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HomeMy WebLinkAbout04-5927IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYVANIA ASSET ACCEPTANCE, LLC, assignee of PROVIDIAN BANK Plaintiff(s) -vs- RONALD G. LUYSTER Defendant(s) NO. 0`'f`' ?-? c IN CIVIL ACTION COMPLAINT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213 Telephone: 412-682-1466 Fax: 412-682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ASSET ACCEPTANCE, LLC, assignee NO. of PROVIDIAN BANK IN CIVIL ACTION Plaintiff(s) -vs- RONALD G. LAY Defendant(s) NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by 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, for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: 1-800-990-9108 2 COMPLAINT 1. Plaintiff is a corporation having offices at 2036 Miller Road, Warren, MI 48092 and as the assignee of Providian Bank, stands in its assignor's stead, and all are hereinafter referred to interchangeably as "Plaintiff'. 2. At a specific instance the Assignor sold, assigned and transferred to Plaintiff all of Assignor's right, title and interest in, and to the agreement between Assignor and Defendant. Assignor had the right to assign the agreement. A copy of the assignment is attached hereto as Exhibit "A". 3. All conditions precedent to Assignor's right to be paid under the terms of the contract have occurred. 4. Defendant is an individual whose address is 114 Green Lane Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 5. At a specific instance and request of the Defendant, the Defendant applied for and was granted a credit card by Plaintiff at the terms and conditions agreed upon by the parties, as is more specifically shown by the Application and Agreement, a true and correct copy of which is attached hereto, marked Exhibit "B" and made a part hereof. 6. The Plaintiff avers that the agreement between the parties was based upon a written agreement which the Defendant accepted by using credit card to make purchases and/or cash advances. 7. Thereafter, in breach of obligations under the Agreement, the Defendant failed to make payments as they became due. 8. Plaintiff avers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 9. Plaintiff avers that the balance due amounts to $3,866.49, as is more specifically shown by Plaintiffs Statement of Account, a true and correct copy of which is attached hereto, marked Exhibit "C" and made a part hereof. 10. Plaintiff avers that the interest has accrued at the rate of 10% per annum on the balance due from July 29, 2003. 11. Per the term of the agreement, the Defendant has agreed to pay to the Plaintiff as liquidated damages, the costs of collection, including all reasonable attorneys' fees incurred in the collection of monies owing, which Plaintiff avers will amount to 20% of the balance due. 12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due to Plaintiff or any part thereof. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $3,866.49, with appropriate additional interest from July 29, 2003, plus attorneys fees and costs. APPLE AND APPLE, P.C. By: orneys r laintiff(s) Bill of Sale Providian Bank, for value received and in accordance with the terms of the Purchase and Sale Agreement by and among Providian National Bank, Providian Bank ("Sealers") and Asset Acceptance. LLC ("Purchaser'), dated as. of January 28, 2003 (the "Agreement"),. does hereby sell, assign and transfer to Purchaser, its successors and assigns, all right; title and interest in and to the Accounts listed in the ?account Schedule attached (as may be amended in accordance with the Agreement) as Appendix A to the Agreement, without recourse and without representation or warranty of collectibility, or otherwise, except to the extent stated in the Agreement. Executed on ?/ZOO- PROVIDIAN BANK By,? Print Name 4?etc_ty?,,??trp? Title !}. P 7'17 7- y STATE OF MICHIGAN ) ss COUNTY OF MACOMB ) ASSET ACCEPTANCE LLC Plaintiff, ) vs ) AFFIDAVIT RONALD G LUYSTER ) Defendant, ) I, T. Tranchida being first duly sworn deposes and states: That I am the Outsourcing Supervisor of ASSET ACCEPTANCE LLC, a Limited Liability Company organized and existing under the laws of the State of Delaware and doing business at P.O. BOX 2036 WARREN, MI 48090. That there is justly due and owing on the account by the Defendant to the Plaintiff, the sum of money set out in the attached statement of account amounting to $3488.92 representing the principal and $377.57 representing accrued interest to date. That the said account originally with PROVIDIAN BANK / , account number 4479480200461067, has been purchased by ASSET ACCEPTANCE LLC, who now owns said account and has all rights connected therewith including the right to institute this action. That Plaintiff has received the business records kept in the ordinary course of business by the original creditor, which show and document the balance due and owing. That diligent inquiry to determine if the Defendant is in the military service of the United States of America, and have determined that Defendant is not in such military service and is therefore not entitled to the rights and privileges provided under the Soldiers and Sailors Civil Relief Act of 1940, as amended. Dated this uly, 2003. T. TRANCHIDA, OUTSOURCING SUPERVISOR Subscribed and sworn to before me, a Notary Public for the State of Michigan, the 28th of July, 2003 as certified by my hand as set forth immediately below. ?el Notary Public, State of Michigan Acting in Macomb County R. OLSON Commission Expires: August 14, 2007 i F - -VI?A® Membership Card LIMITED-TIME DEFER ona?d To get yaw $4E00 Instant wit, Sol Vcfood ? irrs, 7 O C L} ?aw ( mall by: Dece?