARUSLEP417015-3121 Make Payment To:WALMARTDI5COV@:VGECHB PO BOX 960024 ADATFDFDDDTTAFDFATTDTDAFTADA AFDTDDTDFDFDDTATTFFTFTfD'N'AQPfKbRIAO24 2 661 cusfomerstervw 2uastons:For account information,plessecatthatoll fee mhmbaronthe front of thfirstalemem.Unlessyoufnames listedonthis statement,youraacasroin formabmonttmaccwmlmeybefrnited.You mayaesomaii queshore(but not payments)to:PA.B rx%5022,06111do,FL $29995022,Pleaseincl deyouraccountnumbaronanyocrrespondenceyousendtous. Payments Send payments to the address listed on the remit portion of this statement of pay online. gotce:Seebelaw laryer Billing Rights and other important information.Telephoning about billing erorev4t nut presomyourrigltsunder6sderal law. Topwserveyourdghls,pleasewdlertoeurBillhg nquinseAddress,PO.Bax965023,Orlando,FL32896-5023. Purchases,returns,and payments me*just prior to billing date may not appear until nerd morth's statement.When you provide a check as payment, you authorlteus either to use information from your rhea to make a ona-time afoctromic fund transfer from your account or to process the payment as a checktareacUon.WhenwiruseinWrmatdonfromyourchecktomakeanelectronictwxJVansf e,fundsmaybewithdrawnfromyowaccountassoenas the same day we receive your payment,and you will not rexhe your cheA back from yon financial Institution.You may choose not to have your paytneM collected electronically by sending your payment(Oh the payment slub),In your own emrolope—not ere enclosed window enwiope,addressed to:PO.Box 539993,Atanta6GA30353-0903and nottlie PaymentAtldtess. MeTO Dod You Think You Find ANistakeOn Your Statement including any check or other payment instrument that;it)kudicates that the If you think there is an error on your statement,wdte to us at the Billing payment constiwtes'payment in full'or is tendered as full satisfaction of a tnqu Addressol: disputed amount;or(di)is tendered with Otte condilons or limitations GE Capital Retail Bank CDC Payments'),must be mailed or delivered to us at P.O.Ea PO.Biz 965023,Orlando,FL 328965623 965023,Orlando.FL 32696.5023. In your later,girvie us the following information Wits To Your Account:An amount shown in parenthesis or preceded •Account kdomtatiion:Your name and account number. by a mints(-)sign"credit or credit balance unless otherwise indicated. •Dotaramount The ddlec amount of the suspected era Credits will be applied W your previous balance immediately upon receipt. .Descrollorr of Phobiem..If you think there is an error on your tan, but will not Satisfy anyrequeed payment Ii may be due. descnhewhatyar believe is wrong and why you bebmtisamistadm. Credit Reports And Account Information:If you believe that wehaw You must cottad us werim 60 days after the error appeared on your reported inaccurate,Information about you to a consumer-reporting statement. agency,pleasecortact us at P.O.Box 965024,Orlando,FL 328W-5024.In You must rvutiy us of any potential errors in wi ft..You may call us,but doing so,please loemiy,the inaccurate information and tell us why you if you do we are nil required to irnesCgate any potential errors and you believe t is incorrect.If you have a copy of the credit report that includes may have to paythe amount in question. the inaccurate information,please include a cop of that report We may While we emestigate whetter of not there has been an error,the report information about your account to credit bureaus.Late payments, following arelrue: missed payments.or other defaults on your amount may be reflected in •We cannot try to coiled the amount in question,or report you as yo rcreditreport. delirauemonthatamourt. BaranceSubkctTOMferstCherge Calculation .The charge in question may remain on your statement,and we may Daily Balance r u&W:We figure the interest charge on your account by continue to charge you interest on that amount But,9 we dekrmiae that applying flea periodic rate W the"daily telance"of your account for each day we made a mistake,you will not have W pay the amount in questo or any in the bung*le,We than add the interest to the day balance.To get the interest or other fees related tourist amaaaL 'daily balance"we tate the beginning balance of your acom nit each day •WN19 you do not have to pay the arrourt in question,you are (ahiohirrkrdeswpatdzteresE),addartynescharges.andappicablefees. resporrAlefortteremadnderoryourbalance and subdued arty payments or ore irs.This gnes us the daily balance.Any •We can apply any unpaid amount against your credit limt, daily balance Of less than area will be treated as moo A separate day Your Rights N You Are Dissatisfied" Your Credit Card balance will be calculated for each balance two on your account.The Purchases halance(s)sikmninthe Interest Chargessedionof this stalemard is the sum If you are dissatisfied with the goods or services that you have ofttedaybalacesforeadhdayinnrblingcydedWedbythemmberof purchased with your credit card.and you have tiled in good faith to days n the tilling cycle. correct the problem with the merchant,you may have the right not to pay BanbupfcyAblice't you fie bankmpclryou must send us notice,including the remaining amount due on the purchase. account number and all information related to the pfaweding to the following To use this right,all of the following must be true: address:GE Capial Retail Bank,Attn:Bankruptcy Dept,,PO,Bar 1031 D4, 1.The purchase must have been made in your home stairs or within f00 Romfl.GA 30076. miles of your current mailing address,and the purchase price must have YouraccorwdisownadandearvicedbyGECOWReWBank been more than$59.(Note:Neither of these are necessary if your glaehnghapabed.,MDusersoall1-MOA44.1732. purchase was based on an advertisement we mailed to you,or if we own the companythat sold you thergoods or services.) 2.You mist here used your credit card for ire purchase.Purchases made with cash advances from an ATM or with a check that accesses your credtcardaroourldonolquably 3.You must not yet haw firty paid for the purchase. It at of the criteria above are met and you are still dissatisfied with the Purchase,contact is in nw0val: GE Capital Retail Bank P.O.Box 965U23,C danda FL 32896-5023 While we Investigate,the same rules apply to the disputed amount as discussed shale.Ater we finish our investigation,we wit leg you our decision.At that mint,if we think you owe an amount and you do not pay we may report you asdeiin quert, information About Payments:You may at any Nine psi,in whole Orin Part the total unpekl balance without any sddblonal charge for prepay nett Payments received after 5 00 PM(ET)on any day will be credited asof the next day.Credit toyour Account maybedelayeduptoWe days t payment(a)is not Wits ed at the Payment Address,(b)is not made in US dollars drawn on U.S_fmaroial institution boosted in the U.S.,(c)is nil 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(q ndtcies staples,paper clips, tape,a folded credt,or corresibrndert,e of any type.CoWiliml Payments:At written communicators concerning disputed amounts, 010F5404.2 07/13!2011 This is an attempi to collect a debt and any information obtained will be used for that purpose. *Byprorvidkg a telephonenumberon your account.you comentfoGECeprial Retail Bank and"otherovsrr of servl^er of youracceunlcomacbng you about youraccoum,including using arty contact Information or cat phone numbers you provide,and you consent to the useof any automatic telephone diatingiystam andtor an artificial or prerecorded voicewhen contacting you,even if you arecharged for thocall underyourphoneplan. For changes of address,phone numiber andtor email,please check the box and pro the changes below. Street Address City,Slate, ❑ Ph ore# E-mail Home Phone BusirmssPhone# *Call#a COW Phone#INS, Email Address cart use to contact YOU By prmnding you email address,you agree W receive email communications about your amount and also give permission fa us to share your email address to Wetmart. Walmart . Save money.live better. tamp+ �I iF+t+t+t+ttt+t+t+ttttt+t+t+tfttt►ttt+t+t+t+t*+*+*++t Your Annual Percentage Rate(APIA is the annual interest rate on your account. Type of Balance Expiration Date Annual I§rcentage Balance Subject t o Merest Charge Rate interest Rate Regular purchases INA 18.871/6 $1,600.11 $25.65 Cash Advances M 21.87% $0.00 $0.00 Ciuuick Cash Until Paid Off 18.87% $47.47 $0.76 I your account has a deferred interest promotion and you would lice us to apply a payment on your account to a specific balance,please call Customer Service to discuss options that may be available. 5404 HGH 1 7 22 111225 E PAGE 2 of 3 6210 1100 A173 OIDF5404 5404 BGH 1 7 22 111225 E PAGE 3 of 3 6210 1100 A173 OIDF5404 WaImart . ;eve money.Live better. Walmarr GEORGE LSMITH Visa us at wakert.cordcreda Discowr'card Account Number: 2661 Customer Service:1-866-611-1148 _ Ado. .v�dlfY +ftttf+f+f tf+T M#dC�'NM'bhT+T+Ttt+T+f+Ttf+T+Tt Previous Balance $1,629.34 New Balance $1,602.82 _ Payments $46.00 Total Mnirrum Payment Due $46.00 Other Credits $6.50 Payment Due Date 02/17/2012 +Interest Charges $25.98 Late Payment Warning:d we do rat receive your minirrum New Balance $1,602.82 payment by the date listed above,you may have to pay a late fee up to$35.00. Credit Limit $2000 Minimum Payment Warning:t you make only the rninimum Available Credit $0.00 payment each period,you w ti pay more in interest and a w id Cash Advance/Quick Credit Cash Unit $ 0 take you longer to pay off your balance.For For;example: +# Available Cash $0.00 i tierrw*+ f T+ 1►wr w�MP4MrW4n!* Statement Closing Date 01/25/2012 T � T * T T{��T+ f+i. 4+ t+ Days n Milling Cycle 31 .44 +T T fef ++ t7�'M}SC1lHill I1F4 i�lAltt�rbl�l4rh4 t+tom► t+t+ 4t}.+i+.t+ttf T+$a+++T T+T+f+T+T+ 4+ #4 t4 rt4#t 4+trt4#i+4+ Only the rrininum 4 years $2,339.00 payment $59.00 3 years $2,111.00 (Savings=$228.00) 1 you would Mw information about credit counseling services,cad 1-877-302-8775. a,r++.ara+,ar,aaaia++ a a+a,ra+++aaaaaraa++aaar,a Previous Balance $0.00 Earning cash back w ith the Wakrart®DscoverO (+)Earned This Period $0.00 is easy!Simply use your card everywhere =Balance $0.00 Dscover®is accepted.Remember every the you earn just$10,you w id receive a check in your biding statement-its automatic. +a+a+a+a+a+a+a+a+aaa+♦+a+aa♦+a+a+a+a+a+a+a+a+a+a+a++ Tran post Late Date Reference Number Description of Transaction or Credit Amount 01/12 01/12 7601131CWOOY61R3S PAYMENT-THAN(YOU ($46.00) 01/25 01/25 INTEFESTO-IARGEADIUSTME TT ($6.50) FEES TOTAL FEES FOR THS PERIOD $0.00 INT9ST CHARG® 01/25 01/25 INTEREST CFA RGEONPURq-ASES $25.65 01/25 01/25 INTSTESTCI-14RGEONCASHADVANCES $0.33 TOTAL INT61PaT FOR THIS PEROD $25.98 +t+4+4+t+4. .1 .... i� '6�ldt#4+t+t+4+_ Total Fees Charged n 2012 __....__ $0.00 Total Interest Charged in 2012 $25.98 Total Interest Paid in 2012 $26.41 rb Yua n ry F av G PM(ED ON TIE D(F DATE NOTICE:We may convert your payment into an electronic debit.See reverse for details,Billing!Fights and other important information. 5404 BGH 1 7 22 120125 E PAGE 1 of 3 6210 1100 A173 OlDF5404 Detach and mail this portion w ith your check Do not include any correspondence w ith your check AccountNumbe 2661 Walmart e, :M:**�: Save money.live better. $46.00 02/17/2012 1 $1,602.82 Payment Enclosed: $ ❑❑❑❑ ❑ s ❑❑ Please use due ar black Ink New address or email?Pent changes on back. GEORGE LSUM DTTTAADDATAFTFAAATDAATDTADAADFTAFAFATTDFTADFDTAADDTTDAATADFTTAFrF 77 FAIRVEW ST CARLISLE PA 17015-3121 Make Payment TO:WALAARTDISCOVBkGECRB PO BOX 960024 FTFFFADDAFFDDTDTFFADFFFFDDADADFATTTADDDTTDTADDAFAFDD'T-r 024 2 661 Customer$wvk*Quesdons:Fora000unt Information,pleasecallthetoll heenumberon the foal dtlesstalement.Unless yourname s%Won the statement,youraccesstoinformalion on the account maybe Isnaed.You mayatsomail questions(but not payments)to:P.O.6er965022,Orlando,FL 328884022.Please include your account num baron any correspandenca you lend 10 us. Payments:Sena payments la the address listed on the remit portion of this statement or pay online. Notice:Sea bellow foryora Billing Rights and other important information.Telephoning about billing errors will not preserve your rights under federal law. To preserveyournghts,plassewrite toaur BillirglnquiriesAdoress,P.O-Box 965023,Orlando,FL 32e965023. Purchases,returns,and payments made just prior to billing date may not appear until neid month's statement.When you provide a check as payment, you authorize us either to use information from your check:to make a one-lime dectrbrec fund transfer from your account Orto process the payment as a checktrarsacllon. Wherivieuselinformallon from yowchetktomake an electronic furdVarefer.funds maybe withdrawn from yew account as soon as the same day we receive your payment,and you will not rereae your check back from your financial institution.You may choose not to here your trainman od6dW electronically by sending your psymem(With the payment stub),In your own etrvelope—not the enclosed window artvafope,addressed to:P.O.Box530003,ANa ita,GA3p353.0083and ndihePaymemAddress. WAafToDoN You Think You FiadAlNstaheOn Your StalemeM including any check orotherpayment instrument that;(itindicates that the It you think there is an error on your statement,write to us at the Billing payment wnst8ules'paym ent in fug'or is tendered as fug satisfaction of a Inquu esAddressof: disputed amount or(ti)is tendered with other conditions or limitations GE Capital Retail Bank (-Disputed Payments'),must be mailed Or delivered to to at PO.&a PO.Box III& ,Orlando,FL 328065023 965023,Orlando,FL 328966023. In your War,line us the fdlowirg information Credits To Yaw Account:Anannount shown in parenthesis or p4enoded •Account srfermakon:Your name and account number by a minus(-)sign a a creditor credit Wince unless otherwise indicated. •Dde,amamt The dollar amoral at the suspected errs Credits wig be applied to your previous balance immediately upon recegtt, • Description of Problem:if you think there is an error on your hid, butwill notsatsyanyrequeed payment analmaybedue. describewhatyouhefiewiswfongandwhyyoubcwevetisamislake. Credit Reports And Account information.If you believe that we have You must contact us wthan 60 days after the error appeared on your reported inaccurate information abort you to a carsurner-reporting statement. agency,pleasecontact us at P.O.Box 9M4,Orlando.FL 32896-5024.in You must notify us of any potential errors In wmlkog.You maycall us,bW doing so,pease identify the inaccurate information and tell us why you if you do we are net required to investigate any potential errors and you believe t is incorrect.If you have a copy of the credit report that includes maybaveto pay the amour i in quasdon. Ste inaccurate information,(lease include a cagy of that report ft may Whale we anesfigate whether or not there has been an error,the report information about your account to credit bureaus.Late payments, following aretrue: missed payments,or ether defaults on your acenam may be refeded In •We cannot try to called the amount h question,or report you as your credit report, definquanton thalamount- Belauce SuO(ect To Inlenst Charge Calculation • The charge in question may remain on your statement,and we may Daily Balance mslrod:We figure the interest charge on your account by continue to charge you interest on that amount But,d we deerniea that applying the periodic rate to the"daily balance"of your account for each day we made a mistake,you wig not have to pay the amount in question or any in the bill cycle.We than add the interest to the dairy balance.To get this interest o COW fees related to that emord. 'daffy balance'we take the begmaang balance of your account eani day • While you do not have to pay the anourt in question,you are (which lrrkdes unpaid steresi),add any new charges.arid applicable fees. resporsifila for the mmainderof your balance. and subtract any payments or aedts.This gives Lis the dally balance.Any • We can apply any unpaid amount against your credit limit, daily balance of less than sec will be treated as zoo.A separate daily Your Rights N You Are Dissatisfied Witt Your Credit Card bahrsw will be calculated for each balance type on you exeud The Purchases b.asnca(s)shown in Ore interest Charges section of this stademant is the sum If you are dissatisfied with the goods or servo%that you have ofthed*baWreskuearhdayinthebNngcycedNWedbythenunberof purchased with your credit card,and you have tried in good faith to daysi n lhebgtingcycle. correct the problem with the merchant,you may have the right not to pay BanbupreyNnNoe:9 you fie bankrupicyyou must send us notice,including the remaining amount due on the purchase, account number and all information related to the proceeding to the following To use ties right,all of the following must be true: address:GE Capital Retad Bank,Attn:Banlmuttcy Dep.,PO Bar 103104 1.The purchase must have been made in your home state orwithin100 Roswell.GA 3D076. miles of your current mailing address,and One purchase price must have YouraceormtisownedwerservicedbyGECapfa iRetadOWIL been more than$50 (Note:WiBner of these are necessary if your Hawlagkapaked:TDD users call l- DA44-1732. Purchase was based on an advartisamend we mailed to you,or if we own the company that add you f he goods o sery ices.) 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 amount do notquefy. 3.You must colyet have Rally paid forthepurchase. If all of the criteria above are met and you are still dissatisfied with the purchase,contact us in wrifingat GE Capital Retail Bank P0.Box 965023,Orlando.FL 3280&5623 Whsle we irwestigale,the same rules apply to the disputed amount as discussed above Ater we finish our investigation,we will tell you our decision,At that point.if we think you ow,an amount and you do not pay we may report you as delinquent, In formation About Psymsnrs:You may at any fine Pay in whole Orin, part,the total unpaid behice,without any additional charge for puapayment Payments received after 5:60 PM l on any day will be credited asof ftnedday CredttoyourAecount may be delayed uplofrve days if payment(a)s not A reword at the Payment Address,(b)is not made in US.dollars drawn on a U.S financial institution located in fire U.S,(c)is not accompanied by the remittance coupon attached to your allotment,(d) contains more than one payment or remittance,coupon,(e)is not received in the remittance envelope provided or fo includes shales,paper ollps, tape,a ktlded check, or corresponderes of any type.dal Payments:At whiten communications morning disputed amounts, 010F5404.2.07113(2D11 This a an attempt to calla[a debt and any information obtained win be used fur that purpose, *By peovidxg a telephone numberon ytwr accourt,you consenttoGE Cap&Retell Bank and aryolherowner or worker of youraocount contacgng you about your account,mcludag using any contact Information or cell phone numbers you provide,and you consent to the use of any automatic telephone di ling system ancitr an artificial or prerecorded voice when connecting you,own if you arecharged for the call undaryour phonepian. For changes of address,phone number andtor emaid,please check the bo and print the changes below. Street Address City,Slate, Zip Phorre# E-mall Home Phone# Business Phone# *Cell#oredter phone#we Email Address can use to contact you By providing your email address,you agree to receive small communications about your account and also gnus permission for us to share your email address to Welmart. Walmart .. Save money.Live better. t�l�tt�yee�4il ;t-;;;t;- +;+ +*+*+*+fttt+....ttttttt*+*+*+*+*+*+*+*+ Your Annual Percentage Rate(APR)is the annual Merest rate on your account. Type of Balance Expiration Date Annual Percentage Balance Subject t o Merest Charge Rate Interest Rate Regular Purchases ly4 18.879/6 $1,600.43 $25.65 Cash Advances ly4 21.870/6 $0.00 $0.00 GuickCash Untd Paid Off 18.870/6 $20.75 $0.33 E your account has a deferred interest pronoTion and you would Ike us to apply a payment on your account to a specific balance,please call Customer Service to discuss options that rray be available. 