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Home My WebLink About14-2651 Supreme Cou,r,tYof.Pennsylvania Cour/of C mir on Pleas f'rti For Prothonotary Use Only: TIMET STAMP overSe Ci*><1 Cet � Docket No: CUMB A Count C� ,u^ Y The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of leadin s or other papers as required by law or rules of court. s Commencement of Action: E ® Complaint ❑ Writ of Summons ❑Petition C ❑ Transfer from Another Jurisdiction ❑Declaration of Taking ILead Plaintiffs Name: Lead Defendant's Name: j PORTFOLIO RECOVERY ASSOCIATES,LLC CLYDE MARTIN O { Are money damages requested? ® Yes ❑ No Dollar Amount Requested: X within arbitration limits N (Check one) —outside arbitration limits A Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No Name of Plaintiff/Appellant's Attorney: Robert N. Polas,Jr./Carrie Brown/Mark R. Garvey ❑ Check here if you have no attorney (are a Self-Represented [Pro Sel Litigant) I 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 S ❑ Product Liability(does not include E mass tort) ❑ Employment Dispute: ❑ Slander/Libel/Defamation Discrimination ❑ Zoning Board C ❑ Other: ❑ Employment Dispute: Other ❑ Other: T ---- --------- I ❑ Other: Q MASS TORT N ❑ Asbestos — — ❑ Tobacco ❑ Toxic Tort-DES REAL PROPERTY MISCELLANEOUS BC] Toxic ❑ Common Law/Statutory Arbitration ❑ Toxic Tort-Implant D' ❑ Toxic Waste ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations -- — ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto j ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: 15-61431 Robert N. Polas, Jr., Esquire PA Bar#201259 Carrie Brown, Esquire PA Bar#94055 Mark R. Garvey, Esquire PA Bar#312686 - f Portfolio Recovery Associates, LLC 120 Corporate Blvd HE Norfolk, VA 23502u1�Fr"rY TELE: 1-866-428-8102 CUt3 FAX: (757) 518-0860 E RL AN[; COUNT"( Attorneys for Plaintiff PENNS YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD R. NORFOLK,VA 23502 No. J I Plaintiff, V. CLYDE MARTIN 2348 RITNER HWY CARLISLE PA 17015 Defendant. NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action withing twenty(20) days after this Complaint and Notice are served,by entering a written appearance,personally or by an attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service CUMBERLAND County Bar Association Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)249-3166 15-61431 sa3q This communication is from a debt collector and is an attempt to colle t a debt. Any information obtained will be used for that purpose. Robert N. Polas,Jr., Esquire PA Bar#201259 Carrie Brown,Esquire PA Bar#94055 Mark R. Garvey,Esquire PA Bar#312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Demandante, No. V. CLYDE MARTIN 2348 RITNER HWY CARLISLE PA 17015 Demandado. NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas,usted tienen que tomar accion dentro veinte(20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o obejciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante.Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN ABOGADO,VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO.ESTA OFICINA PUEDE PROVEERE CON 1NFORMACION DE COMO CONSEGUIR UN ABOGADO. Sl 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 15-61431 Esta coanuni.cacion.es de tin cobrador de deudas y es un..intent do cobrar una deuda. Cualquier infromacion sera util_izada para ese proposito. Robert N. Polas, Jr., Esquire PA Bar#201259 Carrie Brown,Esquire PA Bar#94055 Mark R. Garvey, Esquire PA Bar# 312686 Portfolio Recovery Associates,LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION-LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff, No. V. CLYDE MARTIN 2348 RITNER HWY CARLISLE PA 17015 Defendant. COMPLAINT 1. Plaintiff,Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 120 Corporate Blvd,Norfolk,VA 23502. 2. Defendant, CLYDE MARTIN, is an adult individual with last known address of 2348 RITNER HWY, CARLISLE PA 17015. 3. It is averred that Defendant was indebted to GE CAPITAL RETAIL BANK/GENERAL ELECTRIC CAPITAL CORP/CARE CREDIT on February 6,2011 with account number ************9368 (hereafter referred to as "Account"). 4. By using the Account,Defendant agreed to repay any incurred balances and/or charges made to the Account pursuant to the terms and conditions governing said Account. Failure to pay Defendant's incurred charges on the Account is considered a default. 5. At all relevant times material hereto,Defendant has used said Account for the purchase of products, goods and/or for obtaining services. This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on August 6,2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest GE CAPITAL RETAIL BANK/ GENERAL ELECTRIC CAPITAL CORP/CARE CREDIT and Plaintiff is now the holder of the Account. 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 $6,440.24. 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, CLYDE MARTIN , in the nt of$6,440.2 ,plus sts of this action and any other relief as the Court deems just and real ab Carrie A. Brown, Esquire,#94055 Robert N. Polas, Jr., Esquire,#201259 Mark R. Garvey,Esquire,# 312686 Attorneys for Plaintiff 15-61431 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, Tamara Bond 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. MAR 2 7 2014 Date: By. Tamara Road Custodian of Records 15-61431 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. VF Ca itaf PRA Mar PSCC Fresh- cb 1U13: :. For value received and.in further:consideration.of the mutual covenants And conditions .set forth in the Forward,Flow Receivables Purchase Agreenient(the "Agreement"); dated. th as of this 13. . dayof'Decembgr :2012 by and:between General ,Electric :Capital.. Corporation;_GE Capital Retail Batik, GEMB Leridzrig Inc,, Monogram Credit Services, I..,L C, RFS: Holding, LLC, and..GE1. Haldirt L;L:C " " collectivel heir and Portfolio.Recovery.Associates; LLC.(..Buyee'}; Seller hereby:transfers,: sells, conveys;; `grants, and delivers to Buyer, its: successors. and assigns,:without.recourse estcept.as set forthin the Agreement, to the extent of its ownership,the Receivables as set forth, in the. Notification Files (as defined in the Agreement); delivered by Seller to Buyer on iViazch. 26.1013.and as further described in the Agreement: GE.0 ital Retail Bank. Mono am Credit Services,L.L.G; gr. Bye ,, ' Glenn Marino Gterui Marina Title: EVP Title: President ......... .... Date: . "7 ` " ' .� Date: � ---- ! . General El ital.:Co ration RFS'Haldin L,L,C P .. g, .. Glenn Marino Joseph'Ressa . Title: 'Vice President Title::CFO. Date:.. ."�. Date: :GEMB.;Lending, Inc. GEM Holding;L L C ley: BY Stephen Mona Joseph Ressa :. Title:Director : Title: CFO Date: Date: ! 1 j E C lto .. . .. PRA PSCC Fresh March 2013 . . For value:received and in flu Cher consideration of the mutual covenants and conditions set forth in the Forward Flow Receivables.Purchase Agreement(the."A ement"), dated as of this 13thday: of December,:.2012 :by and. between General Electric Capital Corporation, GE Capital Retail BaWc, GEMB Lending, Inc., Monogram Credit Services; L:L.C:, RFS Holding; L.L.C:; and C.EM 'Holding, L.L.C. (collectively: "Sellee and Portfolio Recovery Associates, LLC {"Buyer"); Seller hereby transfers, sells; conveys, grants, and delivers to Buyer; its successors.and assigns, without recourse except as set forth in.the.Agreement,to the extent of its ownership, the Receivables as set forth in the Notification:Files.{as defined in the Agrdement) delivered by,Seller to Buyer on March. 26; 2{113, and as further described in the.Agreement. CrE Capital Retail Bank Monogram Credit Services;L.L,C. . . By; B*• Glenn Marino . : Glenn Marino Title: EVP Title: President Date: _ Dater. General.Electric Capital.Corporation: :RFS.Holding,LL.*C By: Glenn Marino Joseph Ressa: Title .Vi President Title: CFO Dater Date: GEMB Lending,Inc: GEM Holding, LI.0 By: By: . .. ........ Stephen Mot Joseph Ressa Title: Director :Title: CFO Date: Date; . . . . . . . . . . . E Capt al. . . PRA PLCO Fresh March 2013 For value received and in further consideration ofthe mutual cavperiants and conditions set forth in the Forward'Elow..Receivables Purchase Agreemerit{the_"Agreement"),dated as of this 13`h day of. December; 2012 by and between Creneral Electric'.Capital. .. Corporation= GE Capital Retail:Bank; GEM$ Lending, Inc.;Monogram.Credit Services L.L.C. RFS Holding, L.L.C., and GEM Holding, L.L.C. (collectively °`Seiler ') and Portfolio Recovery Associates,.LLC .("Buyer"), Seller hereby transfers;:sells;c©nveys; grants, and, delivers to Buyer itssuccessors.and assigns with recourse except as.set forth in the Agreement, to the:extent of its ownership; the Receivables as set forth.in the Notification Files (as defined in the Agreement); delivered by Seller to Buyer on.March 262:2013, and as further described in the Agreement CIE CapitalAetail:Bank :Monogram Credit Services;L.L4C.. By: By; Glenn Marano Glenn Marino Title::EVP . Title:°President Date: Date: General Electric Capital Corporation RF lding, By By Glenn Marino Joseph R s Title:Vice President Title:CFU Date:. Date: L t'aEMB;Lending, Iric: GEM' olding,L:L.0 By: By: Stephen Motta . Joseph Rs Title:Director. Title- .CFO Date t SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson 1= ILEO-OF1= ICF Sheriff 'UF THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor it OFFICE OF THE £h.SRIFF 20IMAY l 3 PM 3: OS CUMBERLAND COUNTY PENNSYLVANIA Portfolio Recovery Associates, LLC vs. Clyde Martin Case Number 2014-2651 SHERIFF'S RETURN OF SERVICE 05/02/2014 08:18 PM - Deputy Ryan Burgett, 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: Clyde Martin at 2348 Ritner Highway, Dickinson Township, Carlisle, PA 17015. RYAN BURGETT, DEP" SHERIFF COST: $34.78 SO ANSWERS, May 06, 2014 RONI V R ANDERSON, SHERIFF (c) County$uite Sherif,, Teleosen, Inc Clyde Martin 2348 Ritner Hwy. Carlisle, PA 17015 717-701-1264 Defendant X" f_ }' .. THE PROTF Ofl i A..