+t+et 4,1997 Hcrc??nr , PA 19042 1735 1-711 pZ 1050SC cwvw 09AG9 FDNB Customer *: 050-0811-7630-2 Yea,, l wan : my spW,&k-1 VISA Clawle card! I hm reed she rorww"d d* ord. I wwwwww dw in ar i to have a Credit fro of more don $100,1 wW be rm**W ee aNe an incur eenalr? / son aft ? ?11f°r "ry o d e wi.. X711. q1t filer, net rs?Wr. yar aMw>t o OR Awr WN 1.arp. Mt a?.r >C wC? ? ? LI7 /Q??i1wn..Iw?. nt ? 67 r -o? b? ,.,.,r.,»e. t-71, 7 I S?'s-?7?b ?• ca• a?r••? a? C.,7 a A 3 r ? ? TM Y,w Fill out and mail this card with your $89 enrollment fee todayl Make your check or money order pw We to f Jur request cannot be processed i ,T1648T 1fpUR VISA CARD FASi'SR: Send a'CasFr i jr money order. Peraanal' tireckt we bert wil tedor to pnxars For Customer Service, to report lost or stolen Credit Cards, or if you have any questions, please call us toll-free: 1-800-356-0011 Providian National Bank MEMBER FDIC t)PROVIDIAN Financial 9100 R6101 ® 2000 Providian Financial Corporation F01.3086.6.0900 16 PROVIDIAN NATIONAL BANK VISA& AND MASTERCARD® ACCOUNT AGREEMENT ANNUAL PERCENTAGE RATE (APR) for purchases 23.99% and cash advances Cash Advance Fee 5"/u of the advance FINANCE CHARGE ($3 minimum) Annual Fee $39 Late Fee $29 Overhmit Fee $29 Returned Payment Fee $29 Your VISA or MasterCard credit account (the "Credit Card Account") allows you to make purchases by using your VISA or MasterCard card (the "Card") wherever it is honored, and to get cash advances from any participating financial institution. In this Agreement, "you" and "your" mean each person for whom we have opened a Credit Card Account. "We," "our," "ours," and "us" mean Providian National Bank or its assignee. Any use of this Credit Card Account constitutes acceptance of this Agreement. The Credit Card Account may be used only for personal, family, household, or charitable purposes, and not for any business or commercial purpose. You and we agree as follows: 1. Security Interest in Savings Account. If we require you to open and maintain a Savings Account, you grant us a security interest in the Savings Account to the full extent of the balance in that account (the "Pledged Balance"). The Pledged Balance funds will remain yours as long as your Credit Card Account is in good standing and you comply with this Agreement. The security interest will secure the payment of all your obligations under, and your compliance with, all of the provisions of this Agreement. In case of default, we may, without notice, apply all or any portion of your Pledged Balance against any outstanding balance due on your Credit Card Account. You will not be able to withdraw funds from the Pledged Balance unless we no longer require you to maintain a Savings Account or you close your Credit Card Account. Provided your Credit Card Account has been paid in full, you will be able to withdraw all remaining funds from the Pledged Balance twenty-five (25) days after you notify us in writing that you wish to close your Credit Card Account, you destroy your Card, and we have verified to our satisfaction that all funds you have sent us are valid. You will also have to pay any additional charges that are posted to your Credit Card Account after it has been closed. 2. Promise to Pay. You promise to pay us when due all amounts borrowed when you or someone else uses your Credit Card Account (even if the amount charged exceeds your permission), all other transactions and charges to your Credit Card Account, and collection costs we incur, including, but not limited to, reasonable attorney's fees and court costs. (If we sue you to collect the debt and you win the suit, we will pay your reasonable attorney's fees and court costs.) 