5404 aGH 1 7 22 120125 E PAGE 2 of 3 6210 1100 A173 Ol DF5404 5404 EGH 1 7 22 120125 E PAGE 3 of 3 6210 1100 A173 OIDF5404 Customer SifrinkaQuesfio vs:Foraocoum information,pleasecallthetog freenumberon the"of thisstalement.Unlessyourname Iststed on this moment,yourao:mtoinformalionontmatc u imaybebmked.Youmayalsomailquestions(butnotpsymerts)ta:PA.Boa965022,Orlandlo,FL 320995M Pleasa mckde you account mrmberon any corrsspondence you send to us. Payments:Send payments to the address listed on the remit portion of thta satereenl or pay online. Notice:Seebekw foryar Billing Rights and other important information.Telephoning about billing errors vait not preserve your rights under federal law. Toprsswwyourrights,pOmwdletoourBilligdnquih"Addras,P.QBa9G5023,Oriandq FL32t19fySM, Purchases,returns,and payments made just prior to billing date may not appear until net month's statement.When you providea check as paymant, you outhorlaeus either to use information from yAhuchackto make a one-limeelectmtre fund transfer from your account ortopteoess It*payment as a checktransadbn.When wausehiformation fromyourchecktomake an electronic fardirsirisfer.funds maybewithdraien from youraCcourd as sow as the some day we receive your paymerd,and you will not rec"yen clock back from your financial institution.You may choose net to haw your payment collected electronically by sending your payment(wfth the payment stub},M your own envelope—not the enclosed window emrolope,addressed to:RO.Box 530993,AHanta6t3A 393530093 and motthe PaymentAddress. What ToDoNY"Think You Find AMstabOn Yew StamameM including any check or other payment instrumemfial(r)adicatesthalthe U you think there Is an error on your statemem,write to us at the Billing paymenteonst OAes'xey reent in fug°oris tenderedas fug satisfaction of a InquWaAddremat. disputed amount:or(ii)is tendered with other condtlbrt or Canaations GE Capdat Retail Bank (-Disputed Payments'),must be mailed or delivered to is at P,O.Bon PO Ba 965023,Orlando,FL 328965023 965023.Orlenda FL 326963023. In your letter,gne us the fdlowirg ktilwmalion: Credits To Your Account:Anamount shown in parenthesis or preceded •Account krfam itian:Yaw name and account number by a minus(-)sign is a mA or credit balance unless otherwise indicated. •Dabr amoud.,The dotes amount of the suspected error. Credits will be applied to your previous balance immediately upon recent, •Descn'phon of Probbirw If you think there is an error on your big, butwill naLsatislyarfirrectuired paymerathalmsybedue. describewhatyeubeliawis wrong and whyyou befievagsamstake. CredkRoper%And Aomori kdorniadow Ifyoubelievethatwehave You must oomad us within 60 days after the error appeared on your reported inaccurate information about you to a consumer-reporting statement, agency piasecontact us at P0.Box 965924,Orlando,FIL 32806-5024.in You must ratty us of any potential errors in wtdvig.You may cat us,but doing so,please identity this inaccurate information and tell us why you if you do we am not required to inveslgate any potential errors and you believe a is incorrect.If you have a copy of the credit report that includes may havoto paylheamoum ioquesdien. the inaximirle information,please include a copy of that report.We may While we awestigats whether or net there has been an error,the report information about your account to credit bureaus.Late payments, following aretrue: missed payments,or other defaults on your account may be reffecied in •We cannot by to called the amount in question,or report you as ycurcredl report deknquenton thatarownt BalawaSuiyed To Interest Charge Calculation • The charge in question may remain on your statement,and we may Daily Bdnm a maBwd:We figure the interest charge on your account by continue to charge you inivesl on that amount..But,A we determine that applying is periodic rate to One"daily baanoa"of your account for each day ors made a mistake,you will not have to pay the amount in question or any in the billing cycle.We then add the interest to the daily balance,To get the irrterestor other fees related to that amount. 'dairy balance"we take the beginrxg balance of your acceva each day •While you do not have to pay the amours in question,you are (which mobdes unpaid irtereslt add arty new charges,and applicable lees. responsble for the ramaindeof your balance, and subbed any psymanls or creckliThis gross us the daily balance.Any •We can apply any unpaid amount against your credit limit, rung balance of less than zwo will be treated as cam A separate dairy Your Rights R You Are Dissatisfied UM Yew Credit Card balance will be calculated for each balance type on your account.The Purchases baance(s}shaxm in 0skdereet Charges sectionof this statement is the sum If you are dhsadisfred with the goods or services that you have oft hedslybalamesbreach day n Via billing cydedivdedby the numberof purchased with your credit card,and you have tried in good faith to daysnthebitingcycle. correct the ptodem with the metcham,you may have the right not topay BanbupicyNofte:If you fie banlwpicyyrw must send Lis notice bcludN themmainng amount due on the purchase. aomund number and all Information related tolhe proceeding to the fallowing; To use this right,all of the following must be free: address:GE Capital Retail Bank,Attn:Bankruptcy Capt.,PO Ba 1031 D4, t,The pueonase must have been made in your home state or within 100 Roswell,GA W6. miles of your current mailing address,and the purchase price must have YorrraccounfisownedworsavicedbyGECApdWRNaABawk been more then$50.(Note:fileitlor of these are necessary it your Hearing hnpaied:TDD users cell 1V0-444-17322. purchase was based on an advertlaemed we mailed to you,or if we own the companylhat add youtregoodsorservicirs) 2.You must have used your credit card for Vie purchase.Purchases made wilhoash advances from an ATM or with a check that accesses your credacard accauntdormt quaky. 3.You must not yet ham luny paid for thepurchass. If at of the criteria above are met and you are still dissats€oil with the Purchase,WrraCt us in wv#ingat. GE Capital Retail Bank PO,Box 965023.Odando FL 32696-5023 Whim we owesligale,the same rules apply to the disputed amount as discussed shave.After we finish our inmstigaticn,we will del you our decision.At that point,it we think you owe an amount and yet do not pay we may report you as delinquent. Information About Payments:You may at any fime pay inwk boriw Part Use totaf unpaid beWce without any acids fonal charge for prepayrrwwt Payments received after 5 PM(ET)an any day veg be credited asof the nektday.CredittoyourAccount may be delayed uptokve dayshf payment(a)a not rexwed at the Payment Address,fb)is not made in U.S dollars drawn on a U.S.financial institution located in 9a U.S,(c)is nod accompanied by the remittance coupon attached to you sUlement,(d) contains more than one payment or ris nittanwa coupon,(e)is not received in the remittance erwelope provided or M includes staples,paper clips, tape,a folded check, or comespondemce of any type.faliMijig Payments:At whiten communicators concerning disputed amounts, OIDF5404.2.07/130011 This is an attempt to collect a debt and any information obtained wit be used for that purpose *By perw i ft a telephone nu mberon your account,you co nsent to GE Capital Retail Bank and ary other owner or servb®r of you account contacting you abom your arrow 1,Including using any contact information or cell phone numbers you provide,and you consent to the use of any automatic telephone dusting system andbr an artificial or prerecorded voice when contacting you,even if you are charged for ihecall under your phoneplan. For changes of address,phone number andks emag,please check the lime and Prim the changes below. Street Address City,State, LP Phormilk E-mail Home Phone# Business Phone# *Cell#or Otter pthona#we Email Address can use 10 contact you By providing your email address,you agree to receive email communications about your account and also give permission for us to sham your email address to Waimart. Walmart . Save money.Live better. 1r"i6i4v- il rrt+t+t+t+t+++t+t+t+t+tt++++t++tt+ttt++t+ttttt++++t+ Your Annual Percentage Rate(APfp is the annual interest rate on your account. Type of Balance Expiration Date Annual Percentage Balance Subject t o Interest Charge Rate Interest Rate Regular purchases INA 18.87% $1,593.14 $23.89 Cash Advances I'A 21.87% $0.00 $0.00 Buick Cash Until Paid Off 18.87% $3.83 $0.05 �f�tptr trtrtrtrtrtrtrtrtrttrttrtt+t+trttrttrttrttrttrtrtrttrttrttrttrttrttrttrt I your account has a deferred interest promotion and you would Ike us to apply a payment on your account to a specific balance,please call Customer Service to discuss options that may be available. 5404 SGH 1 7 22 120223 E PAGE 2 of 3 6210 1100 A173 OIDF5404 5404 BGH 1 7 22 120223 E PAGE 3 of 3 6210 1100 A173 OlDF5404 Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Gregory J. Babcock, Esquire, # 205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1- 866 - 428 -8102 FAX: (757) 518 -0860 Attorneys for Plaintiff i-)rt� l t J hip arc 0 :39 i...;;" r.,,._,.;tkO CC1tiR rl Y IL �„ni�1 f� firs v V NIA ,�� i � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC : Plaintiff v. GEORGE SMITH Defendant NO. 13- 3825 -CIVIL PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes Plaintiff Portfolio Recovery Associates, LLC, by and through its attorneys, and files this Motion for Summary Judgment for the following reasons: 1. Plaintiff initiated litigation, via Complaint, against Defendant on or about July 3, 2013. 2. On July 23, 2013, Defendant filed an Answer to Plaintiffs complaint. 3. On or about November 26, 2013, Plaintiff served Request for Admissions via first -class mail. A copy of said Request for Admissions is attached hereto as Exhibit "A." 4. Said discovery requests were not returned by the Post Office. 5. As of the date of this filing, Defendant has failed to respond to Plaintiffs Request for Admissions. 6. Plaintiffs Request for Admissions sought admissions to certain facts dispositive of Plaintiffs collection case. 7. Pursuant to Pa.R.Civ.P. 4014(b), all requests for admissions are deemed admitted if not responded to. 8. Pennsylvania Rule of Civil Procedure 1035.2 states: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. (1) whenever there is no genuine issue of material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or (2) if after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury. 9. Based on Defendant's failure to respond to Plaintiffs Request for Admissions, there is no issue of material fact remaining for trial. 10. More specifically, Defendant admits the balance due and owing to Plaintiff is $1,686.28. 11. As a result, Judgment should be issued in favor of Plaintiff as a matter of law for total Judgment of $1,686.28. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion for Summary Judgment and enter Judgment in Plaintiffs favor and against Defendant in the amount of $1,686.28 plus costs of suit. 13-11127 Respectfully Submittet By: Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Gregory J. Babcock, Esquire, # 205061 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. Carrie A. Brown, Esquire PA Bar #:94055 Robert N. Po las, Jr, Esquire PA Bar #: 201259 Mark R. Garvey, Esquire PA Bar #: 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-4102 FAX: 757-518-0860 Attorneys for Plaintiff r C.: 'qE:t''L Iv f Cal-PV—Y 1.f,e.1 NIA' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORIPOLIO RECOVERY ASSOCIATES, LLC : 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff : No. 13-3825-CIVIL v. GEORGE SMITH 77 FAIRVIEW STREET CARLISLE, PA 17015 Defendant PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff demands that Defendant answer and respond to the following Request for Production of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure within 30 days from the date of service hereof. Plaintiff also demands that Defendant answer and respond to the following Request for Admissions pursuant to Pa. Rule of Civil Procedure 4014. You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. 7. In these Requests for Admissions: A. The word "person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "documents(s)" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity", "identify", "identification ", when used with respect to a person(s) means to state the full name and present or last known address and business address of such person(s) and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity", "identify", "identification ", when used with respect to a dated, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify", when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) described the substance of the event or events constituting such an act, and to state the date when such an act occurred; (2) identify each and every person(s) participating in such an act; (3) identify all other person(s) (if any) present when such an act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identify the person(s) presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 9. These requests are of a continuous nature. These Requests for Production of Documents shall be deemed continuing so as to require supplemental answers and documents if any information of documents are acquired subsequent to the filing of responses hereto, which information or documents would have been included in the answers and documents produced had it been known or available at the time the answers and the documents provided pursuant hereto produced. Defendants shall supply such information and documents by supplemental answers and production of documents as soon as such information becomes known or available and in all events, prior to trial of this action. If objection is made to any requests for production of documents, it is demanded that the requests for which there is no objection be answered and furnished within the aforesaid period. All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job title and department from whose file it was produced and all current custodian of said document. If a document called for it is believed to exist or is known to exist, but is in the possession, custody or control of another person or party, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the publisher, possessor, custodian, or disseminator of such document. If any document called for by this request is withheld on the basis of any claims of privilege or any similar claim, identify that document as follows: author, addressee; indicated or blind copies, dated, subject matter; number of pages; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and nature of the privilege or similar claim asserted. REQUEST FOR PRODUCTION OF DOCUMENTS 1: Produce any and all documents evidencing proof of all payments on the subject credit card referenced in the Complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REQUEST FOR PRODUCTION OF DOCUMENTS 2: Produce any and all documents you intend midior provide testimony on as evidence at the time of the trial. REQUEST FOR ADMISSION NO. 1: Defendant applied for the Credit Card referenced in the Complaint. Admitted Denied If the answer to Request for Admissions No. 1 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 2: Defendant has failed to make all required payments on the credit card. Admitted Denied If the answer to Request for Admissions No. 2 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 3: The attached monthly statement correctly identifies the payments, charges, and balance on the account. Admitted Denied If the answer to Request for Admissions No. 3 is "denied", then supply copies of canceled checks, both front and back, and/or if not available, specific written documentation supporting the denial.. REQUEST FOR ADMISSION NO. 4: Defendant has not submitted any written dispute as to the billing inaccuracy concerning the credit card in question during the time the account was opened on August 25, 2013 until the last payment date of March 12, 2012. Admitted Denied If the answer to the Request for Admissions No. 4 is "denied ", then supply copies of specific written disputes as to any billing inaccuracies REQUEST FOR ADMISSION NO. 5: $1,686.28 is the correct and accurate balance of the credit card account in question at the time the account was charged off. Admitted Denied If the answer to Request for Admissions No. 5 is "denied ", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. REQUEST FOR ADMISSION NO. 6: 6. Please admit that you agreed to pay Plaintiffs predecessor all amounts due resulting from the use of your credit card account, including any finance charges and other charges due under the terms of the agreement. Admitted Denied If the answer to Request for Admissions No. 6 is "denied ", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. REQUEST FOR ADMISSION NO. 7: 7. Please admit that for each month you had a balance on your credit card account, you were sent, by mail or otherwise, a bill, statement of account, invoice or other request for payment showing all transactions billed to your account during the billing period. Admitted Denied If the answer to Request for Admissions No. 7 is "denied ", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. INTERROGATORIES 1. Please identify the person(s) answering these Interrogatories. ANSWER: 2. Please identify each and every person that has assisted you in responding