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HomeMy WebLinkAbout13-6082 ti Supreme C,Qn ltf Pennsylvania Coui` ' f Gom n Pleas For Prothonotary Use Only: TIME STAMP CI: k et Docket No: CLIMB - County The information collected on this form is used solely for court administration purposes. This forin does not supplement or replace the fi ling and service ofpleadings or other a ers as required by law or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons El Petition E ❑ Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC ARTHUR E CLARK T I Dollar Amount Requested: X within arbitration limits 0 � Are money damages requested. ED Yes ❑ No 9 (Check one) outside arbitration limits N Is this a Class Action Suit? ❑Yes 19 No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: Robert N. Polas, Jr./ Carrie Brown/ Mark R. Garvey I ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] 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 most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections ❑ Nuisance ® Debt Collection: Other ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not include S mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/Defamation Discrimination ❑ Zoning Board C ❑ Other: El Employment Dispute: Other ❑ Other: T ❑ Other: I MASS TORT Q ❑ Asbestos F Tobacco N r Toxic Tort -DES REAL PROPERTY MISCELLANEOUS • Toxic Tort - Implant E] Ejectment [3 Common Law /Statutory Arbitration B ❑ Toxic Waste E] Eminent Domain/Condemnation El Declaratory Judgment • Other: E] Ground Rent E) Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: 13 -88435 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 i ; H PR0TfiON0 T;A�ti � Portfolio Recovery Associates, LLC 120 Corporate Blvd 2 OCT 16 AN (1 : 1 Norfolk, VA 23502 ������Z����Q C���j� TELE: 1- 866 - 428 -8102 PENNS FAX: (757) 518 -0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC ��a 120 CORPORATE BLVD NORFOLK, VA 23502 No. Plaintiff, V. ARTHUR E CLARK 511 BRG ST # 102 NEW CUMBERLAND PA 17070 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 4s� (717) 249 -3166 13 -88435 OX A 1 03 C� 3boa?:� 3 This communication is from a debt collector and is an attempt to collect a de R a q(' 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. ARTHUR E CLARK 511 BRG ST # 102 NEW CUMBERLAND PA 17070 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 13 -88435 Esta comunicacion es de un cobrador de deudas y es un intent do cobrar una deuda. Cualquier infromacion sera utilizada Para ese proposito. 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 September 21, 2011. 8. Plaintiff is the purchaser, assignee and/or successor in interest / CITIBANK, N.A. / SEARS 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 $1,630.85. 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, ARTHUR E CLARK, in th GBrown, E#94055 costs of this action and any other relief as the Court deems just and re a ie Rob ert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 13 -88435 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Donna rs,, hereby states that he /she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his /her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: SEP 2 5 2013 By: Donna Dangerfield Custodian of Records 13 -88435 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: * * * * * * * * * ** * 3838 ARTHUR E CLARK Account Holder: ARTHUR E CLARK 511 BRG ST # 102 NEW CUMBERLAND PA 17070 Consumer Account Product Code: PVT Issuer: / CITIBANK, N.A. / SEARS Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *3838 Date Account Opened: July 17, 2011 Date of Last Payment: September 21, 2011 Date of Charge Off: May 15, 2012 Balance at Purchase: $1,630.85 Purchase Date: September 17, 2012 Balance at Charge -Off: $1,630.85 Less Payments: $.00 Balance Due: $1,630.85 13 -88435 SRSP90 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Contract ID: ? Document ID: BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT, dated September 17, 2012, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank ") to Portfolio Recovery Associates, LLC, organized under the laws of the Delaware, with its headquaderslprincipal place of business at L30 Corporate Boulevard, Norfolk, VA 23502 ("Buyer "). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated August 25, 2011, between Buyer and the Bank (the "Agreement "), the Bank does hereby transfer, sell, assign, convey, grant,. bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 and the final electronic tile. Citibank, N.A. By: �- (Signature) Name: Patricia Hall 'title: Financial Account Manager rRa �azst t.a� SRSP90 SHERIFF'S OFFICE OF CUMBERLAND COUNTY., Ronny R Anderson Sheriff Jody S Smith l ( 2 8 All Chief Deputy ;; t§ Richard W Stewart � � I-A Solicitor )9,iCF x��T"E S,�FRW�� '1 Portfolio Recovery Associates, LLC Case Number vs. Arthur E Clark 2013-6082 SHERIFF'S RETURN OF SERVICE 10117/2013 03:51 PM- Deputy Jason Kinsler, 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:Arthur E Clark at 231 Bridge St, New Cumberland Borough, New Cumberland, PA 17070. -- — 1 2 JA ON KINSL5R, DEPUTY SHERIFF COST: $66.42 SO ANSWERS, October 18, 2013 RbNW R ANDERSON, SHERIFF {c County Cui[e Sheriff,—1-!eoscft. IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION- LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 ) Plaintiff ) mica Case No.: 13-6082 Z ` vs. ) -<r ARTHUR E CLARK C ? 220 RENO AVE NEW CUMBERLAND, PA 17070 -,g ) Defendant. ) '`I ANSWER And now, comes the Defendant, ARTHUR E CLARK , pro se, who answers Plaintiff' s Complaint as follows: 1. Paragraph 1 is admitted. 2. Paragraph 2 is admitted in part and denied in part . Defendant Arthur E Clark affrims that he is an adult individual . Defendant denies that he now or has ever resided at 511 Bridge St, #102, New Cumberland, PA 17070 . Defendant resides at 220 Reno Ave, New Cumberland, PA 17070 . The aformentioned street address at 511 Bridge St, #102, New Cumberland, PA 17070 is a former business address of defendant, has never been used as a residence and has never been associated with any "/CITIBANK, N.A. / SEARS" credit account . 3. Paragraph 3 is admitted in part and denied in part. Defendant affirms that he has used a Citibank Sears credit card to purchase goods . "Exhibit A" attached to plaintiff' s court filing does not contain a "copy of the account history" as plaintiff asserts in Paragraph 3 . "Exhibit A" contains only documents pertaining to an apparent sale of alleged debt by Citibank, N.A. to plaintiff Portfolio Recovery Associates, LLC. 4 . Paragraph 4 is admitted in part and denied in part. Defendant affirms that all use of a credit card is subject to the terms and conditions governing said account. Defendant however is required to pay only charges, fees and penalties legitimately assesed on any credit account . As referenced above "Exhibit A" contains no supporting documentation regarding the nature of and propriety or lack thereof of charges, fees and penalties assessed on said Citibank Sears credit account . 5. Paragraph 5 is admitted in part and denied in part. Defendant affirms that he has used a Citibank Sears credit card to purchase goods. Defendant does not admit that his use of said credit card constitutes "all relevant times material hereto" . 6. Paragraph 6 is admitted in part and denied in part. Defendant affirms that he may have been furnished with com- plete statements of account. Defendant did communicate with Sears Citibank credit card customer service by telephone regarding a purchase charge for a Sears dish washer appliance that defendant subsequently decided not to purchase. Defendant advised customer service representative that he had not taken possession of the dish washer and would not be doing so. De- fendant advised customer service that sales receipts furnished to him by Sears stated that items not collected by purchaser within a set period of time would be returned to stock and that the order (s) for any such item(s) would be automatically cancelled. Defendant advised customer service that charge (s) for said dish washer were in error for the aforementioned rea- sons. As such, defendant has indeed made bona fide objections to charges that may be included in the amount that plaintiff is alleging are owed by defendant. 7 . After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 7, which is therefore denied. 8 . After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 8, which is therefore denied. 9. Paragraph 9 is denied. Defendant denies that the alleged balance due amount of $1, 630 . 85 is substantiated by plaintiff' s complaint for the reasons stated in Paragraphs 3, 4, 5 and 6 of this Answer. 10 . Paragraph 10 is denied. Defendant denies that the demand for payment in the amount of $1, 630 . 85 is in any way or manner "reasonable" for the reasons stated in Paragraphs 3, 4, 5 and 6 of this Answer. 11. Paragraph 11 is admitted. WHEREFORE, Defendant respectfully requests that this Honorable court deny the plaintiff' s request for Judgment against the defendant in the amount of $1, 630. 