3. Payments. We will send you a monthly statement showing your outstanding balance. You will pay us in U.S. dollars (checks must be payable at a U.S. office of the bank the check is drawn on) at least the payment due as shown on your statement by the payment due dare in accordance with payment instructions on your monthly statement. The payment due will be: 3% of the new balance shown on your statement, plus the amount of any past due payment, and may include the amount by which the new balance exceeds your credit .line, plus fees for certain optional services. However, the payment due will not be less than $15 (unless your new balance is less than $15, in which case the payment due will be the amount of the new balance). If your Credit Card Account is past due or above the credit line, we may require a higher minimum payment, but we will notify you before doing so. If your payment is more than the payment due, it will be treated as a single payment and none of it will be applied to future payments due. When we receive your payment check, we may, at our discretion, keep the check and present it electronically to the financial institution on which the check indrawn. If we do so, we will provide you with a copy of the-check at your request. If you send us money without specifying whether it is a deposit to your Savings Account or a payment on your Credit Card Account, we will determine, at our discretion, which Account(s) the money will be applied to. We may accept late or partial payments, or payments marked "paid in full" or marked with other restrictions, without losing our right to collect all amounts owing under this Agreement. 4. Finance Charges. Finance charges begin to accrue on a debit when it is included in -either the daily purchase balance ("Purchase Balance") or the daily cash advance balance ("Cash Advance Balance") and continue to accrue until that balance is reduced by a payment or credit. The Purchase and Cash Advance Balances are reduced by payments as of the date received, and by credits as of the date posted. Normally, any payment amount we receive that exceeds the finance charges and fees then due will first be used to pay the remaining Cash Advance Balance, and then, after the Cash Advance Balance has been paid in full, will be used to pay any remaining Purchase Balance. However, we may apply your payments differently without further notice. Purchases are included in your Purchase Balance as of the date made. Fees (except cash advance fees) are included in the Purchase Balance as of the date posted. However, fees will not be included in the Purchase Balance for the purpose of calculating finance charges for the billing cycle when fees are the only balance on the last day of the billing cycle. Cash advance fees are included in the Cash Advance Balance as of the date posted. Cash advances from other financial institutions and through Automated Teller Machines are included in your Cash'Advance Balance as of the date made. If we send you a cash advance check and you use it, it will be included in your Cash Advance Balance as of the date presented to us. Other debits are included in your Purchase or Cash Advance Balance as of the date posted. Finance charges are added to your Purchase and Cash Advance Balances each day and are then posted on the last day of the billing cycle. To figure the daily finance charge for purchases and the daily finance charge for cash advances, we start with your previous day's Purchase Balance and Cash Advance Balance, add all debits and subtract all credits for the current day to the applicable balance (as explained in the paragraph above), and multiply the net amount by the applicable daily periodic rate. The daily periodic rate for purchases and cash ad0ances is 0.0657% (corresponding to an ANNUAL PERCENTAGE RATE of 23.99%). The finance charge for purchases is then added to and included in that day's Purchase Balance and the finance charge for cash advances is then added to and included in that day's Cash Advance Balance. We treat a credit balance for any day as zero. We determine the total finance charges for the billing cycle by adding together the finance charge for purchases for each day within the billing cycle and the finance charge for cash advances for each day within the billing cycle. In calculating finance charges, an adjustment will be made for any transaction or payment that would have affected the finance charge calculation in a prior billing cycle had it been posted in that cycle. The applicable daily periodic rate for such a transaction will be the rate in effect for the current billing cycle rather than the rare in effect on the dace of the transaction. There is no period within which credit extended may be repaid without incurring a finance charge. To determine the average daily balance shown on your statement for purchases, add each day's Purchase Balance (including daily finance charge) in the billing cycle and divide by the number of days in the billing cycle. To determine the average daily balance shown on your statement for cash advances, add each day's Cash Advance Balance (including daily finance charge) in the billing cycle and divide by the number of days in the billing cycle. You can multiply each of these average dauh, balances by the number of days in the billing cycle and by he applicable daily periodic rate to obtain subtotals, and then add the two subtotals together to determine the total amount of your finance charges on balances for the billing cycle. If a cash advance transaction fee (see Fees, section 6) or credit line increase fee is charged, that amount is also a FINANCE CHARGE. 