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HomeMy WebLinkAbout14-0147 Supreme Cou "1 Pennsylvania COUrt.`Of.Common Pleas For Prothonotary Use Only: 1 Cil�' ver'Sheet , Docket No: S T cUe IM r County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint Cd Writ of Summons 0 Petition Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T New Century Financial Services, Inc. Mary Mehrpuyan Dollar Amount Requested: S within arbitration limits I Are money damages requested? El Yes 0 No U (check one) Doutside arbitration limits N Is this a Class Action Suit? !l Yes iX, No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff/Appellant's Attorney: Francis X. Grimes, Esquire Check here if you have no attorney (are a Self- Represented 1Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS E' Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution ER Debt Collection: Credit Card ® Board of Assessment Q Motor Vehicle ❑ Debt Collection: Other Q Board of Elections 0 Nuisance Dept. of Transportation S -� Premises Liability Statutory Appeal: Other Q Product Liability (does not include mass tort) ❑� Employment Dispute: E � Slander/Libel/ Defamation Discrimination C (] Other: ( Employment Dispute: Other + Zoning Board T Other: I ❑ Other: O MASS TORT l Asbestos N `I Tobacco M Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste [3 Ejectment Other: � J Common Law /Statutory Arbitration B Eminent Domain /Condemnation ❑ Declaratory Judgment CI Ground Rent � Mandamus Landlord/Tenant Dispute U Non - Domestic Relations fJ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial 0 Quo Warranto El Dental O Partition E3 Replevin El Legal Fil Quiet Title Other: Medical Eil Other: Q Other Professional: Updated 11112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA New Century Financial Services, Inc. Civil Action -Law Complaint Plaintiff : NO. - V� VS Mary Mehrpuyan _ CD Defendant r_.,_= U 4 G 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 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 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 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717- 249 -3166 0 C ��� ""Po�� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ------ ---------------------------------------------------- - - - - -X NEW CENTURY FINANCIAL SERVICES, INC. OUR FILE NO: M307959 110 S. JEFFERSON ROAD, SUITE 104 WHIPPANY, NJ 07981 Plaintiff DOCKET: -vs- MARY MEHRPUYAN CIVIL ACTION - LAW 35 DEVONSHIRE SQUARE COMPLAINT MECHANICSBURG, PA 17050 Defendant, Plaintiff, by its attorneys, complaining of the Defendant, respectfully alleges: 1. New Century Financial Services, Inc. is a New Jersey company with a place of business located at 110 S. Jefferson Road, Suite 104, Whippany, NJ 07981. 2. The Defendant, Mary Mehrpuyan, is an individual who resides at 35 Devonshire Square, Mechanicsburg, PA 17050. 3. Pursuant to an agreement made with Plaintiffs predecessor in interest, BMW Bank NA, credit was extended to Defendant and Defendant incurred debt to Plaintiffs predecessor through the use of a credit card, account number ending in ** *4858. Plaintiff purchased this account and now owns it. Plaintiff attaches hereto a copy of a Cardmember Agreement and business records reflecting the assignment and Plaintiff's ownership of the account as Exhibit "A ". 4. Plaintiffs predecessor in interest issued the credit card to the Defendant, and the Defendant accepted the credit card so that the Defendant could make purchases or other forms of credit from various merchants who were authorized to accept the credit card from the Defendant in lieu of payment by the Defendant to the merchants. 5. The Defendant received the physical credit card together with a Cardmember Agreement (extension of credit agreement), which agreement contains the terms and conditions governing the use of the credit card between the parties hereto. 6. The Cardmember Agreement is in writing however, is not signed and is not required to be signed by the parties as the Cardmember Agreement only becomes effective and assented to by the Defendant upon the use of the credit card. See Discover Bank v. Stucka 2011 Pa.Super. 241 (Pa.Super Ct. 2011). 7. Thereafter, on sundry and various occasions, the Defendant, pursuant to the extension of credit agreement, used the credit card for purchases and /or other forms of credit and maintained a running account. Plaintiff attaches hereto certain copies of the Defendant's monthly statements reflecting the use of the account as Exhibit `B ". 8. The Defendant by use and conduct with the credit card has impliedly represented to the credit card issuer that the Defendant had the ability and the intention to pay for the use of the credit card. 9. Defendant's credit card was charged off on or about August 16, 2010, due to Defendant's failing to make payments which were due and owing. Plaintiff seeks an outstanding balance of $8,983.31. 10. As of the date hereof, no part has been paid despite due demand. COUNT 1 - BREACH OF CONTRACT 11. Plaintiff incorporates by reference the averments of paragraphs 1 through 10. 12. Defendant failed to make the minimum payments specified in the statements of account. 13. By reason of the foregoing, Defendant breached their agreement with the predecessor in interest. 14. Despite due demand, Defendant has failed to pay Plaintiff the outstanding balance due and owing. 15. Asa result of the aforesaid breach, Defendant is liable to Plaintiff in the sum of $8,983.31. WHEREFORE, Plaintiff, New Century Financial Services, Inc., demands Judgment against the Defendant, Mary Mehrpuyan, in the sum of $8,983.31, plus costs. COUNT 2 - UNJUST ENRICHMENT (In the alternative to Count 1) 16. Plaintiff incorporates by reference the averments of paragraphs 1 through 15. 17. The Defendant by acceptance and use of the credit card has assented and ratified the terms and conditions of the Cardmember Agreement /account each and every time they utilized the credit card, as well as by continuing to make payments to the Plaintiff s predecessor in interest after receiving monthly statements summarizing the activities and /or transactions on the account. 18. As a direct result of the receipt of the benefit of the extension of credit as above, the Defendant has been unjustly enriched, to Plaintiffs detriment. WHEREFORE, Plaintiff, New Century Financial Services, Inc., demands Judgment against the Defendant, Mary Mehrpuyan, in an amount not in excess of the Court's Arbitration limits, plus costs. COUNT 3 - ACCOUNT STATED (In the alternative to Count 1 and Count 2) 19. Plaintiff incorporates by reference the averments of paragraphs 1 through 18. 20. Upon information and belief, the Plaintiffs predecessor in interest mailed to the Defendant monthly account statements when the Defendant opened the account in April, 2005 and continued to mail monthly statements reflecting account activity, and therefore, an account was stated by virtue of the Defendant's receipt and acceptance of those monthly statements, continued use of the credit card, Defendant's continued monthly payments after receipt of the monthly statements until the date of last payment on or about January 10, 2010, and Defendant's acceptance of the monthly statements received without objection. 21. By virtue of the Plaintiff s predecessor in interest ongoing rendering an account, the Defendant(s) receipt, acceptance and payments thereon of Plaintiff s predecessor in interest rendering an account, the Defendant(s) has/have assented to the correctness of the account. 22. By failing to dispute in writing within sixty (60) days of the closing statement as required under the Fair Credit Billing Act, an account was stated to Defendant who received and accepted same without objection. As of the date hereof, the remaining outstanding balance has not been paid. 23. Defendant's actions as set forth above constitutes an account stated between the parties. WHEREFORE, Plaintiff, New Century Financial Services, Inc., demands Judgment against the Defendant, Mary Mehrpuyan, in an amount not in excess of the Court's Arbitration limits, plus costs. Resp tfuLly submi ed, Fra is X. Grimes, Esq. At orney for Plaintiff Dated: } rn r r k 1 f I { M307959 nrll�► r{ uli{ i�uihrn{ r r ►r ►ri { „ r►r ► ►yr ►p ►► ► PRESSLER and PRESSLER, LLP COUNSELLORS AT LAW 7 Entin Rd. Parsippany, NJ 07054 -5020 1 -973- 753 -5100 Attorney(s) for Plaintiff(s) NEW CENTURY FINANCIAL SERVICES, INC. Plaintiff VS. MARY MEHRPUYAN VERIFICATION Defendant(s) I, MARKO GALIC , whose business address is 110 S.JEFFERSON RD, SUITE 104 WHIPPANY, NJ 07981 certifies and says: 1. I am employed as BUSINESS DEVELOPMENT MANAGER with NEW CENTURY FINANCIAL SERVICES, INC. and have access to pertinent account records for NEW CENTURY FINANCIAL SERVICES, INC. I an competent and over the age of eighteen, and make the following statements based upon personal knowledge of those account records maintained by NEW CENTURY FINANCIAL SERVICES, INC. 2. Plaintiff is the current owner of and /or successor in interest to the obligation sued upon. Plaintiff was assigned all rights, title and interest to Defendant(s)' BMW BANK NA account ���4858 , hereinafter ('the account'). I have access to and have reviewed the records of Plaintiff pertaining to the account and am authorized to make this verification on Plaintiff's behalf. 3. Based upon my review of Plaintiff's records: 1) Defendant(s) opened the account with BMW BANK NA on 04/12/2005 ; 2) the last payment posted to the account on 01/10/10 ; and 3) the account was charged off on 08/16/10 . 4. The account shows that the Defendant(s) owe(s) a balance of $8,983.31. The sum of ................ ..............:...,...$8,983.31 (which does not include collection costs or attorneys fees) Less Credits of.. Making a Total of-i.. .. ............ .. -$ 8,983.31 I understand that the statements made herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. / 3 e l By: KO A C 1 C 1 BUSINESS D2 VE ' ' P14BNT MANAGER NEW CENTURY FINANCIAL SERVICES, INC. i i , t i EXHIBIT "A" i t 1 i s PRESSLER and PRESSLER, LLP P &P FILE M307959 COUNSELLORS AT LAW 7 Entin Rd. Parsippany, NJ 07054 -5020 1- 973 - 753 -5100 MARY MEHRPUYAN t ACCOUNT VERIFICATION Defendants) 1 MARKO GALIC . whose business address is 110 &JEFFERSON RD, SUITE 104 WHIPPANY, NJ 07981 certifies and says: I 1. 1 am employed as BUSINESS DEVELOPMENT MANAGER with NEW CENTURY FINANCIAL SERVICES, INC, and have access to pertinent account records for NEW CENTURY FINANCIAL SERVICES, INC. I am competent and over the age of eighteen, and make the following statements based upon personal knowledge of those account records maintained by NEW CENTURY FINANCIAL SERVICES, INC. ; f 2. Plaintiff is the current owner of and /or successor in interest to the obligation sued upon. Plaintiff was assigned all rights, title and interest to Defendant(s)' BMW Bank NA account 4858, hereinafter ('the account'). I have access to and have reviewed the records of Plaintiff pertaining to the account and am authorized to make this verification on Plaintiff's behalf. 3. Based upon my review of Plaintiff's account records: 1) Defendant(s) opened the account with BMW Bank NA on 04/12/05; 2) the last payment posted to the account on 01/10/10; and 3) the account was charged off on 08116110, 4. Attached hereto is a true and correct copy of our redacted computer data file reflecting the purchase of the Defendant's account. I understand that the statements made herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. E By: ) M r RK GALI ; BUSINESS DEVELOPMENT MANAGER NEW CENTURY FINANCIAL SERVICES, INC. {{ f. 6p0� ?N 9g6p99ZOptr � Q15 � ?�d 1� MW9 t£ X86`8 S(11di5 �1�181SNOdS3 1d1 ?Nd d!�u!ad a �uele6l aajeul�! $ pt pZ�pt�t SpOZ�Zt� O un03�dl'�u!�!a0 ptOZ�9t� ° a�,eCluad a�N3W ZpoMN1S 1.2�dW� OS 3 ,dINSN01\34 S£ o lio }hod 3WdN 9an 'asol H p3W tiSS3� da �— Z£SSL pSOLti },ltd ZSS3�dOd 8p ! " ti£6L£L d 31d 3 WOH 3NOH i .ranM 3NONa SSN CoNAME CoAddressl ICoAddress2 CoCity lCoState lCoZip ICoHomePhone CoWorkPhone CoOtherPhone oDOB CoSSN 2567 i , I �naQ uaoa�l�� ad�la saseuoand uo � xS1.11 �d e91ti��tSZ uo!l d►��sa� � 15s, sas ��aand SZ.c S$: � u lua oad l � a �ue�eel 666 oa �a�ue1� 91 � !se � w oaf �saaa�u! �, un �u!S!a0 Collateral SignedDate l FirstDueDate Last Charge Date FirstPaymentDueDate ' i' CARDHOLDER AGREEMENT Retail Instalment Credit Agreement 1. YOUR BMW PLATINUM VISA® CARD AGREEMENT: This is theAgreement that establishes the terms of your Cardholder Account ( "Account') with BMW Bank of North America. Please read it carefully and keep it for your records. The application or pre- approved acceptance you signed or otherwise submitted (including the accompanying federal and state notices), your Card, the Card Carrier we send with your Card, the Summary of Terms we provide on or with your Card Carrier and your signature (including any digital or electronic signature) on the application or pre- approved acceptance, your Card, sales slip or other evidence of indebtedness are part of and are incorporated into this Agreement. You do not need to sign this Agreement but please be sure to sign the back of your Card if you have not already done so. Cards are issued and credit is extended by BMW Bank of North America in Salt Lake City, Utah. Any use of your Card or Account constitutes your acceptance of the terms and conditions of this Agreement. This Agreement begins on the earlier of (a) the date you sign or otherwise submit an application or pre- approved acceptance that is approved by us or (b) the first date that you or someone authorized by you uses the Account in a transaction that we approve (in NY, the first date that you or someone authorized by you signs a sales slip or memorandum or the first date that another document is issued to you or someone authorized by you as evidence of a transaction on your Account that we approve). 2. CERTAIN DEFINITIONS: In this Agreement, the words "you" and "your" refer to each person (jointly and severally if more than one) who has applied for the Account and any other person who has agreed to be responsible for the Account. The words "we ", "uS" and "our" refer to BMW Bank of North America, its agents, successors or assigns. "Card" refers to each Visa Card that is issued by us for your Account. The term "Check" refers to a convenience check, a written Credit Device that we may issue to you. The term "Credit Device" refers to a Check, payee - designated check, draft, order, or other transaction that accesses the Account, other than a Card. Any Card or Credit menis G v send a ssaN to verify Pay We wit! consider it nece STATEMEN billing cycle in hone' M ONTt1LY m o n thly ce Of b m ail order or telephone, ent at the end of each m Device () made without 7 • debit or credit b has been Card or a C D circumstance statem our Account has a Blow) Among any other Bone which Y as defined b l taw Liter or other electro (c) Purchase or, if interest ( Ucab nest. comp t h e Card ed upon our request a charge, or authorize sa mnents mo re or as required by aPP t will show Y °u destroy use your Card presenting Lint. All pay b impose our Monthly Statemen it an Device must be CCOUNT: You may sere S °f where you authorize e to your Acco payment made Y Credit Lim URA oods or ice ake a cha An paym other things y interest y �CeditAvailable, Your or lease g else tom dollars. y List Pa be drawn New Balance a e Date. 3. I}StNG� o purchase Card is h e m ade in V S meat m Credit Limit and pay Du a or Accoun °we wherever the time to time w must be negotiable ins " foreign bank. Cash Advance the f P amounts you �� _From nt each Minimum meat Due and purcNe our Accou c heck or other neg S• branch of a pay will continue t ccount, fees statemen - Opp ortunity to use Y owe under a U •S• bank or a tJ Dint A interest and ou a monthlyw (collective " the opP s t1NTS: lfi this is a 1 r ovided H e receive a ma y offer Y OU to pay an1ounts Y° Transfers ") °n CCO Account as P onslble wON ACCOUNT' 1f Devi «Balance obtain 5..l01NT A the right to use the resp whether or not shown or a Credit D Check to you has ent and is individually YMENT Account at the address n of y yo' may give $ PA with other cr oU, Card or a any financial for in this Agreeme due. Either of Y reerrient. our ent before 5:00 P.M. P m accoun You may also use Y Ces from cceP payment M Y statem bus nees da °Cash Advan Y °u a gree to a to pay the entire d or permitted mitted under this Ag nests, o n Your Monthly which is a nt is the Card. when uired or p s or makes req may Day (. our Payment c ash loans (t accep of cash refunds Lint. us notice req Ives us notice �n{i-Icting, we any Processing holidays) Y our Account nests are Option. bank►ng the date receb ed s Yo institution flou Account instead barged to Y If each of you give req excluding made on ived y credits to y charg a Ch notice nest at Our t be meets w ose the ong Advance by writing and those bon either req ersoriO be c onsidere d considered rece final Purchase was m eet order t the P e lia for aym ent will no Pay received a on Cash Ad stop Pay honor o re so w� hout notice wiU not b You may obtain a subject to "' ach Check may b conflict fe quest. P ent ad ere by uP t five ill not islare ng is not honored• ay ment is later a n at the payment delay Checks w nam request to honor a he full amount owed location other than ent returned to Y° our Arco and will not be erson(s) whose completed and or refusing you pay to Pay. Statem the P payments oaed to nner honoring s Monthly P additional available nine that Y °they person() the da s. used only by Check must be We may req show on in the same m business Y result in livable law printed on it Each of ou} may not use any it is may not immed Of app or either Y we without our first asks Your Credit Lim Since we restrictions the bala Y °U ( eck. You LiM1T ou r Card- to time, nds. Subject to any eels to regular personal ch any a mount YOU any 6 CRED containing Y, l y our Payn' deMi mine signed by as a reg to o u to pay under Carrier it from t man ner we reement or Card our Credit Lim on Your monthly we will apply whatever mh e require w e issue older Ag have with the your Account in with l°we Check our Cardh you' may change y wilt appear u,chase or pa UP n the following may Credit limit not to make a P ,, ces under Y e ntoracc ounty the unpaid Generally P allocated to b -Including new m transactions, o ur latest You agree td cause will be APRs „ ) ( other credit agree to Check Cas Advances: Y ent- tha won our Credit Lirriit P ayment e Rates (` ) her APRs us. In additton statem Cash Advance We may pefcentag s with g Ill be treated as ating Automat exceed Y alance has Balance obtain a Lint to es Annua s l before b transaction sh from Pa'� of our Acco other charg ) in excess our AcGOUnt wily lntecest, tees and Advances transactions)T When y below) we _ obtaining (AT ating financial balance y Cash C Limit, 9. 