to these Interrogatories. ANSWER: 3. Separately, for each of your answers to Requests for Admissions 1 through 9 above where your answer is anything other than an unqualified admit, please: a. State each fact known to you upon which you rely to support your denial or qualified answer; b. If your response is that you do not have sufficient information or knowledge to admit or deny, then describe each effort you have made to acquire the information you feel would be necessary to admit or deny the request; c. Identify each document known to you which you believe contains information relevant to your answer; and d. Identify each witness known to you who may have knowledge with respect to the information upon which you rely for your denial or qualified answer and as to each witness, state the information you believe is known to them with respect to your answer. ANSWER: 4. If you filed affirmative defenses to Plaintiff's Complaint, separately for each defense, please: a. State the factual basis that supports your defense; b. Identify each document known to you which you believe contains information relevant to your defense; and c. Identify each witness known to you who may have knowledge with respect to the information upon which you rely for your defense and as to each witness, please state the information you believe is known to them with respect to your defense. ANSWER: 5. Have you ever requested Plaintiff' s predecessor to open a credit card account in your name? If so, please state the credit card account number(s). ANSWER: 6. Are you aware of any credit card accounts with Plaintiff's predecessor opened in your name? If so, please state the credit card account number(s). ANSWER: 7. Have you ever made a purchase or obtained a cash advance by using a card, account number and/or account access check issued by Plaintiff's predecessor? If so, please state the credit card account number(s) and the date(s) of the purchase or cash advance. ANSWER: 8. Has Plaintiff's predecessor ever sent to you, by mail or otherwise, any bills, statements of account, invoices or other requests for payment? If so, identify each document and state whether you objected to it. If you have objected, identify each objection, including whether it was written or oral. ANSWER: 9. Have you ever objected, in writing or otherwise, to any bills, statements of accounts or invoices you were sent? ANSWER: 10. If you keep records of purchases or payments with respect to your credit card account with Plaintiff's predecessor, do these records show a balance owing on the account? If so, what is that balance? ANSWER: 11. Is there any portion of Plaintiffs claim that you admit you owe? If so, state the amount that you admit you owe to Plaintiff and any facts that support your claim that you do not owe the rest of Plaintiffs claim. ANSWER: 12. If you claim that the account on which Plaintiff is suing is inaccurate, specify each inaccuracy and any facts that support your conclusion that the account is inaccurate. ANSWER: Respectfu - .mitted, By. Came A. Brown, Esquire #94055 Robert N. Polas Jr., Esquire #201259 Mark R. Garvey, Esquire #312686 Carrie A. Brown, Esquire PA Bar #:94055 Robert N. Po las, Jr, Esquire PA Bar #: 201259 Mark R. Garvey, Esquire PA Bar #: 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-4102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION — LAW PORTFOLIO RECOVERY ASSOCIATES, LLC : 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff v. GEORGE SMITH 77 FAIRVIEW STREET CARLISLE, PA 17015 Defendant : No. 13-3825-CIVIL CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Complaint upon Defendan by First Class Mail, Postage Pre-Paid, a copy thereof on thisdr day o , 2012, to: GEORGE SMITH 77 FAIRVIEW STREET CARLISLE, PA 17 Carrie A. Brown, Esquire #94055 Robert N. Polas Jr., Esquire #201259 Mark R. Garvey, Esquire #312686 GECP98 BILL of SALE PRA PLCC Fresh - September 2012 GE Capital 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 as of the 25th day of June, 2012 by and between General Electric Capital Corporation, GE Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. (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 September 19, 2012, and as further described in the Agreement. GE Capital Retail Bank Monogram Credit Services, L.L.C. By: B y: L"---- Glenn Marino Glenn Marino Title: _EVP Title: _President Date: I 2 7 1— Date: ' 2 7--/-1, General Electric Capital Corporation RFS Holding, L.L.0 By: 72 By: Glenn Marino Joseph Ressa Title: _Vice President Title: _CFO .Date: 9 - 7- . - /^-- Date: 9 ` y 7 GEMB Lending, Inc. GEM Holding, L.L.0 By: By: Stephen Motta Joseph Ressa Title: _Director Title: _CFO Date: Date: GECP98 BILL of SALE PRA PLCC Fresh — September 2012 GE Capital 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 as of the 25th day of June, 2012 by and between General Electric Capital Corporation, GE Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. (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 September 19, 2012, and as further described in the Agreement. GE Capital Retail Bank Monogram Credit Services, L.L.C. By: By: Glenn Marino Glenn Marino Title: _EVP Title: President Date: Date: General Electric Capital Corporation RFS Holding, L.L.0 By: By: Glenn Marino Joseph Ressa Title: _Vice President Title: CFO Date: Date: GEMB Lending, Inc. GEM Holding, L.L.0 By: Motta By: Joseph Ressa Title: _Director Title: CFO Date: Date: GECP98 BILL of SALE PRA PLCC Fresh — September 2012 GE Capital 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 as of the 25th day of June, 2012 by and between General Electric Capital Corporation, GE Money Bank, GEMB Lending, Inc., Monogram Credit Services, L.L.C., RFS Holding, L.L.C., and GEM Holding, L.L.C. (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 September 19, 2012, and as further described in the Agreement. GE Capital Retail Bank Monogram Credit Services, L.L.C. By: By: Glenn Marino Glenn Marino Title: _EVP Title: President Date: Date: General Electric Capital Corporation RFS Holding, L.L.0 By: By:- eo,n'G� Glenn Marino Joseph Title: _Vice President Title: CFO Date: Date: GEMB Lending, Inc. GEM Holding, L.L.0 By: By: Stephen Motta Joseph R s as Title: _Director Title: CFO Date: Date: GECP98 AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR State of Minnesota County of Ramsey Diane Stone, being duly sworn, deposes and says: I am over 18 and not a party of this action. I am a Collections Operations Representative of GE Capital Retail Bank. In that position I have access to creditor's books and records, and am aware of the process of the sale and assignment of electronically stored business records. On or about 9/21/2012 GE Capital Retail Bank (formally known as GE Money Bank) sold a pool of charge -off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Portfolio Recovery Associates, LLC. As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of GE Capital Retail Bank. The Creditor has a process to detect and correct errors on these accounts. The above statements are true to the best of my knowledge. Signed this 26th day of October, 2012 Signed and sworn to before me this 26th day of October, 2012 by Evelyn Ocana. (Notary Stamp) EVELYN OCANA Notary Public-Minnesota My Confmssion Fxpirrs Jan 31, 2015 NY AOS i.i.6/28/12 St. Paul BLANKET CERTIFICATE OF CONFORMITY FOR NOTARY EVELYN OCANA I, Brett Rouleau, an attorney -at -law admitted to practice in the State of Minnesota and fully acquainted with the laws of the State of Minnesota do hereby certify that I am duly qualified to make this certificate of conformity and that the acknowledgement or proof upon the affidavits of merit were taken by Evelyn Ocana, a notary public in the State of Minnesota, in the manner prescribed by the laws of the State of Minnesota and confirms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set my signature, on October 26, 2012. Brett Rouleau Attorney at Law, State of. Minnesota Waimar Save money. Live better. Walmart® Discover Card GEORGE L SMITH Account Number: 661 Summary of Account Activity Previous Balance - Other Credits $1,688.28 81,686.28 New Balance Credit Limit Available Credit Cash Advance/Ouick Cash Limit Available Cash Statement Closing Date Days in Billing Cycle 80.00 $2,000 80.00 8440 $0.00 08/22/2012 28 Cash Earned Summary Previous Balance ( +) Eamed This Period = Balance 80.00 80.00 $0.00 Visit us at walma:Loom/credit Customer Service: 1- 866- 314 -9507 Payment Information New Balance 80.00 Amount Past Due 80.00 Total Minimum Payment Due 8300.00 Payment Due Date 08/242012 Late Payment Warning:If we do not receive your minimum payment by the date listed above, you may have to pay a late tee up to 835.00. Cash News Earning cash back with the Walmart® Discover is easy! Simply use your card everywhere Discover® is accepted. Remember every time you earn just $10, you will receive a check in your billing statement - it's automatic. Transaction Summary Trion Post Date Date Reference Number 08/22 08/22 F621000KV00999990 08/22 08/22 F621000KV00999990 Description of Transaction or Credit CHARGE OFF ACCOUNT- PRINCIPALS CHARGE OFF ACCOUNT "FINANCE CHARGES' FEES TOTAL FEES FOR THIS PERIOD INTEREST CHARGED 08/22 08/22 INTEREST CHARGE ON PURCHASES 08/22 08122 INTEREST CHARGE ON CASH ADVANCES TOTAL INTEREST FOR THIS PERIOD 2012 Totals Year -To -Data Total Fees Charged in 2012 Total Interest Charged in 2012 Total Interest Paid in 2012 850.00 8175.88 $94.78 Amount ($1,528.77) (8157.51) 80.00 80.00 $0.00 80.00 Interest Charge Calculation Your Annual Percentage Rate (APR)is the annual interest rate on your account. Type of Balance Expiration Date Annual Percentage Rate 18.87% 21.87% 0.00% Regular Purchases Cash Advances Quick Cash NIA NA NA Balance Subject To interest Charge Interest Rate 80.00 $0.00 $0.00 80.00 $0.00 $0.00 Cardholder News and Information If your account has a deferred interest promotion and you would like us to apply a payment on your account to a specific balance, please call Customer Service to discuss options that may be available. 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 BGa 1 3 22 120822 2 00808 1 of 1 6210 1100 8173 01800404 Detach and mail this portion with your check. Do not include any correspondence with your check. Wa #mart +d° m, Account eNumber�2661 Total Minimum Amount Past Due Payment New Balance Save money. Uve better. Payment Due Due Date 08/24/2012 11 IIIY II 1111 11 IYIII 8300.00 $0.00 $0.00 Payment Enclosed: Please use blue or black ink. IIIII 111 11 GEORGE L SMITH 77 FAIRVIEW ST CARLISLE PA 17015 -3121 ■ New address or email' Print changes on back. Make Payment To: WALMART DISCOVER/GECRB PO BOX 960024 ORLANDO, FL 32896-0024 PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 Telephone: 1-866-428-8102 Fax: (757) 518-0860 Statement of Account Account : ************2661 GEORGE SMITH Account Holder: GEORGE SMITH 77 FAIRVIEW ST CARLISLE PA 17015 Consumer Account Issuer: Assignee: Account Number: Product Code: PVT GE CAPITAL RETAIL BANK / WAL-MART Portfolio Recovery Associates, LLC ************260 Date Account Opened: August 25, 2008 Date of Last Payment: March 12, 2012 Date of Charge Off: August 22, 2012 Balance at Purchase: Purchase Date: $1,686.28 September 19, 2012 Balance at Charge-Off: $1,686.28 Less Payments: $.00 Balance Due: $1,686.28 13-11127 GECP98 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. tACCTN U M EMKR FN MKR_LN 111111111112661 GEORGE SMITH CMPNY_NAME hMKR TAXID 0485 1MKR_AD1 77 FAIRVIEW ST tMKR_AD2 MKR_AD3 tMKR_CITY €MKR ST 'MKR_ZIP ;MKR HP MKR_WP `MKR BARDATE 1MKR_BKCHAP ...... MKR CASENUM 'MKR DISCHDTE 0 tMKR_DISMSDTE 0 .»..:..»»min.::, ».».:..,......: nvvvv:,.....n.. ». M KRBKMEETDTE 0 MKR BKCOURT f MKR_BKFILEDT tECOA tOPENDATE ICHGOFF_DATE RMSLASTPMT :LASTPMTAMT 146 !BRANCH? =CG9W tDOFD 120120424 CARLISLE PA 17015 45 0000000000 20080825 20120822 ;20120312 {CHGOFFCODE :SKIP LOSSAMT 11686.28 CURBAL 1686.28 4RMSFILENUM 1167960322 IACCTSTS ................ ISTSDESC ODGDATE 110 :OFF CODE 1WAL102 :: .... ........ .... .,:» gin :.... ......... .. . tOFF_DESC 1Wal -Mart iBCLE `!0181 :BCLE DESC JJF Retail Bank BUYERCODE €PR1S ONT_ RATE 618.87 CMKR_FN :CMKR LN ICM K R_TAXI D tCMKRLIABLE SF5 :Sales - Final Primary Random Sa Data printed by Portfolio Recovery Associates; LLC from electronic records provided by GE CAPITAL RETAIL BANK pursuant to the sale of accounts from GE CAPITAL RETAIL BANK to Portfolio Recovery Associates, LLC on 9/19/2012 Walmart :4. Save money. Live better. g Walmart® Discover Card. GEORGE L SMITH Account Number: MEM 2661 Summary of Account Activity Previous Balance $1,574.77 - Payments $46.00 - Other Credits $6.28 + Interest Charges $25.10 New Balance $1,547.59 Credit Limit $2,000 Available Credit $0.00 Cash Advance/Quick Cash Limit $440 Available Cash $0.00 Statement Closing Date 03/25/2012 Days in Billing Cycle 31 Cash Earned Summary Previous Balance ( +) Earned This Period = Balance $0.00 50.00 $0.00 Visit us at walmart.com /credit Customer Service; 1- 866 -611 -1148 Payment Information New Balance $1,547.59 Total Minimum Payment Due $46.00 Payment Due Date 04/17/2012 Late Payment Warning:lf we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $35.00. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay.... You vnll pay off the balance shown on this statement in about ... And you will end up paying an estimated total of ... Only the minimum payment 4 years $2,219.00 557.00 3 years $2,038.00 (Savings= 5181.00) If you would like information about credit counseling services, call 1 -877- 302 -8775. Cash Mews Earning cash back with the Walmart® Discover® is easy! Simply use your card everywhere Discover® is accepted. Remember every time you eam just 510, you will receive a check in your billing statement - it's automatic. Transaction Summary Tran Post Date Date Reference Number Description of Transaction or Credit 03/12 03/12 7601131EROOXSV7JB PAYMENT -THANK YOU 03/25 03/25 INTEREST CHARGE ADJUSTMENT FEES TOTAL FEES FOR THIS PERIOD INTEREST CHARGED 03/25 03/25 INTEREST CHARGE ON PURCHASES, 03/25 03/25 INTEREST CHARGE ON CASH ADVANCES TOTAL INTEREST FOR THIS PERIOD 2012 Totals Year -To -Date Total Fees Charged in 2012 Total Interest Charged in 2012 Total Interest Paid in 2012 $0.00 $75.02 576.33 Amount ($46.00) ($6.28) $0.00 $25.10 $0.00 $25.10 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 820 1 7 22 120325 E PAGE 1 of 3 6210 1100 8173 01005404 Detach and mail this portion with your check. Do not include any correspondence with your check. —� Walmart . save money. live better. 11 alII 1011 1111 III II IH 111111 GEORGE L SMITH 77 FAIRVIEW ST CARLISLE PA 17015 -3121 Total Minimum Payment Due Account Numbe. MI New Balance Payment Due Date 2661 546.00 04/17/2012 $1,547.59 Payment Enclosed: [_] 1 Please use blue or black ink. $ ■II1II ■ New address o email' Pratt changes on back. Make Payment To: WALMART DISCOVER/GECRB PO BOX 960024 ORLANDO, FL 32896-0024 Walmart 1fla Save money. live better. Interest Charge Calculation Your Annual Percentage Rate (APR)s the annual interest rate on your account. Type of Balance Expiration Date Annual Percentage Balance Subject t o Interest Charge Regular Purchases Cash Advances Quick Cash NA NA Paid Off Rate Interest Rate 18.87% $1,566.17 $25.10 21.87% $0.00 $0.00 18.87% $0.02 $0.00 Cardholder News and Information Please Note: Enclosed is the Privacy Policy for this account. Please take a moment to read It then keep it with other financial documents. If you have previously opted -out, you do not need to do so again. If your account has a deferred interest promotion and you would like us to apply a payment on your account to a specific balance, please call Customer Service to discuss options that may be available. 5404 BGH 1 7 22 120325 E PAGE 2 of 3 6210 1100 3173 010F5904 Walmart 4rir . Save money. Live better. Wa(mart' GEORGE LSMTii Visit us at wakrettcom'credit Discover' card Account Number: 2661 Customer Service: 1-866-611-1148 Rant m ytotiliecsuuilatlifiyr +t+++ ++++++ +++ t-Raptelitinicirimtbm Previous Balance $1,706.89 New Balance - Payments - Other Credits + Interest Charges $46.00 $7.04 $28.15 New Balance $1,682.00 Credft Lint $2,000 Avaiable Credit Cash Advance/Quick Cash Limit Avaiable Cash Statement dosing Date Days in Billing Cycle $0.00 $440 $0.00 10/25/2011 32 Previous Balance ( +) Earned This Fhriod = Balance $0.00 50.00 $0.00 Total MninumPayment Due Payment Due Date $1,682.00 $46.00 11/17/2011 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 $35.00. Minimum Payment Warning: 1 you rake only the minimum payment each period, you will pay imre in interest and it w you longer to pay off your balance. For example: hi$Y$$$$$$r�+ 1-.441 tt li .e+4+ ++ M f }}fa}in {{III� }in}tl* • F�tYWWptlHt� ++ir0 tt +.1414,91 Wt+ Only the minimum 5 years payment $2,521.00 $62.00 3 years $2,215.00 (Savings = $306.00) 1 you would lire information about credit counseling services call 1-877-302-8775. Earning cash back w ith the Walnart® Discover® is easyl Simply use your card everywhere Dscovent is accepted. Rerrerrber every tine you eam just $10, you w 11 receive a check in your billing statenant - it's automatic. MilttlittlEtttV Tran Fbst Date Date Reference hlimber 10/13 10/13 76011318Y01004N1J 10/25 10/25 Description of Transaction or Credit PAYMENT- THANK YOU INTEREST CHARGEADJUST!VE'IT FffS TOTAL FEES FORTH'S PERIOD INTEREST CHARGE) 10/25 10/25 INTEREST C4ARGEON PURCHASES 10/25 10/25 INTEREST C-tA RGEON CASH ADVANCES TOTAL INTEREST FORTH'S P91100 41.1/'N4Ebtili41do84M IEllA Total Fees Charged in 2011 $25.00 Total hterest Charged in 2011 $298.04 Amount ($46.00) ($7.04) $0.00 $26.49 $1.66 $28.15 pAYMFNT r I1F RV 5 P M (FT) ON TI -FIX IF r1ATF NOTICE : We nay convert your payment into an electronic debit. See reverse for details, Bifting Fights and other important information. 5909 505 1 7 22 111025 E PAGE 1 of 3 6210 1100 A173 0101-5909 Detach and nail this portion w ith your check Do not include any co respondence w ith your check. — Walmart""''' Save money. Live better. .roiur.e,nzar• GEORGE L SMTH 77 FAIRVEW ST CARLISLE PA 17015 -3121 Account Numbe lotaFMiiririhlhit Iri! • $46.00 2661 off' t+ ++' + +t +�dyh,p,,,ttt3bttedtrr +t �! 