85 and deny the plaintiff' s request that defendant pay the costs of - this action. Defendant respectfully requests that this court enter Judgment against the plaintiff due to plaintiff' s failure to provide documented substantiation of debt amount allegedly owed, and other defects, as addressed above. Defendant further requests that this court refer this matter to compulsory arbitration in the event that the court declines to enter Judgment against plaintiff. Finally, defendant requests that this Honorable court grant defendant any and all other relief which the court deems just and reasonable. Respectfully Submi ed, t./ Defendant, pro se Arthur E. Clark 220 Reno Ave New Cumberland, PA 17070 Tel. (717) 805-6847 Defendant, pro se I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C. S. §4904, relating to unsworn falsific tion to authorities . JA4 Arthur E. Clark IN THE COURT OF COMMON PLEAS OF CUMBERLAND,PENNSYLVANIA CIVIL DIVISION- LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD ) NORFOLK, VA 23502 ) Plaintiff, ) ) CaseNo.: 13-6082 vs. ) ARTHUR E CLARK ) 220 RENO AVE NEW CUMBERLAND, PA 17070 ) ) Defendant. ) CERTIFICATE OF SERVICE I,ARTHUR E.CLARK hereby certify that I have mailed by U.S. mail, first class,postage t prepaid on this 6 day of November,2013, a true and correct copy of the Answer to the person(s) at the address indicated: Robert N. Polas, Jr. , Esq. Carrie Brown, Esq. Mark R. Garvey, Esq. PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Date: November 6 , 2013 ; Ar hur E. Clark 220 Reno Ave New Cumberland, PA 17070 Tel. (717) 805-6847 Carrie A.Brown,Esquire PA Bar#:94055 t • 'o n Robert N.Polas,Jr,Esquire PA Bar#: 201259 $i (, Mark R. Garvey,Esquire PA Bar#:312686 Portfolio Recovery Associates,LLC '/11,9A- #1j;1/; 120 Corporate Blvd. x,14 A Norfolk,VA 23502 t' t I/4 jar f, 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. 13-6082 Civil v. • ARTHUR E CLARK • 511 BRG ST. #102 NEW CUMBERLAND, PA 17070 • 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 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 July 17, 2011 until the last payment date of September 21, 2011. 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: $1,630.85 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 Plaintiff's 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 Plaintiff's 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: ' / ctfully Subm. e , Carrie 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. 13-6082 Civil v. • • ARTHUR E CLARK • 511 BRG ST. #102 • NEW CUMBERLAND, PA 17070 • • Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Request for Admissions upon Defendant, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of � , 2014, to: ARTHUR E CLARK 511 BRG ST. #102 . 7 NEW CUMBERLAND, ,✓17070 C,y: /. . e A. Brown, Esquire#94055 Robert N. Polas Jr., Esquire#201259 Mark R. Garvey, Esquire#312686 • Contract ID: Document ID: BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT, dated September 17, 2012, is by Citibank,NSA., a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank") to Portfolio Recovery Associates, LLC, organized under the laws of the Delaware, with its headquarters/principal place of business at 130 Corporate Boulevard,Norfolk,VA 23502("Buyer"). For value received and subject to the tenns and conditions of the Purchase and Sale Agreemerrt dated August 25, 2011, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant,.bargain, set over and deliver to Buyer, and to Buyer's successors and assigns,the Accounts described in Exhibit 1 and the final electronic file. Citibank,N.A. By: (Signature) Name: Patricia Hall Title: Financial Account Manager . Sgsp AKA O 2$11.doc 90 Contract ID: PR I SP 1EM08251 I Document ID: 091012PR I SP I EMG I AFFIDAVIT OF SALE OF ACCOUNT BY ORIGINAL CREDITOR STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA Patricia Hall, being duly sworn, deposes and says: I am the Financial Account Manager of Citibank, N.A. ("Bank") located at 701 East 60th Street North, Sioux Falls, SD 57117, am authorized to make the statements and representations herein and I am over 18 years of age. In that position I have access to the Bank's books and records, and am aware of the process of the sale of accounts and electronic storage of business records. On or about September 17, 2012, Bank sold a pool of charged-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Portfolio Recovery Associates, LLC. As part of the sale of the Accounts, certain electronic records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of the Bank. I am not aware of any errors in the information provided about the accounts. The above statements are true to the best of my knowledge. Signed this l '//2 day ofr „. , r:2 . Patricia Hall Sworn before me this I ` ' day of 1. Notary Public (Notary Stamp) My Commission Expires: 1' i PRA n82511 dok: Contract ID: PR I SP 1 EM0825 I I Document ID: 0910I2PR1SPIEMGI CERTIFICATE OF CONFORMITY STATE OF SOUTH DAKOTA COUNTY OF SIOUX FALLS The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State of South Dakota and is a resident of Sioux Falls, in the State of South Dakota; that he/she is a person duly qualified to make this certificate of conformity pursuant to the laws of the State of South Dakota; that the foregoing acknowledgment by Patricia Hall, named in the foregoing instrument taken before Louise M. Sandoval, a Notary in the State of South Dakota, was taken in the manner prescribed by such laws of the State of South Dakota, being the State in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. t2 t /17— -N,► Date Attorney at Law in e tare of South Dakota Eric N. Rasmussen PRA 082511 due Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: sears Customer Service: SEARS CREDIT CARDS PO Box 6283,Sioux Falls,SD 57117-6283 Sears Card Account Inquiries:Account Inquiries: U 1-800-917-7700 Account Number: 3838 Summary of Account Activity Payment Information Previous Balance $1,561.90 New Balance $1,630.85 Payments -$0.00 Minimum Payment Due $581.26 Other Credits -$0.00 Payment Due Date June 10, 2012 Purchases +$0.00 Cash Advances +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$35.00 date listed above,you may have to pay a late fee up to$35. Interest Charged +$33.95 Minimum Payment Warning: If you make only the minimum payment each New Balance $1,630.85 period,you will pay more in interest and it will take you longer to pay off your balance.For example: Past Due Amount $495.31 If you make no additional You win ipay off the And you wit charges using this card balance shown on this end up paying an and each month you pay... statement in about.. estimated total of... Credit Limit $0.00 Only the minimum payment 7 years $2,736 Available Credit $0.00 $65 3 years $2,342 Amount Over Credit Limit $0.00 (Savings=$394) Statement Closing Date 05/14/2012 If you would like information about credit counseling services,call 1-877-337-8188. Next Statement Closing Date 06/13/2012 Days in Billing Cycle 31 Your account is seriously past due. Amount past due is shown above. Arrangements for future payments should be made immediately. TRANSACTIONS Trans Date Description Reference# Amount FEES 05/10 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD $ 35.00 INTEREST CHARGED 05/14 INTEREST CHARGE ON PURCHASES $ 33.95 TOTAL INTEREST FOR THIS PERIOD $ 33.95 8 SE 8 NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued by Citibank,N.A. +Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records.+ Sears Card® Make Checks Payable to: SEARS CREDIT CARDS t Past Due Amount is included in the Minimum Payment Due. Your Account Number Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed 5049 9414 3900 3838 JUNE 10,2012 $1,630.85 $495.31 $581.26 $ 4i. SAVE STAMPS TIME... AND TREES! Visit Account Online and register now for Online Bill Pay, Paperless Statements and More. 3838 SEARS CREDIT CARDS PO BOX 183081 ARTHUR E CLARK COLUMBUS,OH 43218-3081 220 RENO AVE NEW CUMBERLAND,PA 17070-2047 Print address changes above in blue or black ink. Information About Your Account. What Will Happen After We Receive Your Letter How to Avoid Paying Interest on Purchases.Your payment due date is at least When we receive your letter,we must do two things. 25 days after the close of each billing cycle.We will not charge you any interest on 1. Within 30 days of receiving your letter,we must tell you that we received purchases if you pay your New Balance by the payment due date each month.This your letter.We will also tell you if we have already corrected the error. is called a grace period on purchases.If you do not pay the New Balance in full by 2. Within 90 days of receiving your letter,we must either correct the error or the payment due date,you will not get a grace period on purchases until you pay explain to you why we believe the bill is correct. the New Balance in full for two billing cycles in a row.We will begin charging interest on cash advances and balance transfers(if available on your account)on While we investigate whether or not there has been an error: the transaction date. • We cannot try to collect the amount in question,or report you as delinquent on If you have a balance subject to a deferred interest promotion and that promotion that amount. does not expire before the payment due date,that balance(the"excluded • The charge in question may remain on your statement,and we may promotional balance")is excluded from the amount you must pay in full to get a continue to charge you interest on that amount. grace period.However,you must still pay any separately required payment on the • While you do not have to pay the amount in question,you are responsible excluded promotion.In billing cycles in which payments are allocated to deferred for the remainder of your balance. interest balances first,the deferred interest balance will be reduced before any • We can apply any unpaid amount against your credit limit. other balance on the account.However,you will continue to get a grace period on After we finish our investigation,one of two things will happen: purchases so long as you pay the New Balance less any excluded promotional If we made a mistake:You will not have to pay the amount in