5. Changes. We may change any part of this Agreement or add or remove requirements, terms, or conditions after notice as required by law. If we change section 4, the new finance charge calculation will apply to your whole Credit Card Account balance from the effective date of the change, whether or not the balance includes items posted to your Credit Card Account before the change date and whether or not you continue to use the Credit Card Account. 6. Fees. We may charge your Credit Card Account $29 for. each billing cycle within which your Credit Card Account is delinquent (late fee); each billing cycle within which your balance exceeds your credit line (overlimit fee); and each payment item that is returned to us unpaid (for example, bounced checks). An annual fee of $39 will be charged to your Credit Card Account every 12 months. For a second Card issued on your Credit Card Account, an additional $20 annual fee will be charged for that Card. For cash advances, a transaction fee, which is a FINANCE CHARGE, will be charged that is the greater of $3 or 50f, of the cash advance amount. For Cards sent at your request through an express service, we may charge $22, which is a FINANCE CHARGE. For each Card you ask us to replace, we may charge $18. For copies of back statements that were first sent to you more than three months earlier, we may charge $3 for each copy. You may use our PaySmarr- service to make a single payment by phone from your personal checking account to your Credit Card Account free of charge, as a courtesy, once during every calendar year. After that, we may charge your Credit Card Account a fee of $4.95 for each additional use of the service during that year. This fee is a FINANCE CHARGE and will apply even if the payment is returned for non-sufficient funds. Your Credit Card Account will be reviewed regularly for unsecured credit line increases. If we offer you a credit line increase, we will tell you if there is a fee. The maximum amount of this fee was disclosed to you when you applied for your Credit Card Account and will in no case exceed $99. A credit line increase fee is a FINANCE CHARGE. (In addition, you may have paid a one-time processing `ee in order to open the Credit Card Account. If so, this fee was a FINANCE CHARGE and the amount was disclosed in the Credit Card Terms we sent you in your solicitation. If you used the Build-A-Savings-Account Plan, you also paid a service fee that was disclosed separately.) 7. Credit Line. Your initial credit line is disclosed on the cardmailer that comes with your Card. We may increase or lower your credit line at any time based on information we obtain from you or your credit records, or based on your use of the Credit Card Account. For example, if your use of the Credit Card Account indicates you are having financial difficulties or may not repay us, we may lower your credit line. On the other hand, if you use your Credit Card Account responsibly and maintain a good credit record, we may increase your credit line. Your current credit line is disclosed in your statement each month. Your monthly statement will also show, as of the statement date, your available credit. On any day, your available credit for purchases is normally the difference between your credit line and your Credit Card Account balance. We may also set a daily dollar limit on the cash advances you can receive at an Automated Teller Machine. When we determine your available credit for a purchase or cash advance, we add to your balance any transactions that ! have been made or authorized but have not yet posted to your Credit Card Account. If you send us a large payment check, or a check that we believe, based on your Credit Card Account history, may be returned unpaid by your bank (a bounced check), we may limit your available credit temporarily by the amount of the check while we wait to hear from your bank. You ma} not Ilse your Credit Card i i Account for, and we may refuse to honor, any transaction that would cause you to exceed your available credit. 8. Foreign Exchange/Currency Conversion. If you use your Card for transactions in a currency other than U.S. dollars, the transactions will be converted to U.S. dollars, generally using either a W government-mandated rate or (a) wholesale market rate in effect the day before the transaction processing date, increased by one percent 0%). If a credit is subsequently given for a transaction, it will be decreased by one percent (1%). If the credit has a different processing date, then the exchange rate of the credit can be greater/less than that of the original ransaction. The currency conversion rate on the day before the transaction processing date may differ from the rate in effect at the time of the transaction or on the date the transaction is posted- to your Credit Card Account. You agree io accept the converted amount in U.S. dollars. 