11/17/2011 +t++ $1,682.00 ++- Payment Enclosed: op Please use blue or black ink New address or email? Print changes on back FDFFDDAAFDDDFTDFDDADDFtiVADDATFDADTDFDATFDDTDFDAAA [- FTDDDDFDAFDAFA Make Payment To: WAIMARr DISC0V E R/GEC RB PO BOX 960024 AADTDDTDDAAFFATFftDTFTFDTTFTTTADFFDFFFFTFTAADTFDTDFr/ A 6-°°24 2 661 (ill Customer Service/Questions: Foraocountinbrmathon, please call lhetoti free numbeton the trent of thisstatement. Unless your name Is fisted onthis statement, youraocess to information on Mewicounlmaybe Ironed. You mayaso mail questions (but natpayments) to: P.O. Box 965022, Orlando, FL 32896.5022, Please includeyouraccountnumberonanycorrespondenceyousendbue, Payments: Send payments to the address listed on the real portion of this statement or pay online. Notice :See belowfaryor Billing Rights and other important information. Telephoning about billing errors wll not preserveyour rights underfederal law. To preserveyourtghts, ploasewritetoour Billing inquhriesAddress,POB 4965023, Orlando, FL '32606-S023. Purchases, returns, and payments made Just prior Whiting date may not appear until next month'sstatemert. When you provide check as payment, youauthorkeusethertouseinformatfonfromyoschecktomakeaone- dmeetectronkfundtransferf rt your Bement or to process the payment asa checktrnsadion. When we use Information from ycor °heti( to make an electronic fun:31mnd% funds maybe withdrawn from your account as soon as the seine day we receive your payment, and you will not receive your check back from your financial instfution. You may choose not to have your payment collected electronically by sending your payment (wlth the payment s tub), In your own envelope — not the enclosed window etveiope, addressed to:RO.Boxs30993,At(anta. GA30353•0993and notlhe PaymentAddress, What To Do If You Think You RIM A Mistake On Your Statement If you think there Is an error on your statement, write io us at the Biting lnquitesAddtessot: GE Caplet Retail Bank P0.8=965023, Calandra, FL 328965023 In your letter. gne us the following information; • Account ktfamalan: Your name end acoount number. • Ddfsrarmed: The dollar amoral of the suspelled error. • Description of Problem: If you think there is an error on your 6th. describewhalyou behmeis wrongandut-yyoubefieve0s amistake. You must contact us within 60 days crier the error appeared co your statement. You must notify us of any potential errorsin slatting. You may call us, but if you do we are not required to investigate any potential errors and you may bare to pay the amount in question. While we investigate whether or not there has been an errs, the following are true: • We cannel try to coiled the amount in question, or report you as dekrquenion thalamounf. • The charge in question may remain on your statement, and we may continue to charge you interest on that ameind. But. if we determine that we made a mistake, you will not have to pay the amount In question drany interestorothetfeesrcatedluthat amount. • White you do not have to pay the amount in question, you are resp'osble br thre remainderof your balance, • We can apply any unpaid amount against your credit limit. Your Rights N You Are Dissatisfied With Your Credit 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 onihe purchase. To use lops right, all of the following must be tree: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase prioe must have been more than 650. (Note: Neither of these are necessary if your cmchasewas based on an advertisement we mailed to you, or it we awn the mmpery that said you the goodsor services.) 2. You must have used your credit card tor the purchase. Purchases made with cash advances from an ATM ore thtacheckthataccessesyour credoe2d aceountdonot qualify 3. Ycumust not yet have rutty paid fa thepurchase. If a9 of the criteria above are met and you are sill dissatisfied w1h the purchase, conhatt us in iwillagat GE Capxal Retal Bank P.O. Box 960023, Orlando, FL 32096,5023 Whale we invest late. the same rules apply to the disputed amount as discussed above. Ater we finish ow investigation, we w11 let you our decision, At that point. if we think you owe an amount and you do not pay we may reportyouas delinquent. Information About Payments: You may at any thee pax in whole orin part, the total unpaid balance without any additional charge for prepayment Payments received alter 5:00 Ptt (ET) on achy day will be credited es of flue next day. Credit toyourAtceunr may be d Bayed up to tae days if payme0(a) is nal received atthePaymen1Address, (0)13 not made in U.S. dollars drawn co a U.S. financial institution boated in the U.S, (c) is nod accompanied by the remittance coupon attached to your statement {d) contains more than one payment or rwniitaneecoueen, (e)is not recehed in the remittance envelope provided or (t) ockides staples, paper clips, tape. a bided check, or correspondence of any type. rematemi Payments: All wdtIen communications concerning deputed amounts, including any check or ether payment instrumentlhat:0) indicates thatthe payment constitutes "payment in fulr or is tendered as full satisfaction of a disputed amount; or (ii) is tendered with other ow/lions a limitations (-Disputed Paymenls), must be mailed or delivered to us at P.O. Box 965023, Orla ndo, EL 32896.5023. Credits To Your Account:An amount shorn in parenthess or preceded by a minus { -) sign is a creditor credit balance unless otherwise indicated. Credits will be applied to your previous balance immediately upon receipt, but win nol selisty any requied paym eta that alay be due. Credit Reports And Account information: It you believe that we have reported inaccurate Information about you to a consumer- reporting agency. pease contemns atPO. Bar 965024, Wanda, FL 32896- 5024.1n doing so, please Identify the inaccurate information and ten in why you berme 0 is inoorred. If you have a copyaf the credit report that induces the inaccurate informmton, please include a cop, of that report We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults co your account may be reflected In your credit report, Balance Subject TOMSvestCharge Calculation Daily Balance method: We figure the interest charge on your amount by appying the periods rate to the "ditty balance of your account for each day in the bang cycle. We then add the interest to the day baanoe, To get the `daly baton e' we taia the beginning balance of your accouw each day (which Inettdes a p0d'eterest), add aim new charges, and appbeble fees, and sutured any payments ar ceecBs.This ghee us the daly balance. Any Oak, balarra d less than MO will be treated as zero A separate daffy babnos cull be calculated for exit balance type on your =cord The bebnce(s) skein in the Interest Chargessectionof Misstatement is the sure of Meda3y babruces lot earth day in the biting Cycle dtvded by the number of days in the billing cycle. BankruptcyNoIIoertf you%banlwpuyycu must send us notice, inckd nil axoum numberand all information related lothe proceeding Mere0nxwing address: GE Capital Retail Bank, Attn: Bankruptcy Dept., P0, Bar 103104, Rescued, GA33006. Youracoounflsovmedand serviced byGECapitaf Rot* MBank Hewing kapatred: TDD users ce 111 000-444 -11132. 010F5404.2.07r132011 This is an attempt to collect a debt and any information obtained will be used for that purpose. " Byy uorldkgatelephonenumberon your account. youconsentloGECapital Retail Bank and aryotherownerorsavLer *our aocounlcontactingyou about your account. Including using arycontaetInformalion arcdl phone neuters you provide. and you consent to Meuse of any automatic telephone doling system and/wan artificial or prerecorded voice when contacting you, even if you are charged for the call underyour phone For changes of address, phone number endbr 01520, please check the box and print 16a charges below, Sheet Address City, State, Zip Phone# E-mail flame Phone Of Business Phone# 'Cell *tor other phone #we Email Address can use to contact you By providing your emall address, you agree to receive email communications about your account and also eve permission for us to share your email address to Weimart. Walmart Save money, Lire better. 4401• etgalline I rat ttt++t+t+ttttttttt +t+t+ttt+4. +t+t+ Your Annual Percentage Ftate (APR) is the annual interest rate on your account. Type of Balance Expiration Date Annual Rarcentage Balance Subject t o Rate Interest Rate 114 18.87% $1,600.98 NA 21.87% $0.00 Until Paid Off 18.87% $100.90 Ra9ular Purchases Cash Advances Quick Cash t+t+t+ Interest Charge $26.49 $0.00 $1.66 1 your account has a clef erred interest promotion and you would Ike us to apply a payment on your account to a speolic balance, please call CLstorrer Service to discuss options that may be available. 5404 BGH 3 7 22 111025 E PAGE 2 of 3 6210 1100 0173 010E1404 Watmart ems. Save money. Live better. Warr Discover card GEORGE L SIvrrH Account Number: _ 2661 - Payments - Other Credits +Interest charges docent* /ielieNyt•++++t ++t+ + ++++ $1,682.00 $46.00 $6.51 $26.04 New Balance Credit Lind $1,655.53 82,000 Available Redd 80.00 cash Advance/Ouick Cash Lirrit $440 Avaiable Cash 50.00 Statement Dosing Date 11/24/2011 Days in Billing Cycle 30 Previous Balance 50.00 ( +) Earned This Period 50.00 = Balance $0.00 Visit us at wadwrt.con'credl Customer Service: 1 -866 -611 -1148 51,655.53 Total MnirumPayrrent Due $46.00 Payment Due Date 12/17/2011 Late Payment Warning:1 w e do not receive your minimum payment by the date listed above, you nay have to pay a late fee up to $35.00. Minimum Payment Warning:1 you mete only the minimum payment each period, you w 11 pay more in interest and kw ill take you longer to pay off your balance. For example: ►:$ ++ +V4! 1. h+#1t t h+ l + iii t• +•1+1P 4aF�rPtttF f*+'Pttktt*+++ ++ f e ■•• • ++GFIFIPIP 44+ +•+t.b.tt +•+ +t••••••••+ Only the minimum payrrent 5 years 52,459.00 $61.00 3 years $2,181.00 (Savings . 5278.00) 1 you w ould Ww intomretion about credit counseling service; cal 1-877-302-8775. Earring cash back with the Walmart® Discover® is easy) Simply use your card everyw here Dscover® is accepted. Rarrerrber every tine you eam just $10, you w it receive a check In your bi0rg statement - Ws automatic. l.4 idr44i. a. 4i. Ftp+ t+ t+++ i+ t+ t+ t+ t+ t+++ t +t +++t + + +t+t +t +t +t +t+t +t +t +++t+ 4.Tran Post Date Date Reference Nmber 11/15 11/15 76011319Z00ZF5516 11/24 11/24 Description of Transaction or Credit PAY! '4T- THANtYOU INTEF TCHAFIGEADJ11STfvENT FEES TOTAL FEES FORTH'S PE OD INTEREST CHARGED 11/24 11124 INTEREST CHARGE ON PURCHASES 11/24 11/24 INTEREST CHARGE ON CASH ADVANCES TOTAL INTEREST FOR THS PERIOD "Poi. *A. 4•••• 4Et1! ITAA*1 4feleFARMAld• t +t +• +t +t +i Total Fees Charged in 2011 525.00 Total Interest Charged in 2011 $324.08 Amount ($46.00) ($6.51) $0.00 524.86 $1.18 $26.04 FAYlvFNT DUF RY 5 P M (FT) ON 11-F D F r1ATF NOTICE : We ney convert your payment into an electronic debt. See reverse f or details, Bflrng Rghts and other important intormation. 5404 BGR 1 7 22 111124 E PAGE 1 of 3 0210 1100 A173 010F5404 Detach and nail this portion w ith your check Do not include any correspondence with your check Walmart . Save money. Live better. ■rat ui,oelozau* GEORGE LSMITH 77FAIV NST CARLISLE PA 17015 -3121 •+.1.4.4.* $46.00 $46.00 Account tdumbe 2661 ++feyhrp #tterfr Slid.+! t +tit +ttt t + + +t 12/17/2011 - -�— +++t �i { ++ +• +t +t +t +t •••t +t ++• �__ - -- 51,655.53 - - -_- Payment Enclosed: di Rease use blue or black ink New address or email? Print changes on back TADTAADFITAATFAAAADAATDAADAADFTADAFATDDFTADFATATDTTTDAFAADATTAFTD Make Payment To: WA LMA RT DISOOV EWGECAB 10 Box 960024 FTDTTDTDFTAFAFII. 111DFTFDATFATTADAFDEFFATFTATDTFDTD I.11g1ARErIVA '0024 2 661 Customer Slender CNKSNons: For account information, pone call the toil freenumberon the front of Misstatement, Unlessyvur name islistedon Mis- statement. youraccessro info' mrSonontheecramtmey beGnied. You may ago mee questions (but not payments) b. P.O. Boa 96SO22, Orlando, P1. 326665022. Pkase'ndude your account camber on arty correspondence yon se nor tout, Payments: Send payments to the address fried on the remit portion of INS statement or par online Nadas: See below Room 8akngRightsandotherinportantinfomaton. Tel ephoningabout billingerrors vollnot p reserveyourdentsunderfedemllaw To preserveyaarigh5,please erne Maur Bring IrquidesAddress, PO. Bon965023, Orlando, 9. 32006-5021 . Purchases, returns, and payments made Just prior Whiting date may not appear until next rronth's statement. When you provide a check as payment, you euthat euseltherto use information iromyourchedeto makea onetime etedreii fund transfer hoot your account orto process the payment as e check transaction. When weuse information from ycorchesktomake an electronic fund transfer. funds maybe wit hdmumfromyaasccountassoonas the same day we mein mar payment, and you wl not raaglae your cheek bad horn your financial 'vmlUm. You may choose od to had iron payment ootlecte0 elecitonkaly by sending your payment (with the payment stub), In your own envelope - not the enclosed window envelope, addreseedto :PQ8mtS1293,AtlategGA30353.0063 and notlhePaymentAddresa What To Do A You Think You Fad A *Aube On YourSeatement U you think there Is an error on your statement write 10 us at the Bang Inquiries Address d: GE Capita Retail Bards P.O. Box 065023, Orlando. FL 32896-5023 in your Alter, yes us the following ntverahom • Account kAdnn rG n: Your name and account number. • Dollar amount: The dollar amount of the suspeded error • Oesatfica of Probbm: H you think (here ban moron your bid, describe whalyou befiemis wrong and %limo betine k is a mistake. You must oorda01 us Winn 80 days after the error appeared CO your statement, Y o u must notify en o( arty potential errors In mating. You maycall us, but if you do we are not required to nvaslgale any potential errors and you may Imvo Io pay the amount in quedion. While we thoostgate whether or not Uwe has been an error, the following aretrue: • We cannel try to collect the amount in question or report you as delinquerlon that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount Bute' wedebarriae that se made a mk181ce, you wY nor have to pay the annum in questioner any inference other fees reW1ed to that emoted. • Whore you do not have >D pay the amount in question, you are reapmsible fir Bherematnderof your balance. • We can apply any unpaid amount against your erect Imk, Your Rights If You Are Dissatisfied 1191h Your Cre4R Card Purchases If you are dissatisfied with the goods or services that you have purchased with your twat card. and you have tried In good fah to correct the proem with the merchant. you may have the right not 10 pay theremaning amount dueonle purchase. To use ties right, al of the following must be true: 1. The purchase must have been made in your home state orwOhfn 100 miles of your current reatng address, and the purchase price must have been more than 6511 (Note: Neither of these are necessary it your purchase was hand on an advertisement we mailed to you, or If we own the ompare/theist:11d youlhegcodsor services.) 2.You must have used your credt card for the purchase. Purchases made with cashaAannes from an ATM or Ala check that accesses your credocarde orunldonorqualify 3.Ycu must mdyet hem fuey paid The Thepurchase. N all of the criteria shoe are reel and you are see dissatisfied nth the p octaso,con40ct us n amTngat GE Caporal Retail Bank P0. Box 995023, Orlando FL 328965023 Whle we Westgate. the same rules epaly to The disputed amount as dhscussed above Alter on finish our investigmign, we eel lel you our decision. Al that point, If we think you owe an amount and yew do not pay we may reptrtyouasdefapue t fnforreafon About Payments: You may d any Mme pax in whole or in Pat the tale) unpaid balance without any additional charge for prepayment Payments received etler 5,00 PM {ET) on any day will be credited esof Use nod day Creddtoyour Amman may be delayed uptofox days* peymem(e)b not rexhed eltheRtymeal Address, (6) b net made in U$ dollars drawn on U.Sfinanckn insblution lolled in the U.S., (0) is not eoc ompaniied by the renitance coupon al t ach se to your sulem em, {d) contains more than one payment or renitanceaoupon, (e) is not reaeived in the remittance emreope provided or (I) includes staples, paper kips, tape. a bided creek, or correspondence of any type. Paymentg: Al wrlhn communications concerning deputed amounts, including alas* ar Wier payment Instrument that g) indb ales Thal the payment cawillutes'payment in full' or is tendered as full satisfaction d a disputed amount: or {iii is tendered with other conditions or limitations ('Disputed Payloenls'), must be melted or delivered to us at P.O. Bat 965023. Orlando FL 328965023. Gedirs To Your Account: An amount shown in parentheses or preceded by a minus (•) sign is aeredi or credit balance unless dhenvise Indmeted. Credits WSW applied to your previous balance immediately upon receipt, Outwit not solely any required payment thalmay bedue. Cred1 Reports And Amami lnferma6on: If pi believe that we have reported Inaccurate Informaime about you to a oeonmer- reporting agency; please canted rs 81 P.O. Box 965924, Orlando, F1.32896.5024. In doing so, please identify the inaccurate information and fell us Ow you bete* 9 is honed. t yen have a copy of the rata report that includes Ore inaccurate information, please include a coq of that report We may report Information about your account to credit bureaus. Late payments, missed payments. or other defauks on your account may be reflected In roue* 890t Balance Subject Thane/11f Charge Dalai:alien Daily Balance method: We fgue the interest charge on your amount by eppying the poliodk rare b the "deity telenra', of your annum to each day in ice Ming cycle. We then add the irddasd b Oa dal/ Wane. To get the 'daily bolero!' we tale the begin** balance of your e^ 06 each day (which Insides unpaid icerest), add any nee domes, end appioatle fees. and sldirad any payments or uedisTNS gkes us the d8iy bloom. Any da;tj balanced lass than zero wia be Maisel as zero A separate tali baance oral be ralculaled for each balance type on your amour& The balances) shown int a Wind Charges radon of Thin statement is the sure of Meetly betimes for each loyal the biting cycle d1ided by the 'soberer daysn Visiting cyck. BankmprcyNo8oe :gyou%banouyigyou mist Denim norm, kidding amount number and all ntom abort related lobs proceeding to the Owing address: GE Caporal Retail Bonk, Mot Ban8 up ey Dept, 90, Bon 103104, Roswell GA 33076. Your aamunt)s emoted and serviced by GE Capffa)Rela, Bank Hewingtmpabed:TDDusers call 1- 803444 -1732. 010F5404.2. 07/132011 This ban attempt to collard a debt and any information obtained wit be used for that purpose. 