1NTERES r described t ing a daily Teller Machines ( from particip reed with Visa (including Advance this interest (as by applying ca sh honor Purchases anod Cash if we do Subject to Interest') We Will assess a obtaining ationwide that have agreed cash; our Credit Limit sole discretion. and ou agree calculate interest ( balance• to obtain ca sino or of Y our applicable, at our rate to that amount stated to the institutionou to use your Card as pP periodic e in the cy cle in which you transfers, li to that excess a nest that Y °u billing cY to allow Y orders, wire n currency f eement app also app if we req Interest charge m oney foreig mediately under licable minimum obtaining ' checks, that excess im or cancel of Terms in Y or more gaming ch-Ips traveler o f similar items Ao pay eft to any ray cha estrictio ns summary able for cash online or do so Subject we mnge owe Interest. We one ogre that a ff e cting Your will use h interest RATES= muc vouchers redeem Card or AccountoSe law, y °u g , time withou owe under this 1U PERIODIC tculate haw onding You may not use your illegal s that Y pure C L -Imlt at any onion rates and corre The d { e btin9 °r for any ACCOUNT You y our C a amoun only a P daily periodic rat per will vary interest gar” ON Account for all obligation to We may designate Cash Advances owe. Your P APR) divided by q, OBLIGATiONS charge your AcG° o btained ent. Y ercenta9 R ates Ag available f and Y a not Annual P fate equal t the r a e for Purchases ode Of that Teem us to pay an Cash dvances m of y°uc Credit Limit is we may ear. Advances authorize h A or by dvance Credit Lit -U,it reasons, eriodic fate is s in that y Cash PC an o you authorize or Accou ( „Cash A For securit Lint of transactions p um ber of day the rate for for B by YO °f any our Card that limit Account Rate'), an d the rate r l authority to use Y Purchases and to exceed bet or dollar amO Card, AcC «purchas Rate"), anent a ll of these P our limit the number tished with your rV ht Cas to limit (, Advance has app lse to Pay which you be accomP we have the g rf We (h us for a You prom P lus any Inte end fees d is that may evice, and transacti Cash Advances, Pother c h a rges Cee me Jt- You or any Credit D comp u s under such Account and any er the terms of this A9 es to your may owe authorized charg authorizations to will be obligated to Pay from (a) actual use of your Account whethef resulting Transfer Rates ( "Balance Transfer Rate ") will be the from the date of the transaction (or, at our option, in default and we may demand immediate payment rate shown in the Summary of Terms. Please see from the date they are posted to yourAccount). of the entire amount you owe us without giving you your Summary of Terms for details, including the Purchases — You will not have to pay Interest on prior notice if: (a) in any month we do not receive current periodic rates and corresponding APRs. Purchases if you pay your New Balance in full by your Minimum Payment by the Payment Due Date; Penalty Rate —The periodic rates and corresponding the Payment Due Date shown on your Monthly (b) you fail to comply with this Agreement; (c) there APRs on all balances will increase to the "Penalty Statement, which shall be not less than 22 days after is a filing for your bankruptcy; (d) you die or become Rate" described in the Summary of Terms if: (a) your the close of the billing cycle. incapacitated; or (e) we believe in good faith that the minimum payment is not credited to your Account Cash Advances and Balance Transfers — Interest payment or performance of your obligations under within five days of the Payment Due Date or (b) a on Cash Advances and Balance Transfers begins to the Agreement is impaired for any other reason. payment on your Account is not honored by your accrue immediately as of the transaction date. To the extent the state where you live permits the bank or other financial institution. If the Penalty Rate 13. FEES: Unless otherwise disclosed in a promotional charging of such fees and costs, you agree to pay is applied, it will apply to yourAccount until you have offer, we will charge a one-time transaction fee for each all collection expenses actually incurred by us in the made Minimum Payments by the Payment Due Date Balance Transfer and Cash Advance. The calculation collections of amounts you owe under this Agreement for 12 months, beginning with the first month in which of these fees is described in the Summary of Terms. (including court costs and the fees of any collection your balances are subject to the Penalty Rate. agency to which we refer your Account) and, in The fee for a Balance Transfer will be added to your the event we refer your Account after your default Variable Rate —The periodic ratesand corresponding Balance Transfer balance. The feefora CashAdvance APRs will vary with the market based on the highest will be added to your Cash Advance balance. to an attorney who is not our regularly salaried domestic bank "prime rate" as published in the employee, you agree to pay the reasonable fees of "Money Rates" section of The Wall Street Journal In addition to the fees discussed above, the following such attorney. We will not be obligated to honor any (the "Prime Rate "). We determine your APRs for fees will be applicable to your Account: attempted use of yourAccount if default has occurred each billing cycle by adding the Margins shown in Late Payment Fee — If we do not receive a payment or we have determined to terminate your Account or the Summary of Terms to the Prime Rate published from you in at least the amount of your Minimum limit your Account privileges (as discussed below). two days prior to the billing cycle closing date. If the Payment by the Payment Due Date shown on your WISCONSIN RESIDENTS: We will not charge you Prime Rate increases, the daily periodic rates and Monthly Statement we may charge you a Late attorneys' fees, court costs, or others' collection corresponding APRs may increase, and as a result, Payment Fee in the amount stated in the Summary costs incurred as a result of your default. the Interest, the minimum payment, and the number of Terms. The Late Payment Fee will vary based 15. TERMINATION: Subject to any restrictions of of payments also may increase. Any new periodic upon the amount of your Previous Balance. The applicable law, we may terminate your privileges rate will apply to the existing balance of yourAccount Previous Balance that we use to determine the Late under this Agreement or limit your right to make to the extent permitted by applicable law. Payment Fee is the closing balance of your prior Purchases or obtain Cash Advances at any time 11. BALANCE SUBJECT TO INTEREST RATE: We statement for which we did not receive a Minimum (and list your Account in warning bulletins) without will figure Interest on your Account by applying the Payment by the Payment Due Date. You will only be notice or liability. If we ask, you must destroy your periodic rate to the "daily balance" on your Account charged one Late Payment Fee for any Minimum Cards and any unused Credit Devices. You agree for each day in the billing cycle. To get the "daily Payment that is not paid by the Payment Due Date. that you will not try to make a Purchase or obtain a balance ", we take the beginning balance of your Returned Payment Fee — If your bank does not Cash Advance after you have been notified that your Account each day add any new Purchases, Cash honor the payment you gave us to pay amounts privilege to use your Account has been terminated. Advances, Balance Transfers, and /or applicable you owe under the Agreement, or we must return You may terminate this Agreement at any time. fees, and subtract any payments and /or credits. a payment because it is not signed or is otherwise If you do, you must destroy all Cards and Credit This gives us the "daily balance." The total Interest irregular, we may charge you a Returned Payment Devices previously issued on the Account. If you on your Account for a monthly billing cycle will be Fee in the amount stated in the Summary of Terms. call us, we may require that you confirm your intent the sum of the Interest for Purchases, the Interest Administrative Fees — You will be charged to terminate in writing. Termination of your Account for Balance Transfers, and the Interest for Cash administrative fees for photocopies of sales slips, (by you or us) will not affect your existing obligations Advances (or any minimum Interest charge). This duplicate copies of monthly statements or expedited under this Agreement or your liability for all charges Agreement provides for compounding of Interest. mailing of your Card. These fees will be disclosed to posted to your Account prior to the time all Cards 12. WHEN INTEREST BEGINS TO ACCRUE: you at the time of the request. and unused Credit Devices issued on your Account Except as provided below, Interest on Purchases, 14. DEFAULT /COLLECTION COSTS: Subject to are destroyed. Cash Advances and Balance Transfers will accrue any restrictions of applicable law, yourAccount will be 16. NOTICES: We will send statements and any other notices to you at the address shown in our files. Central Processing Date, which rate may vary from Old Bethpage, NY 11804. If this is a joint account, we can send statements and the rate Visa itself receives, or the government- 22. TELEPHONEMONITORINGANDRECORDING: notices to either of you, unless otherwise required by mandated rate in effect for the applicable Central In the regular course of our business we may monitor applicable law. You promise to inform us promptly in Processing Date in each instance. and record phone conversations made or received writing of any change in your address. We may, at 18. SKIP /PROMOTIONAL FEATURES: From time by us. You agree that we will have such right with our discretion, accept address corrections from the to time, we may let you skip or reduce one or more respect to all phone conversations between you and United States Postal Service. Minimum Payments during a year and /or we may us, whether initiated by you or us. 17. INTERNATIONAL TRANSACTIONS — FEE temporarily reduce or eliminate Interest on all or a 23. REFUSAL TO HONOR CARD: We are not AND FOREIGN CURRENCY CONVERSION portion of your Account balance or offer you other responsible for refusals to honor your Card or RATE: You may use your Card and your Account special terms. If we do, we will advise you of the scope Credit Devices. And, except as otherwise required for purchases that qualify as "International and duration of the applicable skip or promotional by applicable law or regulation, we will not be Transactions" under this Agreement. For purposes feature. We will end the skip or promotional feature responsible for merchandise or services purchased of this Agreement, "international Transactions" and apply your regular rates and terms to the extent or leased through use of your Account. include (a) Purchases. and Cash Advances made in permitted by applicable law. accept IRREGULAR PAYMENTS: We can ac t late O 24 p currencies other than U.S. Dollars from participating 19. CHANGES IN THIS AGREEMENT: Subject payments, partial payments, checks and money Visa® merchants and (b) Purchases and Cash to applicable law, we can change the terms of, orders marked "Paid in Full" or language having Advances made in U.S. Dollars from participating add new terms to, or delete terms from this the same effect without losing any of our rights Visa merchants located outside the U.S. For Agreement at any time. We will give you notice under this Agreement. No payment shall operate purposes of this Agreement, Purchases and Cash of the change, addition or deletion as required as an accord and satisfaction without our prior Advances made in U.S. Dollars from participating by applicable law. As permitted by applicable law, written approval. All written communications Visa® merchants located in a U.S. territory, U.S. any change, addition, or deletion to this Agreement concerning disputed amounts, including any military base, U.S. embassy, or U.S. consulate are will become effective at the time stated in our notice. check or other payment instrument that indicates not deemed to be International Transactions. Unless we state otherwise, the change, addition, that the payment constitutes "payment in full" of r deletion will apply to all outstanding balances on your Card or Account to make o e 9 the amount ow ed or that is tendered with other Each time you use o pp Y Y Y an International Transaction, you agree to pay the your Account as well as to new transactions to the conditions or limitations or as full satisfaction of International Transaction Fee stated in the Summary extent permitted by applicable law. a disputed amount, must be mailed or delivered of Terms, whether the transaction is originally made 20.SHARINGINFORMATION: We have the rightto and to BMW Bank of North America, 2735 E. Parleys in U.S. Dollars or converted to U.S. Dollars from a may report to consumer reporting agencies information Way, Salt Lake City, UT 84109 -1666. The fact foreign currency. about our transactions and experiences with you (i.e., that we may at any time honor a Purchase or Cash For International Transactions converted to U.S. information learned as a result of your Account) and Advance in excess of your Credit Limit or Cash Dollars from a foreign currency, you agree to pay the may share that information with companies affiliated Advance Credit Limit, if applicable, does not obligate converted amount plus the International Transaction with us by common ownership or corporate control. We us to do so again. Fee stated in the Summary of Terms. Conversion to also may share additional information (i.e., information 25. LIABILITY FOR UNAUTHORIZED USE OF U.S. Dollars may occur on a date other than the date obtained from outside sources) with our affiliates. YOUR ACCOUNT: If you notice the loss or theft of of the transaction; therefore, the currency conversion We will not, without your consent, release specific your Card or a possible unauthorized use of your rate may be different from the rate in effect at the time information about you or your account to third