{_ .T' 2O14MAY 20 PM f: 50 CUMBERLAND COUNTY PENNSYLVANIA 5/20/2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA Portfolio Recovery Associates,LLC 120 Corporate Blvd. Norfolk, VA 23502 Clyde Martin 2348 Ritner Hwy. Carlisle, PA 17015 Plaintiff, Defendant, CIVIL ACTION -LAW 1 Case# 14-2651 Answer In response to Plaintiffs complaint, Defendant responds as follows: 1. In response to paragraph one of complaint, Defendant specifically denies. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the matter. 2. In response to paragraph two of camplaint, Denfendant agrees 3. In response to paragraph three of complaint,the averment refers to an alleged account history wich is not attached. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the averement contained herien and leaves the Plaintiff to provide proof. 4. In response to paragraph four of complaint, the averment refers to use of alleged account, balances and/or charges and terms of conditions of alleged account. Terms and/or conditions and complete account history are not attached to complaint. Defendant is at this time without knowledge or information sufficient to to form a belief as to the truth of the allegation and therefore denies: 5. In reponse to paragraph five of complaint, Defendant at this time is without knowledge or information sufficient to form a belief as to the truth of the allegation and therefore denies. 6. In response to paragraph six of complaint, complaint references copies of statements that are not attached to complaint. Defendant at this time is without knowledge or sufficient information to form a belief as to the truth of the allegation and therefore denies. 7. In response to paragraph seven of complaint, Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation and therefore denies. 8. In response to paragraph eight of complaint, Defendant is at this time without knowledge or suffient information to form a belief as to the truth of the allegation and therefore denies. 2 9. In response to number nine of complaint, Defendant is at this time without knowledge of or sufficient information to form a belief as to the truth of the allegation and therefore denies. 10. In response to number 10 of complaint, Defendant is at this time without knowledge or sufficient information to form a belief as to the truth of the allegation and therefore denies. 11. In response to number eleven of complaint, Defendant is at this time without knowledge or sufficient information to form a belief as to the truth of the allegation and therefore denies. Affirmative Defense(s): 1. Failure to state a claim upon which relief can be granted. No statute was cited in claim. Plaintiffs claim demands monies for an alleged account for which no proof of said debt, nor proof of ownership of alleged debt, has been verified and exhibited. 2. Failure of consideration. No exchange of money or goods occured between the Plaintiff and the Defendant, therefore the Defendant cites Failure of Consideration. Defendant states no communication between Plaintiff and Defendant has ever occured prior to notice of being sued and complaint provides no such proof.(FDCPA) 3. Lack of Standing Portfoli Recovery Associates, LLC is not the original creditor of alleged account and has not provided proof of complete chain of custody of alleged account or clear ownership of alleged account. Exhibit A does not include any specified account number, account balance, Defendants name and purchase price of alleged account. Nor is the alleged purchase agreement included in its entirety. 3 4. Lack of Privity Defendant claims lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements ( meeting of the minds)with Plaintiff.Defendant states no communication between Plaintiff and Defendant has ever occured prior to notice of being sued and complaint provides no such proof.(FDCPA) 5. Doctrines of Scienti et volenti non fit iniuria. Plaintiff's complaint alleges damages are the result of acts or omissions commited by the Plaintiff. Defendant invokes the Doctrines of Scienti et volenti non fit injuria. Plaintiff admits to willingly and knowingly purchasing the defaulted/charged off debt allegedly owned by the Defendant which was deemed uncollectable by alleged original creditor. Causing damage and detriment to Plaintiff and therefore Plaintiff is barred from seeking relief from damages. 6. Accord and Satisfaction Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the alleged debt, or portion of the alleged debt, or that the original creditor recieved other compensation in the forms of monies and/or credits. 7. Violation of Fair Debt Collection Practices Act Defendant claims violation of Fair Debt Collection Practices Act § 809. Validation of debts TITLE VIII—DEBT COLLECTION PRACTICES (d) LEGAL PLEADINGS. --A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a) Defendant states no prior communication between Plaintiff and Defendant had taken place prior to the Plaintiffs complaint. WHEREFORE, Defendant respectfully requests this Honorable court to enter Judgment in favor of Defendant and against Plaintiff, Portfolio Recovery Associates,LLC and grant any other relief the Court deems just and proper. Defendant reserves the right to amend and/or add additional Answers,Defenses and/or Defendant 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 OP. 771EPROIHONOTARY PENNCUIVERLAND ANIA � Y ��A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION — LAW PORTFOLIO RECOVERY ASSOCIATES, LLC . 120 CORPORATE BLVD NORFOLK, VA 23502 v. MARTIN CLYDE 2348 RITNER HWY CARLISLE, PA 17015 Plaintiff Defendant . No. 14-2651 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 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 February 6, 2011 until the last payment date of August 6, 2012. Admitted l 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: $6,440.24 is the correct and accurate balance of the credit card account -in question at the time the accountwas 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. 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: Respe ully ' ubmitted, //// 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 v. MARTIN CLYDE 2348 RITNER HWY CARLISLE, PA 17015 Plaintiff No. 1.4-2651 CIVIL Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Request for Admissions upon Defendant, by Ft Class Mail, Postage Pre -Paid, a copy thereof on this day of MARTIN CLY 2348 RITNER CARLISLE, P B Carrie A. Brown, Esquire #94055 Robert N. Polas Jr., Esquire #201259 Mark R. Garvey, Esquire #312686 , 2014, to: apita PRA PSCC Fresh -. March 2013: For value received' :andin further consideration of the mutual covenants and conditions set forth in the:. Forward Flow Receivables Purchase Agreement (the "Agreement"), dated as : of this 13th day of December, .:2012 by. and : between . General Electric :Capital.. Corporation, GE Capital Retail Bank, GEMB Lending,'. Inc., Monogram Credit Services, L;L.0 , RFS Holding, L.L:C., and .'GEM Holding, L.L.C. (collectively "Seller'')`` and:: Portfolio ..Recovery. Associates, LLC ("Buyer"), Seller : hereby : transfers, sells, : conveys, grants, and delivers to Buyer, its successors' and assigns, without recourse except asset forthin the Agreement, to the extentof its ownership, the: Receivables as set forth in the Notification Files. (as defined in the Agreement), delivered by Seller to Buyer on March.:. 26, 2013,` and: as further described in the Agreement:: GE. Capital Retail Bank Monogram Credit Services, LLC • eun'Mariino :.........:..... By:. :. GleimMarino .....:.. Title:EVP `Title: President a .........•.....• ate: General: Electric:. Capital Corporation .: RFS Holding,: L.L. .' / :: B: Glenn Marino :.'Joseph kessa Title: Vice President ':.:...:.:<:.'.:. Title::.CFO' :'ate:. :GEMS.: Lending, Inc:.. '.::......... ' ...' GEM Holding, C . By:... Stephen Motta Joseph Ressa Title: Director ` :. . Title:' CFO Date:: ;.. :... :.Date: PRA PSCC Fresh March 2013 or. value :received and: in further consideration of.the" mutual covenants and conditions set. forth in the Forward::Flow Receivables. Purchase Agreement, (the."Agreement"),. dated as. of this 13° :.day:. of December, :.2012 :by and . between : General Electric . Capital Corporation; G.E. Capital Retail Bank, GEMB Lending,_ Inc., Monogram Credit Services; RFS Holding, L L.C:, and::GEM Holding, L.L.C. (collectively ":Seller"}: and Portfolio Recovery Associates, LLC ("Buyer"); Seller :hereby transfers, sells, conveys,: •:grants; and delivers to Buyer, its successorsand assigns,: without recourse except: as set forth in the .Agreement, to the extent of.its ownership, the Receivables as set forth in. the Notification: Files: (as defined in the Agreement), . delivered by Seller to Buyer on March, 26;:2013, and as further described in the.Agreenient. .• • GE Capital Retail Batik By: ;:By:. Glenn Marino .: : Glenn Marino Title: EVP Date:: Title: President .. ate:.. General. Electric Capital. Corporation .:RFS. Holding, L:L.C_ By: :Glenn Marino Joseph Ressa Title::: Vice President Title: CFO .. Date:: .... ... Date: GEMB Lending, Inc, By: . a. Stephen Mo Title::Director : Date:....��ti�'t GENT: Holding, L.L.0 By: Joseph Ressa ..: • : . Title: CFO .•. PRA PLCC Fresh March 2013..: For value received:. and :in further consideration of the mutual covenantsand: conditions.::::, set forth :in the Forward Flow:.Receivables Purchase Agreement (the"Agreement" ), dated as . of this .:13th .day: of.. December, 2012 by and: between, General : Electric :.Capital... Corporation, GE Capital Retail :Bank; GEMB Lending, Inc. Monograrn Credit Services, LLC. RPS:.Holding; L L:C., and GEM Holding, .:L::L C (collectively "Seller'.') : and portfolio:. Recovery :Associates,.LLC .