question or any balances in full by the payment due date each billing cycle. interest or other fees related to that amount. In addition,certain promotional offers may take away the grace period on • If we do not believe there was a mistake:You will have to pay the amount purchases.Other promotional offers not described above may also allow you to in question,along with applicable interest and fees.We will send you a have a grace period on purchases without having to pay all or a portion of the statement of the amount you owe and the date payment is due.We may then promotional balance by the payment due date.If either is the case,the report you as delinquent if you do not pay the amount we think you owe. promotional offer will describe what happens. How We Calculate Your Balance Subject to Interest Rate.We use a daily If you receive our explanation but still believe your bill is wrong,you must write to bJ y us within 10 days telling us that you still refuse to pay.If you do so,we cannot balance method(including current transactions)to calculate interest charges.To report you as delinquent without also reporting that you are questioning your bill. find out more information about the balance computation method and how the We must tell you the name of anyone to whom we reported you as delinquent,and resulting interest charges were determined,contact us at the Account Inquiries we must let those organizations know when the matter has been settled between number on the front. us. Balance Transfers.Balance transfer amounts are included in the"Purchases.'line If we do not follow all of the rules above,you do not have to pay the first$50 of in the Summary of Account Activity(if balance transfers are available on your the amount you question even if your bill is correct. account). Transaction Date.The Transaction Date shown on the statement is also the Sale Your Rights If You Are Dissatisfied With Your Credit Card Purchases Date. If you are dissatisfied with the goods or services that you have purchased with Credit Reporting Disputes.If you think we reported inaccurate information to a your credit card,and you have tried in good faith to correct the problem with the credit merchant,you may have the right not to pay the remaining amount due on the redit bureau write us at the Customer Service address shown on the front. purchase. Report a Lost or Stolen Card Immediately.Call the Account Inquiries number To use this right,all of the following must be true: shown on the front. 1. The purchase must have been made in your home state or within 100 What To Do if You Find A Mistake On Your Statement miles of your current mailing address,and the purchase price must have If you think there is an error on your statement,write to us at the address for been more than$50.(Note:Neither of these are necessary if your billing inquiries and correspondence shown on the front of your statement. purchase was based on an advertisement we mailed to you,or if we own In your letter,give us the following information: the company that sold you the goods or services.) 2. You must have used your credit card for the purchase.Purchases made with • Account information:Your name and account number. cash advances from an ATM or with a check that accesses your credit card • Dollar amount:The dollar amount of the suspected error. account do not qualify. • Description of problem:If you think there is an error on your bill, 3. You must not yet have fully paid for the purchase. describe what you believe is wrong and why you believe it is a mistake. If all of the criteria above are met and you are still dissatisfied with the purchase, You must contact us: contact us in writing at the address for billing inquiries and correspondence shown • Within 60 days after the error appeared on your statement. on the front of your statement. • At least 3 business days before an automated payment is scheduled,if you want While we investigate,the same rules apply to the disputed amount as discussed to stop payment on the amount you think is wrong. above.After we finish our investigation,we will tell you our decision.At that point, You must notify us of any potential errors in writing.You may call us,but if you do if we think you owe an amount and you do not pay, we may report you as delinquent. we are not required to investigate any potential errors and you may have to pay the amount in question. EM SMC-TGI-SCC-SCP-HIPs 12111 T01679-9351-5000-0022-9-E-9-D--07/01/11-36--P--0--7-402-0-0----02/13/12-PDAB-April 13,2012-0-N N--- Important Payment Instructions. Payment Options Other Than Regular Mail. Right to Prepay Your Account.You may pay all or part of your account balance • In-Store Payments(Where Available).Any payment in proper form at any time.However,you must pay,by the payment due date,at least the accepted in-store will be credited as of that day.However,credit minimum payment due. availability may be subject to verification of funds.Not all stores accept Crediting Payments.If we receive your payment in proper form at our processing payments.Contact your local store to see if in-store payments are facility by 5 p.m.local time there,it will be credited as of that day.A payment accepted at that location. received there in proper form after that time will be credited as of the next day. • Online Payments.Visit the web address on the front and sign up for Allow 5 to 7 days for payments by regular mail to reach us.There may be a delay online payments.Enrollment may take a few days.If we receive your of up to 5 days in crediting a payment we receive that is not in proper form or is request to make an online payment by 5 p.m.Eastern time,we will credit not sent to the correct address.The correct address for regular mail is the address your payment as of that day.If we receive your request to make an online on the front of the payment coupon.The correct address for courier or express payment after that time,we will credit your payment as of the next day. mail is the Express Payments Address shown below. For security reasons,you may be unable to pay your entire New Balance with your first online payment. Proper Form.For a payment sent by mail or courier to be in proper form,you must: . Pay by Phone Service.You may use this service any time to make a Enclose a valid check or money order.No cash,gift cards,or foreign payment by phone.You will be charged$14.95 if a representative of ours currency please. helps expedite your payment.Call by 5 p.m.Eastern time to have your Include your name and account number on the front of your check or money payment credited as of that day.If you call after that time,your payment order. will be credited as of the next day.We may process your payment If you send an eligible check with this payment coupon,you authorize us to electronically after we verify your identity. complete your payment by electronic debit.If we do,the checking account will • Express Payments.You can send payment by courier or express mail to be debited in the amount on the check.We may do this as soon as the day we the Express Payments Address.This address is:Payments Department, receive the check.Also,the check will be destroyed. 1500 Boltonfield Street,Columbus,OH 43228.Payment must be received Copy Fee.We charge$3 for each copy of a billing statement that dates back 3 in proper form at the proper address by 5 p.m.Eastern time to be credited months or more.We add the fee to the regular purchase balance.We waive the fee of er that day.All will payments received of in proper form at the proper address if your request for the copy relates to a billing error or disputed purchase. after that time will be credited as of the next day. Page 2 of 4 Account: **** **** **** 3838 2012 Totals Year-to-Date Total Fees Charged in 2012 $175.00 Total Interest Charged in 2012 $152.55 INTEREST CHARGE CALCULATION Your Annual Percentage Rate(APR)is the annual interest rate on your account. Type of Balance Annual Percentage Rate(APR) Balance Subject to interest Rate Interest Charge PURCHASES REGULAR 25.24%(D)(V) $1,583.85 $33.95 (V)=Variable Rate (D)=Daily Page 3 of 4 Account: **** **** **** 3838 Page 4 of 4 PORTFOLIO RECOVERY ASSOCIATES,LLC 120 Corporate Blvd Norfolk,VA 23502 Telephone: 1-866-428-8102 YFax: (757)518-0860 Statement of Account Account : ************3838 ARTHUR E CLARK Account Holder: ARTHUR E CLARK 511BRGST# 102 NEW CUMBERLAND PA 17070 Consumer Account Product Code: PVT Issuer: /CITIBANK,N.A./SEARS Assignee: Portfolio Recovery Associates,LLC Account Number: ************3838 Date Account Opened: July 17,2011 Date of Last Payment: September 21,2011 Date of Charge Off: May 15,2012 Balance at Purchase: $1,630.85 Purchase Date: September 17,2012 Balance at Charge-Off: $1,630.85 Less Payments: $.00 Balance Due: $1,630.85 13-88435 SRSP90 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. ACCOUNT NUMBER 03838 ACCOUNT NUMBER CROSS-REFERENCE NUMBER 0000000000000000 ACCOUNT OPEN DATE 7/17/2011 12:00:00 AM ANNUAL PERCENTAGE RATE 0 ATTORNEY ADDRESS ATTORNEY CITY ATTORNEY LAW FIRM ATTORNEY NAME ATTORNEY PHONE ATTORNEY STATE ATTORNEY ZIP CODE AUTHORIZED USER NAME FIRST AUTHORIZED USER NAME LAST AUTHORIZED USER NAME MIDDLE AUTHORIZED USER SOCIAL SECURITY NUMBER/TAX ID BANKRUPTCY 341 DATE BANKRUPTCY 341 LOCATION BANKRUPTCY 341 TIME BANKRUPTCY ASSET INDICATOR BANKRU PTCY CASE NUMBER BANKRUPTCY CHAPTER BANKRUPTCY DEADLINE FILE DATE/ BAR DATE BANKRUPTCY DISCHARGE DATE BANKRUPTCY FILE AMOUNT BANKRUPTCY FILE DATE BANKRUPTCY INDICATOR BANKRUPTCY PROOF OF CLAIM DATE BAN KRU PTCY TRUSTEE BANKRU PTCY TRUSTEE ADDRESS BAN KRU PTCY TRUSTEE CITY BANKRU PTCY TRUSTEE