parties, Card, you should write to us immediately at BMW of the transaction. Visa®, and not us, determines the except where such release is necessary to complete Card Services, P.O. Box 9210, Old Bethpage, NY currency conversion rate that is used. a transaction you have requested or unless we are 11804 or call us (toll -free) at 888 BMW CARD or Transactions made in currencies other than U.S. required or allowed to do so by law. (collect) at 410 581 9994. You will not be liable for Dollars will be converted to U.S. Dollars under the 21. INACCURATE INFORMATION: If you any unauthorized use that occurs after you notify us. regulations established by Visa International in believe that we have information about you that is You may, however, be liable for unauthorized use effect at the time the transaction is processed by inaccurate or that we have reported or may report that occurs before your notice to us. in any case, Vise. Current Vise regulations in effect provide to a credit reporting agency information about you your liability will not exceed $50. Subject to any that the currency conversion rate will be either a rate that is inaccurate, please notify us of the specific restrictions of applicable law, we may terminate or selected by Visa® from the range, of rates available information that you believe is inaccurate by writing limit access to your Account if you have notified us in wholesale currency markets for the applicable to us at BMW Bank of North America, P.O. Box 9210, or we have determined that your Card or a Credit sx%)l r i wrc�G 12 - 5113 to re s6 tu o ve P to Oo tf SOU °r on y °ur S tatem ent, w Code Se °oncerr<tin9 the ce am Statem �k there is an err ia1 �a uiry erica that there a �sw ertouriWrttten tnq �N�S Be � o \ kcab1e \ to us at • an k of Nort your acc R e Dentares\AW inaPPficab \e gMW 8 g21p 134 rmatr t or sto \en, °�OUnt JERSe� a b\e or rovrsrons, P 0.8 oX e NY 11$ wing in ° ou nt ve been \o ss to y ° if P e a ssign NEW , of tors A9 unentorce these P q\e in \d gethPag us the fo\ \o e an d ac° ma y ha ed acce at any tim unt t\irs rovisr be void, None of or ina pplica O our letter give tion: Your riam o{ the pevicb onauthon�t We may on Y ° ur P u nder tlirs � they mU rs dictron s {orceagle \n Y { punt may NMEN ` s du afrons e any so rtie \ void, unen aga oon rn do\\ar a m AS'S {G arty sum or ob\rg vue mak hts r ver, rs ro \aws c red +t AG£ ber t: t there rs an 26. ccount' rights whom our rig how e Oh make d nom rnoun tank ve is y°ur A exit , our ersonlsl t titled to a\t otned New Je rsey- ENSS. `ta a\\ credtots mers,arate Dollar tad er ror. b {em .- \f Y °oat Y°u geUe Agre t. t he P so be en t a ssrg hts RESiO urre th o rthY • seP osPe of Pro nbe wh istake r eeme n ent sh the eaten of our rig of O N,O matron reA e cre dit w mamtarn st• the s c riptf on r \ \, des it is a m Pgch assignor Bement, tO eXerGrse anfording any discrtm var\ab\e to agen \es \upon re(lue \ran °e . Oes r on your q ou ge\rev our su tYirs Ag i\us au in o� occa n equa reP ° �a indrv in i s ters cOmP B iro and why Y eare on Y un der Ou r fa r decay arty ny rt h dm wrong t us r app yVpfd r , erit, of our r\ghtu n9hts on that it h w 6es °�omr6sslon a a manta\ ust cantac a{ter the Biro automated 2U aer this agour wa�va wa i v er o s A Np o � d rights No Pr°visron ent under Y °u m rt\irn 60 days days b 0ore w ant to stop our rights ris trtute SEMEN 09 O this \aw. iOEN sera\ state er section W terrier \nes 1f y ° wrong shall n ° c sion. CH \S AC'R DfgpU� T1NG with O NSfN RE e a u�rta decree and e creditor s kate d \east qus chedute, °u thin is wr{tin9' other oc °a iNG i.AI A NY G\ - AaMOR R EkA UN { NttSC agreem a co urt teres °{ th credit is Pt ent \s s amoun Y \error irr \red to BERN AND ROM GGO roPe 9 or the in e the ent, Pay t on th otentra t requ 2$ GO GO UN (, \SI NG F YOU A FRA UD P Iron 7 66.5 t affects to the trm agre e ayrt of an y p we a re n° aY have to `LOUR AGVERSY ARENZ OR G \ TORS F USE, sue` p a verse y c, Prior copy o { the ledge GO{ th r P us otrtl u b 0\3 do d o u m NTRO AGREEM CO GON�R R15, Sip" ` V jg6 tae cred \to ed a a\ know cre dito Y m t �a1\ us, ittal ecrOrs an Y tter \ O {H\ E NJ \Ot` pA - COW AND un\e ed 1s furnC ee or ha obi gatron to th You rr'a ate arty , u e °` De tw o WHE SHER \Nl ENST\�US10 ERNEp SEbAWS gran meat or de n whe the reP°rt investrg moun in A er Vile Fteo must do O GO GO CH�H �O state v \sro credit to ay the a pft we AN g\ON ARE GEWi Gp,RD ve rsePr O negat gmitted P ritNaPP. oor \etter we must REGUi- EQ U \CY GORDAN O U (RE h AA ad d. that a be s terms hates e Y r, o A NDIO R \N AG ` W (W \� W OO S OF EGA� is incurre ereby notrf� tlrt record may a fu \fr\\ the Whe we reGeiv receiving y ° ;e e We wif\o fis CONS S \A1E OF \3 OF CO t AW -VHE ZA� Y ar h an your cre cy if you far\ t ings. day °t ed y °ur d the err ost O F CNE At P R\NG\P FE DERp , I \N{E re {{ectrng e ° m9 age °u t Wittirn 3� atwe {ece \ c Orre ur fetter we y we \N pp�iGAB \t \TY AN ND CH REGENED a credit r t ob \ eat before y t Y ° e Rave a ivin9 y to AND ENFORG REEMENT RGED AND of y ° t 0 SNE BV reds agree nK sPaGe to\\ y ° 90 days of ej a or ExP\ain en tT tS AG OR, G \LL 13,E {ERE OTtCE this ° a ny bia din GoPy Witfirn ect the ect t there has be OF \H NO V F EEM ENT E \S WEMAKE Nt Do not si it it c°ntains mPietew f�iie 2 eithe ve be qi \f is cOr ether °r no e stron , GON1R TN\S AGR \ S pGRE \NUTAH p \T TO read it °r d to a °° N t gefie tr a te w tin au UN ©v�H N,�pU AN AN t \NG Y�� UND �R 2 Yo u are e a t \ a greem ent Dl � PG ?k p\'rcation,r While we rnves g co \ \ect any �i that a mou nn Yo BY \O ,O\VE RSOU1 C ED1T �O GG EP t YO o f the eve DENT CRaate on the S \ip ° °th of an error'. nnot try to delin4u oa remain arge Y °u \N \ONS EXTEND OM: AN ©A s tAiL fNs*TX and the aid, sa \es tanc _ We ca ou a s n m Y ch DEG \S pM, t FR addres RE ature Lion, G our acc ri irssio n or repo rty e \n qu coritrnue to tin Y OU FR SEMEN u may out ur sig lnvtta or Y trans n charg we m mo on AGR U(AH ES N S : Y ° ave a P Y e- rov aain tednh an ctr ai darn by staterr t ha the a n e e to P a TH\S iN, ji0 ich y u h O. aPP deb e \e the en , mou aY ca pAYME utR1ES OR all ions w Q N AmoU may ca \t ev ident B emen t throQ in g signa he interest on d not ha 29- {�riquirres ° O $MW 'Ba 11gp4, e us instead o thrs� which are Documen , WNie y a ou r Account Bethpage' u te\eP °n taw givesY to pgCee , K lgfs y g21p, O \d RD• \f y° htst S this g11.LfN �5 eeP Box SMW GA se certai rig ctron 3p) w\l1 be refe«nce G V at 8$6 ou may \° see Se ante charges nth to t)R ors rn es m o { those 3d YO tore VSe ,Nr \tmg y pi \ \,n9 err � F o °r to d1sp� ND RES{DEa ding q \a t n ex MmP °sed on t ots or at take the r19ht u nder „1nnth in �m, ),. ;M u h questio n , you are responsible emainder from an ATM or with a check that accesses your — information from a credit application p onsible for th e of your balance. credit card account do not qualify. — information from a consumer credit report — We can apply any unpaid amount against your 3. You must not yet have fully paid for the purchase_ — account balances credit limit. If all of the criteria above are met and you are still — account history After we finish our investigation, one of two things dissatisfied with the purchase, contact us in writing — telephone numbers — payoff balances will happen: at: — anything related to a transaction — If we made a mistake: You will not have to pay BMW Bank of North America — or any other type of information about you that the amount in question or any interest or other P.O. Box 9210 is gathered, stored or shared with a third party, o that amount. fees related t Old Bethpage, NY 11804 Affiliate or vendor — If we do not believe there was a mistake: You While we investigate, the same rues apply to the Making the Security of Information a Priority will have to pay the amount in question, along with applicable interest and fees. We will send disputed amount as discussed above. After we finish We limit access to Customer Information to only you a statement interest the amount that you owe and our investigation, we will tell you our decision. At that those employees who need it to perform their job the date payment is due. We may then report you point, if we think you owe an amount and you do not duties while providing products and services to you, as delinquent if you do not pay the amount you pay, we may report you as delinquent. or to maintain or service those products or services. we think you owe. END of CARDHOLDER AGREEMENT We maintain physical, electronic and procedural If you receive our explanation but still believe your An Important Notice About Your Privacy safeguards that comply with Federal regulations to you must write to us within 1ays protect Customer Information. bill is wrong, Y 0 d Our Commitment to Privacy telling us that you still refuse to pay. If you do so, This notice is being given to you on behalf of the Sharing information within the BMW Family of we cannot report you as delinquent without also following companies, and provides you with our Companies reporting that you are questioning your bill. We must policies on the handling of non-public personal We share Customer Information about you within tell you the name of anyone to whom we reported you information ( "Customer Information ") about you. the BMW Family of Companies (our Affiliates). Any as delinquent, and we must let those organizations of the BMW Family of Companies may disclose know when the matter has been settled between BMW Family of Companies: certain information to each other in connection with — BMW Financial Services us. — BMW Bank of North America your account and to assist us in providing offers for If we do not follow all of the rules above, you do not _ BMW Insurance Agency products or services that may be of interest to you. have to pay the first $50 of the amount you question, We are permitted by law to share with our Affiliates, — BMW of North America information about our transactions or experiences even if your bill is correct. — Financial Services Vehicle Trust fied With Your with you, such as your account balance and payment Your Rights If You Are Dissatisfied BMW US Capital history. Credit Card Purchases Any Customer Information you choose to share If you are dissatisfied with the goods or services that Sharing information with companies that work g with us will not be disclosed to anyone outside of for us you have purchased with your credit card and you the BMW Family of Companies, or our business We may share Customer Information with non- have tried in good faith to correct the problem with partners. We will not, without your consent, release affiliated companies that work for us. These the merchant, you may have the right not to pay the specific information about you or your account to third companies may include financial service providers remaining amount due on the purchase. parties, except where such release is necessary to such as insurance companies or banks and non - To use this right, all of the following must be true: complete a transaction you have requested or unless financial companies such as those that provide 1. The purchase must have been made in your we are required or allowed to do so by law. your monthly statement. All of these companies act home state or within 100 miles of your current Information We Collect on our behalf are contractually obligated to keep mailing address, and the purchase price must As part of providing you with our products and the Customer Information that we provide to them have been more than $50. (Note: Neither of these services, we obtain Customer Information about confidential and use the information only to provide are necessary if your purchase was based on an you. We define Customer Information as: the services we have asked them to perform for you advertisement we mailed to you, or if we own the — name and us. We may share Customer Information with company that sold you the goods or services.) — address nonaffiliated companies that market our products 2. You must have used your credit card for the — social security number and services or with whom we have joint marketing purchase. Purchases made with cash advances — income agreements. These companies may include BMW, i 1 MINI or Rolls -Royce Motor Cars retailers. least 21 days in advance and the trip must include a Disclosing information in other situations Saturday night stay. Interim stopovers of more than We may also disclose Customer Information to credit four hours and en -route stopovers, except to make bureaus, courts or other authorized governmental direct connections, are not allowed. This ticket will be authorities, as required by law. These may the lowest available fare at the time of booking, not include disclosing information in connection with to exceed $500 for travel within the 48 contiguous 1 a subpoena, fraud investigation, audits, or public United States; $700 for Mexico, the Caribbean, and I record filings. BMW Financial Services may disclose Canada; $800 for Hawaii & Alaska. certain Customer Information to a nonaffiliated third 6. Points are considered earned at the time your party in connection with an investigation to locate our account cycles. collateral or to recover an outstanding debt. 7. Points redeemed and expired points will be based Keeping up -to -date with our Privacy Policy on a first -in, first -out process. We will give you notice of our privacy policy annually, 8. The BMW Card Rewards accounts will be updated as long as you maintain an ongoing relationship with monthly. us. If your account(s) become inactive or closed for some reason, we will continue to treat and safeguard 9• For redemptions, inquiries, and updates, customers Customer Information about you, our former may call 888 269 2273. Hours of operation are 9 a.m. I customer, as described in this notice. to 8 p.m. (Eastern Time), seven days a week. The BMW Card Rewards Program Terms and 10. Points cannot be earned until an account has been I Conditions assigned. No - retroactive credit will be given. Points may not be combined from different accounts to earn 1. Participation is restricted to individual BMW a reward. Points cannot be used in conjunction with Cardholders only. other frequency or reward programs. 2. Customer will earn points for net purchases made. 11. BMW Bank of North America reserves the right to I Cash Advances and Balance Transfers are not a part alter, change, or terminate the program at any time i of net purchases. without notice, 4 3. Redemption levels for No -Fee Rewards and 12. BMW bank reserves the right to disqualify Performance Plus Rewards are described online, customers who have violated these rules. Please visit http: / /fs.bmwusa.com /bmwfspulp/ or call 13. Points are non - transferable, are not redeemable 888 269 2273. for cash, and cannot be used as payment or 4. Additional costs, such as overnight delivery, obligations owed to BMW or its affiliates. are at the customer's expense. Tickets may be 14. Determination and payment of personal tax purchased in any designated individual's name, but liability is the sole responsibility of the customer. must be redeemed by the customer or, if charged, 15. Points may expire or be lost. Program Rewards any authorized user on the account. Tickets will be points expire if not redeemed within 60 months. All ' sent to customer's billing address. Choice of carrier your BMW Reward Points will be lost if your account I and traveling dates are at the customer's discretion is closed for any reason or your account becomes 3 subject to availability and booked through the Travel Reservation System. Reservations exclude the use payments past due. Your account must be open and of charters, wholesalers, or consolidators. Note: in good standing and the outstanding balance must j Reservations on carriers with records of unreliable not be in excess of the approved credit line in order service, or other indications of unreliability, may not to redeem points. be available. 