9. Merchant Relations. We will not be liable if any person or Automated Teller Machine refuses to honor the Card or fails to return the Card to you. We have no responsibility for goods and services purchased with the Card except as required by law. (See Special Rule below.) 10. The Card; Cancellation. You will return the Card to us at our request. The Card expires at the end of the month shown on it. We have the right not to renew the Card. At any time after at least 30 days notice to you, or without notice if permitted by law, we may cancel the Card and your credit privileges. If your Card is canceled or not renewed, finance charges and other fees will continue to be assessed, payments will continue to be due, and all other applicable provisions of this Agreement will remain in effect. You may cancel your credit privileges by notifying us in writing, destroying the Card, and paying your entire statement balance by the date indicated on the statement that includes your final purchases, cash advances charges, and fees. Your credit privileges will be canceled. You will still be responsible for paying any accrued finance charges and additional charges. . 11. Personal Information; Documermts. You will give us at least 10 days notice if you change your name, home or mailing address, telephone numbers, income, or job. You will promptly give us information about your financial affairs if we ask for it. We may get such information from others, including credit reporting agencies, and provide your address and information about your Credit Card Account to others. We may also share information with our affiliates. However, you may write to us at any time instructing us not to share credit information with our affiliates. If you fail to fulfill any of your obligations under this Agreement, a negative credit report reflecting on your credit record may be submitted to credit reporting agencies. 12. Customer Service; Unauthorized Use, Loss, or Theft of the Card. Each Card must be signed on receipt. You will safeguard the Card and your Personal Identification Number (PIN), which provides access to Automated Teller Machines, from theft. You will keep your PIN separate from your Card. If you discover or suspect that the Card is lost or stolen, or that there may be an unauthorized transaction on your Credit Card Account, you will notify us promptly by telephoning 1-800.356-0011. You will phone, even though you may notify us in writing, so we can act quickly to limit losses and liability. You are not liable for unauthorized use of your Card occurring before you notify us. If you report or we suspect unauthorized use of your Credit Card Account, we may suspend your credit privileges until we resolve the problem to our satisfaction or issue you a new Card. To improve customer service and security, you agree that your calls may be monitored or recorded. 13. Standard of Care. Transactions in your Credit Card Account will be processed mechanically without our necessarily reviewing every item. Our processing system will call our attention to certain items, which we will examine. We will examine all transactions when you report that your Card has been lost or stolen. We do not intend ordinarily to examine all items, and we will not be negligent if we do not do so. This rule establishes the standard of ordinary care that we in good faith will exercise in administering your Credit Card Account. Because of our limited review, and because your Card transaction slips will not be returned to you with the monthly statement, you should be careful to keep a record of them. You should save your cash advance and purchase slips. You agree to check your monthly statements against your record and to notify us promptly of any unauthorized transactions or errors. 14. Default. You will be in default. if you were not eligible for the Credit Card Account at the time it was opened; if you fail to pay any amount due to us or to any other creditor; if you fail to comply with any part of this Agreement or the attached Savings Account Rules; if any information you gave us proves to be incomplete or false; upon your death, bankruptcy, or insolvency; if a bankruptcy petition is filed by or against you; or if we believe in good faith that you may not pay or perform your obligations under this Agreement. On your default, we may, without further demand or notice, cancel your credit privileges, declare your Credit Card Account balance immediately due and payable, and invoke any remedy we may ave. In the event of your default, the outstanding balance on your Credit Card Account shall continue to accrue interest at the Annual Percentage Rate(s) disclosed in the Finance Charges section of this Agreement, even if we have sued you to collect the amount you owe. 15. Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. You waive: the right to presentment, demand, protest, or notice of dishonor; any applicable statute of limitations; and any right you may have to require us to proceed against anyone before we sue you. 16. Applicable Law; Severability; Assignment. No matter where you live, this Agreement and your Credit Card Account are governed by federal law and by New Hampshire law. This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. At any time after we determine in good faith that any proposed or enacted legislation, regulatory action, or judicial decision has rendered or may render any material provision of this Agreement invalid or unenforceable, or impose any increased tax, reporting requirement, or other burden in connection with any such provision or its enforcement, we may, after at least 30 days notice to you, or without notice if permitted by law, cancel the Card and your credit privileges and declare your Credit Card Account balance immediately due and payable. If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law, and the rest of the provisions in the Agreement will still be enforceable, but we will have the right to cancel your Credit Card Account and declare your balance immediately due, as provided in the preceding sentence. We may transfer or assign our right to all or some of your payments. If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. 17. Notices. Other notices to you shall he effective when deposited in the mail addressed to you at the address shown in our records, unless a longer notice period is specified in this Agreement or by law, which period shall start upon mailing. Notice to us shall be mailed to our address for Customer Service on your statement for other addresses we may specify) and shall be effective when we receive it. Your Billing Rights- Keep This Notice for Future Use This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill If you think your bill is wrong, or if you need more intonnation about an entry on your bill, write us, on a separate sheet, at our address for billing disputes listed un your bill. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first hill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following: -Your name and Credit Card Account number. -The dollar amount of the suspected error. A description of the error and an explanation, if passible, of why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges. We can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your hill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up the missed payments on the questioned amount. In either rase, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount we think you owe, we may report you as delinquent. However, if our explanation does not satisty you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you question your bill. And we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases If you have a problem with the quality of the goods or services that you purchased with our credit card and you have tried in good faith to correct the problem with the merchant, you may nct have to pay the remaining amount due on the goods or services. There are two limitations on this right: (a) you must have made the purchase in your home state or, if not within your home state, within 100 miles of your current. mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the 1 property or services. SAVINGS ACCOUNT RULES The following applies if you have a Savings Account with Providian National Bank. These Savings Account Rules govern the pledged Savings Account (the "Savings Account") opened by you with Providian National Bank in connection with your Credit Card Account. In these Savings Account Rules, "you" and "your" mean each person for whom we have opened a Savings Account. "We," "our," "outs," and "us mean Providian National Batik or its assignee. 1. Iriferest and Balance Computation Method. Your deposit begins earning interest the business day after the date received. The initial interest "rates and annual percentage yields we pay on this Savings Account are shown on a separate disclosure. Your interest rates and annual percentage yields may change. At our discretion, we may change the interest rates as often as daily. We use the average daily balance method to calculate the interest on your Savings Account. This method applies a periodic rate to the average daily balance for the period. The 10 average daily balance is calculated by adding die principal in the Savings Account for each day of the period and dividing that figure by the number of days in the period. The interest rate and annual percentage yield depend on the amount of your balance on the last day of each statement period. Imerest accrues daily and is compounded monthly. Interest is credited to your Savings Account at the end of each monthly statement period and when your Savings Account is closed. 