PHONE BANKRU PTCY TRUSTEE STATE BAN KRU PTCY TRUSTEE ZIP BRANCH LAST NETWORK BRANCH NAME BRANCH PHONE NUMBER CACS CONVERTED ACCOUNT INFORMATION CACS FUNCTION CACS LOCATION CACS LOCATION NAME CACS SECURITY CODE CACS STATE CHARGE CARD INDICATOR CHARGE OFF AMOUNT 1630.8500 CHARGE OFF DATE 5/15/2012 12:00:00 AM CO-BORROWER FIRST NAME CO-BORROWER LAST NAME CO-BORROWER MIDDLE NAME CO-BORROWER SOCIAL SECURITY NUMBER CREDIT BUREAU FLAG 1 CREDIT LIMIT 3600.0000 CURRENT BALANCE 1630.8500 DATE OF LAST NAME CHANGE DEBTOR ALTERNATE CONTACT FIRST NAME :DEBTOR ALTERNATE CONTACT LAST NAME DEBTOR ALTERNATE CONTACT MIDDLE NAME DEBTOR ALTERNATE CONTACT PHONE 0000000000 DEBTOR BIRTH DATE .1971 12:00:00 AM DEBTOR BUSINESS ADDRESS 1 DEBTOR BUSINESS ADDRESS 2 DEBTOR BUSINESS CITY DEBTOR BUSINESS PHONE NUMBER DEBTOR BUSINESS STATE DEBTOR BUSINESS ZIP CODE DEBTOR NAME FIRST ARTHUR E DEBTOR NAME LAST CLARK DEBTOR NAME MIDDLE DEBTOR RESIDENCE ADDRESS 1 220 RENO AVE DEBTOR RESIDENCE ADDRESS 2 DEBTOR RESIDENCE CITY NEW CUMBERLAND DEBTOR RESIDENCE COUNTRY DEBTOR RESIDENCE COUNTY DEBTOR RESIDENCE PHONE 3015 DEBTOR SOCIAL SECURITY NUMBER 6380 DEBTOR STATE PA DEBTOR ZIP CODE 170702047 FDR OWNERSHIP CODE/TRUST ID 00003201 FDR REFERENCE NUMBER HIGH BALANCE 'HOST STATUS IBS ACCOUNT CROSS-REFERENCE CODE IBS ACCOUNT TYPE IBS CRIS RELATIONSHIP COUNT IBS CRIS RELATIONSHIP KEY IBS HOST AGENCY CODE IBS OWNERSHIP CODE JOINT INDICATOR JUDGMENT DATE JUDGMENT INDICATOR .................................... LAST CASH ADVANCE AMOUNT LAST CASH ADVANCE DATE LAST CONTACT DATE LAST PAYMENT AMOUNT 89.0000 LAST PAYMENT DATE 9/21/2011 12:00:00 AM LAST PURCHASE AMOUNT LAST PURCHASE DATE 7/18/2011 12:00:00 AM LOT NAME/SEGMENT NAME LOT NUMBER/SEGMENT MERCHANT INFORMATION MERCHANT INFORMATION SPECIFIC MERCHANT NUMBER ORIGINAL BALANCE ORIGINAL DELINQUENCY DATE POST CHARGE OFF FEES POST CHARGE OFF INTEREST PRE CHARGE OFF INTEREST PRE CHARGE OFF FEES PRODUCT IDENTIFICATION NAME 93515000 PRODUCT IDENTIFICATION NUMBER PROOF OF CLAIM AMOUNT/TOTAL PRINCIPAL REFERRAL DATE RMS BUYERS CODE PRAA RMS CHARGE OFF REASON CODE RMS LAST STATUS UPDATED 9/8/2012 12:00:00 AM RMS LENDING LEVEL 1 CPLR RMS LENDING LEVEL 2 SPLR RMS LOAN TYPE MAST RMS OFFICE CODE RMS OFFICER NAME RMS OFFICER CODE RMS OFFICER CODE DESCRIPTION SEARS PREMIER CARD RMS RECOVERER CODE RMS REFERRAL AMOU NT RMS STATUS CODE 009 SALE AMOUNT 1630.8500 SALE ID 091012PR1SP1EM STATUTE OF LIMITATION SUM OF ALL PAYMENTS RECEIVED SUM OF ALL POST CHARGE OFF PAYMENTS F130 F131 Data printed by Portfolio Recovery Associates, LLC from electronic records provided by CITIBANK, N.A. pursuant to the sale of accounts from CITIBANK,N.A. to Portfolio Recovery Associates, LLC Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: poi Customer Service: SEARS CREDIT CARDS sears Sears Card` searscard.com PO Box 6283,Sioux Falls,SD 57117-6283 ri Account Inquiries: U 1-800-917-7700 Account Number: 3838 Summary of Account Activity _Payment Information Previous Balance $0.00 New Balance $1,228.77 Payments -$0.00 Minimum Payment Due $25.00 Other Credits -$43.78 Payment Due Date September 10, 2011 Purchases +$1,272.55 Cash Advances +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$0.00 date listed above,you may have to pay a late fee up to$35. Interest Charged +$0.00 Minimum Payment Warning: If you make only the minimum payment each New Balance $1,228.77 period,you will pay more in interest and it will take you longer to pay off your balance. For example: Past Due Amount $0.00 If you make no additional You will pay off the And you will charges using this card balance shown on this end up paying an and each month you pay... statement in about... estimated total of... Credit Limit $3,600.00 Only the minimum payment 8 years $2,635 Available Credit $2,371.00 $49 3 years $1,764 Amount Over Credit Limit $0.00 (Savings=$871) Statement Closing Date 08/14/2011 It you would like intormation about credit counseling services,call 1-877-337-8187. Next Statement Closing Date 09/13/2011 Days in Billing Cycle 29 TRANSACTIONS Trans Date Description Reference# Amount 07/17 PORTABLE P9351006749VDQLRS $ 608.17 07/17 PROTECTION AGREEMENT,KM WHT FRZR P9351006749VDQLTK $ 530.83 07/17 SALE ADJUSTMENT P9351006749VDQLTQ $ 33.78- RANGES,OVENS,AND DISHWASHERS 07/17 PROTECTION AGREEMENT P9351006749VDQLRS $ 133.55 07/17 THANK YOU FOR OPENING YOUR ACCOUNT! F9351006749VJYAUT $ 10.00- Manage your account online. • Access transaction details and available credit 24/7 • View,download and print current or past It's easy, secure and saves you time! statements for the last 12 months • Pay your bill online 24/7 Register now at: searscard.com • Set up email alerts and more... 3458 SE 8 NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued by Citibank,N.A. 'r Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records.T Sears Card® Make Checks Payable to: SEARS CREDIT CARDS t Past Due Amount is included in the Minimum Payment Due. Your Account Number Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed SEPTEMBER 10,2011 $1,228.77 $0.00 $25.00 $ 4,, SAVE STAMPS, TIME... AND TREES! Visit Account Online and register now for Online Bill Pay, Paperless Statements and More. 3838 SEARS CREDIT CARDS PO BOX 183081 ARTHUR E CLARK COLUMBUS,OH 43218-3081 220 RENO AVE NEW CUMBERLAND, PA 17070-2047 Print address changes above in blue or black ink. Information About Your Account. You must notify us of any potential errors in writing.You may call us,but if How to Avoid Paying Interest on Purchases.Your payment due date is at you do we are not required to investigate any potential errors and you may least 25 days after the close of each billing cycle.We will not charge you any have to pay the amount in question. interest on purchases if you pay your New Balance by the payment due date While we investigate whether or not there has been an error,the following each month.This is called a grace period on purchases. If you do not pay the are true: New Balance in full by the payment due date,you will not get a grace period • We cannot try to collect the amount in question,or report you as on purchases until you pay the New Balance in full for two billing cycles in a delinquent on that amount. row.We will begin charging interest on cash advances and balance transfers . The charge in question may remain on your statement,and we may (if available on your account)on the transaction date. continue to charge you interest on that amount.But,if we determine that If you have a balance subject to a deferred interest promotion and that we made a mistake,you will not have to pay the amount in question or any promotion does not expire before the payment due date,that balance(the interest or other fees related to that amount. "excluded promotional balance")is excluded from the amount you must pay • While you do not have to pay the amount in question,you are responsible in full to get a grace period.However,you must still pay any separately for the remainder of your balance. required payment on the excluded promotion. In billing cycles in which • We can apply any unpaid amount against your credit limit. payments are allocated to deferred interest balances first,the deferred Your Rights if You Are Dissatisfied With Your Credit Card Purchases interest balance will be reduced before any other balance on the account. However,you will continue to get a grace period on purchases so long as you If you are dissatisfied with the goods or services that you have purchased pay the New Balance less any excluded promotional balances in full by the with your credit card,and you have tried in good faith to correct the problem payment due date each billing cycle. with the merchant,you may have the right not to pay the remaining amount due on the purchase. In addition,certain promotional offers may take away the grace period on To use this right,all of the following must be true: purchases.Other promotional offers not described above may also allow you 9 to have a grace period on purchases without having to pay all or a portion of 1.The purchase must have been made in your home state or within 100 the promotional balance by the payment due date.If either is the case,the miles of your current mailing address,and the purchase price must have promotional offer will describe what happens. been more than$50.(Note:Neither of these are necessary if your How We Calculate Your Balance Subject to Interest Rate.We use a daily purchase was based on an advertisement we mailed to you,or if we own balance method(including current transactions)to calculate interest the company that sold you the goods or services.) charges.To find out more information about the balance computation 2.You must have used your credit card for the purchase.Purchases made method and how the resulting interest charges were determined,contact us with cash advances from an ATM or with a check that accesses your credit at the Account Inquiries number on the front. card account do not qualify. 