16. The BMW Card is issued by BMW Bank of North j 5. The ticket will be a non - refundable, non- America. changeable ticket. Round -trip flights must originate in the United States, Customer must book flights at M -99298 ' 04/05/2005,16:33 PAX 717 697 OM SUN MOTORS BMA' 0001 /0 Ml �, P ! j M ■ ,i a �jj. `�'4'R la k4µoa, ,�4 s .x 15 ❑✓ Yes, i accept my pre - approved invitation for the BMW Card. APR 0 8 2005 Please print and complete the entire application in blue or $70.000.00 black ink to ensure the fastest response. Annual household income (Opiwap a Mr. O Mrs. 0 Miss 0 Ms. Q Or (We:1'ou m ra need b include elinany, d:nd sgport or sepaae mainVwne:nwwr * F � unless yw *wr it cans *W in cwnacmn wth yar apOkalbn.) MARY MEHRPUYAN Do you want a free additional card? 0 Yes 0 N o Please print your name (first, Middle, Last, Jr., Sr., etc.) as you wish it to appear on the card. If yes. please print name as you wish it to appear on the 35 DEVONSHIRE SQ additional card. Home address including apt t. Note: Do not fist a P.O. box, By signing betow I certify that this ilformation is trtleand correct. . MECANICSSURG PA 17050 t hwe read the important Disclosures on the back and agree to be City State Zip bound as speckled dwein. Applicant signature• '�� E -mall address Date: 0410512005 A0* Mother's maiden name (for security purposes) peeler Code: LU 6 6 0 0 ,2 6 010 EMS Just follow these simple steps: • Once you receive t he credit card "approval notice" on infol3ahn or by fax, present the primary applicant with the BMW Card Invitation. • Ask him/her to complete the "BMW Card Pre - Approved Invitation" above and sign it. • Write your Dealer-Code in the spaces provided above and fax the completed (and signed!) invitation to the fax number provided below: � 7 } i Fax approval to: (812) 421 -2828 APR 4 6 200 i APR 0 7 2liG1 1 r� APR 0 8 2005 s r I i i i ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement ('Assignment Agreement "), dated as of the 30th day of August, 2012, is by and between BMW Bank of North America ( "Se ller'), a Utah corporation, and Absolute Resolutions Corporations ( "Buyer "), a California Corporation. } WITNESSETH WHEREAS, Setter has agreed to sell, without recourse, and Buyer has agreed to purchase the Accounts (as defined on EExhiblt t hereto), pursuant to the Purchase and Sale Agreement dated as of I August 30, 2012 by and between Seller and Buyer (the "Purchase and Sale Agreement'); i NOW, THEREFORE, in consideration of the mutual undertakings set forth herein, the parties j hereby agree as follows: ; i 1. Assfgnment and Assumption i Seiler hereby assigns to Buyer, without recourse, and Buyer hereby assumes, without recourse, all of Seller's rights, title and interest in the Accounts. Buyer agrees to indemnify and hold Seller and Its affiliates harmless from and against any and all costs, expenses (including reasonable attorneys' fees), 1 liabilities, damages and losses arising out of or related to the Accounts (except such costs, expenses, liabilities, damages and losses arising from the Seller's origination, copectian and/or handling of the Accounts prior to the date hereof) or Buyer's failure to perform its obligations under this Agreement. 3 i 2. Representations and Warr@ntieS of Buyer f— Buyer represents and warrants to Seller that: I (a) This Assignment Agreement constitutes a valid and binding obligation of Buyer, and is enforceable against Buyer in accordance with its terms; and (b) The execution, delivery and performance by Buyer of this Assignment Agreement have been duty and validly authorized by all necessary action on the part of Buyer. 3. Miscellaneous - i (a) Each party to this Assignment Agreement shall prepare, execute, and deliver to the other parties any other documents reasonably required to implement any provision of this Assignment Agreement. j (b) Any number of counterparts of this Assignment Agreement may be executed and each shall have the same force and effect as the original_ (c) This Assignment Agreement is deemed executed and final upon the signature of each of the parties, or its respective representative. (d) This Assignment Agreement shalt be governed by and construed in accordance with the r laws of the State of Utah, (e) This Assignment and Assumption Agreement is delivered pursuant to, and is subject to, the Purchase and Sale Agreement, In the event of any conflict between the terms of the Purchase and Sale Agreement and the terms of this Assignment and Assumption Agreement, the terms of the Purchase I and Sale Agreement shalt prevail. (1) This Assignment Agreement may be amended only by an instrument executed by each party hereto. i S i I I I i I I i IN WITNESS WHEREOF, the parties have caused this Assignment Agreement to be executed by j their respective authorized officials as of the date first above written. W SS BMW Sank of North America l ; Name: Kennsth Petersen- Its. Presldent 7 K2 r3 Name:_ Aid ,Ba Its: Cr i Of;ic r Buyer i Name: Mlcbael Bendtckson fts: ssl ent(CEO i I a i j i E j i I I i 3 I i ARC- NCF009 October 16 2012 I EXHIBIT "B" c BILL OF SALE FOR VALUE RECEIVED, and pursuant to the terms and conditions of the purchase and sale agreement (the "Agreement "), between Absolute Resolutions Corporation {"Seller") and New i Century Financial Services, Inc. ( "Buyer"), Seller does hereby sell, assign and convey to Purchaser, its successors and assigns, all right, title and interest of Seller in and to those certain accounts described in i Exhibit A attached to this Bill of Sale (the "Accounts "). This Bill Of Sale is executed without recourse, warranty or representation of any kind, expressed or implied, including, without limitation, any warranty or representation as to the collectability of e the Accounts, except as specifically provided in the Agreement. ! Executed this 16th day of October, 2012. ABSOLUTE RESOLUTIONS CORPORATION I By: Name: Michael Bendickson Title: CEO / President 3 1 I i 1 t i s I i I Page 18 ' Initial Initial f EXHIBIT "B" SEE REVERSE SIDE FOR IMPORTANT INFORMATION PAYMENT INFORMATION ACCOUNT SUMMARY Account Number 4858 Previous Balance $5,042.24 Minimum Payment Due 115.00 ( +) Purchases & Cash Advances 419.62 Amount Past Due 0.00 ( -) Payments & Credits 350.50 Amount Over Credit Limit 0.00 ( +) Debit Adjustments 0.00 Payment Due Date 09/14/09 ( +) FINANCE CHARGES & Fees 62.44 (_) New Balance $5,173.80 Total Total Cash Advance Cash Advance Days In Billing Cycle Credit Limit Available Credit Credit Limit Available Credit Billing Cycle Closing Date 10,750.00 5,576.20 5,375.00 2,622.00 29 08/18/09 ACCOUNT TRANSACTIONS Transaction Posting Date Date Reference Number Description Amount 08/11 08/11 24073147OS66FYDAN MISS SAIGON OF GEORGETOWN WASHINGTON DC $69.90 08/11 08/11 24122477OS66QZTSN SHO CHI KU CENTREVILLE VA $142.38 08/11 08/11 244356570BMFKOX2L H &M #25 WASHINGTON DC $170.84 08/11 08/11 24692167000V5G8HN SUNOCO SVC STATION MECHANICSBURG PA $36.50 08/12 08/12 74147037000XTMND7 PAYMENT -THANK YOU WOODBURY NY $350.50 - YOUR REWARDS UPDATE Reward Points Earned this Month 228 Reward Points Redeemed this Month 0 Reward Points Available 3,800 INFORMATION FOR YOU REWARD YOURSELF AT EVERY OPPORTUNITY. USE YOUR BMW CARD ON VACATION TO PAY FOR AIRLINE TICKETS, RENTAL CARS AND MORE. ALL WHILE EARNING EXCLUSIVE BMW REWARD POINTS WITH EACH PURCHASE. DETACH BOTTOM PORTION AND RETURN WITH PAYMENT For Customer Service call: 1.888- 269 -2273 or write: BMW CARD SERVICES PO BOX 9210 OLD BETHPAGE NY 11804 5458 S9D 1 12 7 Page 1 of 2 5890 6000 1PLA 0002 090818 OIAE5458 1191 BMW CARD SERVICES ........ ............................... PO BOX 9210 OLD BETHPAGE NY 11804 mount Minimum Past Due Payment New E nclosed Payment Due Amount Due Date Balance Account Number 115.00 0.00 09/14/09 5,173.80 4858 Make Payment To: MARY MEHRPUYAN BMW CARD SERVICES 35 DEVONSHIRE SO 1191 PO BOX 5612 MECHANICSBURG PA 17050 -6878 HICKSVILLE NY 11802 -5612 �1111111111111111 IIL 111111111 1111 111111111111111111 11 1111 1 Account Number Page 2 of 2 4858 Statement Date 08/18/09 Average Nominal Annual Promotional FINANCE CHARGES Daily Percentage Outstanding Periodic Due to Transaction Balance Rate Balanc Rate Periodic Rate Fees PURCHASES $2,282.24 9.247 N/A 0.770% Monthly $17.56 $0.00 CASH ADVANCES $2,791.13 20.24% N/A .05544% Daily $44.88 $0.00 ANNUAL PERCENTAGE RATE for purchases 9.24% ANNUAL PERCENTAGE RATE for cash advances 20.24% If you have a variable rate account, your periodic rates may vary. 5458 S91D 1 12 7 Page 2 of 5890 6000 1PLA 0002 090818 01AE5458 1191 SEE REVERSE SIDE FOR IMPORTANT INFORMATION PAYMENT INFORMATION ACCOUNTSUMMARY Account Number ANINN11004858 Previous Balance $5,173.80 Minimum Payment Due 137.00 ( +) Purchases & Cash Advances 1,388.69 Amount Past Due 0.00 ( -) Payments & Credits 250.50 Amount Over Credit Limit 0.00 ( +) Debit Adjustments 0.00 Payment Due Date 10/13/09 ( +) FINANCE CHARGES & Fees 110.80 (_) New Balance $6,422.79 Total Total Cash Advance Cash Advance Days in Billing Cycle Credit Limit Available Credit Credit Limit Available Credit Billing Cycle Closing Date 10,750.00 4,327.21 5,375.00 1,347.00 30 09/17/09 ACCOUNT TRANSACTIONS Transaction Posting Date Date Reference Number Description Amount 08/18 08/19 24610437703ROGOOK STEVE MADDEN #24 WASHINGTON OC $42.29 08/24 08/24 24445007DTXGZFJ8F WEGMANS #45 MECHANICSBURG PA $71.42 09/08 09/08 24067377VS66HREB3 GCA' HOLLYWOOD CASINO AT GRANTVILLE PA $739.99 09/08 09/08 CASH ADVANCE ITEM CHARGE $22.19 09/08 09/08 24067377VS66HRE4D GCA` HOLLYWOOD CASINO AT GRANTVILLE PA $534.99 09/08 09/08 CASH ADVANCE ITEM CHARGE $16.04 09114 09/14 7414703810OXTMND7 PAYMENT - THANK YOU WOODBURY NY $250.50 - YOUR REWARDS UPDATE Reward Points Earned this Month 57 Reward Points Redeemed this Month 0 Reward Points Available 3,857 INFORMATION FOR YOU REMEMBER, YOU CAN SAVE 20% WHEN YOU USE YOUR BMW CARD ON A PERFORMANCE DRIVING SCHOOL COURSE. CALL 888 345 4269 TODAY FOR MORE DETAILS. DETACH BOTTOM PORTION AND RETURN WITH PAYMENT For Customer Service call: 1.888.269.2273 or write: BMW CARD SERVICES PO BOX 9210 OLD BETHPAGE NY 11804 5458 S9D 1 12 7 Page 1 of 5890 6000 1PLA 0002 090917 01AE5458 1962 BMW CARD SERVICES PO BOX 9210 OLD BETHPAGE NY 11804 Amount Minimum Past Due Payment New Enclose Payment Due Amount Due Date Balance Account Number 137.00 0.00 10/13/09 6,422.79 � 4858 Make Payment To: MARY MEHRPUYAN BMW CARD SERVICES 35 DEVONSHIRE SO 1962 PO BOX 5612 MECHANICSBURG PA 17050 -6878 HICKSVILLE NY 11802 -5612 I IIIII IIIII VIII Illll VIII VIII IIIII IIIII IIIII IIIII lull 111111 I IIIII III II IIIII Illll II111 III11 VIII VIII III II VIII VIII Illll I Account Number Page 2 of 2 '100=0 4858 Statement Date 09/17/09 Average Nominal Annual Promotional FINANCE CHARGES Daily Percentage Outstanding Periodic Due to Transaction Bala Rate Balance Rate Periodic Rate Fees PURCHASES $2,450.69 9.24% N/A 0.770% Monthly $18.86 $0.00 CASH ADVANCES $3,229.22 20.24% N/A .05544% Daily $53.71 $38.23 ANNUAL PERCENTAGE RATE for purchases 9.24% ANNUAL PERCENTAGE RATE for cash advances 34.17% If you have a variable rate account, your periodic rates may vary. 5458 S9D 1 12 7 Page 2 of 2 5890 6000 1 PLA 0002 090917 01AE5458 1962 MARY MEHRPUYAN Account Number: 4858 Account Summary Balance Summary Credit Limit $10,750.00 Statement Closing Date October 19, 2009 Credit Available $2,838.66 Days During This Billing Cycle 32 Cash Advance Credit Limit $5,375.00 Previous Balance $6,422.79 Cash Advance Credit Available $57.00 Payments and Credits $250.50 Amount Over Credit Limit $0.00 Purchases and Other Charges $302.26 For customer service or Cash Advances $1,289.97 FINANCE CHARGES $146.82 to report a lost or stolen card: 888 269 2273 New Balance $7,911.34 Manage your account online: mybmwcard.com BMW Reward Points Payment Information Points Earned This Billing Cycle 151 Payment Due Date November 13, 2009 Points Redeemed This Billing Cycle 0 Amount Past Due $0.00 BMW Reward Points Available 4,008 Minimum Payment Due $188.00 For questions or to redeem points: 888 269 2273 Your BMW Card Remember, you can save 20% when you use your BMW Card on a Performance Driving School Course. Call 888 345 4269 today for more details. Transactions Date Posted Reference Number Description Credits ( -) Charges ( +) 09/22 09/22 240673789S66K35QB GCA* HOLLYWOOD CASINO AT GRANTVILLE PA $534.99 09/22 09/22 CASH ADVANCE ITEM CHARGE $16.04 09/29 09/29 24067378GS66KRHMQ GCA* HOLLYWOOD CASINO AT GRANTVILLE PA $534.99 09/29 09129 CASH ADVANCE ITEM CHARGE $16.04 09/29 09/29 24067378GS66KRHVJ GCA* HOLLYWOOD CASINO AT GRANTVILLE PA $219.99 09/29 09/29 CASH ADVANCE ITEM CHARGE $6.59 10/11 10/11 24445008XVNS35K11 MARSHALLS #834 MECHANICSBURG PA $123.81 10/13 10/13 74147038YOOXTMND2 PAYMENT -THANK YOU WOODBURY NY - $250.50 10/18 10/18 244356594BMND1M9P H &M #46 LANCASTER PA $178.45 Rate Information FINANCE CHARGES Balance Subject Average Daily Periodic Nominal Annual Due to Transaction to Finance Charge Balance Rate Percentage Rate Periodic Rate Fees Purchases $2,314.54 0.770% Monthly 9.24% $17.82 $38.67 Cash Advances $5,091.85 0.05544% Daily 20.24% $90.33 $0.00 ANNUAL PERCENTAGE RATE for Purchases including Balance Transfers: 9.240% ANNUAL PERCENTAGE RATE for Cash Advances: 30.402% If you have a variable rate account, your periodic rates may vary. 5458 VEG 001 7 12 091019 0 N PAGE 1 of 2 10 5890 6000 1PLA 01AE5458 BMW CARD SERVICES Account New Past Minimum Payment PO BOX 5612 Number Balance Due Due Due HICKSVILLE NY 11802 -5612 4858 $7,911.34 $0.00 $188.00 11/13/2009 Amount Enclosed For added convenience, make your payment online at Change of address? Check here mybmwcard.com. and complete the reverse side. Make Payment to: MARY MEHRPUYAN BMW CARD SERVICES 35 DEVONSHIRE SQ PO BOX 5612 MECHANICSBURG PA 17050 -6878 HICKSVILLE NY 11802 -5612 I.. „III, I „11,1,11,11 „111„1 ,,,I „II,I II,IIII.,.III..I' III. I,,,II „IIIIII 1. 11.. II .... II, „I, ,,,II IIIIIIII ,II,I, 11 INFORMATION ABOUT PAYMENTS any fees associated with Cash Advances, and we subtract any payments or credits Payments must bemadeby check or money order payable inU .S.dollarsand drawn ona applied against Cash Advances for that day. At the end ofthe billing cycle, we add together U.S.institution. Payments receivedatthe payment address shown on the front by Noon on the daily Finance Charges for Cash Advances for each day of the billing cycle to determine Business Days will be credited to your Account as of the date of receipt. Business Days are the Periodic Finance Charge for Cash Advances for that billing cycle. The average daily Monday through Friday, excluding holidays. Payments received at such address after balance of Cash Advances shown on the front of this statement may be muhiplied by the Noon, crone non - Business Day, will be cred'ned as of the next Business Day, regardless number of days in the billing cycle, and the daily periodic rate applied to this product, to of paymentcluedate. Payments may be subjecttoa delay in crediting ofupto fivedays in determine the amount of periodic Finance Charge for Cash Advances forthe billing cycle. any of the following instances: 1) Payments not made as previously described in this CREDITAMOUNTS section: 2) Payments not received at the payment address shown on the front; or 3) Any credit balance on your Account indicated by a minus ( -) sign in the New Balance box Payments not accompanied by the remittance coupon portion of this statement. Pleasedo on the front of this statement is money we owe you. You can make charges against this not send cash. Payments made electronically through our automated telephone service, amount or obtain a refund of the full amount by writing to us at BMW Card Services, P.O. Customer Service advisors, or our website will be subject to any processing times Box 9210. Old Bethpage NY 11804. Any amount remaining greater than $1 not charged disclosed forthose payments. against or refunded upon request will be refunded no later than 180 days from the date the When you provide a check as payment, you authorize us either to use information from credit balance was created. Credit will be applied to your previous balance immediately yourcheckto makes one -time electronicfund transferfrom youraccount orto process the upon receipt but will not pays minimum payment. payment as a check transaction. When we use information from your check to make an GRACE PERIOD electronic fund transfer, funds may be withdrawn from your account as soon as the same You will have a grace period of no less than 22 days before incurring a periodic Finance day we receiveyour payment, and you will not receive your check back from your financial Charge on Purchases if you pay your New Balance in full by the Payment Due Date shown institution. on your current statement. We use the Average Daily Balance (including new purchases) If you have authorized us to pay your credit card bill automatically from your savings or method of computing the balance for Purchases. There is no grace period for balance checking account, you can stopthe payment on any amount you think is wrong. Tostopthe transfers, cash advances, or check transactions. payment your letter must reach us at least three business days before the automatic ACCOUNT INFORMATION REPORTEDTO CREDIT BUREAU payment is scheduled tooccur. We may report information about your Account to credit bureaus. Late payments, missed BALANCES SUBJECTTO PERIODIC FINANCE CHARGE payments, or other defaults on yourAocount may be reflected in your credit report. If you We will calculate the balance subject to Finance Charge separately for Purchases and think we have reported inaccurate information to a credit bureau you may write to us at Cash Advances. BMW Card Services, P.O. Box 9210, Old Bethpage, NY 11804. Balance Subject to Periodic Finance Charge for Purchases - We will figure the BILLING RIGHTS SUMMARY Finance Charge on your Account for Purchases, including new Purchases, by applying the monthly periodic rate to the "average daily balance" of each Purchase balance in your n In ease of Ertors or Questions About Your Bill - If you think your bill is wrong, or if you Inca more information about n transaction on your bill, write us (on separate sheet) at Account that is subject to periodic Finance Charges. Different rates may al Purchase used for BMW Card Services, P.O. Box 9210, Old Bethpage, NY 11804 as soon as possible. We promotions,ns,an annsofylateth Finance Charge h Fin o g(or o anys e,we cial pro motiala e musthearfromyounolaterthan60daysafterwesentyouthefirstbillonwhichtheerroror applying a diffeerent rent raate te t too s suc Ice balancceses). ).T T o get the "average p daily balance" promotions, problemappeared. You can telephone us. but doing sowill not preserveyour rights. Inyour such e alancee" " f foror each Purchase balance (which includes any unpaid Finance Charges attributable to Purchases letter, please give usthefollowing information: and fees from the previous billing cycle) we lake the beginning balance of Purchases for - Your name and account number. each day of the billing cycle. add any new Purchases, applicable unpaid finance charges - The dollar amount ofthesuspected error. from the prior billing cycle, and late fees, over limit charges, returned check charges, - Describe the error and explain. 