2. Depositing Money. We may require a minimum balance for you to open the Savings Account; if so, the minimum opening deposit amount will be shown on a separate disclosure. To make a deposit, you may send money orders or checks drawn on U.S. financial institutions in U.S. dollars to P.O. Box 800, Tilton, New Hampshire 03276.0800. Such a deposit will begin earning interest the business day after the date, received. If you send us money without specifying whether it is a deposit to your Savings Account or a payment on your Credit Card Account, we will determine, at our discretion, to which Account(s) the money will be applied. We may not accept for deposit any item that is made out to a third parry instead of to you or to us. We reserve the right to refuse deposits for any reason. We may endorse and deposit items for you that we receive for deposit. When we receive your check for deposit, we may, at our discretion, keep the check and present it electronically to the financial institution on which the check is drawn. If we do so, we will provide you with a copy of the check at your request. We reserve the right to limit the total balance in your Savings Account to $5,000. If we receive a deposit that causes your balance to exceed $5,000, we may, at our option, return the funds to you. 3. Pledged Balance; itestricted Withdrawal. At the time you open the Savings Account, you grant to us a security interest in all of the opening balance in the Savings Account and any subsequent deposits we accept. You may riot, withdraw any funds from this Savings Account except as described in these Savings Account Rules. This Savings Account balance has been pledged by you to secure your obligations on your Credit Card Account, as set forth in the Credit Card Account Agreement. In case of default, we may, without notice, apply your pledged Savings Account balance against your Credit Card Account balance: You may withdraw the Pledged Baian'ce from the Savings Account 25 days after having notified us that you wish to close your Credit Card Account, you have destroyed your Card, all amounts due have been paid in full, and we have verified to our siusfacrion that all funds you have sent us are valid. in addition, under federal regulations, we must reserve the right to require seven days notice before you withdraw any money from the Savings Account. 4. Statements. We will send you a monthly statement showing the interest earned during the period up to the statement dare, the annual percentage yield earned, and all transactions related to the Savings Account. 5. Errors. You will notify us within 30 days after you receive a statement if any transaction shown on it is incorrect. 6. Fees. The following fees may he assessed against your Savings Account: For payment of outstanding Credit Card Account balance: a $25 processing fee if we must apply any funds from your Savings Account to pay any portion of the outstanding balance on your Credit Card Account; for deposited items returned unpaid: $Z9 each time an item is returned unpaid; for extra copies of statements: $3 1 each; for legal process: $25 if we must comply with a legal order related to the Savings Account; and for Savings I Account reconcilement: $12 per hour. (]it addition, you may have been required to pay a one- time processing fee of up to $25 in order to open the Credit Card Account In the event the required fee was not paid, it may be assessed against your Savings Account.) 7. Federal Deposit Insurance. Funds on deposit in the Savings Account are insured by the Federal Deposit Insur- ance Corporation (FDIC). For individual accounts, the total of all deposits you have with us is insured up to $100,000. 8. Disclosure of Account Information. At our discretion, we may disclose information about the Savings Account to our affiliates. On the request of another financial institution, we may relate our experience with your Savings Account. To the extent required by law, we will report earnings on the Savings Account to the appropriate tax authorities. We may give information about the Savings Account to others as authorized in writing by you. We may also oe required, by subpoena or other legal process, to provide information about your Savings Account or to hold or deliver funds in the Savings Account. 9. Limits of Liability. You will indemnify and hold us harmless from any loss caused by our acting in accordance with these Savings Account Rules in reliance on any representation or authorization you give us. We are not liable for the accuracy of any information you give to us. Our responsibility is limited to the exercise of ordinary care. 10. No Warranties. We make no warranties or -earesent- anon with respect to processing under these Savings Account Rules or the accuracy of any report or other form furnished under these Savings Account Rules. We will not he liable for our failure to act if the failure is due to your action or inaction, failure of our equipment, acts of God, government regulations, labor disputes, mechanical or electrical breakdowns, weather conditions, or other events beyond our control. 