("Buyer"), . Seller.:hereby :transfers, sells; <conveys;. grants,' and :delivers to:. Buyer its successors.arid assigns, without: recourse except as set forth:* .the: Agreement; to the :extent of its ownership, the Receivables as: set forth: in tho N'otificatiozi Files (as defined in the Agreement),.: delivered by :Seller to Buyer 'on. March 26,°2013, and as furtherdescribed in the Agreement. E Capital Retail Bank :Monogram Credit Services, y:• y; rlenn Marino Glenn Marino:.. Title:: EVP .:. Title: President ate ate• ' ... General :Electric. Capital Corporation. may: Glenn Marino ...... .:............................ eb.:Joseph R Title: Vice President .e: CFO GEMB ;Lending;.°Inc By:....:. Stephen Motta ,........... Title: Director ;.. Date; ate:.:. GEM`: olding, 13y:. I44L'/iv Joseph R Title CF Date,' . 46j FR833282333_CareCredit T&C PLCC PDF 1/11 GE MONEY BANK CREDIT CARD AGREEMENT Interest Rates and Interest Charges Annual Percentage Rate (APR) for Purchases and Balance Transfers 26,99% The daily rate for purchases is 07394%. APR for Cash Advances 29.99% The daily rate for cash advances is .08216%. Penalty APR and When it Applies 29.99% The daily penalty rate is .08216%. This APR may be applied to your Account if you make a late payment. How Long Will the Penalty APR Apply? If your APRs are increased for this reason, the Penalty APR will apply until you make six consecutive minimum payments when due. Paying Interest Your due date is at least 23 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date. Minimum Interest Charge If you are charged interest, the charge will be no less than $2. Fees Transaction Fees • Balance Transfer • Cash Advance Either $5 or 4% of the amount of each transfer, whichever is greater. Either $5 or 4% of the amount of each cash advance, whichever is greater. Penalty Fees • Late Payment • Returned Payment Up to $35 Up to $35 How We Will Calculate Your Balance: We use a method called "daily balance". During billing cycles in which interest is charged, for each balance type on your account we figure the interest charge on your account by applying the periodic rate to the "daily balance" of your account for each day in the billing cycle. A separate daily balance will be calculated for the following balance types, as applicable: purchases, balance transfers, cash advances and other balances that are subject to different interest rates, plans or special promotions. • First, we determine the "daily balance". To determine the daily balance, we take the beginning balance each day, add any new charges and fees posted that day, and subtract any payments and credits posted that day. This gives us the daily balance. • Second, we calculate the amount of interest charged. To do this, we multiply the applicable daily rate by each daily balance on your account. • Third, we add the interest amount to the daily balance, and the sum will become the beginning balance for the following day. Your interest charge for the billing cycle is the sum of the interest amounts that were charged each day during the billing cycle for each balance type. 184-019-00 Rev. 11/15/2010 M-97854 GE MONEY BANK CREDIT CARD AGREEMENT 1. CONTRACT. This Agreement ("Agreement") is a contract for the extension of credit. It controls your credit card account referenced on the document received with your credit card or on your welcome letter. This Agreement includes this document and the following documents: • The application or any other document you submitted to us in connection with the account; and • The privacy policy that is enclosed with or attached to this document. By opening or using your account, you agree to the terms of this Agreement. This Agreement starts when (i) you give us an account application we approve or (ii) you use your account or let someone else use it, whichever occurs first. 2. PARTIES. The parties to this Agreement are you and GE Money Bank. GE Money Bank is located at 170 West Election Road, Suite 125, Draper, Utah 84020. GE Money Bank sometimes is called "us," "we" or "our" in this Agreement. 3. PROMISE TO PAY. You promise to pay us for all credit that we extend on your account, including credit extended when you let another person use your account. You also promise to pay us for all other amounts owed to us under this Agreement. 4. CHANGING TERMS. Subject to the requirements and limitations of applicable law, we may change, add to or delete any of the terms of this Agreement, including the interest rates, fees and charges. 5. GOVERNING LAW. Except as provided in the Dispute and Claim Resolution (Including Arbitration) provision, this Agreement and your account are governed by federal law and, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us in Utah. 6. CREDIT CARD. We have issued or will send you a credit card for your use. You are not permitted to allow anyone else to use your credit card, but if you do, you will be responsible for such use. You will destroy all the credit card(s) issued on your account if we ask you to do so. 7. AUTHORIZED USER/JOINT ACCOUNT. If you ask us to send a credit card to another person that you want to let use your account, you will be responsible for all transactions made by that person. That person will be considered an authorized user. If another person is approved on the account, that person will be considered a joint accountholder. Each joint accountholder may use the account and agrees to the terms of this Agreement. No matter which joint accountholder uses the account, each of you must pay back the full amount owed on the account. We may treat each of you as one accountholder. For example, giving notice to one of you is considered the same as giving notice to both of you. Also, we may follow the instructions that we get from one of you even if they differ from instructions given by the other accountholder. 8. USING YOUR ACCOUNT. You may use your account only as stated in this Agreement. You may use your account for the following: • Purchases. You may buy goods or services; • Cash Advances. If applicable, you may get cash advances by writing convenience checks we may provide to you from time to time or by other means we may make available. We may not honor a convenience check (i) if you filed for bankruptcy, (ii) if the check is expired, (iii) if your account is closed, (iv) if the amount of the check would exceed your available credit or cash advance limit, or (v) as otherwise stated on your convenience check; and • Balance Transfers. If applicable, from time to time, we may offer you the chance to transfer balances from your other credit card accounts to this account. Unless we tell you otherwise, we will treat balance transfers as purchases. We reserve the right to decline to process any balance transfer request for any reason, and will not transfer a balance from any of our affiliates. Transfers will be processed in the order determined by us. If the amount you wish to transfer is greater than your available credit limit, we may reject the request(s). It may take up to four weeks for a balance transfer request to be credited to your other credit card account(s). It is your responsibility to make any payments required to keep your other account(s) current and to close your other account(s), if you desire. We are not responsible for any charges you may incur on your other account(s) as a result of your balance transfer(s). If you have a dispute with a creditor, and pay the balance in question by transferring it to your account, you may lose certain dispute rights. You may use your account only for lawful personal, family or household purposes. You may not use your account for internet gambling or illegal purposes. You may not use your account to pay amounts you owe us on this account or on other accounts you have with us. These restrictions are for our benefit, and we are not responsible to you for enforcing them. 9. CREDIT AND CASH ADVANCE LIMITS. A. Assigning Limits. We will assign the following limit(s) on your account, as applicable. We may increase or decrease either or both of these limits at any time. Credit Limit — This is the highest amount of total credit we will extend to you on your account. Cash Advance Limit — This is the highest amount of credit we will extend to you for cash advances made on your account, if applicable. Cash transactions will also count towards your credit limit. B. Exceeding Limits. We may refuse to authorize you to use your account if that use (including any fees associated with that use) will cause the total you will owe on your account to be more than your credit limit. If applicable, you may not get a cash advance if that cash advance (including interest and cash advance fees) will cause the total you will owe for cash advances on your account to be more than your cash advance limit. If we approve a transaction that causes the total you will owe on your account to be more than your credit limit or, if applicable, the total you will owe for cash advances on your account to be more than your cash advance limit, we do not give up any of our rights under this Agreement and we do not treat it as an increase in your credit limit or, if applicable, cash advance limit. C. Limiting Transactions. We reserve the right to not approve transactions on your account. To prevent fraud, we may also limit the number or dollar amount of transactions you can make in a particular amount of time. 10. INTEREST. This section explains (i) the interest rates that will apply to your account, (ii) when interest will be charged on your account, and (iii) how the amount of interest is calculated. A. Rates. The following rates apply to purchases and, if applicable, cash advances. A higher rate, which we call a "Penalty APR" may apply at certain times as described below. The Annual Percentage Rates (APRs) applicable to your account are shown in the table above and will also be shown on your billing statement. We calculate interest on the balance of your account each day. We use a daily rate to calculate the interest each day. The daily rate is equal to the APR divided by 365. 