3.You must not yet have fully paid for the purchase. Balance Transfers.Balance transfer amounts are included in the "Purchases"line in the Summary of Account Activity(if balance transfers are If all of the criteria above are met and you are still dissatisfied with the available on your account). purchase,contact us in writing at the Billing Errors address shown on the front. Transaction Date.The Transaction Date shown on the statement is also the While we investigate,the same rules apply to the disputed amount as Sale Date. discussed above.After we finish our investigation,we will tell you our Credit Reporting Disputes.If you think we reported inaccurate information decision.At that point,if we think you owe an amount and you do not pay to a credit bureau write us at the Customer Service address shown on the we may report you as delinquent. front. Report a Lost or Stolen Card Immediately.Call the Account Inquiries Important Payment Instructions. number shown on the front. Crediting Payments.If we receive your payment in proper form at our What To Do if You Think You Find a Mistake on Your Statement processing facility by 5 p.m.local time there,it will be credited as of that day. A payment received there in proper form after that time will be credited as If you think there is an error on your statement,write to us at the Billing of the next day.Allow 5 to 7 days for payments by regular mail to reach us. Errors address shown on the front. There may be a delay of up to 5 days in crediting a payment we receive that In your letter,give us the following information: is not in proper form or is not sent to the correct address.The correct • Account information:Your name and account number. address for regular mail is the address on the front of the payment coupon. • Dollar amount:The dollar amount of the suspected error. A payment made in-store is not sent to the correct address.The correct • Description of Problem:If you think there is an error on your bill, address for courier or express mail is the Express Payments Address shown describe what you believe is wrong and why you believe it is a mistake. below. You must contact us within 60 days after the error appeared on your EM SMCJTGIJSCCISCP/HIPS 08/11 statement. T01206-9351-5000-0022-9-0--07/01/11-36---0--0-0-0-0-PREMREW---12/31/99-PDAB-December 31,9999-N Proper Form.For a payment sent by mail or courier to be in proper form, • Pay by Phone Service.You may use this service any time to make a you must: payment by phone.You will be charged$14.95 if a representative of ours • Enclose a valid check or money order. No cash,gift cards,or foreign helps expedite your payment.Call by 5 p.m.Eastern time to have your currency please. payment credited as of that day.If you call after that time,your payment • Include your name and account number on the front of your check or will be credited as of the next day.We may process your payment money order. electronically after we verify your identity. If you send an eligible check with this payment coupon,you authorize us • Express Payments.You can send payment by courier or express mail to to complete your payment by electronic debit.If we do,the checking the Express Payments Address.This address is:Payments Department, account will be debited in the amount on the check.We may do this as 1500 Boltonfield Street,Columbus,OH 43228.Payment must be received soon as the day we receive the check.Also,the check will be destroyed. in proper per form atl payments received s n proper Forman the proper credited d Copy Fee.We charge$3 for each copy of a billing statement that dates back after that day. will be credited re ei of the next day. 3 months or more.We add the fee to the regular purchase balance.We waive the fee if your request for the copy relates to a billing error or disputed purchase. Payment Options Other Than Regular Mail. • Online Payments.Visit the web address on the front and sign up for online payments.Enrollment may take a few days.If we receive your request to make an online payment by 5 p.m.Eastern time,we will credit your payment as of that day.If we receive your request to make an online payment after that time,we will credit your payment as of the next day. For security reasons,you may be unable to pay your entire New Balance with your first online payment. Page 2 of 4 Account: **** **** **** 3838 TRANSACT IONS (cont.) Trans Date Description Reference# Amount FEES TOTAL FEES FOR THIS PERIOD $ 0.00 INTEREST CHARGED TOTAL INTEREST FOR THIS PERIOD $ 0.00 2011 Totals Year-to-Date Total Fees Charged in 2011 $0.00 Total Interest Charged in 2011 $0.00 INTEREST CHARGE CALCULATION Your Annual Percentage Rate(APR)is the annual interest rate on your account. Type of Balance Annual Percentage Rate(APR) Balance Subject to Interest Rate Interest Charge PURCHASES REGULAR 25.24%(D)(V) $0.00 $0.00 (V)=Variable Rate (D)=Daily REWARDS SUMMARY Previous Points Balance 0 Points Earned 0 Points Adjusted 0 Points Redeemed 0 Ending Points Balance 0 Forget something? You must activate your Sears Card before you use it. Your new Sears Card can be used at any Sears, Kmart store in the country and the Sears Holdings Corporation family of businesses. It is important that you activate your new Sears Card today by calling 1-800-589-7327 ■.•■� 1■i from your home phone. So activate now, and thank you for choosing the Sears Card! 143 Page 3 of 4 Account: **** **** **** 3838 Your New Statement: Clear. Concise. Easy to read. Clear. Statements are written in everyday language that you'll be able to read and understand.They show you how much you've spent, how much you owe,when you owe it and how long it will take you to pay it off. Concise. The information is"bucketed"into sections that make it easy to find what you're looking for and is written in normal,everyday language. Easy to read. The words themselves are in a large and easy-to-read typeface. Summary of Account Activity Monthly account activity-payments,credits,fees,and interest charged Transactions Account Number/Contact Information Clearly see the activity that occurred to Payment Information create your monthly balance:purchases, Your balance,minimum payment and due date payments and credits, fees and interest for the billing cycle Payment Calculator An estimated time it will take to pay off your balance when making the minimum payment and how much you should pay each month to pay off your balance in 36 months -Promotions Section Customer-friendly summary -- with promotions listed in order Account Statemt ni sew NNia d WIN anuganc Cuasmerservla In Mae n of expiration e o Customer Service: • F,'`e o I T "` sears Cam, LMYIL..Ingu-101M- IXAM.A,.a.Ar �, i SI Account Inquiries: Account Number 999999999999199! 0mM t-809.999-9999 PlasucNumbm: 999999999999 199 1 IMO •Summary of Account Activity Payment Information • —- lllllE Previous Balance 99.999.999 99 New Balance -$9,999,999.99 Payments.._ _ -$9,999,999.99 Minimum Payment Due -$9999.999 99 Other Oceans -$9,999 999 99 .. ® Purchases 49.999.999 99 Payment Due Date Month DD,YYYY Cash Advances $9999.,99999 Late Payment Warning:it we do ccl receive hula 11M111Mlati Paymenl los Fees Charged .59,999,999.99 by the It listed above you may have lu pay a 19 t lee up to.935. Interest Charged .59,999,999.99 Minimum Payment Warning:9 you make only the n lineman partner --i- El New Balance $9,999.999.99 each period,you out pay more In inter.t and It,ell lake ya1 koger to pay oII your bdance.FA example: —— ` MN Past Due Amount $9 999.999 99 _ -- : Credit Unlit ggg ggg gg rAxar make paaddrnonet- Yonwill on Ile Aral law o Available Credit $9 999 999 99 cherGes us�thus carcl -Adam' shay l tin, nd m l a 9 an 9999 and91oirmaroaMOO./ nmet in,about e-�tanated4olalr,r __ Cash Advance Ulan -$9 999,99999 OHO,Immure layHNm1 fU year, $999.999999 ccount: ——'—— Available Cash Land $9999.99999 Amount Over Credit Limit -$9.999:999 99 599 .3 years $9�7)R}7 77'7 RAs11W%-O> � �� (S:rv/'c. $999996 esoat:��'�1O Statement Closing Date MM/DD/YYYY_ i ,n.o*.vol�mEE.ace n- Next Statement Closing Date MM/DD/YYYY 1 e..cui uh-■, rot k abe�∎Ted.car, cg,r.c.:. our:n,.,,,....' r n tic rM vvT -HI r:.DpvEA Days In Billing Cycle 99 awa9 Ol Pe'IIEM11 �.. ',7_,' °9be cu muct,a.., Pcol.A. a1-a131,..n$99991 I AIL';MM/DO/YY rSa J -�G. 'I-r.-:-.∎.1 ., l h V A D U C,,,,,,-11.1.,/-.e - t� Z TRANSACTIONS z Trans Dan Description Raw aneea laude• Amount z Z r � Z 1 MX FEES_�_— -`-T ''Z VMiCD Laai FEE _ nETUnV CHICK rEl z MM`�'U HAPCE MtNGU MINt4'IJM C TOTAL FEES 90.a'PAS PE,NOO I519990t CAARGED-�--I-O'N?V SC Hass } MM'C "1"'"''''' G SO ADVANCES ES'CHAt ` !MDD MEN ns psEnOO '.` TOTAL INTEHESTEOFi tH YYTntmfYas-to-Iaa" 5,99979999 Original Transaction Amount Total FeeeC ar 5 9990999 Allows you to reference the in yyYV Piano Defense Fypt elan II \r Z Tpla'.Irterx5l Cnargt D�a_ - \ c o Z P,9'9"' Pena is lnmtiaest 9 . P.r"rg tCng-'7.—„•,m,no, ; original purchase amount i z a+ ni pas POMj99 de_dits Cnages— 3>.;C Amain[ —_ — , -0 PR'OMOTION9_—- :7,,—,arn,=D^� - New Promotion Balance c CIF,?P'Ee C IT On”, \. Keep track of the amount of the Z I i�luree Ib d,1GW NFCwd. y.,�:ArerO ,,,,, RataI APNUtne '1,,sle CONS , CECALCULAiION °,Ap:„ eala�� «Ieat°`roa�wate original promotional purchase �N"� a9999999.� \ which remains unpaid { Z INrERE97 ArrnuzJ Pelcantage R'.. l °Z TAym p(glance.. 59.999999`.19 $9999,99999 PURCHASES 999.99 o IM; $9 999999 99 t $9.999 999 99 I ACGULAR 999 99,0 1411 59 999.999 99 $4 999,999 99 REGULAri ON OR 13E 999 MMIDDIYY 999 99:,119)(V�. 99.999 999.99 PRC)'WOTIONAL BALAJ+ICF I 99999°m IM) 99.999999.99... t TIONAL gAL ANCC 2 $9999.999 99 PROMO 59.999.999.99 CASH ADVANCES 999 We(MI 99 999.599 99 99999,999 99 Page 4 of 4 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES; LLC Plaintiff v. ARTHUR E CLARK Defendant NO. 13-6082 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 October 16, 2013. 2. On November 6, 2013, Defendant filed an Answer to Plaintiffs complaint. 