9 you can, why you believe thereisanerror. returned draft charges, and credit insurance premiums or debt cancellation charges and - Ifyouneedmoreinformation ,describethehemyouareunsure about. any otherfees and charges, and subtract any applicable portions of payments and credits. You do not have to pay the amount in question while we are investigating, but you are still This gives us the daily balance. Then we add up all the daily balances for the billing cycle obligated to pay the parts of your bill that are not in question. White we investigate your and divide the total by the number of days in the billing cycle. This gives us the "average question, we cannot report you as delinquent ortake any action to collect the amount you daily balance ". For purposes of calculating Purchase balances, a Balance Transfer is question. deemed lobe a Purchase. The minimum FINANCE CHARGE on Purchases is $0.50. Special Rule for Credit Card Purchases- Ifyou have a problemwiththe quality ofgoods Balance Subject to Periodic Finance Charge for Cash Advances- We will figure the orservices that you purchased with a credit card and you have tried in good faith to correct Finance Charge on your Account for Cash Advances, including new Cash Advances by the problemwilh the merchant, you may not have to pay the remaining amount due on the adding together each "daily Finance Charge for Cash Advances" accrued during a billing $50 and pu was made in ou ate or t within 100 miles of y our mailing cycle on each Cash Advance balance in your Account. Different rates may be used for address. pfweownoroperatethemerohant, oritwemailedyoutheadvertisementtorthe different portions of your Cash Advance balance (for example, we may offer special Cash Advance promotions, and calculate the Finance Charge on any such special promotion property or services, all purchases are covered regardless of the amount or location of balances by applying a different rate to such balances). To determine the "daily Finance purchase.) Charge for Cash Advances" we apply the daily periodic rate to the "Cash Advance daily MISCELLANEOUS balance" for that day. To get the "Cash Advance daily balance ", we lake the beginning If there is a message on the front sidethat your Account is delinquent, this is an attempt to Cash Advance balance in your Account each day (which Includes any unpaid Finance collect adebtand any information obtained will be used forthat purpose. Charges attributable to Cash Advances from the previous billing cycle); we then add any new Cash Advances, any accrued but unpaid Finance Charges attributable to Cash YourCash Advance Limit is a portion ofyourTotal Credit Limit. Advances from the previous day or debits applied against Cash Advances for that day and 01AE5458. 13.08/07109 Important Information Order your 2009 BMW Card Year -End Summary today. Would you like to receive your 2009 BMW Card Year -End Summary? Order your copy today by calling 888 BMW CARD (888 269 2273). The cost is only $5. You must place your order by December 28, 2009. Your Year -End Summary provides a convenient overview of your account organized in functional categories such as merchandise /retail purchases, travel /lodging expenses, and cash advances. The more you use your card, the more useful the Year -End Summary becomes. Call and order your copy today. 5458 VEG 001 7 12 091019 0 N PAGE 2 of 2 10 5890 6000 1PLA OIAE5458 MARY MEHRPUYAN Account Number: 4858 Account Summary Balance Summary Credit Limit $10,750.00 Statement Closing Date November 17, 2009 Credit Available $2,768.65 Days During This Billing Cycle 29 Cash Advance Credit Limit $5,375.00 Previous Balance $7,911.34 Cash Advance Credit Available $57.00 Payments and Credits $300.00 Amount Over Credit Limit $0.00 Purchases and Other Charges $263.57 For customer service or Cash Advances $0.00 FINANCE CHARGES $106.44 to report a lost or stolen card: 888 269 2273 New Balance $7,981.35 Manage your account online: mybmwcard.com BMW Reward Points Payment Information Points Earned This Billing Cycle 112 Payment Due Date December 14, 2009 Points Redeemed This Billing Cycle 0 Amount Past Due $0.00 BMW Reward Points Available 4,120 Minimum Payment Due $226.00 For questions or to redeem points: 888 269 2273 Your BMW Card Some holiday cheer for them. And BMW Reward Points for you. Remember to use your BMW Card for all your holiday purchases. Transactions Date Posted Reference Number Description Credits ( -) Charges ( +) 11/11 11/11 24435659W5S8T8EAG PA PROF LICENSE RENEWAL 717 - 783 -9195 PA $35.00 11/12 11/12 24493989XJAPGF02F FOREVER21 #253 CAMP HILL PA $189.57 11/14 11/14 74147039ZOOXTMND3 PAYMENT -THANK YOU WOODBURY NY - $300.00 11/17 11/17 LATE FEE $39.00 Rate Information FINANCE CHARGES Balance Subject Average Daily Periodic Nominal Annual Due to Transaction to Finance Charge Balance Rate Percentage Rate Periodic Rate Fees Purchases $2,488.86 0.770% Monthly 9.24% $19.16 $0.00 Cash Advances $5,428.75 0.05544% Daily 20.24% $87.28 $0.00 ANNUAL PERCENTAGE RATE for Purchases including Balance Transfers: 9.240% ANNUAL PERCENTAGE RATE for Cash Advances: 20.240% If you have a variable rate account, your periodic rates may vary. 5458 VEG 001 7 12 091117 0 N PAGE 1 oft 1 0 5890 6000 1PLA OIAE5458 BMW CARD SERVICES Account New Past Minimum Payment PO BOX 5612 Number Balance Due Due Due HICKSVILLE NY 11802 -5612 4858 $7,981.35 $0.00 $226.00 12/14/2009 Amount Enclosed For added convenience, make your payment online at Change of address? Check here mybmwcard.com. and complete the reverse side. Make Payment to: MARY MEHRPUYAN BMW CARD SERVICES 35 DEVONSHIRE SQ PO BOX 5612 MECHANICSBURG PA 17050 -6878 HICKSVILLE NY 11802 -5612 III,I,,,,IIIIII „ I„ 11,1,1111„ I,I.I,,,I,I „ II,,,I1,111111,,,,1,1 I,I,IIIIII,,,II,I,IIII,I „ II.,,IIIII,I,,,II,I,111,1,1 „ 1,11111,1, INFORMATION ABOUT PAYMENTS any fees associated with Cash Advances, and we subtract any payments or credits Payments must be made by check or money order payable in U.S. dollars and drawn on a applied against Cash Advances for that day. At the end of the billing cycle, we add together U.S. institution. Payments received at the payment address shown on the front by Noon on the daily Finance Chargesfor Cash Advances foreach day of the billing cycle todetermine Business Days will be credited to your Account as ofthe date of receipt. Business Days are the Periodic Finance Charge for Cash Advances for that billing cycle. The average daily Monday through Friday, excluding holidays. Payments received at such address after balance of Cash Advances shown on the front of this statement may be multiplied by the Noon, or on a non - Business Day, will be credited as of the next Business Day, regardless number of days in the billing cycle, and the daily periodic rate applied to this product, to of payment due date. Payments may be subject to a delay in crediting of up to five days in determine theamount of periodic Finance ChargeforCash Advances forthe billing cycle. any of the following instances: 1) Payments not made as previously described in this CREDITAMOUNTS section; 2) Payments not received at the payment address shown on the front; or 3) Any credit balance on your Account indicated by a minus ( -) sign in the New Balance box Payments not accompanied by the remittance coupon portion of this statement. Please do on the front of this statement is money we owe you. You can make charges against this not send cash. Payments made electronically through our automated telephone service , amount orobtain a refund of the full amount by writing to us at BMW Card Services, P.O. Customer Service advisors. or our website will be subject to any processing times Box 9210, Old Bethpage NY 11804. Any amount remaining greater than $1 not charged disclosed forthose payments, against or refunded upon request will be refunded no laterthan 180 days from the date the When you provide a check as payment, you authorize us either to use information from credit balance was created. Credit will be applied to your previous balance immediately yourcheckto makes one -time electronic fund transferfrom youraccount ortoprocessthe upon receipt butwill not paya minimumpayment. payment as a check transaction. When we use information from your check to make an GRACE PERIOD electronic fund transfer, funds may be withdrawn from youraccount as soon as the same You will have a grace period of no less than 22 days before incurring a periodic Finance day we reoeiveyour payment, and you will not receive your check back from your financial Charge on Purchases ifyou payyour New Balance in full bythe Payment Due Date shown institution. on yourcurrent statement. We use the Average Daily Balance (including new purchases) If you have authorized us to pay your credit card bill automatically from your savings or method of computing the balance for Purchases. There is no grace period for balance checking account, you can stopthe paymenton anyamountyou think is wrong. Tostop the transfers, cash advances, or check transactions. payment your letter must reach us at least three business days before the automatic ACCOUNT INFORMATION REPORTEDTO CREDIT BUREAU payment is scheduled to occur. We may report information about your Account to credit bureaus. Late payments, missed BALANCES SUBJECTTO PERIODIC FINANCE CHARGE payments, or other defaults on your Account may be reflected in your credit report. If you We will calculate the balance subject to Finance Charge separately for Purchases and think we have reported inaccurate information to a credit bureau you may write to us at Cash Advances. BMW Card Services, P.O. Box 9210, Old Bethpage, NY 11804. Balance Subject to Periodic Finance Charge for Purchases - We will figure the BILLING RIGHTS SUMMARY Finance Charge on your Account for Purchases, including new Purchases, by applying In case of Errors or Questions About Your Bill - If you think your bill is wrong, or if you the monthly periodic rate to the "average daily balance" of each Purchase balance in your need more information about a transaction on your bill, write us (on a separate sheet) at Account that is subject to periodic Finance Charges. Different rates may be used for BMW Card Services, P.O. Box 9210, Old Bethpage, NY 11804 as soon as possible. We different portions of your Purchase balance (for example, we may offerspecial Purchase mu st hearfromyou no laterthan 60 days afterwe sentyouthefirst bill on whichtheerroror promotions. and calculatethe Finance Charge on anysuch special promotion balances by problem appeared. You cantelephone us, but doing sowili not preserve your rights, Inyour applying a different rate to such balances). To get the "average daily balance" for each letter, pleasegive usthefollowing information: Purchase balance (which includes any unpaid FinanceChargesaltributabletoPurchases _Your name and account number. and fees from the previous billing cycle) we take the beginning balance of Purchases for _ The dollar amount ofthe suspected error. eachdayofthe billing cycle, add any newPurchases, applicable unpaid finance charges _ Describe the error and explain, I you can, why you believe there is an error. from the prior billing cycle, and late fees, over limit charges, returned check charges, _ Ifyou need more information, describethe itemyou are unsure about. returned draft charges, and credit insurance premiums or debt cancellation charges and You do not have to pay the amount in question while we are investigating, but you are still any otherfees and charges, and subtract any applicable portions of payments and credits. obligated to pay the parts of your bill that are not in question. While we investigate your This gives us the daily balance. Then we add up all the daily balances for the billing cycle question, we cannot report you as delinquent ortake any action to collect the amount you and divide the total by the number of days in the billing cycle. This gives us the "average daily balance'. For purposes of calculating Purchase balances, a Balance Transfer is question. deemed to be a Purchase. The minimum FINANCE CHARGE on Purchases is $0.50. Special Rule for Credit Card Purchases - Ifyouhaveaproblemwiththequalityofgoods Balance Subject to Periodic Finance Charge for Cash Advances - We will figure the orservices that you purchased with a credit card and you have tried in good faith to correct Finance Charge on your Account for Cash Advances, including new Cash Advances by the problem with the merchant, you may not have to pay the remaining amount due on the adding together each "daily Finance Charge for Cash Advances" accrued during a bit ling goods or services.You have this protection only when the purchase price was more than cycle on each Cash Advance balance in your Account. Different rates may be used for $50 and the purchase was made in your home state or within 100 miles of your mailing different portions ofyourCash Advance balance (for example, we may offerspecial Ca sh address. (Ifwe own oroperate the merchant, or ffwe mailed you the advertisement for the Advance promotions, and calculate the Finance Charge on any such special promotion Property or services, all purchases are covered regardless of the amount or location of balances by applying a different rate to such balances). To determine the "daily Finance Purchase.) Charge for Cash Advances" we apply the daily periodic rate to the "Cash Advance daily MISCELLANEOUS balance' for that day. To get the "Cash Advance daily balance ", we take the beginning If there is a message on the front sidethalyourAccount is delinquent, this is an attempt to Cash Advance balance in your Account each day (which includes any unpaid Finance collect a debtand any information obtained will be used forthat purpose. Charges attributable to Cash Advances from the previous billing cycle); we then add any YourCash Advance Limit isa portion of yourTotal Credit Limit. new Cash Advances, any accrued but unpaid Finance Charges attributable to Cash Advances from the previous day or debits applied against Cash Advances for that day and 01AE5458 - 13 - 08/07109 Important Information Order your 2009 BMW Card Year -End Summary today. Would you like to receive your 2009 BMW Card Year -End Summary? Order your copy today by calling 888 BMW CARD (888 269 2273). The cost is only $5. You must place your order by December 28, 2009. Your Year -End Summary provides a convenient overview of your account organized in functional categories such as merchandise /retail purchases, travel /lodging expenses, and cash advances. The more you use your card, the more useful the Year -End Summary becomes. Call and order your copy today. 