1. Purchase Rate. The daily rate for purchases is .07394% (APR 26.99%) unless and until the penalty rate applies. 2. Cash Advance Rate. The daily rate for cash advances is .08216% (APR 29.99%) unless and until the penalty rate applies. 3. Penalty Rate. The penalty rate may apply if you do not make your total minimum payment by the payment due date and will continue to apply as provided in this section. As required by law, we will provide you with advance notice if we are going to apply the penalty rate to your account and we will tell you when the penalty rate will apply. a. What is the Penalty Rate? The daily penalty rate will be .08216% (APR 29.99%). b. How Long Will the Penalty Rate Apply? If you are not more than 60 days late on a payment, the penalty rate will apply to transactions made on your account after a date specified in the advance notice. Once in effect, if you then make all required payments by the payment due date for six consecutive billing periods, your rate will return to the standard APR; otherwise, the penalty rate will apply indefinitely. If you are or become more than 60 days late on a payment, the penalty rate will apply to all balances and new transactions on your account not alreadysubject to the penalty rate as specified in the advance notice. Once in effect, if you then make six consecutive minimum payments by the payment due date, starting with your first payment due date after the date specified in the advance notice, your rate for any balances created on your account prior to or within 14 days after the date of the advance notice that are not already subject to (or scheduled under a prior notice to be subject to) the penalty rate will return to the standard APR. If you do not make these six consecutive minimum payments, we may apply the penalty rate to all balances on your account indefinitely. B. When We Charge Interest. 1. Purchases. We charge interest on your purchases from the date you make the purchase until you pay the purchase in full, except as set forth below: • We will not charge you interest during a billing cycle on any purchases if (i) you had no balance at the beginning of the billing cycle or (ii) you had such a balance, you paid that balance in full by the due date in that billing cycle. • We will credit, as of the beginning of the billing cycle, any payment you make by the due date that we allocate to purchases if (i) you had no balance at the beginning of the previous billing cycle, or (ii) if you had such a balance, you paid that balance in full by the due date in the previous billing cycle. 2. Balance Transfers and Cash Advances. If applicable, we charge interest on your balance transfers and cash advances (and their related fees) from the date you make the transaction until you pay them in full. You cannot avoid paying interest on balance transfers or cash advances or on their fees. C. How We Calculate Interest. During billing cycles in which interest is charged, for each balance type on your account we figure the interest charge on your account by applying the periodic rate to the "daily balance" of your account for each day in the billing cycle. A separate daily balance will be calculated for the following balance types, as applicable: purchases, balance transfers, cash advances and other balances that are subject to different interest rates, plans or special promotions. • First, we determine the "daily balance". To determine the daily balance, we take the beginning balance each day, add any new charges and fees posted that day, and subtract any payments and credits posted that day. This gives us the daily balance. • Second, we calculate the amount of interest charged. To do this, we multiply the applicable daily rate by each daily balance on your account. • Third, we add the interest amount to the daily balance, and the sum will become the beginning balance for the following day. Your interest charge for the billing cycle is the sum of the interest amounts that were charged each day during the billing cycle for each balance type. We charge a minimum of $2 of interest in any billing cycle in which you owe interest. 11. FEES. We may charge some or all of the following fees. The table at the beginning of this Agreement shows the amount of each of the transaction and penalty fees. A. Transaction Fees. 1. A Balance Transfer Fee for each balance transfer you make. 2. A Cash Advance Fee for each cash advance you get. B. Penalty Fees. 1. A Late Payment Fee if we do not receive at least the total minimum payment due on your account by 5:00 p.m. (ET) on the due date shown on your statement. The amount of the late payment fee will be equal to: (1) $25 if you have paid at least your total minimum payment due by the payment due date in each of the prior six billing cycles or (2) $35 if you have failed to pay at least the total minimum payment due by the payment due date in any one or more of the prior six billing cycles. However, if the late payment fee would exceed the total minimum payment for which the late payment fee is assessed, the amount of the late payment fee will instead be equal to the amount of the total minimum payment that was due. 2. A Returned Payment Fee if any check or other instrument sent to us, or any electronic payment authorization you provide us in payment on your account, is not honored upon first presentment, even if the check, instrument or electronic authorization is later honored. The amount of the returned payment fee will be equal to: (1) $25 if your payments have been honored upon first presentment in each of the prior six billing cycles or (2) $35 if any payment has been dishonored upon first presentment in any one or more of the prior six billing cycles. However, if the returned payment fee would exceed the total minimum payment for the cycle in which the payment was dishonored upon first presentment, the amount of the returned payment fee will instead be equal to the amount of the total minimum payment that was due. C. Other Fees. 1. A Returned Convenience Check Fee of up to $35 if we do not honor a convenience check because (i) it will cause you to go over your cash advance limit, (ii) • you filed a petition in bankruptcy, (iii) the check is expired, or (iv) your account is closed. The amount of the returned convenience check fee will be equal to: (1) $25 if your convenience checks have been honored in each of the prior six billing cycles or (2) $35 if any convenience check has been dishonored in any one or more of the prior six billing cycles. However, if the returned convenience check fee would exceed the amount of the dishonored convenience check, the amount of the returned convenience check fee will instead be equal to the amount of the dishonored convenience check. 2. A Stop Payment Fee of $39.99 if we stop payment on any convenience check at your request. 12. YOUR PAYMENTS. A. Required Payment and Crediting of Payment. Each billing cycle you must pay at least the total minimum payment by 5:00 pm (ET) on the payment due date. You may at any time pay more than the total minimum payment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. Any payments received after 5:00 pm (ET) will be credited as of the next day. We may delay making credit available on your account in the amount of your payment. B. Minimum Payment. Your total minimum payment will be calculated as shown below. We round up to the next highest whole dollar in figuring your total minimum payment. In addition, if your new balance on your billing statement is less than $25, then your total minimum payment will be equal to the new balance. Your minimum payment will be: 1. The sum of the following: (a) The greater of either: (i) $25; or (ii) 3.75% of the new balance shown on your billing statement (excluding any balance attributable to any special promotion that involves delayed or special payments); PLUS (b) Any past due amounts; PLUS (c) Any payment due in connection with a specific promotional purchase. 