'By:meldi gatele phonenumberonyouraccountyouconsenttoGECapiletBasaltBankandanyolherownerorserviesrofyouraccountcontactingyou about your aawm,Includ gusinganycontact nformation oreedlpthonenumbersyouprovide. andyouconsent totheusedanyaulomaletelephone dhabngsystem andta an artificial or prerecorded voice when conlac11 gyou, even* you are charged The thecxl under your phone plan. For changes of address, phene number andkrr email please check the box and tint the changes below Street Address City, Slate, Zap Phone* E-mail Florae Phoned BksinessPhoneA 'Cell 0or other phone* we EmalAddress can use to contact you By preelding your email address, you agree to receive email communications about you account . . and also give permission lot us In share Kerr email ei114ro to Walmm1. Walmart x*90:. r'.,°^• %� ^� Live better. ti■111t14$[i - - - - t ttt# tt ttttfififitfififitttfi #tttiltfifitt4tfi #fit#tttfifit## #t Your Annual Percentage Rate (API is the annual interest rate on your account. Type of Balance Expiration Date Annual Percentage Ragular Rirchases Cash Advances Cuick Cash Plate f lA 18.87% NA 21.87% Until Paid Of f 18.87% Balance Subject t o Interest Charge Interest Rate $1,602.73 $24.86 $0.00 $0.00 $76.56 $1.18 If your account has a def erred interest promotion and you w ould tke us to apply a payment on your account to a specific balance, please call Customer Service to discuss options that nmy be available. 5404 500 7 22 111124 E PAGE 2 of 3 6210 1100 5173 0100'5404 vvaimart Save money. Live better. Walmarre Discover card GEORGE L SMITH Account Nunber: rl ootint /elWltyF+4tft4t4tftft4 ante $1,655.53 - Payments $46.00 - Other Credits $6.60 +Interest Charges $26.41 Naw Balance Credit Lint $1,629.34 $2,000 Avaiable Oedit $0.00 Cash Advance/WokCash Lire $440 Avaiable Cash $0.00 Slaterrenl Closing Dale 12/25/2011 Days in Billing Cycle 31 Previous Balance ( +) Earned This Period = Balance $0.00 $0.00 50.00 2661 Visa us at walrren.corrr'credit Customer Service: 1-866-611-1148 +r/trierstml ne-ettYtftft4tY tf tf t Yt Maw Balance 51,629.34 Total Mrnrntm Payment Due 546.00 Payment Due Date 01/17/2012 Leta Payment Warning:1 w e do not receNe your minarum payment by the date fisted above, you may have to pay a late lee up to $35 :00. Minimum Payment Warning: 1 you peke only the minimum paymant each period, you w it pay more in interest and' a will take you longer to pay oft your balance. For example: ++Wr+lrPrri�i9ry+ ::$01111 tafUt9a + rP Yt ++ ++41 + ++ ++ 4.4.•4••• +tot + •4.+••••••• Only the minimum 4 years payment $2,399.00 $60.00 3 years $2, 146.00 (Savings = $253.00) 1 you w ould like information about credit counseling serviceg call 1-877-302-8775. , HY t Rhrt T1- 1. #e +trf #r Pere PY+# Pf P#Y Earning cash back w 111 the Walrnart® I3scover® is easy! Simply use your card everyw here Dscover® is accepted, Perrerrber every lime you earn just $10, you w 01 receive a check in your biting statement - its automatic. it Fit. Mi�i�++++++ + + ++ +4 + + ++ ++ + ++ + + + + + + + +4 ++ + + + +* +• + + + + + ++ + #,+++ Tran Post Dale Dale F+ference Nrnter Description of Transaction or Credit 12/12 12112 7801131ASOOZRTIZ7 PAYMENT - 71.14NC YOU 12/25 12/25 INTEFE;T CHARGE ADJUSTNENT Amount ($46.00) (56.60) FEES TOTAL FES FOR THS P9110D $0.00 INT6a6T CHARGED 12125 12/25 INT13 TQ- 14AGEONFLENASES 12/25 12/25 INTEFEST G -LARGE ON CASH ADVANCES TOTAL INTEREST FOR THS PEi0D + + + + + + + + + +e+1R4 4 *4Ndr#id4elb + + + + + ++ ++ +4 Total Fees Charged in 2011 $25.00 $350.49 Total Merest Charged in 2011 525.65 50.76 $26.41 FtYMfrNT DUE RY 5 P M AFT) ON THE rs F now NOTICE : We may convert your payment into an electronic debit. See reverse for details, Billing Fights and other important information. 5409 BGR 1 1 22 111225 5 PAGE 1 of 3 6210 1100 A173 01035404 Detach and trail this portion w ah your check Do not include any correspondence w ith your check Waimart +aQtr Account Number 2661 Save money. Live trotter. 4alvuaorsrncr. GORGE L SMITH 77 FAPS(EN ST CARLISLE PA 17015 -3121 546.00 51,629.34 Payment Enclosed: Pease use blue or black ink. Naw address or email? Pint changes on back. ADFATFAAFFTTADDFDFTDDFAFTAAAATDDTDTAFTATFDFADDTFAAAFADFTDFTADDTDT Make Payment To: WALM4FTT DISONJER'C,'E{3B PO BOX 960024 ADATFDFDDDTTAFDFATTDTDAFTADAAFDTDDTDFDFDDTATTFFT FT W D 024 2 661 Customer SlendcwOuesUons: For amendIntonnallon, please catlhetoll Iree numberon the frail of Misstatement. Uniessyournamets listed onites statement, yourasesstoMtamali monthe account maybe haled. You mayanomall questions (but rat payrrraits)to: P.O. Boa 965017, Orlando, Ft. 326964017, Pleaseincludeyouraccamtmornbaron anyearespondeneeyousenit tour. Payments: Send payments to the address feted on the rink portion of tors statement Of pay online Nok e: Seed:nowtorysu Bilbng Rights and other Uneaten( information. Telephoning about btfmg errors wit not preserve your rightsunderfedenal law To preserveyourrights ,pteasewdletoour BEnglnqulriesAddress, Fla Box965023, Orlando, F132896:5023. Purchases, returns. and payments made Just prim tobilling date may not appear until next month's statement, When you provide a check as payment, you euthorkeus eidetic use kdormal % from your deckle makearnalimeetectrer *fundTransfer trmyoure entontoprocessthepayment0ee chectlrareacllon, Wrenweusetnbmmlion ham year deck tomato anelectronic fund transfer, funds maybenthdrewn from yoaaceouni assoones the same day we Ameba you payment, and you w0 not repine your check back from pa blandel instkdion. You may choose not to haw yaw payment collected eYecironlcely by sending your payment (with the payment stub), In your own envelope — not the enclosed window envelope, addressed to:P.O, Box530993, Atlanta GA30353.0993 and notthe PaymeetAddrese. What To Do If You Think You Find Mistake On Your St 0 you think there Is an error en your statement, wine to us at the Bitting Inquiries Address ot GE Capital Retaa Banc P.O. San 965023, Orlando. FL 328965023 In your Iafter, gro us the Mowing inferaraton: • Account kdemnetron: Your name and account number • Da6er rented The dober amount d the suepeded enra • Descejnten of Protdem If you think there is an error on your hilt. dauribewhatyuu be is wing andvdyym beyiaen Rise metals,. You must contact to wfihin 60 days after Oa error appeared on your statement. You must notify us of any potential errorsln writing, You May call us, but if you do we are rid wired la Mrestt3ete any potential errors and you may hawk paytheamoum inquestion. White we hesitate Melba or not there has been an error, the fettering aretlue: • We carted try to ootad the amount in question, u report you as definq u enton that amount. • The charge in question may remain en your statement, and we may continue to charge you interest on that amount- Bon, if wedetrmine Mat we made a mistake. you wle not have to pay the ermura In question oreny interearor otherfeesmeatedto Mat anent • White you do net have to pay the armed In question, you are response* for theramalnderof your balance. • We can apply any unpaid amount against your credit limit, YoUr Rights R You An Dissaft0ed With YoUr Credit Card Purchases if you are dissatisfied with the goods or services that you have purchased with your credit card, and you have hied in good faith to cored the problem with the merchant, you may hate the right not to pay the remaking ammaddueonlhe purchase To use this right, at of the following mend be true: Ube purchase must havebeen made in your temestale avathln 100 miles o1 your current mating address, and the purchase prune must have been more than 950. (Note: Neither of these are necessary 11 your piachase was based on an aduerfiseemerd we maned tore, or we awn the mmpanythat sold writhe gcodsaselvices.) 2.You must haw used your craft Caro tor the purchase. Purchases madewllh cash advances from an ATMarwnlh a check Mal accesses your aedl card acemmlddnad amity 3. Ycumust not yet hatefully paid frthepurchase. 1 al of ea alerts abate are noel and you are std dhssabered with Out pathsse,conrael us in wnti gal: GE Capital Retel Bank P0. Box 965023, Orlando, FL 3219065023 Whie we erwmagaie, the same ides apply 10 the deputed amount as discussed above Ater WE knish our investigation, we wet lel you our decision, A{ that point, if we think you urea an amount and you do net pay we may reportyouasdefnquerl. Information About Payments: Yoti wry ninny haw pay in whole orku part the tolaf unpaid balance without any addhlooel charge for prepayment Paymerss rued after 5:00 PM (ET) on any day wit be credited asol t7enedday,Credl Myrna Accourd may bedelayed uplo Eve days if payment (a) nd neelved atthePaymad Andress ,(b) is not made in U.S dollars drawn ma U.S financial Mutton baled in the U.S, (c) is ad accompanied by the mmi6aricecoups° attached toyour statement, (d) contains more than one payment a rermtanceooupmn, (e) is not recehed in the rerhtlence emebpe provided or (l) nudes staples, papa clips, lope, a bided chedc, or correspondence of any type. ralgional Pavrronts: At written communications concerning dapned amounts, including any check or other payment instrument that: () indicates thalthe payment canslkdes 'payment in fur or is tendered as tuft satisfaction of e disputed amount or (i) b tendered with other conditions or !irritations tOisputed Fragmental, must be mated or defnered le tea at PO. 80k 965023, Orlando FL 328963023. Credits To Your Accouot: Anamaunl shown in parenhress er preceded by minus ( -) sign 1s a credit or credit berate unless otherwise Indicated. Credits will be applied lo your previous balance immediately upon recctl, but wit not satisfy any requked peymsa that maybe due. Credit Reports hid Account ynfatnatlorc t you behave that we have reputed inaccurate Information Aral you to a consumer- repentng agency, please contact us at PO Bone 065024. Cklardo, FL 32696-5024,1n doing so, please identify the inaccurate information and tell us why you beveae a is incorrect. 11 you have a copy of the awl report that includes the inaccurate Information, please include a copy of that report We may repeat information about your account to credit bureaus. Late payments, missed payments, a other defaults on your account may be receded in wee credit RaranceSUBjfecdTo Interest Charge Calculation Deny Balance method: We figure the interest dirge on your account by sppyng the pedodkrate to the "defy Wien*" of your account tor each day in the blleg gcle. Vie (then add the Mtawe1 tot the dzdy Wane, To gal the °daiy balane we tats the beginrimg balance of your manse each day (which Insides unpaid hems!), add any new charges. end meted* tees, and nutted any paymnrds or aedite.This alms us the daffy balance. Any only beterne of lass than mho wit 13 treated an zero A separate duly balance wit be calculated for each balance type rw your vacant The teence(s)slow n in the bdemal Chargessedim of this statement is the pea of Medi* balances (preach day in Uw biting aide divided by tie number of days in lhebiWrgcych. BankruplcyNodi ern youlie banbup(cyyou mull nerd ce nuke., nckkfsg accoum number and alinhmvmh erelatedtotheproceedinglo(hebacen g address: GE Capital Retail Bank, Atha: Berke/Sty Dept, P0, Bm 103104. Remit, GA300/6. lbw acme:ifsowns and serviced byGECgrid0Rela0Bank. Hearing b pahad: TM) users call 1-E00-444.1732. 01055403. 2.0711132011 This is an attempt to cooed a debt and any information Waked WI be used for That purpose, `By padding atels ronemrnrheronyawaccnun4youconsenttoGECaphatRetatBankendalyotherowneraservaerofyearawar tcontactingyou about youraocand, Including using any contact Infommalion areal phone numbers you provde, and you consent to the use of arty automr at: telephone dialing system and*a an artificial or prereedrded voice when contacting you, event you are cnarned ice the cat undaryourphmneplen, Fa changes of address, phone number andror emaa, please cheek the had and purl Street Address City, Si e, Otot Phone* E -mail charges belsW.. Rome Phone ( Business Phone it 'Cep #or other phone #we can use to Dented you By providing your email address, you agree to receive emell communications about you a and also give permissbn for us to sham yew email address to-Weimarl. Unit Emat Address Walmart 410 o. Save money. Live better. 444 +ea+ " rt t+ tt ttt tt+ tt++++ t++ +++ ++t+++tt+tttttt+tt++ ++ +ttttt Your Annual Percentage Rate (APR) is the annual Interest rate on your account. Type of Balance Expiration Cate Annual Percentage Balance Subject t o Regular Rirchases Cash Advances Wick Cash NA NA Until Paid Off Rate 18.87% 21.87% 18.87% Interest Rate $1,600.11 $0.00 $47.47 Interest Charge $25.65 $0.00 $0.76 1 your account has a deferred Interest prorrotton and you would like us to apply a paynent on your account to a specific balance, please call OJstoner Service to discuss options that may be available. 5404 060 1 7 22 111225 E PAGE 2 of 3 0210 1100 A173 015P5404 Walmart �. Save money. Live better. Wa[mart* GEORGE L SMTH Visit us at w almart.com'credit Discover card Account Nrnber: 2661 Customer Service: 1-866-611-1148 e StimeeeyWtileed erd4dtrllyFtttt t ++ + +efttt el aretw1+11e+NMbrr 4+++++++*+ 4tttttt t tt Previous Balance $1,629.34 New Balance $1,602.82 - Payments $46.00 Total MnirrumPayment Due $46.00 - Other Credits $6.50 Payment Due Date 02/17/2012 +Interest Charges $25.98 New Balance $1,602.82 Credit Linl $2,000 Available Qedit 60.00 Cash Advance/ iickCash Unit 5440 Available Cash $0.00 Statement Closing Date 01/25/2012 Days in Billing Cycle 31 + �`tttttttt-fttttttt' $0.00 $0.00 $0.00 Previous Balance ( +) Earned This Fisriod = Balance Late Payment Warning:1 we do not receive your niNnum payrrent by the date listed above, you may have to pay a late fee up to 535.00. Minimum Payment Warning: If you make only the ninirrum payment each period, you w it pay more in Interest and it w it take you longer to pay off your balance. For exarrple: pt4 • ht F+#'kl l'�th +Alb4 ++jt +++t ht+ Yt+YW�Y1+44 rti+i+ • $,M1461-; +11"1-tatatpliel4r. 5!* •pia+ 4-440+4.* 4��4t•• 2• ++ *{•rF4 +4 +4**Ai* +4+ t +t4+4t4+4ttt4t rt4rt4+4 +4rt4rt4+ Only the rrinirrum 4 years payrrent 52,339.00 $59.00 3 years $2,111.00 (Savings = 5228.00) 1 you would Tike information about credit counseling services, cal 1-877-302-8775. I t rtftttttrtttttttrttr+ttt Earring cash back with the Wal art®13scovere is easyI Simply use your card everyw here Discover® is accepted. Fhrrerrber every tirre you earn just $10, you will receive a check in your billing statement - its automatic. + Ati,L4u ettul •. 4�r. f+ 4+ 4+ 4+++ 4+ 4+ 4+++ 4+ 4+ 4 + + + + ++ +4 +4 +4 +4 + + +4 + + + + +4 +4 +4 ++4. •T +ran YJ: xPost '1,Y,L 17 - Cate Date Reference Niftier Description of Transaction or Credit 01/12 01/12 7601131CAM00Y61F13S PAYIvENT- THANK YOU 01/25 01/25 INTEREST Q1ARGEADJUSTfv8JT Amount ($46.00) ($6.50) FEES TOTAL FEES FOR THS PERIOD 50.00 INTEREST CHARGED 01/25 01/25 INTEREST QIARGEONPURCHASES 01/25 01/25 INTEREST QiARGEON CASH ADVANCES TOTAL INTEREST FOR THS Pf3:11O0 t +4+4+4 t 4 +4 �IefitN! YdP>tib�llrh 4 +4 +4+4 +4 +• Total Fees Charged in 2012 Total hterest Charged in 2012 Total Interest Paid in 2012 $0.00 $25.98 526.41 525.65 $0.33 $25.98 PAYMR,fT tX IF RV 5 P M (FI) ON TVF 11 IF [ATP i10TICE : We may convert your payment into an electronic debit. See reverse for details, Boling Fights and other important intometion. 5904 8GR 1 7 22 120125 E PAGE 1 of 3 6210 1100 A173 01005404 Detach and mail this portion with your check Do not include any correspondence with your check —� Walmart ,§ • Save money. Live better. .seuu,a4,niu,• GEORGE L SMITH 77 FAFN6N ST CARLISLE PA 17015 -3121 Accoun Numbe 2661 :4 4414 ++i++4 $46.00 +i + + +4 +4+ + +4 + +• 7/ 2 51,602.82 Payment Enclosed: Please use due or black ink • New address or email? Flint changes on back DTCTAADDATAFTFAAATDAATDTADAADFrAFAFATTDFTADFDTAADDTTDAATADFITAFTF Make Payment To: WALMART DISCOVITMECPB PO BOX 960024 FTFFFADDAFFDDTDTFFADt +1+ODADADFATTTADDDTTDTADDAFAFD C A 024 2 661 C l u f o m e r S e M a v l ? u e s t b n s : F o r axatad Inbrmelion, please call the ton roe num boon the k W Nis statement. Unless your name s estedon the statement, yourarxzv tointormalianon the exeunt may be inked. You may aka mail questions (but rot payments)to: PA. Box 965022,Orlando, Ft. 3219643022,Pteaseinelude youraccount numteronarrytxxrespondenceyousendtous, Paynlenls: Send payments to the address listed on the remit peen of this statement m pay online. Beate: Seebelow laryar Bang Rights and/iris importard !lunation.Telephaningabout billing ewes wall nil preserve your rights underfederal kw. Topreserveyourrighteeleasewdleto our Bri glnquirksAdmess,P.O. Ike 065023, Orlando, FL 32896-5023, Purchases, returns, and payments mat Just prior tobllling dale may not appear until neat rnmtht statement When you prwldea check as payment, you autlen eusethntouse informationfromyvwcheck to make e coe-faneefeetrotic fund transfer frcen your account °No protese tee paymeMaS a cheektrarsadbn. When vie use Ineenneeco from your check to make an ele Work Ned transfer. funds maybe withdrawn from you; account assoonas the same day we receive yore payment, and you will not moan your click back from year enamel ynsl6rdtco. You may choose rice to have yew payment collected efedronkely by sending your payment (wl h he payment stub), In your own envelope — net the enclosed window erhvelope, addressed to:PO.Box 53O993.AdantarGA 30353.6993 and notthrePaymentAddiess. u Think You And A Mistake On Your co your statement, wive to us ess.ol: Retail Bank P.O. Ben 1165W, Orlando, FL 32696 -5023 0 your taker, gee us the following information: • Amen( kr(orma(ian: Your name and account number. • Dotter award: The dollar amount of the suspaded error. • Desoyttm of Hoehn If you Mink there is an erne,' on your bn[, descritewhetyou belie* is wrong and,' errube0eua1samstalel. You must oonlace us WOO 60 days a0er the error appeared on your statement, You must n teily us of any polentel errors In mike, You may call us, but if you do we are nil required to imestkeete arty potential errors and you may hereto pay the amount In quesliaa. While we "investigate whetter 00 nut Nara has been an one the klto ingerehue: • We cannot try to wiled the amount in question, or repel you as defmq uenl on Prat amount. • The charge in question may remain on your statement, and we may continue to charge you Interest on that amount. But If we detennbe that ate made a mistake, you win not hate to pay the amount In quesrionor any interest or other fees related to t h el a around. • While you de nil bow to pay the anger 0 question, you are response* forthe remainderof your balance • We can apply am unped amount against your credit II16, Your Rights It You Are Dissatisfied With Your Grad)! Card Purchases If you are dissatisfat with the goods or services that you have purchased with your credit card. and you have tiled 0 good fa0h to correct the problem with the merchant, you may hare the right not to pay the remairing amount due on the purchase. To use ihis right, all of the following crust be toe: 1. The purchase must have been made in your tome stale Or within 100 miles of your Current mailbag address, and he purchase price must have been more than S5O. (Note: Neither of these are necessary 1 your prechase was bused an an adverisemsd we mailed to you, or it wo awn the company that sold you the goods or services.) 