5458 VEG 001 7 12 091117 0 N PAGE 2 of 2 1 0 5890 6000 1 PLA 01AE5458 MARY MEHRPUYAN Account Number: 4858 Account Summary Balance Summary Credit Limit $10,750.00 Statement Closing Date December 17, 2009 Credit Available $2,646.91 Days During This Billing Cycle 30 Cash Advance Credit Limit $5,375.00 Previous Balance $7,981.35 Cash Advance Credit Available $57.00 Payments and Credits $250.50 Amount Over Credit Limit $0.00 Purchases and Other Charges $261.72 For customer service or Cash Advances $0.00 FINANCE CHARGES $110.52 to report a lost or stolen card: 888 269 2273 New Balance $8,103.09 Manage your account online: mybmwcard.com BMW Reward Points Payment Information Points Earned This Billing Cycle 131 Payment Due Date January 11, 2010 Points Redeemed This Billing Cycle 0 Amount Past Due $0.00 BMW Reward Points Available 4,251 Minimum Payment Due $192.00 For questions or to redeem points: 888 269 2273 Your BMW Card Some holiday cheer for them. And BMW Reward Points for you. Remember to use your BMW Card for all your holiday purchases. Transactions Date Posted Reference Number Description Credits ( -) Charges ( +) 11/24 11/24 2475542A84ERB6AZE SASSY LEMOYNE PA $158.00 12/01 12/01 2442733AFLYHSZXJ7 TUESDAY MORNING #0383 MECHANICSBURG PA $103.72 12/11 12/11 7414703ATOOXTMNDI PAYMENT -THANK YOU WOODBURY NY - $250.50 Rate Information FINANCE CHARGES Balance Subject Average Daily Periodic Nominal Annual Due to Transaction to Finance Charge Balance Rate Percentage Rate Periodic Rate Fees Purchases $2,723.59 0.770% Monthly 9.24% $20.97 $0.00 Cash Advances $5,384.46 0.05544% Daily 20.24% $89.55 $0.00 ANNUAL PERCENTAGE RATE for Purchases including Balance Transfers: 9.240% ANNUAL PERCENTAGE RATE for Cash Advances: 20.240% If you have a variable rate account, your periodic rates may vary. 5458 VEG 001 7 12 091217 0 N PAGE 1 of 1 0 5890 6000 1PLA OIAE5458 BMW CARD SERVICES Account New Past Minimum Payment PO BOX 5612 Number Balance Due Due Due HICKSVILLE NY 11802 -5612 858 $8,103.09 $0.00 $192.00 01/11/2010 Amount Enclosed For added convenience, make your payment online at E] Change of address? Check here mybmwcard.com. and complete the reverse side. Make Payment to: MARY MEHRPUYAN BMW CARD SERVICES 35 DEVONSHIRE SQ PO BOX 5612 MECHANICSBURG PA 17050 -6878 HICKSVILLE NY 11802 -5612 ..I.I.I. III,.. I. I,... 11,11111,,,1111111111,,,,1„ I,I,,,I,II I „ I. „ I,IIIIII,I „ ..II,. „ 11111,1111,1111,11111111 „ III INFORMATION ABOUT PAYMENTS any fees associated with Cash Advances, and we subtract any payments or credits Payments must be made by check or money order payable in U.S. dollars and drawn on a applied against Cash Advances for that day. At the end of the billing cycle, we add together U.S. institution. Payments received at the payment address shown on the front by Noon on the daily Finance Charges for Cash Advances for each day of the billing cycle to determine Business Days will be credited to your Account as of the date of receipt. Business Days are the Periodic Finance Charge for Cash Advances for that billing cycle. The average daily Monday through Friday, excluding holidays, Payments received at such address after balance of Cash Advances shown on the front of this statement may be multiplied by the Noon, or on a non - Business Day, will be credited as of the next Business Day, regardless number of days in the billing cycle, and the daily periodic rate applied to this product, to of payment due date. Payments may be subject to a delay in crediting of up to five days in determine the amount of periodic Finance Charge for Cash Advances forthe billing cycle, any of the following instances: 1) Payments not made as previously described in this CREDITAMOUNTS section; 2) Payments not received at the payment address shown on the front; or 3) Any credit balance on your Account indicated by a minus ( -) sign in the New Balance box Payments not accompanied bythe remittance coupon portion of this statement. Please do on the front of this statement is money we owe you. You can make charges against this not send cash. Payments made electronically through our automated telephone service, amount or obtain a refund of the full amount by writing to us at BMW Card Services, P.O. Customer Service advisors, or our website will be subject to any processing times Box 9210, Old Bethpage NY 11804. Any amount remaining greater than $1 not charged disclosed forthose payments. against or refunded upon request will be refunded no later than 180 days from the date the When you provide a check as payment, you authorize us either to use information from credit balance was created. Credit will be applied to your previous balance immediately your check to make a one -time electronic fund transferfromyouraccountorto process the upon receipt butwill not pays minimum payment. payment as a check transaction. When we use information from your check to make an GRACE PERIOD electronic fund transfer, funds may be withdrawn from your account as soon as the same You will have a grace period of no less than 22 days before incurring a periodic Finance day we receive your payment, and you will not receive your check back from your financial Charge on Purchases if you pay your New Balance in full by the Payment Due Date shown institution. on your current statement. We use the Average Daily Balance (including new purchases) If you have authorized us to pay your credit card bill automatically from your savings or method of computing the balance for Purchases. There is no grace period for balance checking account, you can stopthe paymenton any amount you think is wrong .Tostopthe transfers, cashadvanoes, or check transactions. payment your letter must reach us at least three business days before the automatic ACCOUNT INFORMATION REPORTEDTO CREDIT BUREAU payment is scheduled tooccur. We may report information about your Account to credit bureaus. Late payments, missed BALANCES SUBJECTTO PERIODIC FINANCE CHARGE payments, or other defaults on yourAocount may be reflected in your credit report. If you We will calculate the balance subject to Finance Charge separately for Purchases and think we have reported inaccurate information to a credit bureau you may write to us at Cash Advances. BMW Card Services, P.O. Box 9210, Old Bethpage, NY 11804. Balance Subject to Periodic Finance Charge for Purchases - We will figure the BILLING RIGHTS SUMMARY Finance Charge on your Account for Purchases, including new Purchases, by applying In case of Errors or Questions About Your Bill - If you think your bill is wrong, or if you the monthly periodic rate to the "average daily balance" of each Purchase balance in your Account that is subject to periodic Finance Charges. Different rates may be used for write rans need more information about a transaction on your bill, wr us (on a separate sheet) at s as p different portions of your Purchase balance (forexample, we may offerspecial Purchase BMW BMW Card Services, es, , P. P ertO. Box trans ox 9210, Old Old er Bethpage, hpage, NY rite u Y We 118as soon n as possible. ssible. We promotions, and calculatethe FinanceCharge on anysuch special promotion balances by musthear ard You terhan60afterw preserve your h our letter, e thefifirs as o whicheerro applying a different rate to such balances). To get the "average daily balance" for each problem appeared. You can telephone us Purchase balance (which includes any unpaid FinanceCharges attributableto Purchases Your name ustheowing information: nfo fo and fees from the previous billing cycle) we take the beginning balance of Purchases for _ Your name amount account number. suspected b err each day of the billing cycle, add any new Purchases, applicable unpaid finance charges _ Dedollaramountoftr. err ,wvether from the prior billing cycle, and late fees, over limit charges, returned check charges, _ need more scribroran explain, , if a error. n,w emyouare hyyou believether e is is an an returned draft charges, and credit insurance premiums or debt cancellation charges and any other fees and charges, and subtract any applicable portions of payments and credits. You do not have to pay the amount in question while we are investigating, but you are still This gives us the daily balance. Then we add up all the daily balances for the billing cycle obligated to pay the parts of your bill that are not e question. While we investigate your and divide the total by the number of days in the billing cycle. This gives us the "average question, we cannot report you as delinquent ortake any action to collect the amount you daily balance". For purposes of calculating Purchase balances, a Balance Transfer is question. deemedtobea Purchase. The minimum FINANCE CHARGE on Purchases is $0.50. Special Rule for Credit Card Purchases - Ifyouhaveaproblemwiththequalityofgoods Balance Subject to Periodic Finance Charge for Cash Advances - We will figure the orservices that you purchased with credit card and you have tried in good faith to correct Finance Charge on your Account for Cash Advances, including new Cash Advances by the problem with the merchant, you may not have to pay the remaining amount due on the adding together each "daily Finance Charge for Cash Advances" accrued during a billing g oods orservic s .Youh as a h w purch 00m ri e was our more cycle each Cash Advance balance in your o Different rates may be used for address. (Ifwe own oroperate the merchant, or if we mailed you the advertisement for the different nt portions of your Cash Advance balance (for example, exempla, we may offer special Cash property or services, all purchases are covered regardless of the amount or location of Advance promotions, and calculate the Finance Charge on any such special promotion balances by applying a different rate to such balances). To determine the "daily Finance purchase.) Charge for Cash Advances" we apply the daily periodic rate to the "Cash Advance daily MISCELLANEOUS balance" for that day. To get the "Cash Advance daily balance ", we take the beginning If there is a message on the front sidethat your Account is delinquent, this is an attempt to Cash Advance balance in your Account each day (which includes any unpaid Finance collect a debt and any information obtained will be used forthat purpose. Charges attributable to Cash Advances from the previous billing cycle); we then add any Your Cash Advance Limit is a portion of yourTotalCredit Limit. new Cash Advances, any accrued but unpaid Finance Charges attributable to Cash Advances from the previous day or debits applied against Cash Advances forthat day and O1AE5458 - 13 - 08107/09 Important Information Order your 2009 BMW Card Year -End Summary today. Would you like to receive your 2009 BMW Card Year -End Summary? Order your copy today by calling 888 BMW CARD (888 269 2273). The cost is only $5. You must place your order by December 28, 2009. Your Year -End Summary provides a convenient overview of your account organized in functional categories such as merchandise /retail purchases, travel /lodging expenses, and cash advances. The more you use your card, the more useful the Year -End Summary becomes. Call and order your copy today. 5458 VEG 001 7 12 091217 0 N PAGE 2 of 2 1 0 5890 6000 1PLA 01AE5458 MARY MEHRPUYAN Account Number: 4858 Account Summary Balance Summary Credit Limit $10,750.00 Statement Closing Date January 19, 2010 Credit Available $2,477.82 Days During This Billing Cycle 33 Cash Advance Credit Limit $5,375.00 Previous Balance $8,103.09 Cash Advance Credit Available $57.00 Payments and Credits $300.50 Amount Over Credit Limit $0.00 Purchases and Other Charges $325.47 For customer service or Cash Advances $0.00 FINANCE CHARGES $144.12 to report a lost or stolen card: 888 269 2273 New Balance $8,272.18 Manage your account online: mybmwcard.com BMW Reward Points Payment Information Points Earned This Billing Cycle 163 Payment Due Date February 16, 2010 Points Redeemed This Billing Cycle 0 Amount Past Due $0.00 BMW Reward Points Available 4,414 Minimum Payment Due $227.00 For questions or to redeem points: 888 269 2273 Your BMW Card We've added new security features to our website. Please visit www.mybmwcard.com and update your account. Once you set up the additional security questions, the rest of your online experience will remain the same. Enjoy the extra peace of mind that comes from knowing BMW Card Services is providing you with the highest level of security available from any computer you use. Transactions Date Posted Reference Number Description Credits ( -) Charges ( +) 12/31 12/31 2444500QH2H5Y3FOM WEGMANS #45 MECHANICSBURG PA $325.47 01/09 01/09 7414703QSOOXTMND4 PAYMENT -THANK YOU WOODBURY NY - $300.50 Rate Information FINANCE CHARGES Balance Subject Average Daily Periodic Nominal Annual Due to Transaction to Finance Charge Balance Rate Percentage Rate Periodic Rate Fees Purchases $2,822.92 1.104% Monthly 13.24% $31.15 $0.00 Cash Advances $5,377.25 0.06366% Daily 23.24% $112.97 $0.00 ANNUAL PERCENTAGE RATE for Purchases including Balance Transfers: 13.240% ANNUAL PERCENTAGE RATE for Cash Advances: 23.240% If you have a variable rate account, your periodic rates may vary. 5458 VEG 001 7 12 100119 0 N PAGE 1 of 1 10 5890 6000 1PLA 01AE5458 BMW CARD SERVICES Account New Past Minimum Payment PO BOX 5612 Number Balance Due Due Due HICKSVILLE NY 11802 -5612 4858 $8,272.18 $0.00 $227.00 02/16/2010 Amount Enclosed For added convenience, make your payment online at Change of address? Check here mybmwcard.com. and complete the reverse side. Make Payment to: MARY MEHRPUYAN BMW CARD SERVICES 35 DEVONSHIRE SQ PO BOX 5612 MECHANICSBURG PA 17050 -6878 HICKSVILLE NY 11802 -5612 .,I.,I „ 1111,1,,,III,111111,IIII„ II,I,II,IIIIII,I,I,II,I „ I „ .II ,II „ 11,11,.11, 1111„ IIIII,I,I,II„ I,I,.I „ .II.,I „ 1,,,,,,1,11,,, INFORMATION ABOUT PAYMENTS any fees associated with Cash Advances, and we subtract any payments or credits Payments must be made by check or money order payable in U.S. dollars and drawnona applied against Cash Advances for that day. At the end oflhebining cycle, weadd together U.S. institution, Payments receivedatlhe payment address shown onthe front by Noon on the daily Finance Charges for Cash Advances for each day of the billing cycle to determine Business Days will be credited to your Account as of the date of receipt. Business Days are the Periodic Finance Charge forCash Advances forlhat billing cycle. The average daily Monday through Friday, excluding holidays. Payments received at such address after balance of Cash Advances shown on the front of this statement may be multiplied by the Noon, crone non - Business Day, will be credhed as of the next Business Day, regardless number of days in the billing cycle, and the daily periodic rate applied to this product, to of payment due date. Payments may be subject to a delay in crediting of up to five days in determine theamount of periodic Finance ChargeforCash Advances forthe billing cycle. any of the following instances: 1) Payments not made as previously described in this CREDITAMOUNTS section; 2) Payments not received at the payment address shown on the front; or 3) Any credit balance on your Account indicated by a minus ( -) sign in the New Balance box Payments not accompanied by the remittance coupon portion of this statement. Please do on the front of this statement is money we owe you. You can make charges against this not send cash. Payments made electronically through our automated telephone service, amount or obtain a refund of the full amount by writing to us at BMW Card Services, P.O. Customer Service advisors, or ouur r we bsito will be subject to any processing times Box 9210. Old Bethpage NY 11804. Any amount remaining disclosedforthosepayments. g greaterthan $1 not charged against or refunded upon request will be refunded no later than 180 days from the date the When you provide a check as payment, you aulhorize us either to use information from credit balance was created. Credit will be applied to your previous balance immediately your check to make a one -time electronic fund translerfromyouraccountorto process the upon receipt but will not pays minimum payment. payment as a check transaction. When we use information from your check to make an GRACE PERIOD electronic