2. If you are charged a late payment fee during a billing cycle, for the next four months, we will make the following calculation each month as long as you make at least the initial minimum payment each month. We will calculate if the total of your payments is at least equal to the sum of the following: (A) the interest billed on your statement each month, plus (B) 1% of the new balance shown on your billing statement each month (excluding any balance attributable to any special promotion that involves delayed or special payments), plus (C) the late payment fee that was assessed in the billing cycle before the four month period. If for the four month period the sum of your payments is not at least equal to the sum of A, B and C, then your minimum payment for future billing cycles will be the greater of either: (a) (b) the minimum payment calculation shown in (1) above; or the sum of: (i) 1% of the new balance shown on your billing statement (excluding any balance attributable to any special promotion that involves delayed or special payments) plus interest and late payment fees charged to your account in the current billing cycle; PLUS (ii) Any past due amounts; PLUS (iii) Any payment due in connection with a specific promotional purchase. C. How to Make a Payment. To make a payment you must follow all the instructions below and the instructions on your billing statement. If you do not follow these instructions, credit of your payment to your account may be delayed up to five days. 1. Do the following: (a) make your payment in United States dollars by check, money order, or similar instrument from a bank located in the U.S; (b) send the payment coupon from your billing statement with your payment; (c) send the payment and payment coupon in the envelope provided with your billing statement to the payment address listed on your billing statement; and (d) send only one payment and one payment coupon in each envelope. Alternatively you may make your payment online at the website address shown on your billing statement provided you make your payment in United States dollars from a bank located in the U.S. 2. Do not do the following: (a) staple, paper clip, tape or fold your payment or payment coupon; (b) include any other papers or items with your payment; (c) use a balance transfer or convenience check from your account to pay us; or (d) send us cash. D. Other Ways to Make a Payment. Certain participating stores or providers may take payments that you make to them as a convenience to you. We may not credit those payments to your account until we receive them. We may allow you to make payments over the phone as an accommodation to you, but we may charge you a fee to do so. E. Disputed Amounts. If you send us correspondence about a disputed amount, you must send it to the address for billing inquiries shown on your billing statement. You may not send it to the payment address shown on your billing statement. By "disputed amount," we mean a payment of less than the full balance on your account that is labeled as "payment in full" or similar language, or is given to us as full satisfaction of a disputed amount, or is given to us with other conditions or limitations. We may accept these types of payments without giving up any of our rights. F. Authorization. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. G. Payment Allocation. We reserve the right to select the method by which the required minimum payment is allocated to different balances on your account. Some or all of the required minimum payment on your account will be applied to lower APR balances before higher APR balances. The payment allocation method that we use may result in higher interest on your account or reduced savings attributable to any special promotions. Any payment you make in excess of the required minimum payment will be allocated to balances with higher APRs before balances with lower APRs, unless applicable law requires or permits otherwise (such as when your account has a certain type of special promotion). 13. SPECIAL PROMOTIONS. At times, we may offer you special promotions when you use your account for certain transactions. These special promotions will have some terms that are different from the terms in this Agreement. The provisions of this Agreement apply to any special promotion, unless otherwise provided under the terms of the special promotion. We may terminate your participation in any special promotion and/or apply the penalty rate to your account balances (including special promotion balances) if you become more than 60 days late on any payment due on your account. If this happens, each special promotion balance will no longer be subject to the terms of the special promotion and will instead be subject to the terms of this Agreement. A promotional charge may be charged as part of a special promotion. Please see any special promotion advertising (including in-store signs) or other disclosures provided to you for the full terms of any special promotion offered. 14. SECURITY INTEREST. You grant us a purchase money security interest in each item of merchandise purchased on your account to secure its unpaid purchase price until such merchandise is paid in full. Solely for the purpose of determining the extent of our purchase money security interest in each such item of merchandise, your payments will be allocated first to interest on the account, and then to pay off each purchase on the account in the order in which the purchase was made (if more than one item was purchased on the same day, your payments will be allocated to pay off the lowest priced item first). If you made a purchase pursuant to a credit promotion, the balance with respect to the promotional purchase may be shown on statements during the promotional period and may reflect a different payment allocation method. In no event will we assert a security interest in the promotional purchase for an amount greater than the lowest balance shown on a statement for that promotional purchase. We agree that no security interest is or will be retained or acquired under this agreement in any real property which is used or is expected to be used as your dwelling. Should we feel it necessary, you authorize us to sign and file financing statements regarding any vehicle purchased. For some individual purchases under your account, we may require you to maintain property/casualty insurance on the purchase as a condition of granting you credit. You will be informed of any property/casualty insurance requirement at the time you make the purchase. 15. UNAUTHORIZED USE. If you notice the loss or theft of your credit card or possible unauthorized use of your card, you should call us immediately at 1-866-396-8254. You will not be liable for any unauthorized use on your account. You agree that unauthorized use does not include use by a person to whom you have given your card or allowed use of your account. You will be responsible for all use by such a person. 16. YOUR CREDIT REPORTS AND ACCOUNT INFORMATION. A. Using and Sharing Your Information. When you applied for an account you gave us information about yourself. You also agreed that we could ask others for information about your creditworthiness and that we could ask consumer reporting agencies for your consumer report. We use this information in considering your application. We also use this information for any updates, renewals or extensions of credit on your account. We use this information to review and collect your account. We use this information to provide you with offers. We may give information about you or your account to consumer reporting agencies and other proper parties. This information may include your performance under this Agreement. B. Inaccurate Information. Tell us if you think we reported wrong information about you to a consumer reporting agency (also called a credit bureau). Write to us at P.O. Box 981439, El Paso, TX 79998-1439. In your written communication, tell us what information is wrong and why you think it is wrong. If you have a copy of the credit report that includes the wrong information, send a copy of it with your written communication. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. 17. USE OF INFORMATION ABOUT YOU AND YOUR ACCOUNT. We will give information about you and your account to dealers/merchants/retailers and participating professionals that accept this credit card (and their affiliates) and you consent to this. Dealers/merchants/retailers and participating professionals will use the information in connection with the credit card program and for things like creating and updating their records and offering you special benefits. We will use information about you and your account as set forth in the privacy policy that is attached to or enclosed with this document. 18. CHANGE OF ADDRESS/PHONE NUMBER. You agree to tell us right away if you change your address or phone number(s). We will contact you at the address in our records until we are able to update our records with your new address. 19. CONSENT TO COMMUNICATIONS. You consent to us contacting you using all channels of communication and for all purposes (including collection purposes), using all contact information you provide to us. You also consent to us and any other owner or servicer of your account contacting you about your account, including using text messages, any automatic telephone dialing system and/or an artificial or prerecorded voice when contacting you, even if you are charged for the call under your phone plan. You are responsible for any charges for contacting you that may be billed to you by your communications carriers. 20. TELEPHONE MONITORING. For quality control purposes, you permit us to listen to or record telephone calls between you and us. 21. CLOSING YOUR ACCOUNT. A. When You May Close Your Account. You may close your account at any time by writing or calling us and asking us to close your account. You must send this writing to the address shown on your billing statement or call us at the customer service number shown on your billing statement. We will close your account after we get your request. B. When We May Close Your Account. Subject to the requirements and limitations of applicable law, we may close your account at any time and for any reason. C. After You or We Close Your Account If you or we close your account, you must stop using it. You will still have to pay us the full amount you owe on your account. This Agreement controls your account until you pay it in full. 22. DEFAULT. Subject to the requirements and limitations of applicable law, you are in default if you: • Make a late payment; • Do not follow any other term of this Agreement; or • Become bankrupt or insolvent. If you default or upon your death, we may, subject to the requirements and limitations of applicable law: (i) make the full amount owing on your account due right away; (ii) bring a legal action to collect all amounts owed; and/or (iii) take any action allowed by law. We may also reduce your credit limit or close your account at anytime whether or not you are in default. 