2,0a must have used your credit card for the Neese. Purchases made with cash advances from an ATM or with a check that accesses your credetcardacceuntdonot quaky. 3. Ycu must n llethaae 6Ay paid fa the purchase. II al of the criteria ahem are met and you are still dissatisfied MI6 the paachase,wntact us in wdlingaL GE Capt0 Retail Bank P.O. Box 965023. Gileada FL 32096 -5023 Whit we immuigale. the same rules eppty to he-disputed emoted as dscusvad above. Aker we 6rdsh our investigation, we wet tell you our decision. Al that point, If we think you owe an amount and yon do not pay we may report you asde6nquent. information About Paymands: You aayat anytime payl in whale or in part the toW unpaid balance without any additional charge for prepayment. Payments reoehed efts 5:00 PM (ET) on any day MI be cretkedasof the =I day. CredktoyarAccaud may be delayeduplo Tae days if payment (a) is nol receieedat the Payment Address. (6)1s nat made in LS. dollars drawn co aU.S financial insttution baledin0reU .S.,(c)s nil ecwmpanied by the remittance onupon attached leyour statemod, (d) contains more than one payment or remittance coupon, (e) s not recelted In the remittance envelope provided or (1) ktdu0es Stprtes, paper clips, tape. a folded check, or twnespondence of any type. ategiegul Pavmenes: A6 wniten commuoiralons concerning disputed wants, including any check or other eeyment instrument that (I) brdicatasthatthe payment constitutes 'payment in rmr or is tendered as fug satisfaction of a disputed amount: or (w) is tendered aim other conditions a lm itatlons rDisprded Peyments(, must be mailed or delivered to us al P.O. &a 9655023, E3lend°, FL 328665023. Credits To Your Accoure:Anamount shown in parent cob or preceded by a minus ( -) sign is acredit a credit beLance unless othenwse indicated. Credits wi0 be applied to your prevbrs balance immediately upon retest, but will notsalsy any requkedpaymsa that maybe due. Credit Reports And Accouaf 1r tonaadoa If you befeve that we have reported inaccurate Information aharl you to a consumer- reporting agency. geasecmltactusat PO. Bea 465024, Orlando, FL 32696.5024. N doing so, *rase Identify the inaccurate inkemalian and tell us wiry yea belie* it is interred. 11 you leave a Dopy of the credit report that includes the inaccurate informaben, please Include a cep, of that report We we repeat Information about your acoount to credit bureaus. Late payments, missed payments, or other Mathis co your account may be re0ecled In yoscrederepot. Balance Subject Airtime Charge Celcetation Daly Balance method: We igue the interest charge an your acteunl by applying the parmdb rate la Ihe'dety balanced your ao:aum for each day 0 the bring cycle, We then add the interest to the day balance, To get the 'dairy balarae" we tale the beghring balance of your aoaad eaA0 day (which Incbdes woad eneest), aerially new charges, and appicatxe fees. and suited any mimes or ae0SThib gees us the dairy Wanda. Any daily balance of bsa than zero will be treated as ma A separate daly balance Mt be calculated for each balance type al your smart The batence(s)ahmm in the bderasl Charges section of this statement is the sum of the day Wanes to each day ie the blare cede dtvked be the umber of (Wyse' Ihebillinycycle. BaniurrprcyNoftoe if mule badaupicyyeu must eandns nelbe, Incbdig =cunt number anal rnbnnagon related to the proceeding to the beoveg address: GO Cardal Retail Bank, Atli Banleupky Dept, P0. Bar 103101. Roswell. GA 30iAB Yow=orals owned and serviced by GE Cepllaf R0ait Bank Nearing faela1ad: TDD users ca111- 00-044.1732. 010P5401. 2.07113!2011 This is an attempt to rolled a debt and any information obtained w01 ha used for that purpose. 'Byproddi gatelephonenumberon you account. you consentleGECapila$RetillBankend aryetherownerorseorkerof yotraccnurdcomacergyou abate p110000001. Includcgusingany contact Inf emal/onorcel; termnumbers ycuprovide. andyouoonsenitotheuseofanyautomatictelephane dialing system welt' an ardircial or prerecorded mice when contacting you, *lent you are charged for the call under your phone plan. For (Menges of address, phone number andeer ana0, please check the brae end print the charges berm. Street Address City, State. Lp Phone E-mal Hume Phone0 Business Phone# `Cell or other phone 'awe can use to canted you By providing your emah address, you agree to receive email eammunlcalbns about you account and also give permission for us to share your email address to Warman. Ema1 Address Walmart °;:. Save money. Live better. ?10Intas Qhen@*4NI rft }t }ttt Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Expiration Dale Annual Fbrcentage Balance Subject t o Rate hf4 18.87% NA 21.87% Until Paid Off 18.87% } Regular Ruchases Cash Advances Quick Cash Interest Rate $1,600A3 $0.00 $20.75 Interest Charge $25.65 $0.00 $0.33 If your account has a def erred interest promotion and you w ould lice us to apply a payrrent on your account to a speclf is balance, please call Qrstonar Service to discuss options that ney be available. 5404 510 1 7 22 120125 5 PAGE 2 of 3 6210 1100 0173 01555404 Walmart e• .00r. Save money. Live better. Warman' Discover card Previous Balance - Payments - Other Credits +Interest Charges New Balance Credft Umt GEORC-E L SMTH Visl us at waherlcom'credlt Account Number: 2661 Customer Service: 1-866-611-1148 'ttttttr #tt �Rcirre [$ii0Y�t7(bll tttttt4t•t• t • tttttt $1,602.82 New Balance $1,574.77 $46.00 Total MnhumPayment D. $46.00 $599 Pamela Due Date 03/17 /2012 '94 Late Payment Warning:t w e do not receive your minimum payment by the date fisted above, you may have to pay a late f ee up to $35.00. Minimum Payment Warning: 1 you rreke only the nininum payment each period, you w 1l pay more in interest and k w ill take you longer to pay off your balance. For example: $1,574.77 $2,000 Avalable Credit Cash Advance Quick Cash Unit $440 Avalable Cash $0.00 Statement Closing Date 02/23/2012 Days in Ming Cycle 29 i1'4�.YCt.+kf.M�t t+r+r +rt tt r +rfrf' Revious Balance $0.00 (+) Earned This Feriod $0.00 = Balance $0.00 wt #lit± ±its *}F *i•�7iv 4 I. tft+ f '• +> +tttr +t +t+ +ttttttt Cary the nininum 4 years payment 52,278.00 $58.00 3 years $2,074.00 (Savings = $204.00) 1 you would Ike information about credit counseling services, call 1- 877 - 302.8775. :a+ l tr +r +rrttr +rtrrr +rt +++ +r Earning cash back with the Walmart® Dscover® is easyl Simply use your card everywhere Discover® is accepted Rerrerrber every time you eam just $10, you w ll receive a check in your billing statement - it's automatic. Itt�� +4 + + + ++4 +t ++ +4 +4 + + + + ++ +4 ++ • +4 + ++ +4+4 + +44 +44+44 +4++ +4+ Tran Fbst Date Date Reference Ninber Description of Transaction or Credit 02/13 02/13 7601131DWO0Z6D1RJ PAYMENT - THANK YOU 02/23 02/23 INTEPEST CHARGE ADJl15T81T 02/23 02/23 02/23 02/23 FEES TOTAL FEES FOR THS PERIOD INTEREST CHARGED INTEREST CI-IA RUE ON Il JRa44 SES IMITEST CHA RGE ON CASH ADVANCES TOTAL INTEREST FOR THS P61OD Total Fees Charged in 2012 Total interest Charged in 2012 Total hterest Paid in 2012 $0.00 $49.92 $52.39 Amount (546.00) ($5.99) 50.00 $23.89 $0.05 523.94 F l o V MNT fill IF RY S PM (PT) C1N T1 171E RATF NOTICE : We may convert your payment into an electronic debit. See reverse for details, Billing Fights and other important information. 5604 BGR 1 7 22 120223 E PAGE 1 of 3 6210 1100 A173 01DF5404 Detach and roil this portion w ith your check Co not include any correspondence w ith your check. Account Numbs 2661 1Naimart ire. : kAltM 4p::++ie+4++f+t:4: +s:: + ++ • ••■ 546.00 Save money. Livebetter. rtaiuiinoinxKi. GEORGE LSMTH 77 FAFtV eN ST CARUSLEPA 17015-3121 51,574.77 Payment Enclosed: Rease use blue or black ink N taw address or email? Flint changes on back. it ATAFATTTDTFTDDTTDTFFFTDFDFTFAFAFATADFTDDAFTTDFFAADFDTATD 111 tUATFF Make Payment To: WALMART DISCOVERGEQaB PO BOX 960024 FAADFFDDFDFTAFDDADADTAAFDFAFAFFFFDTAFADDTTFATFADFAD -OD24 2 661 Customer ServkerQuestkru: Foraccount Inbrmatbn, pleasecallthetoll tree numoeron the front of this statement. IMlessyourname's ksted antis statement, yvuraccessloinfdmalionon lheacmuntmay belinied. You mayarsomail question (hut nit payments)to:P.O. Box 965022, Wanda, R. 325955022, Weaseirmludey aaaccountneemberonalryarresponeenceyousendtoes. Payments-. Send payments to the address listed an the remit semen Of thLs statement or pay online Notice: See below toryour Biting Rigida andota imperial Inammafnn.Tetephonirgabout biting swim w01 riot presmvayour rigltsunderlsdeml law. To preserveyourrighk, Fteasewrie W ourBill'urg Inquiries Address, P.0. &a 944023, Orlando, FL 328065023, Purchases, returns, and payments made Just prior lobbing date may not appear until nest month's statement. When you provide a check as payment, you atehateus either to use Information fromyaa crack to make one-time eledr*nt Lund transfer horn your account orto process Sun payment as e cheortransacdon. When we use Informebon horn your cherit to males an electronic lund transfer, funds maybe elthdravm horn your account as wanes the same day we remain yon payment, sod you will not raceme your check tack hem your inanciat halhtion. Yoe may choose eel to have your payment collected eleclronkaty by sending your payment (meth the payment stub), In you own envelope — not the *mimed wIndax envelope,addressed to:PO.Box530993, Atlanta. GA 303530993and 0000hePaymerrtAddress, GE Capital Retail Bank P.O. Bar 965023, Orlando, FL 32(!95-5023 In your letter, give us ills fdloairg information: • Account M/amarion: Your new and account number • Dollar amount The dollar amount Of the scepadederror • Descy(pdorr of Amblers: If you think men: is an error on your bill describewhatyou belimee wrong and wlyyou beieveiis amistake. You must contact no xi* 60 days alter the error appeared oc your su0emec, You must rattly us Many potential errors ion og.Youmaycallus,lxt if you do we are net coq uired to investigate any potential errors and you may hereto pay the amount in queslice While vie irros1gate whether or not them has been an error, the following are true: • We canna try to rolled the amount In question, or report you as deknquenlon Prat amount. • The charge in question may remain on you statement, and we may continue b charge you interest on Thal amount. Bit, t we determine that we made a mistake, you w0 net have to pay the amount In questioner any interested chef fees related m I het emdnm. • Male you do not haw to pay the amoud In question, you are mopesLie fenOrersmaorderd your balance. • We can apply any unpaid amount against your credit hind, Your Rights If You Are Dissatisfied tin Your Credit Cord Purchases If you are dissatisfiwd with the goods or services that you have purchased with your credit card. and you have tried in good faith to correct the modem wih the mermaid, you may have the right not to pay the remaining arrrountdueonthe parcMse. To use this right, all of the following mtsl be true; 1, The purchase must hawbeen made in yourhomestale or within 100 miles of your current mailing address, and he purchase price must have been more than 550. (Note: Neither of these are necessary II your purchase was based on an advertisement we mailed to you, or 9 we own the company that said youthegoodsorservk:m.) 2.You must have used your credit card Or the purchase. Purchases made with cash advances from an ATM or with check hat accesses your credit card acaeunt do col qualify 3. You must not yet has bey paid hrthepurchase. It a6 of the criteria abve are met end you are still dissatisfied tali the purchase, contact us in w010090t GE Caplet glad Bank P.O. Boo 965023, Cr tondo FL 320965023 VAi8e we investigate, the same rules apply to the disputed Oamum as discussed above. After we knish our Investigation, we roil let ymar our cedes. At that point, if we think you owe an amount and you do not pay we may repolyouas de6ngueo t. Information About Payments: You retry rd any d,,epaX in who/Trod/7 part The total =pal balance without any addlflonal charge !err prepayment, Peymeds recehed alter 5:00 PM (El) on any day roil be crediedasd9aergd day CredittoyourA courdmaybedelayedup(ofree days if payment (Mb nal receimi at the Payment Address. (b) is not male in VS, dollars drawn an a U.S financial institution located in (tae US, (c) is nit accurtizariad by the remittance coupon attached toyou statement, (d) contains more than one payment or(mitlaroo coupon, (e) a not received In the remittent* aavelope provided or (q le:Wm staples, paper clips, tape, a folded check, or cmrespanderes of arty type. fagging( Payments: AI written corn muntrasons concerning disputed anoints, including any check or other payment instrument that; (i) indicates Ma payment canslWades'pajmenl in fulr or is tendered as full satisfaction or disputed amount or (11) is tendered with other coalitions a 9mietlons (*Disputed Payments '), roust be mailed or delivered to us a1 P.O, Bel 965023, Crlando, FL 321366-5023. Credits To Your Accourd: An amount shown in parenthesis orpremded by a minus (•) sign is a credit or dell belanoe unless alhenvlse Indmaled, Credits will be applied to your previous balance immediately upon receipt, bulw8 not satatyany required permed thalmeybe due. CredIO Reports And AccarartIMorarafon: If you believe that ore have reported Inaccurate Information about you to a mnsumer•repa1Mg 9envy, please contact us at P.O. Bur 965024, Orlando. FL 32806-5024.M doing so, please ben6ly the inaccurate Slone/ion and tell us why you believe i s incorrect. If you have a copy of the rasa' report that includes ere inaccurate intormathrh please include a copy of that report We may report information about your account 10 credit bweaus. Late payments, missed payments, or ether defaults ea your account may be receded In ycuaedd report, Balance &bled Toinlwresf Charpa Calculation Daily Bafancs method: We i9ure the interest charge on your amount by applying the pentode rate to the "day balance " 01 your account la each day In the bang oicle. We then add he intaes1 to the day balance, To gel the 'defy balance we take the beginning balance of your moat each day (which Insides tmpad items*, aid any new charges, and appboebe fees. and attract any payments or cedtsThis ghee us the deity beans. Any dal, Marna d lass than zero will be treated as zero A separate day Lambe vnyl be calculated for each Waite type cn your amount Tha Internals) shown in the Interco/ Charges section of this slalomed is the sum d tiledaty balances 1m each day it the biting grdedivided by the rwntiao days webbing cycle. Bankruptcy Nodee :t you* hanlrruFicy aumustsealursshoe,including amount number and all idorrna0on related to the proceeding to the loitering address: GE Capeal R8100 Bank Attn: Bankruptcy Dept" P.O. Ba 193104, Roswell, GA 30016. YouraccountAs ownedandservIrmdbyGECapRalRefai/Bankc Hawing Impahed: Tim users call 1-600-444-1132. 01065404 .2.07/132011 This 6 an attempt to collect a debt and any information obtained wti he used ra that purpose. 'By provldkoa tetephonenunrberon your acoount.youconsenttoGE Cep6at Retail Bank and sryolherownerorservkxrof your amount cants cling you ahout your aaasa, Including using any contact Information arced phone numbers you provide, and you consent to the use of any automatic telephone cfrarmg system and%or an artificial of pmrecadedvaice when cantactng you, awn if you ara charged la theca underyour phone plan. For changes Of address, phone number and%or email, please check the box and prim 910 chageS below. Street Address City, Slate, Zip Phone fit Etma0 Horne Phone 10 Business Phonon 'Ce) # or other phone we Emal Address can use to contact you By providing your ernal address, you sgme to receive email communications about your account and also Ore pemlisS0bn for us b share your email address to Walmarl. Waimart c;; Carrie A. Brown, Esquire, # 94055 Robert N. Po las, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Gregory J. Babcock, Esquire, # 205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC : Plaintiff v. GEORGE SMITH Defendant NO. 13-3825-CIVIL PLAINTIFF'S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGEMENT AND NOW, comes Plaintiff, Portfolio Recovery Associates, LLC, by and through its attorneys, and files the within Brief in Support of Motion for Summary Judgment. 1. STATEMENT OF FACTS & PROCEDURAL HISTORY: On or about August 25, 2008, Plaintiff issued an open-ended credit card account bearing account number ************2661 (hereinafter "Account") to Defendant. Defendant used the Account to purchase goods and services and to obtain financing. Defendant made regular payments on the Account with the last payment being made on March 12, 2012. Since then, Defendant has failed and refused to pay on the Account. On August 22, 2012, Plaintiff charged-off the Account. At that time, the balance due and owing was $1,686.28. Because of Defendant's refusal to pay on the Account, Plaintiff filed a Complaint against Defendant on July 3, 2013. Defendant filed an Answer to the Complaint on July 23, 2013. On or about November 26, 2013, Plaintiff served Requests for Admissions on Defendant via first-class mail. As of the date of this filing, Defendant has not responded to those requests for admissions and said requests have not been returned by the post office. This communication is from a debt collector and is an attempt to collect a debt. Any infoiniation obtained will be used for that purpose. In its Request for Admissions, Plaintiff attempted to clarify all issues of material fact to be tried. More specifically, Defendant has admitted to applying for the Account, failing to make requisite payments on the Account and admitting that the balance due and owing on the Account is $1,686.28. See Plaintiffs Request for Admissions attached to Plaintiffs Motion for Summary Judgment as Exhibit 11A.11 Because the pleadings are closed and Plaintiffs Requests for Admissions are deemed admitted, Plaintiff moves for summary judgment as there is no genuine issue of material fact left for trial. II. QUESTION PRESENTED: Under Pa.R.Civ.P. 1035.1 and governing case law, may this Court enter summary judgment as a matter of law when there is no genuine issue of any material fact? Suggested Answer: Yes. III. DISCUSSION: Pennsylvania Rule of Civil Procedure 1035.1 provides that where there is no genuine issue of material fact and the moving party is entitled to relief as a matter of law, summary judgment may be entered. The record must be viewed in the light most favorable to the non-moving party, and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party. See Murphy v. Duquesne University of the Holy Ghost, 565 Pa. 571, 777 A.2d 418,429 (Pa. 2001). BECAUSE THERE IS NO GENUINE ISSUE OF ANY MATERIAL FACT, THIS COURT CAN ENTER SUMMARY JUDGMENT AS A MATTER OF LAW. Because Defendant has failed to respond to Plaintiffs Request for Admissions, there is no issue left to be tried. On November 26, 2013, Plaintiff served Request for Admissions on Defendant. Said discovery requests sought admissions related to liability and damages. More specifically, Plaintiff sought admissions referencing Defendant's application for the Account, failure to make requisite payments and the balance due and owing. Additionally, Plaintiff sought information regarding any disputes submitted regarding the Account, application/collection of attorneys' fees and the cumulative outstanding balance due and owing in the amount of $1,686.28. A copy of Plaintiffs Request for Admissions is attached to Plaintiffs Motion for Summary Judgment as Exhibit "A." Similarly, in the Byrnes v. Buss Automation case, our Superior Court upheld a Chester County trial court's entry of summary judgment in favor of the plaintiff. See Byrnes, 609 A.2d 1360, 1367 (Pa.. Super. 