fund transfer, funds may be withdrawn from your account as soon as the some You will have a grace period of no less than 22 days before incurring a periodic Finance day we receive Charge on Purchases if you pay your New Balance in full bythe Payment Due Date shown institution. tion. on your current statement. We use the Average Daily Balance (including new purchases) If you have authorized us to pay your credit card bill automatically from your savings or method of computing the balance for Purchases, There is no grace period for balance checking account, you can stopthe payment on any amount you think iswrong .Tosfopthe transfers, cash advances, or check transactions. payment your letter must reach us at least three business days before the automatic ACCOUNT INFORMATION REPORTEDTO CREDIT BUREAU payment is scheduled to occur. We may report information about your Account to credit bureaus. Late payments, missed BALANCES SUBJECTTO PERIODIC FINANCE CHARGE payments, or other defaults on your Account may be reflected in your credit report. If you We will calculate the balance subject to Finance Charge separately for Purchases and think we have reported Inaccurate information to a credit bureau you may write to us at Cash Advances. BMW Card Services, P.O. Box 921Q Old Bethpage, NY 11804. Balance Subject to Periodic Finance Charge for Purchases - We will figure the BILLING RIGHTS SUMMARY Finance Charge on your Account for Purchases, including new Purchases, by applying In case of Errors or Questions About Your Bill - If you think your bill is wrong, or if you the monthly periodic rate to the "average daily balance" of each Purchase balance in your i need more information about a transaction on your bill, write us (an a separate sheet) at Account that is subject to periodic Finance Charges. Different rates may al c used for BMW Card Services, P.O. Box 9210, Old Bethpage, NY 11804 as soon as Possible. We promoti ons.s.aannsofylate the Finance different (for example. FinChar o any such special pr motion special by must hearfrom you nolaterthan60 days af terwe sent you thefirst bill on which the emoror motierent rate t o such nce balances). T T o get the "average daily balance" for each ch problemappeared. You can telephone us. but doing sowill not preserveyour rights. Inyour applying a di to he aily and romt Purchase balance s b iude cycle) harges letter, please give usthe following information: or Yournameandaccountnumber. _ and fees ofthe a previous billing cycle) we take the beginning balance o Purchases for - each day of the billing cycle, add any new Puro rlimit harge,eturndfcheck The dollar amount ofihesuspected error. charge _ ror. from the prior billing cycle, and late fees, over limit charges, returned check charge Describethe error and explain, H you can, why you believe there isane s, _ If you need more information, describe the hem you are unsure about. returned draft charges, and credit insurance premiums or debt cancellation charges and You do not have to pay the amount in question while we are investigating, but you are still any otherfees and charges, and subtract any applicable portions of payments and credits. obligated to pay the parts of your bill that are not in question. While we investigate your This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the "average question, we cannot report you as delinquent ortake any action to collect the amount you daily balance". For purposes of calculating Purchase balances, a Balance Transfer is question. deemed to be a Purchase. The minimum FINANCE CHARGE on Purchases is $0.50. Special Rule for Credit Card Purchases - Ifyouhaveaproblemwiththequalityofgoods Balance Subject to Periodic Finance Charge for Cash Advances - We Will figure the or services that you purchased with a credit card and you havetried in good faith to correct Finance Charge on your Account for Cash Advances, including new Cash Advances by the problemwith the merchant, you may not have to pay the remaining amount due on the adding together each "daily Finance Charge for Cash Advances" accrued during a billing goods orservioes.You have this protection only when the purchase price was more than cycle on each Cash Advance balance in your Account. Different rates may be used for $50 and the purchase was made in your home state or within 100 miles of your mailing different portions of your Cash Advance balance (for example, we may offer special Cash address. (If we own or operate the merchant, or'rf we mailed you the advertisement torthe Advance promotions, and calculate the Finance Charge on any such special promotion property or services, all purchases are covered regardless of the amount or location of balances by applying a different rate to such balances). To determine the "daily Finance purchase.) Charge for Cash Advances" we apply the dally periodic rate tothe "Cash Advance daily MISCELLANEOUS balance" for that day. To get the "Cash Advance daily balance ", we take the beginning If there is a message on the front side that your Account is delinquent, this is an attempt to Cash Advance balance in your Account each day (which includes any unpaid Finance collect a debt and any information obtained will be used for that purpose. Charges attributable to Cash Advances from the previous billing cycle); we then add any Your Cash Advance Limit is a portion of yourTctal Credit Limit. new Cash Advances, any accrued but unpaid Finance Charges attributable to Cash Advances from the previous day or debits applied against Cash Advances for that day and 01 AE5458 - 13 - 08107/09 MARY MEHRPUYAN Account Number: 4858 Account Summary Balance Summary Credit Limit $10,750.00 Statement Closing Date February 16, 2010 Credit Available $2,313.18 Days During This Billing Cycle 28 Cash Advance Credit Limit $5,375.00 Previous Balance $8,272.18 Cash Advance Credit Available $57.00 Payments and Credits $0.00 Amount Over Credit Limit $0.00 Purchases and Other Charges $0.00 For customer service or Cash Advances $0.00 to report a lost or stolen card: 888 269 2273 Fees $39.00 Manage your account online: mybmwcard.com INTEREST CHARGED $125.64 New Balance $8,436.82 BMW Reward Points Payment Information Points Earned This Billing Cycle 0 Payment Due Date March 13, 2010 Points Redeemed This Billing Cycle 0 Amount Past Due $227.00 BMW Reward Points Available 4,414 Minimum Payment Due $476.00 For questions or to redeem points: 888 269 2273 If you make no You will pay off the And you will end up Late Payment Warning: If we do not receive your minimum additional charges balance shown on this paying an estimated payment by the payment due date, you may have to pay up to a using this card and statement in about ... total of .... $39.00 late fee and your APR's may be increased up to the Penalty each month you pay... APR of 27.24 %. Only the minimum 24 Years $22781.00 Minimum Payment Warning: If you make only the minimum payment payment each period, you will pay more in interest and it will take $313.00 3 Years $11270.00 you longer to pay off your balance. For example see table to right: ( Savings = $11511.00 If you would like information about credit counseling services, call 866 853 2227. Transactions Date Posted Reference Nmber Description Credits ( -) Charges ( +) Fees 02/16 02/16 LATE FEE $39.00 TOTAL FEES FOR THIS PERIOD $39.00 Interest Charged 02/16 02/16 INTEREST CHARGE ON PURCHASES $28.84 02/16 02/16 INTEREST CHARGE ON CASH ADVANCES $96.80 TOTAL INTEREST FOR THIS PERIOD $125.64 Year -to -Date Totals Total fees charged in 2010 $39.00 Total interest charged in 2010 $269.76 5458 VEG 002 7 12 100216 0 N D PAGE 1 of 2 10 5890 6000 1 PLA 01 AJ5458 BMW CARD SERVICES Account New Past Minimum Payment PO BOX 5612 Number Balance Due Due Due HICKSVILLE NY 11802 -5612 4858 $8,436.82 $227.00 $476.00 03/13/2010 Amount Enclosed For added convenience, make your payment online at Change of address? Check here mybmwcard.com. and complete the reverse side. Make Payment to: MARY MEHRPUYAN BMW CARD SERVICES 35 DEVONSHIRE SQ PO BOX 5612 MECHANICSBURG PA 17050 -6878 HICKSVILLE NY 11802 -5612 „ I,IIII „ I,I,,,,I,,,II,IIII,,, „ IIIIIII111,1,,,1„ II,I,IIII ,I...I,I..II.I.I.II, ICI ,II,II,,,,IIIII,,,II,IIII „ II,,, INFORMATION ABOUT PAYMENTS What To Do If You ThinkYou Find a Mistake On Your Statement Payments must be made by check or money order payable in U.S. dollars and If you think there is an error on your statement, write to us at: drawn on a U.S. institution. Payments received at the payment address shown on the front by 5 pm on any Processing Day (which is any business day, BMW Card Services excluding banking holidays) will be considered made on the date received. P.O. Box 9210, Old Bethpage, NY 11804 Payments may be subject to a delay in crediting of up to five days in any of the following instances: 1) Payments not made as previously described in this Inyourletter, give usthefollowing information: section; 2) Payments not received atthe payment address shown on the front; or — Account information: Your name and account number. 3) Payments not accompanied by the remittance coupon portion of this — Dollar amount: The dollar amount of the suspected error. statement. Please do not send cash. Payments made through our Customer — Description of problem: If you think there is an error on your bill, describe Service advisors or ourwebsite will be subject to any processing times disclosed whatyou believe is wrong and whyyou believe it is a mistake. for those payments. When you provide a check as payment, you authorize us either to use information from your check to make a one -time electronic fund You must contact us within 60 days after the error appeared on your statement. transfer from your account or to process the payment as a check transaction. If You must notify us of any potential errors in writing. You may call us, but if you you have authorized us to pay your credit card bill automatically from your do we are not required to investigate any potential errors and you may have to savings orchecking account, you can stop the payment on anyamountyou think paythe amount in question. is wrong. To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to occur. While we investigate whether or not there has been an error, the following are true: HOWTOAVOID PAYING INTERESTON PURCHASES /GRACE PERIOD — We cannot try to collect the amount in question, or report you as delinquent Yourdue date is at least 22 days afterthe close of each billing cycle. We will not on thatamount. chargeyou interest on Purchases if you payyourentire balance bythe due date — The charge in question may remain on your statement, and we maycontinue each month. We will begin charging interest on Cash Advances and Balance to charge you interest on that amount. But, if we determine that we made a Transfers on the transaction date. mistake, you will not have to pay the amount in question or any interest or otherfees related to that amount. BALANCES SUBJECTTO INTEREST RATE — While you do not have to pay the amount in question, you are responsible for We will f igure Interest on your Account by applying the daily periodic rate to the the remainder of your balance. "daily balance" on yourAccount foreach dayin the billing cycle, To getthe "daily — We can apply any unpaid amount against your credit limit. balance ", we take the beginning balance ofyourAccount each day add any new Purchases, Cash Advances, Balance Transfers, andlor applicable fees, and Your Rights If You Are Dissatisfied With Your Credit Card Purchases subtract any payments and /orcredits.This gives us the "daily balance. "The total If you are dissatisfied with the goods or services that you have purchased with Interest onyourAccountfora monthly billing cycle will be the sum of the Interest your credit card, and you have tried in good faith to correct the problem with the for Purchases, the Interest for Balance Transfers, and the Interest for Cash merchant, you may have the right not to pay the remaining amount due on the Advances(oranyminimum Interest charge), purchase. CREDITAMOUNTS To use this right, all of the following must be true: Any credit balance on your Account indicated by a minus ( -) sign in the New 1, The purchase must have been made in your home State or within 100 miles Balance box on the front of this statement is money we owe you. You can make of your current mailing address, and the purchase price must have been more charges againstithis amount orobtain a refund ofthe full amount bywriting to us than $50, (Note: Neither of these are necessary if your purchase was based at BMW Card Services, P.O. Box 9210, Old Bethpage, NY 11804. Any amount on an advertisement we mailed to you, or if we own the company that sold remaining greater than $1 not charged against or refunded upon request will be you the goods or services.) refunded no later than 180 days from the date the credit balance was created. 2. You must have used your credit card for the purchase. Purchases made with Creditwill be applied toyourprevious balance immediately upon receipt butwill cash advances from an ATM or with a check that accesses your credit card notpaya minimum payment. account do notqualify. 3. You must not yet have fully paid for the purchase. ACCOUNT INFORMATION REPORTED TO CREDIT BUREAU We may report information about your Account to credit bureaus. Late If all of the criteria above are met and you are still dissatisfied with the purchase, payments, missed payments, or otherdefaults on yourAccount may be reflected contact us inwriting at: in your credit report. If you think we have inaccurate information about you or may have reported or may report inaccurate information about you to a credit BMW Card Services bureau you may write to us at BMW Card Services, P.O. Box 9210, Old P.O. Box 9210, Old Bethpage, NY 11804 Bethpage, NY 11804. While we investigate, the same rules apply to the disputed amount as discussed MISCELLANEOUS above. Afterwefinish our investigation, we will tell you our decision. At that point, If there is a message on the front side thatyourAccount is delinquent, this is an if we think you owe an amount and you do not pay we may report you as attempt to collect a debt and any information obtained will be used for that delinquent. purpose. 01 AJ5458 - 3 - 01/06110 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account Annual Percentage Balance Subject to Type of Balance Rate(APR) Interest Rate Interest Charge Purchases 13.24 %(v) $2,841.66 $28.84 Cash Advances 23.24 %(v) $5,430.52 $96.80 (v) = Variable Rate Important Information WE HAVE NOT RECEIVED A PAYMENT ON YOUR BMW CARD. YOU CAN MAKE A PAYMENT TODAY BY VISITING THE BMW CARD CENTER AT MYBMWCARD.COM OR BY CALLING 1- 866 - 351 -0447. 