23. COLLECTION COSTS. If we ask an attorney to collect your account, we may charge you our collection costs. Collection costs may include court costs, reasonable attorneys' fees and fees for repossession, repair, storage and sale of any vehicle securing a purchase. We will charge these costs only if the attorney we ask to collect is not our salaried employee and the law allows us to do so. 24. DISPUTE AND CLAIM RESOLUTION (INCLUDING ARBITRATION) PROVISION. General/Requirement to Arbitrate. PLEASE READ THIS PROVISION CAREFULLY. UNLESS YOU SEND US THE REJECTION NOTICE DESCRIBED BELOW, THIS PROVISION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your account, including termination. Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or any additional cardholder, on the one hand; and us, our affiliates, agents and/or dealers/merchants/retailers or participating professionals, on the other hand, if the dispute or claim arises from or relates to your account. However, we will not require you to arbitrate: (1) any individual case in small claims court or your state's equivalent court, so long as it remains an individual case in that court; or (2) any claim by us that only involves our effort to collect money you owe us. However, if you respond to a collection lawsuit by claiming that we engaged in any wrongdoing, we may require you to arbitrate. YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY CARDHOLDER WHO IS NOT A JOINT OR ADDITIONAL CARDHOLDER WITH YOU ON YOUR ACCOUNT (AN "UNRELATED CARDHOLDER"), AND YOU AGREE THAT NO UNRELATED CARDHOLDER MAY BRING ANY CLAIMS AGAINST US ON YOUR BEHALF. CLAIMS BY YOU AND BY AN UNRELATED CARDHOLDER MAY NOT BE JOINED IN A SINGLE ARBITRATION. Only a court may decide whether any part of this paragraph is enforceable. If it is finally determined that this paragraph is not fully enforceable, only this sentence of the Provision will remain in force and the remainder of the Provision will be null and void, provided that the court's determination concerning the enforceability of this paragraph shall be subject to appeal. Starting an Arbitration. If you or we elect to arbitrate a claim, the electing party must notify the other party in writing. This notice can be given after the beginning of a lawsuit and can be given in papers filed in the lawsuit. Otherwise, your notice must be sent to GE Money Bank, Legal Operation, 950 Forrer Boulevard, Kettering, OH 45420, ATTN: ARBITRATION DEMAND and our notice must be sent to the most recent address for you in our files. The party seeking arbitration must select as the arbitration administrator either the American Arbitration Association (°AAA"), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If neither the AAA nor JAMS is able or willing to handle the dispute, then the parties will resolve their dispute in court. The arbitration administrator will appoint the arbitrator and tell the parties what to do next. The arbitrator must be a lawyer with at least ten years legal experience. In making decisions or awarding remedies, the arbitrator must apply the same law and legal principles that would apply in court, but may use different procedural rules. If the administrator's rules conflict with this Provision, this Provision will control. Arbitration Location and Fees. The arbitration will take place by phone or at a location reasonably convenient to you. Upon your request, we will normally pay all the fees the administrator or arbitrator charges, if we believe you are acting in good faith. We will always pay these arbitration costs, as well as your legal fees and costs, to the extent required under applicable law or in order for this Provision to be enforced. Governing Law. This Provision is governed by the Federal Arbitration Act (the "FAA"). Utah law shall apply to the extent state law is relevant under Section 2 of the FAA in determining the validity of this Provision. The arbitrator must follow: (1) the substantive law, consistent with the FAA, that would apply if the matter had been brought in court, (2) this Provision, and (3) the administrator's rules. The arbitrator's decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator's award. Rejecting this Provision. You may reject this Provision, in which case only a court may be used to resolve any dispute or claim. Rejection will not affect any other aspect of this Agreement. To reject, you must send us a notice within 60 days after you open your account or we first provide you with a right to reject this Provision. The notice must include your name, address, and account number and be mailed to GE Money Bank, P.O. Box 981429, El Paso, TX 79998-1429. This is the only way you can reject this Provision. 25. WAIVER. We may decide to give up any of our rights under this Agreement. This includes our right to impose the full amount of any charge. If we do, we do not give up any of our other rights under this Agreement. If we give up any of our rights in one situation, we do not give up the same right in another situation. Except as we may agree in a signed writing, we do not give up any rights if we (a) accept a late or partial payment, (b) accept a check or other payment marked "payment in full" or tendered with other conditions or limitations, (c) extend the due date of any payment due under this Agreement, and/or (d) release any collateral or person responsible for your obligations under this Agreement. 26. ASSIGNMENT. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account. This includes our rights to payments. We do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account. 27. SEVERABILITY. If any part of this Agreement is found to be void or unenforceable under applicable law, all other parts of this Agreement will still apply. 28. ENTIRE AGREEMENT. This Agreement, along with the other documents listed in section 1 above, are the entire Agreement between you and us relating to your account. These documents replace any other agreement relating to your account that you and we made earlier or at the same time. This Agreement may not be changed except as provided in this Agreement. Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To 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 shown on your statement under billing inquiries. 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. 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 shown on your statement under billing inquiries. 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. 184-019-00 Rev. 11/15/2010 M-97854 FR833282333_Ca reCred it T&C PLCC PDF STATE OF: COUNTY OF: Minnesota : SS Ramsey AFFIDAVIT OF SALE BEFORE ME, on the day and date set forth below, the undersigned Notary, being qualified and commissioned in and for the county and state aforesaid, personally came and appeared Antoinette Mitchell , who being duly sworn, did depose and say: Affiant is an Affidavit Documentation Specialist at Synchrony Bank, issuer of the relevant consumer transaction/credit card. I have reviewed the information below regarding the debt 9368 (the "Account") made by CLYDE MARTIN (the "Debtor") made payable to Synchrony Bank and subsequently sold to Portfolio Recovery Associates, LLC. The amount owed on the account on 3/26/2013, $6440.24 was sold to Portfolio Recovery Associates, LLC and is reflected in the system of Synchrony Bank. The following statement pertains if the debtor referenced above is a state of California resident: I certify under the penalty of perjury under the laws of the state of California that the foregoing is true and correct. Executed this 11th day of June, 2014 Antoi = e itchell Affidavit Documentation Specialist Sworn to and Subscribed before me this 1 l th day of June, 2014 KARL OSCAR DRENTl1 Notary Public State of Minnesota My Commission Expires January 31, 2015 Version: 1.0.2_A05_06_02_2014 - St Paul Nota Public My commission expires: d/%1 /7 J CARECREDIT/GECRB GE Capital Retail Bank Cardholder Name: CLYDE R MARTIN Account Number 9368 Statement Closine 3 illa!!e!!_!!;=.:v:::s!!5„{,!,:pews::::i:«,:«teagiE:::!!!:s:t,!_! !!s!:::oe!�_!a;! �etahrra!xa�',3+a�ltedr>§chu�jlE'sfiif � I 11.1.1_.1_ , ,_!._.._.=i! _ :::c«:=::—:�u:,•,«',«:::r!:!s!!,:r.!!nt�e!!;,!!r_,z!a•:e!!e�'r!a:,:««a«!:!!!!!!!!s!!e!,a;; ��t:a1)'�&f{9�il�llt6i�f:,� ::.:.«,_:. _f:...,_� .:,_.._ ,_.:«t..:. Previous Balance $6.405.24 New Balance • $0.00 + New Purchases $0.00 Total Minimum Payment Due $1,803.00 - Payments $0.00 Payment Due Date 02/20/2013 +/- Credits. Fees & Adjustments (net) $6,405.24- PAYMENT DUE BY 5 P.M. EASTERN ON THE DUE DATE.” +/- Interest Charge (net) $0.00 We may convert your payment into an electronic debit. See New Balance $0.00 reverse side. Credit Limit $6,000.00 Available Credit $0.00 Late Payment Warning: If we do not receive your Total Days in Billing Period 26 Minimum Payment Due by the Payment Due Date listed above, you may have to pay a late fee up to $35.00. Pay online for free at: gogecapital.com For GE Capital Retail Bank customer service or to report your card last or stolen, call 1-866-893.7864. Best times to call are Wednesday - Friday. - !n:_s:=:pp:e:::•::•-:.•.•_:: • :c:e :_::::_a- : 11, ,:::•arta«••• e: arta L!iii«••:a::n:::aa:3iiiiE:_r.:��-r.•a:a•:e: mull:- ^:: •re:::nn:::_.._:e:.: •«r.:c:nuun:e :ur •_.:�a ,a1}1:}I:.rz _uh,I,uu •lmuaofil:f;,1.13:a««u=11m:a««::«v«=.!c::a::«um:«aa::a,s«�-::haul:aa�,}„I::::rl.Hiu ! •-n!vwanr..::::,u:n:::u:::,,,.:`3:..., ,:,,.,n, ..._,�,�m,rm„!g;:= :«an:�, r..:,_m:+:!,x, - ... .... ... _ : f .... i i ' i.. t3 :: a -! . 