1992). That court strictly applied Pa.R.C.P. 4014, in that a party's failure to respond to a request This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. for admissions deems the facts contained within the request, admitted by the party from whom the admission was sought. More specifically, because the defendant neither responded to the plaintiffs requests for admissions nor filed objections thereto, the court determined that the defendant chose to ignore the rule and assumed the risk of having the facts contained in the request deemed admitted. See id. Based on that determination, the court found no error in the trial court's exercise of its granting summary judgment. See id. Similar to the Byrnes case, because Defendant has failed to respond to any of Plaintiffs request for admissions, those requests are deemed admitted. See Pa.R.Civ.P. 4014(b). As a result of those admissions, no material fact is left to be tried. For that reason, this Court should grant Plaintiff's Motion for Summary Judgment and enter judgment in favor of Plaintiff and against Defendant in the amount of $1,686.28. CONCLUSION: For the above stated reasons, this Honorable Court should grant Plaintiffs Motion for Summary Judgment and enter judgment in favor of Plaintiff and against Defendant in the amount of $1,686.28. 13-11127 Respectfully S By: Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Gregory J. Babcock, Esquire, # 205061 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, # 94055 Robert N. Po las, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Gregory J. Babcock, Esquire, # 205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC : Plaintiff v. GEORGE SMITH Defendant NO. 13-3825-CIVIL CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Brief in Support of Plaintiffs Motion for Summary Judgment upon GEORGE SMITH, by First Class Mail, Postage Pre- Paid, a copy thereof on this day of , 2014, to: 13-11127 GEORGE SMITH 77 FAIRVIEW ST CARLISLE PA 17015 By: 1 0 2014 Carrie A. Brown, Esquire, # 94055 7 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Gregory J. Babcock, Esquire, # 205061 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. GEORGE . SMITH 77 Fairview st. Carlisle, Penna. 17015 Phone (717) 440 -1451 GGeorge61@aol.com March 17TH. 2014 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA OFFICE OF THE PROTHONOTARY No. 13.3825 CIVIL Copy to Plaintiff: PORTFOLIO RECOVERY ASSOCIATES 120 CORPORATE BLVD. Norfolk, Va. 23502 Defendant: George L. Smith 77 Fairview st. Carlisle, Pa. 17015 Subj: Second Submission of: Objections /Denials to the claims against George L Smith(Defendant) Attachments: 1. PLAINTIFF "S MOTION FOR SUMMARY JUDGMENT 2. CERTIFICATE OF SERVICE FROM THE PLAINTIFF 3. FIRST SUBMISSION OF OBJECTIONS TO CLAIMS AGAINST DEFENDANT Complaint Item 1. It is averred that Defendant was indebted to GE CAPITAL RETAIL Bank/WALMART with Account number XXXXXXXXXXXX2661 (hereafter referred to as "Account). OBJECTIONS /DENIALS: a. Defendant (George L. Smith) has never received a "Request for Admissions" from the Plaintiff under the Motion for Summary Judgment, and a Certificate of Service, to include a breakdown of Argument until the 15'h. Of March 2014. So no response could be made by the Defendant, which makes paragraphs 1 thru 9 null and void. b. Paragraph 10, which states the Defendant admits the balance due and owing to the Plaintiff is $1,686.28. The Defendant has never stated any amount due to the Plaintiff (debt buyer). c. Defendant has never had an account shown as XXXXXXXXXXXX2661. Or entered into any agreement with GE Capital Retail Bank/Walmart. Bearing said account. d. The Defendant has never entered into any Contract with the Plaintiff (debt buyer), either by Phone or letter of any type, Pertaining to the so called debt. DEFENDANT DEMANDS THE FOLLOWING: a. The Defendant Demands the Plaintiff (debt buyer) produce a Complete Chain of Assignments going all the way back to said "Original Creditor ", which was not enclosed in the Documents sent to the Defendant on 15th. Of March 2014. If the Plaintiff cannot produce the complete information requested by the Defendant, then this Civil Suit should be considered null and void, since the burden of proof is on the Plaintiff, and not on the Defendant. b. The Defendant Demands the Plaintiff (Debt Buyer) Submit documented proof, that amount demanded in the Lawsuit is correct, since no complete set of purchase receipts, or complete monthly account statements from month one until charge off, or proof when this Account was opened from or with the "Original creditor" was submitted. If the Plaintiff (debt buyer) cannot produce the complete information requested by the Defendant, then this Civil Suit should be considered null and void, since the burden of proof is on the Plaintiff, and not on the Defendant. Page one of two CONTINUED : No: 13.3825 CIVIL Second submission of Objections/Denials to the Claims against George Smith(Defendant) c. The Defendant Demands the Plaintiff (Debt Buyer) show Documented proof that the Principal, Interest, Collection Costs, and or Attorney's fees are correct, or agreed to on the " so called" Original Contract between the Defendant and the Original Creditor, and the Plaintiff. WHEREFORE, The burden of Proof is on the Plaintiff, and not on the Defendant and since there is no Contract between the Plaintiff and Defendant either by phone or Letter of any type, or any proof shown, that said Account exists, or is the Defendants as claimed by The Plaintiff, The Defendant (George L. Smith) respectfuliy requests this Honorable Court enter aJudgment in favor of the Defendant, and dismiss all charges against Defendant George L. Smith. Page two of two Carrie A. Brown, Esquire, # 94055 Robe N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Grego J. Babcock, Esquire, # 205061 Portfo io Recovery Associates, LLC 120 C rporate Blvd Norfol , VA 23502 TELE: 1- 866 - 428 -8102 FAX: 757) 518 -0860 Attorn ys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERL CIVIL ACTION - LAW COUNTY, PA PORTFOLIO RECOVERY ASSOCIATES, LLC . Plaintiff v. GEORGE SMITH NO. 13- 3825 -CIVIL Defendant PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes Plaintiff Portfolio Recovery Associates, LLC, by and through its attorneys, and fil - s this Motion for Summary Judgment for the following reasons: 1. Plaintiff initiated litigation, via Complaint, against Defendant on or about July 3, 2013. 2. On July 23, 2013, Defendant filed an Answer to Plaintiffs Co plaint. 3. On or about November 26, 2013, Plaintiff served Request for dmissions via first -class mail. A cop of said Request for Admissions is attached hereto as Exhibit "A." 4. Said discovery requests were not returned by the Post Office. 5. As of the date of this filing, Defendant has failed to respond t Plaintiffs Request for Admis. ions. 6. Plaintiff's Request for Admissions sought admissions to certai facts dispositive of Plaintiffs collection case. 7. Pursuant to Pa.R.Civ.P. 4014(b), all requests for admissions respona ed to. 8. Pennsylvania Rile of Civil Procedure 1035.2 states: After the relevant pleadings are closed, but within such time asp no may move for summary judgment in whole or in part as a matte This communication is from a debt collector and is an attem any p je deemed admitted if not to unreasonably delay trial, of law t to collect a debt. (1) whenever ther is no genuine issue of material fact as to a ne essary element of the cause of actioii or defense which could be established by additional discovery or xpert report, or (2) if after the completion of discovery relevant to the motion, in ,luding the production of expert repo s, an adverse party who will bear the burden of proof at trial has fa led to produce evidence of fads essen ial to the cause of action or defense which in a jury trial would req 'ire the issues to be submitted to a j ry. 9. Based on Defendant's failure to respond to Plaintiffs Reques for Admissions, there is no issue bfmateriat fact remaining for trial. 10. More specifically, Defendant admits the balance due and oW rig to Plaintiff is $1,686.28. 11. As a result, Judgment should be issued in favor of Plaintiff ;a matter of law for total Judi ent of $1,686.28. WHEREFORE, Plaintiff respectfully requests that this Honorabl. Court grant its Motion for S ary Judgment and enter Judgment in Plaintiffs favor and against Defendant in the amount of $1,68.28 plus costs of suit. This co Respectfully Submitte By: Carrie A. Brown, Robert N. Polas, J Mark R. Garvey, Gregory J. Babcoc squire, # 940 5 I Esquire, # 201259 Squire, # 312686 Esquire, # 205061 cation is from a debt collector and is an attem i17) eon ear-it to collect a debt. IN THE COURT OF COMMON PLEAS OF CUMBERL CIVIL ACTION - LAW COUNTY, PA PORTFOLIO RECOVERY ASSOCIATES, LLC : 120 CORPORATE BLVD NO itpi OLK, VA 23502 Plaintiff v. GEO GE SMITH 77 F RVIEW ST C ISLE PA 17015 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the fo egoing Praecipe for Argument reof on this day of upon 4 EORGE SMITH, by First Class Mail, Postage Pre-Paid, a cop S th Date: , 2014, to: GEORGE SMITH 77 FAIRVIEW ST CARLISLE PA 17015 iviAR 0 2014 13-111 7 Carrie A. Bro Robert N. Po Mark R. 6 Gregory J. B Portfolio Rec 120 Corpo:rat Norfolk, VA (T) 1-866-42 (F) (757) 518 Attorneys fo This communication is from a debt collector and is an atte 4 rt4 d Hint 4, -r , Esquire, # 94055 hs, Jr., Esquire, # 20125q- 7 9,, Esquire, # 312686 I:)cock, Esquire, # 205061 very Associates, LLC Blvd 3502 78102 0860 laintiff t to collect a debt. GEORGE Ii SMITH July 23d. 2013 THE COURT OF COMMO 1 PLEAS OF CUMBERLAND COUNTY,PA OFFICE OF THE PROTHO , OTARY No. 13.3825 CIVIL COPY TO: Plaintiff: PORTFOLIO R 120 CORPOR Norfolk, VA 2 :COVERYASSOCIATES,LLC TE BLVD 502 77 FainView st Carlisle, Penne, 17015 Phone 717 4401451 GGeorge6l@aoi.com Defendant George L. Sihith 77 Fairview st Caiisle, Pa. 17015 Subj: Objections to Hui claims against George L Smith (Defendant) Attachment Notice cove lr sheet of lawsuit Complaint Item 3. It averred that Defendant was indebted to GE CAPITAL RETAIL BANK/WAL -MART on August 25,2008 with a ant number * * * * * * * * * * * *2661(hereafter referred to as "Aacount"). A copy of the account history is atta ed hereto and collectively marked as Exhibit W. Objection /Denial: A9 Defendant has no account shown as * * * * * * * * ** *2661, 811 Exhibit "A" is not an Account history, but a statement of said account Complaint Items 4, By utsing the Account , Defendant agreed to repay any incurred balances and /or charges made to the A unt jursuantto the teens and condi'ti'on goveming said Account, Failure to pay Defendant's incurred charges on the Account is considered a default Objection /Denial: Since Defendant has no account shown as * * * * * * * * ** *2661, Complaint Item 4, does not apply, and no d fault should be considered. Complaint Item 5. At all relevant times material hereto, Defendant has used said Account forthe purchase of products, goods and /o I for obtaining services. Objection /Denial: Sincee Defendant has no account shown as * * * * * * ** *2661., Complaint Item 5, does not apply, and no produ , goods and /or obtaining services occurred. Complaint item 6. Defe darttwas provided with copies of the Statements of Account showing all debits and credits fortransactions on the aforementioned Accountto which there was no bonaffde objection by the Defendant Objection /Denial: Since Defendant has no account shown as* ** * ** ****2661, Complaint item 5, does not apply , So no bonifide bjection could occur. PAGE ONE OF TWO A'i-t,9 I/mEt'Tr 3. 4 . CONTINUED: CIVIL NO: 13.3825 AGAINST GEORGELSMITH Complaint Item 7, Defendant was In default with respect to that debt for failure payments on the Account The fast payment made on this Account was March 12 Objections /Denial: Defendant cannot be in default for an account. shown not his. as make the required 012: is Complaint Item 10, Despite reasonable and repeated demands for payment. De endant has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all to the damage and debimentofthe Plaintiff. *2661,that is Objection /Denial: Defendant has never been contacted by any group called PO ASSOCIATES, LLC. For any type of settlement or collection of any account WHEREFORE , Since no Contact either by Phone or Letter of any kind for any type Defendant and Plaittiff (PORTFOLIO RECORVERYASSOCIATES) exists, Defenda respectfully requests this Honorable court enterJudgment in favor of Defendant, against Defendant George LSmith. UO RECOVERY PAGE TWO OF TWO Contract between (George L Smith) nd dismiss all charges GEOR rfi'ITH X r144 / /yl.E" /7 3 ,. 3, 77 Fairview st. Carlisle, Penna. 17015 Phone (717) 440 -1451 GGeorge61@aol.com April 15Th. 2014 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA OFFICE OF THE PROTHONOTARY No. 13.3825 CIVIL Copy to Plaintiff: PORTFOLIO RECOVERY ASSOCIATES 120 CORPORATE BLVD. Norfolk, Va. 23502 Defendant: George L. Smith 77 Fairview st. Carlisle, Pa. 17015 f,.PR 15 it CUMBERLAND L L U T %' P N SYLVA„ to Subj: Third Submission of: Objections /Denials to the claims against George L Smith(Defendant) Attachments: 1. PLAINTIFF "S MOTION FOR SUMMARY JUDGMENT 2. CERTIFICATE OF SERVICE FROM THE PLAINTIFF 3. FIRST SUBMISSION OF OBJECTIONS TO CLAIMS AGAINST DEFENDANT 4. SECOND SUBMISSION OF OBJECTIONS TO CLAIM AGAINST DEFENDANT 5. SUBMISSION OF "ADMISSIONS /INTERROGATORIES REQUESTED BY PLAINTIFF 6. PLAINTIFF FIRST NOTICE 7. PLAINTIFF SECOND NOTICE 8. DEFENDANTS REQUEST FOR ADMISSIONS pursuant to Pa. Rule of Civil Procedure 4014, TO INCLUDE PA. Rule of Civil Procedure 4001. i Carrie A. Brown, Esquire,,, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark k Garvey, Esquire, i# 312686 Gregofy J. Babcock, Esquire, # 205061 Portfolio Recovery Associates, LLC 120 Crporate Blvd Norfolk, VA 23502 TELE: 1- 866 -428 -8102 FAX: 757) 518 -0860 Attornieys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERL D COUNTY, PA CIVIL ACTION - LAW 1 PORTkLIO RECOVERY ASSOCIATES, LLC : Plaintiff v. GEORGE SMITH NO. 13- 3825 -CIVIL Defendant PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, come Plaintiff Portfolio Recovery Associates, LLC by and through its attorneys, and fits this Motion for Summary Judgment for the following reason: 1. Plaintiff initiated litigation, via Complaint, against Defend t n or about July 3, 2013. 2. On July 23, 2013, Defendant filed an Answer to Plaintiffs co plaint. 3. On or about November 26, 2013, Plaintiff served Request for dmissions via first -class mail. A cop} of said Request for Admissions is attached hereto as Exhibit "A." 4. Said discovery requests were not returned by the Post Office. 5. As of the date oi f this filing, Defendant has failed to respond to Plaintiffs Request for Admissions. 6. Plaintiffs Request for Admissions sought admissions to certain facts dispositive of Plaintiffs collection case. 7. Pursuant to Pa.R.Civ.P. 4014(b), all requests for admissions are deemed admitted if not responded to. 8. Pennsylvania Rule of Civil Procedure 1035.2 states: After the relevant pleadings are closed, but within such time a$ nolt to unreasonably delay trial, any p may move for summary judgment in whole or in part as a matter of law This communication is from a debt collector and is an attempt to collect a debt. IN THE COURT OF COMMON PLEAS OF CUMBE CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC : 120 CORPORATE BLVD NOR1OLK, VA 23502 Plaintiff v. GEORGE SMITH 77 FAIRVIEW ST CARILISLE PA 17015 Defendant COUNTY, PA NO. 13-382 • CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of th upon GEORGE SMITH, by First Class Mail, Postage Pre-Paid, a copy , 2014, to: Date: 13- 27 This comm GEORGE SMITH 77 FAIRVIEW ST CARLISLE PA 17015 -CIVIL egoing Praecipe for Argument eof on this day of MAR 1 0 2014 Carrie A. Br Robert N.. Po Mark R. Gregory J. B Portfolio Ile 120 Corpo ra Norfolk, VA (T) 1-866;42 (F) (757) 51 Attomeysl fo cation is from a debt collector and is an atte wn, Esquire, # 94055 as, Jr., Esquire, # 20125q- ey, Esquire, # 312686 bcock, Esquire, # 205061 very Associates, LLC Blvd 3502 -8102 0860 Plaintiff t to collect a debt. GEORGE . SMITH 77 Fairview st. Carlisle, Penna. 17015 Phone (717) 440 -1451 GGeorge61 @aol.com February 20th. 2014 CUMBERLAND COUNTY HONORABLE SUSAN K. DAY Magisterial District Court 09 -3 -03 229 Mill Street P.O. Box 167 Mount Holly Springs, Pa 17065 Civil Action /Docket No: MJ- 09303 -CV- 0000003 -2014 Plaintiff: Cavalry SPV I, LLC ' 500 Summit Lake Drive Suite 400 Valhalla NY 10595 -1340 Defendant: George L. Smith 77 Fairview st. Carlisle, Pa. 17015 Subj: First Submission of: Objections /Denials to the claims against George L Smith(Defendant) Complaint Item 1. It is averred that Defendant was indebted to HSBC Bank Nevada, N.A. with Account number XXXXXXXXXXXX3821(hereafter referred to as "Account). Objections /Denial: a. Defendant has never had an account shown as XXXXXXXXXXXX3821. Or entered Into any agreement with HSBC Bearing said account. b. The Plaintiff (Debt Buyer) has not produced a chain of assignments going all the way back to said original creditor . c. The Plaintiff (Debt Buyer) has not shown Documented proof, or produced, that amount demanded in the Lawsuit is correct, since no complete set of purchase receipts, monthly account statements, or proof, when this Account was opened from or with the "Original creditor" . d. The Plaintiff (Debt Buyer) has not shown Documented proof that the Principal, Interest, Collection Costs, or Attorney's fees are correct, or agreed to on the " so called" Original Contract between the Defendant and the Original Creditor, or the Plaintiff. e. The Defendant has never entered into any Contract with the Plaintiff, either By phone or letter of any type. Pertaining to the so called debt. WHEREFORE, Since there is no Contract between the Plaintiff and Defendant either by phone or Letter of any type, or any proof shown, that said Account exists, or is the Defendants as claimed by The Plaintiff, The Defendant(George L. Smith) respectfully requests this Honorable court enter a Judgment in favor of the Defendant, and dismiss all charges against Defendant George L. Smith. ATTACHMENT - 3 GEORGE . SMITH 77 Fairview st. Carlisle, Penna. 