11. Applicable Law-, Change of Terms. This Savings Account is subject to New Hampshire law, applicable federal laws and regulations, and our procedures for accounts of this type. We may change these Savings Account Rules but will give you anv prior notice required by law at the address you have given us. 12. Closing Account. We may close the Savings Account at any time by written notice. Then we will send you the balance 25 days after the surrender or cancellation of your Card, after paying off any unpaid balance on the Credit Card Account. You may close the Savings Account only pursuant to section 3 above. 13. Assignments. Because you have pledged this Savings Account to us as security for your obligations on your Credit Card Account, you may not pledge or assign this Savings Account to any third party. If you attempt to do so, we will close both your Savings Account and your Credit Card Account. Electronic Fund Transfers Disclosure Statement You may arrange for an organization (for example, a government agency or financial institution) to make electronic deposits to your Savings Account. Electronic deposits that are credited to your Savings Account will be described in your monthly statement. You may also call 1.800-356-0011 co find out whether or not an electronic deposit has been made. ' In Case of Errors or Questions About Electronic Transfers. You should telephone us at 1-800.356-0011, or write to us at P.O. Box 800, Tilton, New Hampshire 03276-0800, as soon as possible if you think your statement is wrong or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. You should: (1) tell us your name and Savings Account number, (2) describe the error or the transfer in question and explain clearly why it may be an error or why you need more information: (3) tell us the dollar amount of the suspected error If you tell us orally, we may require you to send the complaint or question in writing within 10 business days. We will tell you the results of our investigation within 10 business days atter hearing from you and we will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate the complaint or question. If we decide to do this, we will recredit your Savings Account within 10 business days for the amount you think is in error so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put the complaint or question in writing and we do not receive it within 10 business days, we may not recredit your Savings Account. If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents we used in our investigation. Our Liability for Failure to Make Transfers. If we do not complete a transfer to or from your Savings Account on time or in the correct amount, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable if, for instance: • through no fault of ours, you do not have enough money in the Savings Account to make the transfer; • circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken. There may be other exceptions not specifically mentioned here (for example, if a payment is not made due to the limitations of a payee or financial institution). Business Days. Our business days are Monday through Friday, excluding bank holidays. Disclosure of Account Information to Third Parties. We will disclose information under the circumstances described in your Savings Account Rules, section 8. Unauthorized Transfers. You must tell us at once if someone has transferred or may transfer money from your Savings Account without your permission. Telephoning us is the best way to keep possible losses down. Call 1-800-356.0011 or write to P.O. Box 800, Tilton, New Hampshire 03276-0800. f your statement shows electronic transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove we could have stopped someone from taking the i money if you had told us in time. If a good reason (such as I a long trip or a hospital stay) kept you from telling us, we will extend the time period. ASSET ACCEPTANCE LLC Statement of Account ASSIGNEE OF: PRCVIDIAN BANK / NAME RONALD G =STER ADDRESS 114 GREEN LANE DR CAMP HILL PA 17011-8313 ASSET ACCEPTANCE LLC Account # 12311219 Original Lender Account # 4479480200461067 Purchase Date 01/29/03 Principal Amount 3488.92 Arbitration Fees 0.00 Purchased Interest and Late Fees 220.81 Interest after Purchase 156.76 Total Balance 3866.49 Interest Rate 10.000% Date Of Charge Off 06/12/02 Date Last Payment 12/05/01 Dated this 28th day of July, 2003. Delaware Limited Liability Company doing business at: P.O. BOX 2036 WARREN, MI 48090 4 INOP AFFIDAVIT I T( oado : of ANV(al(p , Plaintif ; herein, verify that the statements of fact contained in the foregoing Complaint are true and correct. I understand that a.lse statements herein arc! made snb sect o- the penalties of 14 Pa- C §4904, ?elating to unsworn falsification to authorities. J rate fi aat ffi Tale ?()S,. 0./mot l (ill ?U' Address law A?? ?Q?2- Ciiu, Staie and f iv ?-, N Co rnrr i a ^w?? Curtis R. Long Prothonotary office of the Protbonotarp QCuntber[anb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 641 - V a?.7- CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square 0 Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573