3 ....I I 1 rJ: _ :n: :••• .:a• - • •:_.c::a ::• ^1111. �:..,a!i!i i5!i_ i.i Tran Date Past Date Reference Number De. cription Amount 02/18/2013 02/18/2013 F9072001H00999990 02/18/2013 02/18/2013 F90720011100999990 02/15/2013 02/15/2013 02/18/2013 02/18/2013 CHARGE OFF ACCOUNT -PRINCIPALS CHARGE OFF ACCOUNT 'FINANCE CHARGES* FEES LATE FEE TOTAL FEES FOR THIS PERIOD INTEREST CHARGED INTEREST CHARGE ON PURCHASES TOTAL INTEREST FOR THIS PERIOD PlhliiiIMI111 `11111€ gti kjilikkthEi ;� 4l "� E ES:I !!? �`!i Total Fees Charged in 2013 Total Interest Charged in 2013 Total Interest Paid in 2013 $70.00 $153.75 $0.00 $3,599.00 CR $2,841.24 CR $35.00 $35.00 $0.00 $0.00 .—_...__.........._........._..._..._:�rt�!ra�F!!:al.'9�.r: iiiiFTH. ala: _!!�:, �f :. � � . la€ilt, r. � • . -:: � :a::!,;:1,;:,,.,L+ Bak; .. .w._..,,,,,,,tan:!i«uanutalrxra::rtaAa,,n,�a>tn,.na;ia!;=n=.an:r.;==a,an-:a:,a�:w,an=lras=:;}In,l,a:rn;:a::a�:=aa.0:,a: :!;i-,isall'illiiitiP.,:p,:1!,4,!!:::11,11111,a:1111::::;:;},a:,�, - - - — - !_.,.:,,,.:,a: a�:,!,_ � !:� - ::.,.:,9;_,c.,a,:_j::::a, aa,a„�,:., - gr;::.::.ay.:y:«::a:.,::.�:a,_::_;:_,,4pl: va:f'�_:a=t lil,h,� �; 5 h,ni?i= _ ' iflia - l,iiiiiva.:.:�`Hfii�wa6i�7W' Type of Balance Expiration Date Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge Purchases NA 26.99% $0.00 $0.00 !.,_..-•a�,-!:..!,ar a:!a,p!:,p�tyt::�e:;.Ii!,,r.:a::,e:y;!!!„y!:yr:r:re_.!!p:h:!:!.:!i€ra8;!!:dLe=_!!@€€!;I;�:.;!I_!!IiF!;!.:rsi!z:!i!s �iI�P�IG�'�'�' huaa•.,,.___.�.,_,,,,iaac:e _u6;K1,,.,_t,l: a a r...,•-a;.l. r ,,...-•r,•r}ir .,.a,aal _,r}Lfci.:.�iS:!a1i}a1:ir .,.udaa-a-.:_ ,,..a.,,,.an, In order to protect your account privacy, we are unable to provide account information to anyone other than the cardholder(s) or an authorized party. If you wish to permit us to speak to an authorized party such as a spouse about your account, please send written authorization to the General Inquiries address. a NOTICE: See reverse side and additional pages (if any) for important information concerning your account. 5302 DFH 1 3 20 130218 Z XPAGE 1 of 1 9072 3000 XB37 01EJ5302 Pay aline at gogecapital.cam or enclose this coupon with your check. Please use blue or dads bk. — E CareCredif gi,m Pe ur: y) Payment Enclosed IIIIII..1. ■New address or a -mall? Payment due includes $ 0.00 past due. Please pay the past due amount PROMPTLY. Check the box at left and print changes on back MATDTTADATAFFFDATTDD711 t•II'FTDFDFFAFITI'AADADDDFADPFFADDAFTDAFAAP CLYDE R MARTIN 2348 RITNER HWY CARLISLE PA 17015.9316 Make Payment to: GE CAPITAL RETAIL BANK PO BOX 960061 ORLANDO. FL 32896-0061 t•tit•OFDFDTFDAFDFTFFADFFFADAAFADDTDAAFATDTFDATFTDDATTDAAAFFDTFFATA 9 368, Customer Service/Questions: For account information, please call the toll free number on the front of this statement. Unless your name is listed on this statement. your access to information on the account may be limited. You may also mail questions (but not payments( to: P.O. Box 965033, Orlando. FL 32896-5033. Please include your account number on any correspondence you send to us. Payments: Send payments to the address listed on the remittance coupon portion of this statement or pay online at www. gogecapital.com. Overnight Payments: Payments cannot be made in person, mail payments to GE Capital Retail Bank, 140 Wekiva Springs Road, Longwood, FL 32779. Notice: See below for your Billing Rights and other important information. Telephoning about billing errors will not preserve your rights under federal law. To preserve your rights, please write to our Billing Inquiries Address, P.O. Box 965035, Orlando, FL 32896-5035. Purchases, returns and payments made Just prior to billing date may not appear until next month's statement. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment and you will not receive your check back from your financial institution. You may choose not to have your payment collected electronically by sending your payment (with the remittance coupon), in your own envelope - not the enclosed remittance envelope, addressed to: PO Box 530960, Atlanta, GA 30353-0960 and not the payment address. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at GE Capital Retail Bank. P.O. Box 965035. Orlando, FL 32896-5035. 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 in an error on your bill, describe what you believe is wrong and why you be- lieve 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 callus, 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. Information About Payments: You may at any time pay, in whole or in part, the total unpaid balance without any additional charge for prepayment. Payments received after 5:00 PM (ET) on any day will be credited as of the next day. Credit to your account may be delayed up to five days if payment (alis not received at the payment address, Ib) is not made in U.S. dollars drawn on a U.S. financial institution located in the U.S., Id is not accompanied by the remittance coupon attached to your statement, (d) contains more than one payment or remittance coupon, le) is not received In the remittance envelope provided or If) Includes staples, paper clips, tape, a folded check or correspondence of any type. Conditional Payments: All written communications concerning disputed amounts, including any check or other payment Instrument that (i) indicates that the payment constitutes "payment in full" or is tendered as full satisfaction of a disputed amount, or Iii) is tendered with other conditions or limitations ("Disputed Payments"), must be mailed or delivered to us at P.O. Box 965035, Orlando, FL 32896-5035. Credits to Your Account: An amount shown in parenthesis is a credit or credit balance unless otherwise indicated. Credits will be applied to your previous balance immediately upon receipt. but will not satisfy any required payment that may be due. Credit Reports and Account Information: If you believe that we may have reported Inaccurate information about you to a consumer -reporting agency,please contact us at P.O. Box 965036, Orlando, FL 32896-5036. In doing so, please identify the inaccurate information and ell us why you believe it is incorrect. If you hove a copy of the credit report that includes the inac- curate Information, please include a copy of that report. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account maybe reflected in your credit report. How We Calculate Interest: We figure the interest charge on your account by applying the periodic rate to the "daily bal- ance" of your account for each day in the billing cycle. We then add the interest to the doily balance. To get the "daily bal- ance" we take the beginning balance of your account each day (which includes unpaid interest), add any new charges, and applicable fees, and subtract any payments or credits. This gives us the doily balance. Any daily balance of less than zero will be treated as zero. A separate doily balance will be calculated for each balance type on your account. The balence(s) shown in the Interest Charges section of this statement is the sum of the daily balances for each day in the billing cycle divided by the number of days in the billing cycle. Bankruptcy Notice: Ifou file bankruptcy you must send us notice, including account number and all information related to the proceeding to the following address: GE Capital Retail Bank, Attn: Bankruptcy Dept., P.O. Box 103106, Roswell, GA 30076. Your account is owned and serviced by GE Capital Retail Bank. Hearing Impaired: TOO users call 1-877-448-8512 Use of Information About You and Your Account: Our Privacy Policy describes our collection and disclosure of information about you and your Account. If you would like another copy of the Privacy Policy, please call us at the customer service tele- phone number indicated on the front of this statement. This is an attempt to collect a debt and any information obtained will be used for that purpose. O1EJ5302 - 12 - 03/05/12 By providing a telephone number on your account, you consent to GE Capital Retail Bank and any other owner or servicer of your account contacting you aboutyour account, including using any contact information or cell phone numbersyou provide, and you consent to the use of any automatic telephone dialing system and/or an artificial or rerecorded voice when contact- ing you, even if you are charged for the call under your phone plan. For changes of address or phone number, please check the box and print the changes below. Retail EN-O1EJ5302 Name ❑ Street Address City State Zip Code Home Phone It Business Phone # Cell # or other phone ft we can use to contact you Email Address Remember, you can update the above information as well as your e-mail address online at www.gogecopital.com ACCTNU M 'MKR_FN MKR_LN CMPNY NAME iMKR_TAXID MKR_AD1 MKR_AD2 MKR_AD3 MKRCITY •-MKR_ST MKR ZIP MKR HP MKR WP 1MKR_BARDATE 9368 CLYDE MARTIN 9802 2348 RITNER HWY CARLISLE PA 17015-9316 2393 MKR BKCHAP MKR CASENUM MKR DISCHDTE iMKR DISMSDTE 0 MKR BKMEETDTE 0 MKR BKCOURT 0 MKR_BKFILEDT 0 ECOA 1 OPENDATE 20110206 CHGOFF_DATE 20130218 RMSLASTPMT 20120806 LASTPMTAMT DOFD CHGOFFCODE 218 :20120823 IUNPY LOSSAMT 644a24 'CURBAL RMSFILENUM ACCTSTS STSDESC JDGDATE OFF_CODE OFF_DESC tBCLE ..