17015 Phone (717) 440 -1451 GGeorge61@aol.com March 17T". 2014 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA OFFICE OF THE PROTHONOTARY No. 13.3825 CIVIL Copy to Plaintiff: PORTFOLIO RECOVERY ASSOCIATES 120 CORPORATE BLVD. Norfolk, Va. 23502 Defendant: George L. Smith 77 Fairview st. Carlisle, Pa. 17015 Subj: Second Submission of: Objections /Denials to the claims against George L Smith(Defendant) Attachments: 1. PLAINTIFF "S MOTION FOR SUMMARYJUDGMENT 2. CERTIFICATE OF SERVICE FROM THE PLAINTIFF 3. FIRST SUBMISSION OF OBJECTIONS TO CLAIMS AGAINST DEFENDANT Complaint Item 1. It is averred that Defendant was indebted to GE CAPITAL RETAIL Bank/WALMART with Account number XXXXXXXXXXXX2661 (hereafter referred to as "Account). OBJECTIONS /DENIALS: a. Defendant (George L Smith) has never received a "Request for Admissions" from the Plaintiff under the Motion for Summary Judgment, and a Certificate of Service, to include a breakdown of Argument until the 15th. Of March 2014. So no response could be made by the Defendant, which makes paragraphs 1 thru 9 null and void. b. Paragraph 10, which states the Defendant admits the balance due and owing to the Plaintiff is $1,686.28. The Defendant has never stated any amount due to the Plaintiff (debt buyer). c. Defendant has never had an account shown as XXXXXXXXXXXX2661. Or entered into any agreement with GE Capital Retail Bank/Walmart. Bearing said account. d. The Defendant has never entered into any Contract with the Plaintiff (debt buyer), either by Phone or letter of any type, Pertaining to the so called debt. DEFENDANT DEMANDS THE FOLLOWING: a. The Defendant Demands the Plaintiff (debt buyer) produce a Complete Chain of Assignments going all the way back to said "Original Creditor ", which was not enclosed in the Documents sent to the Defendant on 15"h. Of March 2014. If the Plaintiff cannot produce the complete information requested by the Defendant, then this Civil Suit should be considered null and void, since the burden of proof is on the Plaintiff, and not on the Defendant. b. The Defendant Demands the Plaintiff (Debt Buyer) Submit documented proof, that amount demanded in the Lawsuit is correct, since no complete set of purchase receipts, or complete monthly account statements from month one until charge off, or proof when this Account was opened from or with the "Original creditor" was submitted. If the Plaintiff (debt buyer) cannot produce the complete information requested by the Defendant, then this Civil Suit should be considered null and void, since the burden of proof is on the Plaintiff, and not on the Defendant. Page one of two ATTACHMENT - 4 CONTINUED : No: 13.3825 CIVIL Second submission of Objections /Denials to the Claims against George Smith(Defendant) c. The Defendant Demands the Plaintiff (Debt Buyer) show Documented proof that the Principal, Interest, Collection Costs, and or Attorney's fees are correct, or agreed to on the " so called" Original Contract between the Defendant and the Original Creditor, and the Plaintiff. WHEREFORE, The burden of Proof is on the Plaintiff, and not on the Defendant. and since there is no Contract between the Plaintiff and Defendant either by phone or Letter of any type, or any proof shown, that said Account exists, or is the Defendants as claimed by The Plaintiff, The Defendant (George L Smith) respectfully requests this Honorable Court enter a Judgment in favor of the Defendant, and dismiss all charges against Defendant George L. Smith. Page two of two ATTACHMENT • 4 NO 13.3825 CIVIL ATTACHMENT - (5) FIVE Subj: ADMISSIONS /INTERROGATORIES REQUESTED BY PLAINTIFF PART ONE : ADMISSIONS: ADMISSION 1: Defendant applied for the Credit Card referenced in the Complaint. DENIED: Defendant has never had an account shown as xxxxxxxxxxxxxxx2661. ADMISSION 2: Defendant has failed to make all required payments on the credit card. DENIED: Defendant could not make payments on a Credit Card that the Plaintiff indicates. Since the Defendant never had an account as shown. ADMISSION 3: The attached monthly statements correctly identifies the payments, charges and Balance on the account. DENIED: a. Since the Defendant does not have an account shown as xxxxxxxxx2661, then the attached monthly statements do not apply. b. NOTE: The (7)seven monthly statements submitted; do not agree with the rest of the documents submitted by the Plaintiff, from initial month to charge off of account. ADMISSION 4: Defendant has not submitted any written dispute as to the billing inaccuracy concerning the credit card in question during the time the account was opened on August 25,2013 until the last payment date of March 12, 2012. DENIED : a. Attachments First and Second Objections show that Defendant does dispute the said account in all aspects. b. Admission 4, indicates the account was opened on August 25,2013, and the attached Statement shows the account was opened August 25,2008. So Admission 4, or the attached statement of account is incorrect; or both are incorrect. ADMISSION 5: $1,686.28 Is the correct and accurate balance of the credit card account in question at the time the account was charged off. DENIED: a. Attachment 6. indicates the Total balance due as $894.42, and the Plaintiff requested a settlement in December 2014 for an amount of $626.09 as one payment, or $670.08 in 6 monthly payments, and $715.44 in 12 monthly payments. So the amount requested in this lawsuit for $1,686.28 is not an accurate balance. b. Attachment 7. Indicates the Total balance due as $894.42, and the Plaintiff requested a settlement in January 2014 of $715.24. So as indicated in Paragraph a. Attachment 6, the amount requested for $1,686.28 in the lawsuit is not an accurate balance. ADMISSION: 6: Please admit that you agreed to pay Plaintiff's predecessor all amounts due resulting from the use of your credit card account, including any finance charges and other charges under the terms of the agreement. DENIED: As indicated in the First and Second Objections, Defendant has never had an account with the predecessor or the Plaintiff , as account number xxxxxxxxxxxx2661. ADMISSION 7: Please admit that for each month you had a balance on your credit card account, you were sent, by mail or otherwise, a bill, statement of account, invoice or other request for payment showing all transactions billed to your account during the billing period. DENIED: Again as 1 have indicated in all Objections submitted, I have never had an account shown as: xxxxxxxxxxxxxxx2661. Part one of Two NO; 13.3825 CIVIL ATTACHMENT (5)FIVE Subj: ADMISSIONS/ INTERROGATORIES REQUESTED BY PLAINTIFF PART TWO: INTERROGATORIES INTERROGATORIES: 1. Please identify the person(s) answering these Interrogatories. ANSWER: GEORGE SMITH - DEFENDANT. 2. Please identify each and every person that has assisted you in responding to these Interrogatories. ANSWER: None. 3. Separately, for each of your answers to Requests for Admissions 1 through 9 above where your answer is anything other than an unqualified admit. NOTE: There are only (7)seven Admissions to respond to, not (9) nine as indicated. This indicates the documents sent to the Defendant are not complete. Or a General form letter was used, and not reviewed by the Plaintiff before submitting. Which makes these Documents inaccurate. ANSWER: a. Paragraphs a. through d. do not apply, since the account in question xxxxxxxxx2661, is not the Defendants. b. Penna. Rule 4003.8 Pre - Complaint Discovery, applies to this question. 4. If you filed affirmative defenses to Plaintiff's Complaint, separately for each defense, please: a. State the factual basis that supports your defense: ANSWER: a. Account as xxxxxxxxxxx2661 as shown; does not belong to the Defendant. b. Paragraphs b. and c. do not apply, and fall under Penna. Rule 4003.8 Pre - Complaint Discovery. 5. Have you ever requested Plaintiff's predecessor to open a credit card account in your name? If so, please state the credit card account number(s). ANSWER: Note: The information the Plaintiff is requesting in this paragraph is covered under the privacy act. And should never be requested. And covered under Penna. Rule 4003.8. Paragraphs 6, 7, 8, 9, 10, and 11 do not apply, since no account as xxxxxxxxx2661 belongs to the Defendant, and Penna. Rule 4003.8 Pre - Complaint Discovery applies. 12. If you claim that the account on which Plaintiff is suing is inaccurate, specify inaccuracy and any facts that support your conclusion that the account is inaccurate. ANSWER: a. The account as shown /stated is not the Defendants. b. Amount requested is not correct, since there are (3) three amounts requested for settlements, as shown on Attachments, 5, 6, and 7. c. The (7) seven account statements enclosed by the Plaintiff do not give a complete breakdown of when the account was opened, or true account amount per all months. d. The dates of when account was opened do not match, which were submitted by the Plaintiff. Note Admission -4 and attached statements of account. ith -US Army Ret. Part two of two 4 *rA c /Y471-iv 1 -5 Portfolio Recovery Associates, LI.,C1 Decembe 12, 2013 We're giving debt collection a good name. Accoun eference No.: 6034 90139508748 ▪ SELLER: ENERAL ELECTRIC CAPITAL CORP MERCHA T: GECRB/GECAF ORIGINA CREDITOR: GE CAPITAL RETAIL BANK Creditor t. Whom Debt is Owed: Portfolio Recovery Associates, LLC. Account Transferred to Litigation De Your acco nt has been transferred to the Litigation Department. At this time, n has person: Ily reviewed the part cular circumstances of your account. Portfolio ecovery Associates wants to help you resolve this account and Your acco nt qualifies for our se lement program. Here are three options for yo rtment ey within the Litigation Department PRALLI 1212-423037018-03045-3045 .ThIII NM Balance: $894.42 id potential legal action! hoose from: Singe Payment Settleme t 6 Month Payment Plan , • Discus payment arrangements. 12 Month Payment Plan • Save $2 8.33 off the balance Autho ze automatic withdraJvals from your bank account • Save $223.62 off the balance � ave $178.86 off the balance • Pay $62.09 Norfolk VA 3541 • Pay $111.80 per month for the next 6 • , ay $59.63 per month for the next 12 months honths Your first "Settled in Benefits of • Your d • All colt • You wil • If our compa However, if and our lo judgment a Please con together to payment ar Various P ayment must be received In our office no later than 01/13/2614 Your account will be considered Full" once we post your final payment. ettling this account by one of the plans as described above: bt on this account will be resolved ction activities on thi6 account will cease avoid potential legal action ompany is reporting this account to the three major credit reportin y's trade line be updated to reflect that this account is now settled. you do not resolve t is account and legal action is taken against you, attorney may take any action that is legally available in your state t ainst you as permitted by state law. act our office no later than 01/13/2014 by calling during our busines resolve this account. We reserve the right to withdraw or modify this angements are made by 01/13/2014. ment Options Aval able Including: agencies, we will request that our Judgment may ultimately be obtained 'collect this debt to enforce any such hours to discuss how we can work ffer at a later date if no payments or Call Toll-FrIee Call: 22 at 1-866-42&8102 to: • Mail: e attachAh coupon , • Discus payment arrangements. • _Complete_t Make all ch cks and payments to: PORTFbLIb RECOVERY ASSOCIATES, LLC. • Autho ze automatic withdraJvals from your bank account P.O. Bo ,')c 1 903 • Compl te a debit card* payntient Norfolk VA 3541 *See back f Business We are not r information about debit card transaction fees that may be applied by t ird party vendors urs: 8AM to 11PM M n. - Thu.; 8AM to 9PM Fri., 8AM to 5PM Sat., l2P to 11PM Sun. obligated to renew his offer. This letter is from a debt collector and is an attempt Any information obtained will be used for tha Notice: See Reverse Side for Important Inforrnati rtA difim tiv o collect a debt. purpose. January Accour BELLEI MERCH ORIGIN Credito Unfortur transfers the parti 21, 2014 I' We're giving debt collection a good eference No.: 6034590139508748 : GENERAL ELECTRIC CAPITAL CORP ANT: GECRB /GECAF L CREDITOR: GE CAPITAL RETAIL BANK to Whom Debt is Owed: Portfolio Recovery Associates, LLC. SECOND NOTICE: Account Transferred to ately, we have not received a response to our recent letter inforriiin d to our Litigation Department. At this time, no attorney within the L tig ular circumstances of your account. Portfoll Recovery Associates still wants to help you resolve this acco PRALL2 -0121 - 435887222-03282 -3282 1W8�YJO11�I�III Balance: $894.42 gation Department you that your account was previously tion Department has personally reviewed We rem- in willing to settle this account for$715.54 if funds are received in our o Benefits of settling this accou t by this date: • You debt on this account will be resolved • All c +Ilection activities on this account will cease • You ill avoid potential legal action • if ou company is reporting this account to the three major credit reporting'ag:'ncies, we will request that our com•any's trade line be updated to reflect that this account is now settled. hd avoid potential legal action! ce by 02/20/2014. Howeve and our judgmen , if you do not resolve this account and legal action is taken against you cal attorney may take any action that is legally available in your sta against you as permitted by state law. judgment may ultimately be obtained collect this debt to enforce any such Please c ntact our office no later than 02/20/2014 by calling during our business fours to discuss how we can work together o resolve this accourt. We reserve the right to withdraw or modify this o er at a later date if no payments or payment arrangements are made by 02/20/2014. Various jPayment Options A1rallable Including: Cali: 'i to: ants. from your bank account • Complet • Make all PORTF P.O. IBo Norfdik Mail: El the attached coupon checks and payments to: LIO RECOVERY ASSOCIATES, LLC. 12903 A 23541 CaII Toll-Free—at 1- 866- 428 -8102 • Discuss payment arrange • Authorize automatic withdrawals • Complete a debit card* payment *See back for information abo t debit card transaction fees that may be app lad b third party vendors Business Hours: 8AM to 11 PM Mon. - Thu.; 8AM to 9PM Fri., 8AM to 5PM Sat., 1 PM to 11 PM Sun. We are not obligated to reneinr this offer. This letter is from a debt collector and is an attdm xlt to collect a debt. Any information obtained will be used fo t at purpose. Notice: See Reverse Side for Important Infer -tion ij1 lf4 /T % NO 113825 CIVIL ATTACHMENT - (8) EIGHT DEFENDANTS REQUEST FOR ADMINISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS Defendant demands that the Plaintiff answer and respond to the following Request for Production of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedures within 30 days from the date of service hereof. Defendant also demands that the Plaintiff answer and respond to the following Request for Admissions pursuant to Pa. Rule of Civil Procedure 4014, to Include Pa. Rule of Civil Procedure 4001. Defendant Demands the following: a. Produce a complete Chain of Assignments going all the way back to said "Original Creditor" b. Produce Documented proof that the Principal, and Interest for each month for said account is Correct. c. Produce a complete set of Purchase receipts from the initial day account was opened. d. Submit all Monthly Account Statements, from month one to charge off. e. Submit proof of all Collection Costs and Attorney's fees. f. Submit Documented proof that Amount demanded in the Civil Suit is correct. Since documents Submitted to Defendant had several total cost for settlement. ATTACHMENT - (8) EIGHT CA in PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) of TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for tHA ' xt Argument Court.) 4 CAPTION OF CASE ��? (entire caption must be stated in full) y rta -t3 —r & -' cr' Portfolio Recovery Associates LLC vs. George Smith No. 13-3825 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Robert N. Polas Jr. Esq (Name and Address) 120 Corporate Blvd, Norfolk VA 23502 (b) for defendants: George Smith (Pro Se) (Name and Address) 77 Fairview St., Carlisle, PA 17015 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: 6E1) 0 42014 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. a ‘ 4 \q ,-1s pd a+FL 4RW 31U3r9 Mark R. Garvey, Esquire PA Bar #312686 Carrie A. Brown, Esquire PA Bar #:94055 Robert N. Polas, Jr, Esquire PA Bar #:201259 Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-4102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION — LAW PORTFOLIO RECOVERY ASSOCIATES, LLC : 120 Corporate Blvd Norfolk, VA 23502 v. GEORGE SMITH 77 FAIRVTFW ST CARLISLE, PA 17015 Plaintiff : No. 13 -3825 -CIVIL Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe for Argument upon Defendant/ Counsel for defendant, by First Class Mail, Postage Pre -Paid, a copy thereof on this day of GEORGE SMITH 77 FAIRVIEW ST CARLISLE, PA 17015 , to: 'EP 0 4 2014 By: Mark . Garvey, Esquir 3 2686 Carrie A. Brown, Esquire #94055 Robert N. Polas Jr., Esquire #201259 #2. PORTFOLIO RECOVERY : IN THE COURT OF COMMON PLEAS OF ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. GEORGE SMITH, : NO. 2013 — 3825 CIVIL TERM Defendant IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO, EBERT, PLACEY, JJ. ORDER OF COURT AND NOW, this 20TH day of NOVEMBER, 2014, upon consideration of the Plaintiff's Motion for Summary Judgment, Defendant's Response thereto, as well as the briefs filed by the parties, and having reviewed the record, we are satisfied that the Defendant filed responses to the Plaintiff's request for admissions. Consequently, the Plaintiff's Motion for Summary Judgment is DENIED. N. Polas, Jr., Esquire 120 Corporate Blvd. Norfolk, Virginia 23502 Smith 77 Fairview Street Carlisle, Pa. 17013 Court Administrator tr6 he/ao/P,/ Edward E. Guido, J. rri n c-)