3. On or about January 21, 2014, 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 (1) whenever there is no genuine issue of material fact as to a necessary element of the cause of This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC : Plaintiff v. ARTHUR E CLARK Defendant NO. 13-6082 Civil CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Motion for Summary Judgment upon ARTHUR E CLARK, by First Class Mail, Postage Pre -Paid, a copy thereof on this 701 day of , 2016, to: 13-88435 ARTHUR E CLARK 511 BRG ST # 102 NEW CUMBERLAND PA 17 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. debt. A." t to 'collect a EX an atte W and 1s purpose. debt collector,.. used ?or that is from a b will be This communication anon obtained inf orm Any , . Carrie A. Brown, Esquire PA Bar #:94055 Robert N. Pols, 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. ARTHUR E CLARK 511 BRG ST. #102 NEW CUMBERLAND, PA 17070 Defendant No. 13-6082 Civil 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 persons) 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 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 July 17, 2011 until the last payment date of/September 21, 2011. 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: $1,630.85 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 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 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 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 Plaintiffs 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: Respec . y Submitte Carrie 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 v. ARTHUR E CLARK 511 BRG ST. #102 NEW CUMBERLAND, PA 17070 Defendant : No. 13-6082 Civil CERTIFICATE OF SERVICE The undersigned does hereby certify.that I served -a copy of the foregoing Request for Admissions upon Defendant, by First Class Mail, Postage Pre -Paid, a copy thereof on this/3 day of ,jal / , 2014, to: ARTHUR E CLARK 511 BRG ST. #102 NEW CUMBERLAND, P 070 e A. Brown, Esquire #94055 Robert N. Polas Jr., Esquire #201259 Mark R. Garvey, Esquire #312686 Contract ID: Document ID: BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT, dated September 17, 2012, is by Citibank, N.A., a national banking association organized -under the laws of the United States, located at 701 East 60th Street North, Sioux Falls; SD 57117 (the "Bane") to Portfolio Recovery Associates, LLC, organized under the laws of the Delaware, with its headquarters/principal place of business at 130 Corporate Boulevard, Norfolk, VA 23502 {"Buyer"). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated August 25, 2011, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, 'grant, .bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 and the final electronic tile. Citibank, N.A. (Signature) By: Name: Patricia Hall Title:. Financial Account Manager PRA 082511.doc SRs.P90 AFFIDAVIT ,OF,SALE OF ACCOUNT BY ORIGINAL CREDITOR STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA Contract ID: PRISP1EM082511 Document ID: 091012PR 1 SP1 EMG 1 Patricia Hall, being duly sworn, deposes and says: I am the Financial Account Manager of Citibank, N.A. ("Bank") located at. 701 East 60`h Street North, Sioux Falls., SD 57117, am authorized to make the statements and representations herein and I am over 18 years of age. In that position I have access to the Bank's books and records, and am aware of the process of the sale of accounts and electronic, storage of business records. On or about September 17, 2012, Bank sold a pool of charged -off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Portfolio Recovery Associates, LLC. As part of the sale of the Accounts, certain electronic records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of the Bank. I am not aware of any errors in the information provided about the accounts. The above statements are true to the best of my knowledge. Signed this /Y7 Sworn before me this (Notary Stamp) day of hep ,n,bPv , a© /2 My Commission Expires: PRA 0825I 1.doc day of. rI.` Notary Public sears Customer Service: Sears Card' searscard.com Account Inquiries: 1-800-917-7700 Summary of Account Activity $0.00 Previous Balance $1,561.90 Payments -$0.00 Other Credits -$0.00 Purchases +$0.00 Cash Advances +$0.00 Fees Charged +$35.00 Interest Charged +$33.95 New Balance Past Due Amount $1,630.85 $495.31 CF___redit Limit $0.00 Available Credit $0.00 Amount Over Credit Limit $0.00 Statement Closing Date 05/14/2012 Next Statement Closing Date 06/13/2012 Days in Billing Cycle 31 Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: SEARS CREDIT CARDS PO Box 6283, Sioux Falls, SD 57117-6283 Payment Information New Balance $1,630.85 Minimum Payment Due $581.26 Payment Due Date June 10, 2012 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. 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: oU tnakP I): tiitiOaF: Information About Your Account. How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. If you do not pay the New Balance in full by the payment due date, you will not get a grace period on purchases until you pay the New Balance in full for two billing cycles in a row. We will begin charging interest on cash advances and balance transfers (if available on your account) on the transaction date. If you have a balance subject to a deferred interest promotion and that promotion does not expire before the payment due date, that balance (the "excluded promotional balance") is excluded from the amount you must pay in full to get a grace period. However, you must still pay any separately required payment on the excluded promotion. In billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases so long as you pay the New Balance less any excluded promotional balances in full by the payment due date each billing cycle.. In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. If either is the case, the promotional offer will describe what happens. How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method and how the resulting interest charges were determined, contact us at the Account Inquiries number on the front. Balance Transfers. Balance transfer amounts are included in the "Purchases" line in the Summary of Account Activity (if balance transfers are available on your account). Transaction Date. The Transaction Date shown on the statement is also the Sale Date. Credit Reporting Disputes. If you think we reported inaccurate information to a credit bureau write us at the Customer Service address shown on the front. Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on the front. What Tb Do if You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at the address for billing inquiries and correspondence shown on the front of your statement. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: • Within 60 days after the error appeared on your statement. • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. Important Payment Instructions. Right to Prepay Your Account. You may pay all or part of your account balance at any time. However, you must pay, by the payment due date, at least the minimum payment due. Crediting Payments. If we receive your payment in proper form at our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. The correct address for courier or express mail is the Express Payments Address shown below. Proper Form. For a payment sent by mail or courier to be in proper form, you must: • Enclose a valid check or money order. No cash, gift cards, or foreign currency please. • Include your name and account number on the front of your check or money order. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Copy Fee. We charge $3 for each copy of a billing statement that dates back 3 months or more. We add the fee to the regular purchase balance. We waive the fee if your request for the copy relates to a billing error or disputed purchase. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things. 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. • If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Your Rights If 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 on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 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 account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address for billing inquiries and correspondence shown on the front of your statement. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. EM SMC-TGI-SCC-SCP-HIPs 12/11 T01679-9351-5000-0022-9-E-9-D--07/01/11-36--P-0--7-402-0-0----02/13/12-PDAB-April 13, 2012-0-N Payment Options Other Than Regular Mail. In -Store Payments (Where Available). Any payment in proper form accepted in-store will be credited as of that day. However, credit availability may be subject to verification of funds. Not all stores accept payments. Contact your local store to see if in-store payments are accepted at that location. • Online Payments. Visit the web address on the front and sign up for online payments. Enrollment may take a few days. If we receive your request to make an online payment by 5 p.m. Eastern time, we will credit your payment as of that day. If we receive your request to make an online payment after that time, we will credit your payment as of the next day. For security reasons, you may be unable to pay your entire New Balance with your first online payment. • Pay by Phone Service. You may use this service any time to make a payment by phone. You will be charged $14.95 if a representative of ours helps expedite your payment. Call by 5 p.m. Eastern time to have your payment credited as of that day. If you call after that time, your payment will be credited as of the next day. We may process your payment electronically after we verify your identity. • Express Payments. You can send payment by courier or express mail to the Express Payments Address. This address is: Payments Department, 1500 Boltonfield Street, Columbus, OH 43228. Payment must be received in proper form at the proper address by 5 p.m. Eastern time to be credited as of that day. All payments received in proper form at the proper address after that time will be credited as of the next day. Account: **** **** **** 3838 ... ..... ... Total Fees Charged in 2012 Total Interest Charged in 2012 $152.55 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. 