„. iiECLE DESC 6440.24 69327581 SF5 Sales - Final - Primary Random Sale 0 CCI317 Care Credit Dental 181 Retail Bank BUYERCODE 1X53S INT_RATE i26.99 NET COSTS iNET_INTEREST 12841.24 NET PRINCIPAL ii3599 jpRINC_LOSS 13599 ASSOC_COSTS 10 ACCRD INT rLASTPURCHDT CMKR_FN ICMKR_LN [CMKR_TAXID CMKR_ADDR1 :CMKR_ADDR2 CMKR CITY :CMKR STATE CMKRZIP CM KR LIABLE WKR DOB 2841.24 20110217 19681. Data printed by Portfolio Recovery Associates, LLC from electronic records provided by GENERAL ELECTRIC CAPITAL CORP pursuant to the sale of accounts from GENERAL ELECTRIC CAPITAL CORP to Portfolio Recovery Associates, LLC FIN -OFFICE OF E PROTHONOTARY TH SEP -3 Mi ta: 50 Clyde Martin CUMBERLAND COUNT)' .PENNSYLVAKIA 09/02/2014 2348 Ritner Hwy. Carlisle, PA 17015 717-701-1264 - Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL ACTION -LAW Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 Plaintiff, Clyde Martin 2348 Ritner Hwy. Carlisle, PA 17015 Defendant, Case# 14-2651 Answer Defendants Objections and Responses to Document Requests,Admissions and Defendants Objections and Responses to Document Requests,Admissions and REQUEST FOR PRODUCTION OF DOCUMENTS 1: Answer: Defendant objects as the Plaintiff's request for Documents No.1 as it assumes there is an account being sued upon where no valid account has been identified as of yet by the Plaintiff or it's attorneys. It is burdensome to the extent it seeks documents or records that are not within the the current knowledge, possesion, custody or control of the Defendant, more readily or accessible to Plaintiff from Plaintiffs own files, from documents or information already in Plaintiff's possesion. The Defendant cannot provide what is requested. REQUEST FOR PRODUCTION OF DOCUMENTS 2: Answer: The Defendant cannot provide Request for Documents No. 2 because he does not have any exhibits. REQUEST FOR ADMISSIONS NO.1 Answer: Defendant states that after reasonable inquiry, valid information known or readily obtainable by him is insufficient to enable him to admit or deny this request. REQUESTS FOR ADMISSIONS NO, 2 Answer: Defendant objects as the Plaintiff's request for Admissions No.2 as it assumes there is an account being sued upon where no valid account has been 2 identified as of yet by the Plaintiff or it's attorneys and therefore denies. REQUESTS FOR ADMISSIONS NO. 3 Answer: Defendant objects as the Plaintiffs request for Admissions No.] as it assumes there is an account being sued upon where no valid account or monthy statement has been identified as of yet by the Plaintiff or it's attorneys and therefore denies. REQUESTS FOR ADMISSIONS NO. 4 Answer: Defendant states that after reasonable inquiry, valid information known or readily obtainable by him is insufficient to enable him to admit or deny this request. REQUESTS FOR ADMISSIONS NO. 5 Answer: Defendant states that after reasonable inquiry, valid information known or readily obtainable by him is insufficient to enable him to admit or deny this request. REQUESTS FOR ADMISSIONS NO. 6 Answer: Defendant states that after reasonable inquiry, valid information known Or readily obtainable by him is insufficient to enable him to admit or deny this request. REQUESTS FOR ADMISSIONS NO. 7 Answer: 3 Defendant states that after reasonable inquiry valid information known or readily obtainable by, him is insufficient to enable him to admit or deny this request. INTERROGATORY NO.1 Answer: Clyde Martin INTERROGATORY NO.2 Answer: Clyde Martin INTERROGATORY NO.3 ( a,b,c & d) Answer: Interrogatory No.3 is objected by the Defendant on the grounds it is overly broad, unduly burdensome, cumulative and/or duplicative to the extent it seeks information,documents or records that is not within the current knowledge,possession, custody or control of the Defendant. Additionally, the requests are premature as it seeking information given that the parties are in the midst of discovery and pertinent documents have not been produced by the Plaintiff. INTERROGATORY NO.4 (a,b & c) Answer: Interrogatory No.4 sections a, b and c is objected by the Defendant on the grounds it is overly broad, unduly burdensome, cumulative and/or duplicative to the extent it seeks infornmation,docunoentu or records that is not within the current knowledge, possession, custody or control of the Defendant. Additionally, the requests are premature as it seeking information given that the parties are in the midst of discovery and pertinent documents have not been produced by the Plaintiff. 4 |NTFRROGATORYN<].5 Answer: Interrogatory No.5 is objected bythe Defendantonthegnoundsit is overly broad, unduly burdensome, cumulative and/or duplicative to the extent it seeks information,documents or records that is not within the current knowledge, possession, Custody or control of the Defendant. Additionally, the requests are premature as it seeking information given that the parties are in the midst of discovery and pertinent documents have not been produced by the Plaintiff. INTERROGATORY NO.6 Answer: Defendant states that after reasonable inquiry, valid information known or readily obtainable by him is insufficient to enable him to admit or deny this request. INTERROGATORY NO.7 Answer: Interrogatory No.7 is objected by the Defendant on the grounds it is overly broad, unduly burdensome, cumulative and/or duplicative to the extent it seeks information,documents or records that is not within the current knowledge, possession, custody or control of the Defendant.Additionallytherequestsorepremature as it seeking information given that the parties are in the midst of discovery and pertinent documents have not been produced by the Plaintiff. INTERROGATORY NO.8 Answer: Interrogatory No.8 is objected by the Defendant on the grounds it is overly broad, unduly burdensome, cumulative and/or duplicative to the extent it seeks information,documents or records that is not within the current knowledge, possession, custody or control of the Defendant. Additionally, the requests are premature as it seeking information given that the parties are in the midst of discovery and pertinent documents have not been produced by the Plaintiff. INTERROGATORY NO.9 Answer: Defendant states that after reasonable inquiry, valid information known or readily obtainable by him is insufficient to enable him to admit or deny this request. INTERROGATORY NO.10 Answer: Interrogatory No.10 is objected by the Defendant on the grounds it is overly broad, unduly burdensome, cumulative and/or duplicative to the extent it seeks information,documents or records that is not within the current knowledge, possession, custody or control of the Defendant. INTERROGATORY NO.11 Answer: No. INTERROGATORY NO.12 Answer: Interrogatory No.12 is objected by the Defendant on the grounds that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Additionally, the request is premature as it requests the Defendant, prior to the completion of discovery to answer if the amount is correct or inaccurate. The Plaintiff should have records, documents and or a fully executed contract of the Amount Sued upon being correct from Plaintiffs own files. 6 Clyde Martin 2348 Ritner Hwy. Carlisle, PA 17015 717'701-1264 Defendant IN THE COURT OF COMMON PLEAS OF CUNBERLAN000UNTY,PA Portfolio Recovery Associates,LLC 120 Corporate Blvd. Norfolk, VA 23502 Clyde Martin 2348 Ritner Hwy. Carlisle, PA 17015 Plaintiff Defendant CIVIL ACTION -LAW Case# 14-2651 Certificate of Service The undersihereby certifies that,after having been received on the 44day uf 2 4. On this rd day of S~0-. a copy of the foregoing Defendants Answers to Production of Documents ,Admissions and Interrogatories was deposited in the United States Mail, postage paid, addressed to Plaintiff. Portfolio Recovery AsscociatesiL[ COMMONWEALTH OF PENNSYLVANIA . THOMAS ,W FOGELSONGER My Commission Expires-AOr 22, 2017 Potfolio Recovery Associates LLC, 120 Corporate Blvd. Norfolk, VA 23502 Plaintiff v. Clyde Martin 2348 Ritner Hwy.Apt#4 CaMisie,PA 17015 Defendant Case No.: 14-2651 Defendant Clyde Martin PRO SE NOTICE OF APPEARANCE The uenters an appearance in this action, and demands notice of all further proceedings. The Clerk of Court and the opposing party will be informed of any changes in address. C.) Any and all notices may be sent to: Service Address: Clyde Martin 2348 Ritner Hwy.,Apt#4 Carlisle, PA 17015. Dated this 08 day of Sept., 2014 DEFENDANT Clyde Martin 2348 Ritner Hwy. Apt#4 Carlisle,PA 17015 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. Clyde Martin 2348 Ritner Hwy. Carlisle, PA 17015 Defendant Certificate of Service Case# 14-2651 -77 -0 rltzJ rn cnr— _<> cp The undersigned hereby certifies that,on this a day of ,Yer/, _21 / a copy of the foregoing Pro Se Notice of Appearance was deposited in the United States Mail, postage paid, addressed to Plaintiff. Portfolio Recovery Asscociates,LLC 120 Corporate Blvd. Norfolk,VA 23502 Carrie A. Brown, Esquire 13.9Vertpl. Polas Jr, Esquire Mark R. Garvey, Esquire Gregory J. Babcock, Esquire Attorney ID # 94055/201259/312686/205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff FILE CP THE PROTHONQ TAR'," 20111iVOV I 0 10: 56 HO COUNTY PENYL VA, NI A 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. CLYDE MARTIN 2348 RITNER HWY CARLISLE PA 17015 No. 14-2651 CIVIL Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above -entitled case as discontinued without prejudice. 15-61431 *ully Submitted 1///// 1(obert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Gregory J. Babcock, Esquire PA Bar # 205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Carrie A. Brown, Esquire .Ro4ert N. Polas Jr, Esquire Mark R. Garvey, Esquire Gregory J. Babcock, Esquire Attorney ID # 94055/201259/312686/205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff V. CLYDE MARTIN 2348 RITNER HWY CARLISLE PA 17015 Defendant : No. 14-2651 CIVIL CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon CLYDE MARTIN, by First Class Mail, Postage Pre -Paid, a copy thereof on this day of 15-61431 , 2014, to: CLYDE MARTIN, 2348 R1TNE , CARLISLE PA 17 Obert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Gregory J. Babcock, Esquire PA Bar # 205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.