1if*040: 07.0N-ORMie:qg;g0hAt!b:;_07#10i..1.01P*0.0§4.03,001PPOU.','.00-1400:1$00100:04010**CPA*054,040#0#40:(0 PURCHASES REGULAR 25.24% (D)(V) $1,583.85 $33.95 (V) = Variable Rate (D) = Daily Page 3 of 4 PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 Telephone:. 1-866-428-8102 Fax: (757) 518-0860 Statement of Account Account: ************3838 ARTHUR E CLARK Account Holder: ARTHUR E CLARK 511BRGST#102 NEW CUMBERLAND PA 17070 Consumer Account Issuer: Assignee: Account Number: Product Code: PVT / CITIBANK, N.A. / SEARS Portfolio Recovery Associates, LLC ************3838 Date Account Opened: July 17, 2011 Date of Last Payment: September 21, 2011 Date of Charge Off: May 15, 2012 Balance at Purchase: Purchase Date: $1,630.85 September 17, 2012 Balance at Charge -Off: $1,630.85 Less Payments: $.00 Balance Due: $1,630.85 13-88435 SRSP90 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. ACCOUNT NUMBER 03838 'ACCOUNT NUMBER CROSS-REFERENCE NUMBER 0000000000000000 IACCOUNT OPEN DATE ANNUAL PERCENTAGE RATE ATTORNEY ADDRESS !ATTORNEY CITY ATTORNEY LAW FIRM !ATTORNEY NAME [7/17/2011 12:00:00 AM 0 (ATTORNEY PHONE ATTORNEY STATE !ATTORNEY ZIP CODE AUTHORIZED USER NAME FIRST !AUTHORIZED USER NAME LAST AUTHORIZED USER NAME MIDDLE AUTHORIZED USER SOCIAL SECURITY NUMBER / TAX ID t"""- !BANKRUPTCY341 DATE `BANKRUPTCY 341 LOCATION 1BANKRU PTCY 341 TIME BANKRUPTCY ASSET INDICATOR 1BAN KRU PTCY CASE NUMBER U3ANKRU PTCY CHAPTER BANKRUPTCY DEADLINE FILE DATE / BAR DATE !BANKRUPTCY DISCHARGE DATE 'BANKRUPTCY FILE AMOUNT 1BAN KRU PTCY FILE DATE !BANKRUPTCY INDICATOR !BANKRUPTCY PROOF OF CLAIM DATE IBANKRUPTCYTRUSTEE • 'BANKRUPTCY TRUSTEE ADDRESS M4 *WIAW eV/NYMAN, ;BANKRUPTCY TRUSTEE CITY FBANKRUPTCYTRUSTEE PHONE lBAN KRUPTCYTRUSTEE STATEN»::,v:m.::.x:..,»,,..:».M»,».�.,»:.:�..,v,:.»»»w:... A !BANKRUPTCY TRUSTEE ZIP !BRANCH LAST NETWORK !BRANCH NAME .BRANCH PHONE NUMBER ............ . :CACS CONVERTED ACCOUNT INFORMATION ;CACS FUNCTION ;CACS LOCATION [CACS LOCATION NAME !CACS SECURITY CODE ACS STATE mmM CHARGE CARD INDICATOR IRGE OFF AMOU NT M `NM» 1630.8500 CHARGE OFF DATE 5/15/2012 12:00:00 AM [O -BORROWER FIRST NAME CO -BORROWER LAST NAME CO -BORROWER MIDDLE NAME VAN, Vexe,14 veNe CO -BORROWER SOCIAL SECURITY NUMBER [CREDIT BUREAUFLAG - 1 CREDIT LIMIT i3600.0000 ECUt RRENT BALANCE 11630.8500 DATE OF LAST CHANGE --- !DEBTOR ALTERNATE CONTACT FIRST NAME qDEBTOR ALTERNATE CONTACT LAST NAME [ DEBTOR ALTERNATE CONTACT MIDDLE NAME DEBTOR ALTERNATE CONTACT PHONE 1 I 0000000000 !DEBTOR BIRTH DATE 1971 12:00:00 AM DEBTOR BUSINESS ADDRESS 1 tDEBTOR BUSINESS ADDRESS 2 DEBTOR BUSINESS CITY DEBTOR BUSINESS PHONE NUMBER DEBTOR BUSINESS STATE DEBTOR BUSINESS ZIP CODE DEBTOR NAME FIRST DEBTOR NAME LAST /DEBTOR NAME MIDDLE . . (DEBTOR RESIDENCE ADDRESS 1 DEBTOR RESIDENCE ADDRESS 2 ARTHUR E CLARK 220 RENO AVE DEBTOR RESIDENCE CITY INEW CUMBERLAND DEBTOR RESIDENCE COUNTRY DEBTOR RESIDENCE COUNTY DEBTOR RESIDENCE PHONE 3015 011116380 DEBTOR STATE IPA DEBTOR ZIP CODE 1170702047 DEBTOR SOCIAL SECURITY NUMBER FDR OWNERSHIP CODE / TRUST ID 00003201 FDR REFERENCE NUMBER HIGH BALANCE [HOST STATUS IIBS ACCOUNT CROSS-REFERENCE CODE OBS ACCOUNT TYPE 'IBS CRIS RELATIONSHIP COUNT IBS CRIS RELATIONSHIP KEY ,IBS HOST AGENCY CODE IBS OWNERSHIP CODE JOINT INDICATOR JUDGMENT DATE :JUDGMENT INDICATOR LAST CASH ADVANCE AMOUNT t (LAST CASH ADVANCE DATE :LAST CONTACT DATE LAST PAYMENT AMOUNT ILAST PAYMENT DATE !LAST PURCHASE AMOUNT LAST PURCHASE .DATE LOT NAME / SEGMENT NAME LOT NUMBER / SEGMENT !MERCHANT INFORMATION MERCHANT INFORMATION SPECIFIC ,MERCHANT NUMBER !ORIGINAL BALANCE ORIGINAL DELINQUENCY. DATE !POST CHARGE OFF FEES POST CHARGE OFF INTEREST [,, PRE CHARGE OFF INTEREST LPRE CHARGE OFF FEESwn. `PRODUCT IDENTIFICATION NAME !PRODUCT IDENTIFICATION NUMBER PROOF OF CLAIM AMOUNT / TOTAL PRINCIPAL !REFERRAL DATE w,..v..: 89.0000 19/21/2011 12:00 :00 AM 7/18/2011 12:00:00 AM 93515000 !RMS BUYERS CODE <PRAA • `RMS CHARGE OFF REASON CODE • IRMS LAST STATUS UPDATED 9/8/2012 12:00:00 AM FRMS LENDING LEVEL 1 . CPLR FRMS LENDING LEVEL 2 • >SPLR :RMS LOAN TYPE - ' }MAST 1RMS OFFICE CODE i ARMS OFFICER NAME FRMS OFFICER CODE FRMS OFFICER CODE DESCRIPTION RMS RECOVERER CODE .RMS REFERRAL AMOUNT 1RMS STATUS CODE SALE AMOUNT !SALE ID :STATUTE OF LIMITATION .. .SUM OF ALL PAYMENTS RECEIVED ;SUM OF ALL POST CHARGE OFF PAYMENTS €F130 €F131 ;SEARS PREMIER CARD 5009 :1630.8500 :091012PR1SP1EM Data printed by Portfolio Recovery Associates, LLC from electronic records provided by CITIBANK, N.A. pursuant to the sale of accounts from CITIBANK, N.A. to Portfolio Recovery Associates, LLC sears Sears Card° 6 Customer Service: searscard.com Account Inquiries: 1-800-917-7700 Account Statement Send Nice of Billing Errors and Customer Service Inquiries to: SEARS CREDIT CARDS PO Box 6283, Sioux Falls, SD 57117-6283 • Summary of Account Activity $3,600.00 Previous Balance $0.00 Payments -$0.00 Other Credits -$43.78 Purchases +$1,272.55 Cash Advances +$0.00 Fees Charged +$0.00 Interest Charged +$0.00 New Balance Past Due Amount $1,228.77 $0.00 Credit Limit $3,600.00 Available Credit $2,371.00 Amount Over Credit Limit $0.00 Statement Closing Date 08/14/2011 Next Statement Closing Date 09/13/2011 Days in Billing Cycle 29 TRANSACTIONS Payment information Payment Due Date New Balance $1,228.77 Past Due Amountt Minimum Payment Due $25.00 Amount Enclosed Payment Due Date September 10, 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. 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: SEPTEMBER 10, 2011 ; f;•y4- maktiPriA :. ;Char ..usi g'{F i ., :" ani. ec , gioritii: `oti'- a p..)?.. .:Ycni Will' , 4 ibif ilae r '(aiance�shown on this, ; tate i t'fn ... _ 1 outs. :,:'' • '. t :: e`.(# . in i�{ :'etgncu .tot of :6:., Only the minimum payment 8 years $2,635 $49 3 years $1,764 (Savings=$871) If you would like information about credit counseling services, call 1-877-337-8187. Trans Date Description 07/17 PORTABLE 07/17 PROTECTION AGREEMENT, KM WHT FRZR 07/17 SALE ADJUSTMENT RANGES, OVENS, AND DISHWASHERS Reference # P9351006749VDQLRS $ 608.17 P9351006749VDQLTK $ 530.83 P9351006749VDQLTQ $ 33.78 - Amount 07/17 PROTECTION AGREEMENT 07/17 THANK YOU FOR OPENING YOUR ACCOUNT! P9351006749VDQLRS F9351006749VJYAUT $ 133.55 $ 10.00 - Manage your account online. It's easy, secure and saves you time! Register now at: searscard.com • Access transaction details and available credit 24/7 • View, download and print current or past statements for the last 12 months • Pay your bill online 24/7 • Set up email alerts and more... 3458 SE 8 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued by Citibank, N.A. Sears Card® 'P Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. 4' Make Checks Payable to: SEARS CREDIT CARDS t Past Due Amount is included in the Minimum Payment Due. ::;Yo"(T„:;,040,, umber;, ; Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed 3>3$'::" SEPTEMBER 10, 2011 $1,228.77 $0.00 $25.00 $ 4rits, SAVE STAMPSTIME... AND TREES! Visit Account Online and register now for Online Bill Pay, Paperless Statements and More. 3838 ARTHUR E CLARK 220 RENO AVE NEW CUMBERLAND, PA 17070-2047 Print address changes above in blue or black ink. SEARS CREDIT CARDS PO BOX 183081 COLUMBUS, OH 43218-3081 Information About Your Account. How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. If you do not pay the New Balance in full by the payment due date, you will not get a grace period on purchases until you pay the New Balance in full for two billing cycles in a row. We will begin charging interest on cash advances and balance transfers (if available on your account) on the transaction date. If you have a balance subject to a deferred interest, promotion and that promotion does not expire before the payment due date, that balance (the. "excluded promotional balance") is excluded from the amount you must pay in full to get a grace period. However, you must still pay any separately required payment on the excluded promotion. In billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases so long as you pay the New Balance less any excluded promotional balances in full by the payment due date each billing cycle. In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. If either is the case, the promotional offer will describe what happens. How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method and how the resulting interest charges were determined, contact us at the Account Inquiries number on the front. Balance Transfers. Balance transfer amounts are included in the "Purchases" line in the Summary of Account Activity (if balance transfers are -available on your account). Transaction Date. The Transaction Date shown on the statement is also the Sale Date. Credit Reporting Disputes. If you think we reported inaccurate information to a credit bureau write us at the Customer Service address shown on the front. Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on the front. What To Do if You Think You Find a Mistake on Your Statement If you think there is an error on your statement, write to us at the Billing Errors address shown on the front. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Your Rights if 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 on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 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 account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the Billing Errors address shown on the front. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Important Payment Instructions. Crediting Payments. If we receive your payment in proper form at our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. A payment made in-store is not sent to the correct address. The correct address for courier or express mail is the Express Payments Address shown below. EM SMC/TGI/SCC/SCP/HIPS 08/11 T01206-9351-5000.0022-0 0 07/01/11-36--0--0-0.0-0-PREMREW-12/31/99-PDAB-December 31, 9999-N Proper Form. For a payment sent by mail or courier to be in proper form, you must: • Enclose a valid check or money order. No cash, gift cards, or foreign currency please. • Include your name and account number on the front of your check or money order. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Copy Fee. We charge $3 for each copy of a billing statement that dates back 3 months or more. We add the fee to the regular purchase balance. We waive the fee if your request for the copy relates to a billing error or disputed purchase. Payment Options Other Than Regular Mail. • Online Payments. Visit the web address on the front and sign up for online payments. Enrollment may take a few days. If we receive your request to make an online payment by 5 p.m. Eastern time, we will credit your payment as of that day. If we receive your request to make an online payment after that time, we will credit your payment as of the next day. For security reasons, you may be unable to pay your entire New Balance with your first online payment. Pay by Phone Service. You may use this service any time to make a payment by phone. You will be charged $14.95 if a representative of ours helps expedite your payment. Call by 5 p.m. Eastern time to have your payment credited as of that day. If you call after that time, your payment will be credited as of the next day. We may process your payment electronically after we verify your identity. Express Payments. You can send payment by courier or express mail to the Express Payments Address. This address is: Payments Department, 1500 Boltonfield Street, Columbus, OH 43228. Payment must be received in proper form at the proper address by 5 p.m. Eastern time to be credited as of that day. All payments received in proper form at the proper address after that time will be credited as of the next day. Page 2 of 4 Account: **** **** **** 3838 TRANSACTIONS (cont.) Trans Date Description FEES Reference # Amount TOTAL FEES FOR THIS PERIOD INTEREST CHARGED $ 0.00 TOTAL INTEREST FOR THIS PERIOD Total Fees Charged in 2011 $0.00 Total Interest Charged in 2011 $0.00 $ 0.00 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) Is the annual interest rate on your account. TypeY.. e.of<Bata �e.,....:..: :.,- ..... It ual eters t .e:Ra'te . ,:R •<:si� al�n�e5rl� eir�t��i-"t "`e�tR�� `°':;�::<�t'ritet'efi ek....e: _ ........_►t_..........:::�..t:.,,=,,:,.:.r�:.:�..w::..:....:._.-..:.._,..:.::1�_n_...�''._.....>?._a1....-..._.. (..)...:._,-� ---..........._.... )........_P er...........�y...-......._....._. �...>�`J_.. ,. PURCHASES REGULAR 25.24% (D)(V) $0.00 $0.00 (V). Variable Rate (D) = Daily REWARDS SUMMARY Previous Points Balance 0 Points Earned 0 Points Adjusted 0 Points Redeemed 0 Ending Points Balance 0 Forget something? You must activate your Sears Card before you use it. Your new Sears Card can be used at any Sears, Kmart store in the country and the Sears Holdings Corporation family of businesses. It is important that you activate your new Sears Card today by calling 1-800-589-7327 from your home phone. So activate now, and thank you for choosing the Sears Card! 143 Account: **** **** **** 3838 Your New Statement: Clear. Concise. Easy to read. Clear. Statements are written in everyday language that you'll be able to read and understand. They show you how much you've spent, how much you owe, when you owe it and how long it will take you to pay it off. Concise. The information is "bucketed" into sections that make it easy to find what you're looking for and is written in normal, everyday language. Easy to read. The words themselves are in a large and easy -to -read typeface. Transactions Dearly see the activity that occurred to create your monthly balance: purchases, payments and credits, fees and interest for the billing cycle - Promotions Section Customer -friendly summary with promotions listed in order of expiration ,C000 •••• *••a 9999 I1t;,•••• FaNsacitt1liSteoM.) nrt+DPU Da9ar1plf9h :. 110. brU1;FREE.".:9��RC•P' piic6�_:yssAFt1 dAVOR'::: %1 �4M'tL<CAYER st,Y,DU::':PA'tAEt<f'. MANII<iv., ... Summary of Account Activity Monthly account activity -payments, credits, fees, and interest charged Account Number/Contact Information Payment Information Your balance, minimum payment and due date Payment Calculator An estimated time it will take to pay off your balance when making the minimum payment and how much you should pay each month to pay off your balance in 36 months FEES _ MMNO—_L5tS FEE .:.. wrap seTVNVCHICK FEl' NMI) MINIMUM CttARGE E9EtE0O 70Th!. FEES FOP INTERES`-CH00___ tRGl ON 7�RCtiAS`e$';,,, L fDD 1H1 'REST CH l ON CASH ADVANCES VISOR IV':ENEST etVsi'<' 1SH ADVA TOTAL INTEREST FOR 1N rlS Customer Service: iSears Card' NI Account Inquiries: .... 1.a00.999.9999 Summay of Account Activity Previws Belavice 99.999.999.99 :has men s. .: ..:.:'.::: :.'::.:''i' -59,999,999.99 Other'Cr'es$ts P�: �. t: :::' .'..t1::-....... ..99,9991999.99... . dreFiases 4 ,209, 999.94 Cash Adv_ences_.; . +: .: [: ....5-1.0 999.99 ... Fees Cha(gep_ I' .:o ': ,; -... •49,999;999.99 Interest Charged ._.... .. x$!};9138,999.99 New Balance .,';, 59,999:999.99 Past Due Amount ..... . _ F'.:'': :S3,095-,499.99 Credit Limit 59999.99999 '- , Available Credit 49;599,996:3B1 r Cash AdvanceUrrlil ..................:':`j : ... _..•59;999y999.99 :.H: Available Cash Limit ............. ................ ...._.: .P.PR9 �9:W.:i.:. AnwuM Over Gediz Limit .....................,:,-$ 999,999.93' !_ Statementgosin9 Date .. _ e ..... ....... Ya_ ...._._...... NIM/DD/i`Y_:::. Next Statement Closing DatMM/DDLfYYrf Days in Billing Cyde TRANSACTIONS Account StatemE of Unseatse d=Ins Enemata Gsin,Seslor *Me POB attriXory ST '"O .-.00 an PO eat•:•i?9 Jrt'oT :?aea5-:^.?99 Aticonirit'i11umlier, 9999'9999' 9999 1991 P1.001ct1.*** _9_995P99999999 09! Payment Information • I New Balance -$9,999,999.99 foknimum Payment Due -59.999.999.99 Payment Due Dale Month DD, YYYY Late Payment Warning: It we do not receive your minimal) payment by the date listed above. you may have to pay a late tee up to $35. Minimum Payment Warning: It you make navy the mnamun paymnr each period, you wit pay more in interest and it +ill take you longer to pay off your batanee. ho' example: #h,,11TRIumike'rroclddlLatal trgtaes4ddeaderd NI/Lr9±LtiailriYrrnvrhltfay . y tvilNayi9 Pae Thal ,strafe. pr grin %ettoemlh,etinul. '• Andywvrik : ..iiddaypavngen', AM.r?hhMtetelel,: Only Oat! i"rrfilieUtepayment 10 yeer> $999.999.999 *988. `:. 3 vows sD!799:19.D9!1 ?Simms_5999.995 flyi(`s(ul1 its, iYnrnuli)r'obof.(ro(1,: 50/4/a ,xr c s ::Ar ova oat Dow w an Faye ycur p•(monral Galan se a' eaa 99is'i 'rt'i MM/DD/V7 f>:XYbiu-' oon,,e'MCT`.e:l ntt t rna•ges Trans Data Demcee Hon MLLn-, Inv.so d 1.10/0? .sears cut ... ....: :.:.::: 71r, itf:Tem"1"'''.. .. ... .. .�" 899.999.99 .... .. . . .._ Total Fees st Chem( in'N ... ..:: iota: !rimiest Glrargr in 'NY,/ P,Voy pI e}errwn uyinn of"nal hens Pro ia�losrl Trans Bala$ W '� .t s1y.;t •I )-; ^•(• _♦ PROMOTIONS R9ucs.NY FRAE1'9Ty11R[!S i -z 1NTERE$TCHARGE CALCNA VON PVRCHASGS .. . .. ._n.i. biP. ' . REGULAR ertl.n9t90e1'") ..e. .^. • .R ouLayLON OR 9EF.ORE MMDDI999.99':1, . .. .0ROM0710NAL9ALNIC.... .999.99 (m) (V.M . .PROMOTIONAL 9AL C2 •-.y9A99'1M).. .... • • • CA={ADVANCES... ..•.. ..... . . "89999" (M) . Peroered9's 1°n P: YO, Amue .. .. .,,ti .. $9.999;999.99 _. 99999.999.99 ..59.999.99999 ... .... $9.9999)9.99 ..... 99999.99999.... . .... 69 999,9999999 ..... i4,999.999. ..... " ... 99.999.999.99 .... . $9.999:999.99 ... $9.999.999.99 • 59.999.999.99 .. . '.. $9.999,999.99 ... ..... $9.999999.99 ..... Original Transaction-ArrioUnt Allows you to reference the original purchase amount New Promotion Balance Keep track of the amount of the original promotional purchase which remains unpaid Page 4 of 4 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 YORK COUNTY, PA CIVIL ACTION — LAW PORTFOLIO RECOVERY ASSOCIATES, LLC : 120 CORPORATE BLVD NORFOLK, VA 23502 V. MICHAEL FETROW, Plaintiff No. 2013 -SU -004057-86 c -CC a�, p ter— Defendant --r 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. A YIONOH1O id . O 331140 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 documents 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 "identi ", 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 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 January 1, 2011 until the last payment date of January 17, 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: $16,339.33 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 Plaintiff's 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 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 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 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 Plaintiff's 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: Respectfu ; 'miffed, By: Carrie A. Brown, Esquire #94055 Robert N. Polas Jr., Esquire #201259 Mark R. Garvey, Esquire #312686