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. We've added new security features to our website. Please visit www.mybmwcard.com and update your account. Once you set up the additional security questions, the rest of your online experience will remain the same. Enjoy the extra peace of mind that comes from knowing BMW Card Services is providing you with the highest level of security available from any computer you use. 5458 VEG 002 7 12 100216 0 N D PAGE 2 of 2 10 5890 6000 1 PLA 01AJ5458 MARY MEHRPUYAN Account Number: 4858 Account Summary Balance Summary Credit Limit $10,750.00 Statement Closing Date March 19, 2010 Credit Available $2,132.41 Days During This Billing Cycle 31 Cash Advance Credit Limit $5,375.00 Previous Balance $8,436.82 Cash Advance Credit Available $57.00 Payments and Credits $0.00 Amount Over Credit Limit $0.00 Purchases and Other Charges $0.00 For customer service or Cash Advances $0.00 to report a lost or stolen card: 888 269 2273 Fees $39.00 Manage your account online: mybmwcard.com INTEREST CHARGED $141.77 New Balance $8,617.59 BMW Reward Points Payment Information Points Earned This Billing Cycle 0 Payment Due Date April 13, 2010 Points Redeemed This Billing Cycle 0 Amount Past Due $476.00 BMW Reward Points Available 4,414 Minimum Payment Due $743.00 For questions or to redeem points: 888 269 2273 If you make no You will pay off the And you will end up Late Payment Warning: If we do not receive your minimum additional charges balance shown on this paying an estimated payment by the payment due date, you may have to pay up to a using this card and statement in about ... total of .... $39.00 late fee and your APR's may be increased up to the Penalty each month you pay... APR of 27.24 %. Only the minimum 24 Years $22809.00 Minimum Payment Warning: If you make only the minimum payment payment each period, you will pay more in interest and it will take $320.00 3 Years $11510.00 you longer to pay off your balance. For example see table to right: Savin s = $11299.00 1 If you would like information about credit counseling services, call 866 853 2227. Transactions Date Posted Reference Nmber Description Credits ( -) Charges ( +) Fees 03/19 03/19 LATE FEE $39.00 TOTAL FEES FOR THIS PERIOD $39.00 Interest Charged 03/19 03/19 INTEREST CHARGE ON PURCHASES $32.69 03/19 03/19 INTEREST CHARGE ON CASH ADVANCES $109.08 TOTAL INTEREST FOR THIS PERIOD $141.77 Year -to -Date Totals Total fees charged in 2010 $78.00 Total interest charged in 2010 $411.53 5458 VEG 002 7 12 100319 0 N D PAGE 1 of 2 1 0 5890 6000 1 PLA 01AJ5458 BMW CARD SERVICES Account New Past Minimum Payment PO BOX 5612 Number Balance Due Due Due HICKSVILLE NY 11802 -5612 858 $8,617.59 $476.00 $743.00 04/13/2010 Amount Enclosed For added convenience, make your payment online at Change of address? Check here mybmwcard.com. and complete the reverse side. Make Payment to: MARY MEHRPUYAN BMW CARD SERVICES 35 DEVONSHIRE SQ PO BOX 5612 MECHANICSBURG PA 17050 -6878 HICKSVILLE NY 11802 -5612 .II..II,I,II,,,,I,II, III,.. I. I... I,IIII,II,III,,,,,IIIIIII,I, IIII,,,,, II ,I,III,,,IIII,II,I,II1, „ II „ IIII111,1„ I,III INFORMATION ABOUT PAYMENTS What To Do If You Think You Find a Mistake On Your Statement Payments must be made by check or money order payable in U.S. dollars and If you think there is an error on your statement, write to us at: drawn on a U.S. institution. Payments received at the payment address shown on the front by 5 pm on any Processing Day (which is any business day, BMW Card Services excluding banking holidays) will be considered made on the date received. P.O. Box 9210, Old Bethpage, NY 11804 Payments may be subject to a delay in crediting of up to five days in any of the following instances: 1) Payments not made as previously described in this Inyourletter, give usthe following information: section; 2) Payments not received atthe payment address shown on the front; or — Account information: Your name and account number. 3) Payments not accompanied by the remittance coupon portion of this — Dollar amount: The dollar amount of the suspected error. statement. Please do not send cash. Payments made through our Customer — Description of problem: If you think there is an error on your bill, describe Service advisors orourwebsite will be subject to any processing times disclosed whatyou believe is wrong and whyyou believe it is a mistake. for those payments. When you provide a check as payment, you authorize us either to use information from your check to make a one -time electronic fund You must contact us within 60 days after the error appeared on your statement. transfer from your account or to process the payment as a check transaction, If You must notify us of any potential errors in writing. You may call us, but if you you have authorized us to pay your credit card bill automatically from your do we are not required to investigate any potential errors and you may have to savings orchecking account,you can stop the paymenton anyamountyou think paythe amount in question. is wrong. To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to occur. While we investigate whether or not there has been an error, the following are true: HOWTOAVOID PAYING INTERESTON PURCHASES /GRACE PERIOD — We cannot try to collect the amount in question, or report you as delinquent Yourdue date is at least 22 days afterthe close of each billing cycle. We will not on that amount. chargeyou interest on Purchases if you payyour entire balance bythe due date — The charge in question may remain on your statement, and we may continue each month. We will begin charging interest on Cash Advances and Balance to charge you interest on that amount. But, if we determine that we made a Transferson thetransaction date. mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. BALANCES SUBJECTTO INTEREST RATE — While you do not have to pay the amount in question, you are responsible for We will figure Interest on yourAccount by applying the daily periodic rate to the the remainderof your balance. "daily balance" on yourAccount foreach day in the billing cycle. To getthe "daily — We can apply any unpaid amount against your credit limit. balance ", we take the beginning balance of yourAccount each day add any new Purchases, Cash Advances, Balance Transfers, and/or applicable fees, and Your Rights If You Are Dissatisfied With Your Credit Card Purchases subtract anypayments and/orcredits. This gives us the "daily balance. "The total If you are dissatisfied with the goods or services that you have purchased with Interest on yourAccountfora monthly billing cycle will be the sum of the Interest your credit card, and you have tried in good faith to correct the problem with the for Purchases, the Interest for Balance Transfers, and the Interest for Cash merchant, you may have the right not to pay the remaining amount due on the Advances(oranyminimum Interest charge), purchase, CREDITAMOUNTS To use this right, all of the following must be true: Any credit balance on your Account indicated by a minus ( -) sign in the New 1. The purchase must have been made in your home State or within 100 miles Balance box on the front of this statement is money we owe you. You can make of your current mailing address, and the purchase price must have been more charges againstthis amount orobtain a refund of the f ull amount bywriting to us than $50. (Note: Neither of these are necessary if your purchase was based at BMW Card Services, P.O. Box 9210, Old Bethpage, NY 11804. Any amount on an advertisement we mailed to you, or if we own the company that sold remaining greater than $1 not charged against or refunded uponrequest will be you the goods or services.) refunded no later than 180 days from the date the credit balance was created. 2. You must have used your credit card for the purchase. Purchases made with Creditwill be applied toyour previous balance immediately upon receipt butwill cash advances from an ATM or with a check that accesses your credit card notpaya minimum payment. account do notqualify. 3. You must not yet have fully paid for the purchase. ACCOUNT INFORMATION REPORTED TO CREDIT BUREAU We may report information about your Account to credit bureaus. Late If all of the criteria above are met and you are still dissatisfied with the purchase, payments, missed payments, orother defaults on yourAccount may be reflected contact us in writing at: in your credit report. If you think we have inaccurate information about you or may have reported or may report inaccurate information about you to a credit BMW Card Services bureau you may write to us at BMW Card Services, P.O. Box 9210, Old P.O. Box 9210, Old Bethpage, NY 11804 Bethpage, NY 11804. While we investigate, the same rules apply to the disputed amount as discussed MISCELLANEOUS above. Afterwe finish our investigation, we will tell you our decision. At that point, If there is a message on the front side thatyour Account is delinquent, this is an if we think you owe an amount and you do not pay we may report you as attempt to collect a debt and any information obtained will be used for that delinquent. purpose. 01 AJ5458 - 3 - 01/06/10 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account Annual Percentage Balance Subject to Type of Balance Rate(APR) Interest Rate Interest Charge Purchases 13.24 %(v) $2,909.50 $32.69 Cash Advances 23.24 %(v) $5,527.32 $109.08 (v) = Variable Rate Important Information YOUR BMW CARD PAYMENT IS PAST DUE. YOU CAN MAKE A PAYMENT TODAY BY VISITING THE BMW CARD CENTER AT MYBMWCARD.COM OR BY CALLING 1- 866 - 351 -0447. We've added new security features to our website. Please visit www.mybmwcard,com and update your account. Once you set up the additional security questions, the rest of your online experience will remain the same. Enjoy the extra peace of mind that comes from knowing BMW Card Services is providing you with the highest level of security available from any computer you use. 5458 VEG 002 7 12 100319 0 N 0 PAGE 2 of 2 1 0 5890 6000 1PLA 01AJ5458 MARY MEHRPUYAN Account Number: 4858 Account Summary Balance Summary Credit Limit $10,750.00 Statement Closing Date April 18, 2010 Credit Available $0.00 Days During This Billing Cycle 30 Cash Advance Credit Limit $5,375.00 Previous Balance $8,617.59 Cash Advance Credit Available $0.00 Payments and Credits $0.00 Amount Over Credit Limit $0.00 Purchases and Other Charges $0.00 For customer service or Cash Advances $0.00 to report a lost or stolen card: 888 269 2273 Fees $39.00 Manage your account online: mybmwcard.com INTEREST CHARGED $140.06 New Balance $8,796.65 BMW Reward Points Payment Information Points Earned This Billing Cycle 0 Payment Due Date May 13, 2010 Points Redeemed This Billing Cycle 0 Amount Past Due $743.00 BMW Reward Points Available 4,414 Minimum Payment Due $1,011.00 For questions or to redeem points: 888 269 2273 If you make no You will pay off the And you will end up Late Payment Warning: If we do not receive your minimum additional charges balance shown on this paying an estimated payment by the payment due date, you may have to pay up to a using this card and statement in about .., total of .... $39.00 late fee and your APR's may be increased up to the Penalty each month you pay... APR of 27.24 %. Only the minimum 24 Years $22854.00 Minimum Payment Warning: If you make only the minimum payment payment each period, you will pay more in interest and it will take $326.00 3 Years $11747.00 you longer to pay off your balance. For example see table to right: ( Savings = $ 11107.00 If you would like information about credit counseling services, call 866 853 2227. Transactions Date Posted Reference Nmber Description Credits ( -) Charges ( +) Fees 04/18 04/18 LATE FEE $39.00 TOTAL FEES FOR THIS PERIOD $39.00 Interest Charged 04/18 04/18 INTEREST CHARGE ON PURCHASES $32.42 04/18 04/18 INTEREST CHARGE ON CASH ADVANCES $107.64 TOTAL INTEREST FOR THIS PERIOD $140.06 Year -to -Date Totals Total fees charged in 2010 $117.00 Total interest charged in 2010 $551.59 5458 VEG 002 7 12 100418 0 N D PAGE 1 of 2 10 5890 6000 1PLA 01AJ5458 BMW CARD SERVICES Account New Past Minimum Payment PO BOX 5612 umber Balance Due Due Due HICKSVILLE NY 11802 -5612 858 $8,796.65 $743.00 $1,011.00 05/13/2010 Amount Enclosed For added convenience, make your payment online at Change of address? Check here mybmwcard.com. and complete the reverse side. Make Payment to: MARY MEHRPUYAN BMW CARD SERVICES 35 DEVONSHIRE SQ PO BOX 5612 MECHANICSBURG PA 17050 -6878 HICKSVILLE NY 11802 -5612 ,, „ III,I,,,,III,,,,II,II,II, „ II,IIII,,,I„ II,I „ I,II,II I,III „ II „ IIIIIIII,,,,III,,I „ I,I,IIIII,III1,1111,1, INFORMATION ABOUT PAYMENTS What To Do If You ThinkYou Find a Mistake On Your Statement Payments must be made by check or money order payable in U.S. dollars and If you think there is an error on your statement, write to us at: drawn on a U.S. institution. Payments received at the payment address shown on the front by 5 pm on any Processing Day (which is any business day, BMW Card Services excluding banking holidays) will be considered made on the date received. P.O. Box 9210, Old Bethpage, NY 11804 Payments may be subject to a delay in crediting of up to five days in any of the following instances: 1) Payments not made as previously described in this Inyourletter, give usthefollowing information: section; 2) Payments not received atthe payment address shown on the front; or — Account information: Your name and account number. 3) Payments not accompanied by the remittance coupon portion of this — Dollar amount: The dollar amount of the suspected error. statement. Please do not send cash. Payments made through our Customer — Description of problem: If you think there is an error on your bill, describe Service advisors or ourwebsite will be subject to any processing times disclosed whatyou believe is wrong and whyyou believe it is a mistake. for those payments. When you provide a check as payment, you authorize us either to use information from your check to make a one -time electronic fund You must contact us within 60 days after the error appeared on your statement. transfer from your account or to process the payment as a check transaction. If You must notify us of any potential errors in writing. You may call us, but if you you have authorized us to pay your credit card bill automatically from your do we are not required to investigate any potential errors and you may have to savings orchecking account,you can stopthe paymenton anyamountyou think paytheamount in question. is wrong. To stop the payment your letter must reach us at least three business days beforetheautomatic paymentis scheduled to occur. While we investigate whether or not there has been an error, the following are true: H OWTO AVOID PAYING INTERESTON PURCHASES /GRACE PERIOD — We cannot try to collect the amount in question, or report you as delinquent Yourdue date is at least 22 days after the close of each billing cycle. We will not on that amount. chargeyou interest on Purchases if you payyour entire balance by the due date — The charge in question may remain on your statement, and we may continue each month. We will begin charging interest on Cash Advances and Balance to charge you interest on that amount. But, if we determine that we made a Transfers on the transaction date. mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. BALANCES SUBJECTTO INTEREST RATE — While you do not have to pay the amount in question, you are responsible for We will figure Interest on your Account by applying the daily periodic rate to the the remainderof yourbalance. "daily balance" on your Account for each day in the billing cycle. To get the "daily — We can apply any unpaid amount against your credit limit. balance ", we take the beginning balance of your Account each day add any new Purchases, Cash Advances, Balance Transfers, and /or applicable fees, and Your Rights If You Are Dissatisfied With Your Credit Card Purchases subtract any payments and /orcredits.This gives us the "daily balance. "The total If you are dissatisfied with the goods or services that you have purchased with Interest on yourAccount fora monthly billing cycle will be the sum of the Interest your credit card, and you have tried in good faith to correct the problem with the for Purchases, the Interest for Balance Transfers, and the Interest for Cash merchant, you may have the right not to pay the remaining amount due on the Advances(oranyminimum Interest charge). purchase. CREDITAMOUNTS To use this right, all of the following must be true: Any credit balance on your Account indicated by a minus ( -) sign in the New 1. The purchase must have been made in your home State orwithin 100 miles Balance box on the front of this statement is money we owe you, You can make ofyourcurrent mailing address, and the purchase price must have been more charges againstithis amountorobtain a refund of thefull amount bywriting to us than $50. (Note: Neitherof these are necessary if your purchase was based at BMW Card Services, P.O. Box 9210, Old Bethpage, NY 11804. Any amount on an advertisement we mailed to you, or if we own the company that sold remaining greaterthan $1 not charged against or refunded upon requestwill be you the goods or services.) refunded no later than 180 days from the date the credit balance was created. 2. You must have used your credit card for the purchase. Purchases made with Creditwill be applied toyour previous balance immediately upon receipt butwill cash advances from an ATM or with a check that accesses your credit card notpaya minimum payment. accountdo notqualify. 3. You must notyet have fully paid forthe purchase. ACCOUNT INFORMATION REPORTEDTO CREDITBUREAU We may report information about your Account to credit bureaus. Late If all of the criteria above are met and you are still dissatisfied with the purchase, payments, missed payments, orotherdefaults onyourAccount may be reflected contact us inwriting at: in your credit report. If you think we have inaccurate information about you or may have reported or may report inaccurate information about you to a credit BMW Card Services bureau you may write to us at BMW Card Services, P.O. Box 9210, Old P.O. Box 9210, Old Bethpage, NY 11804 Bethpage, NY 11804. While we investigate, the same rules apply to the disputed amount as discussed MISCELLANEOUS above. After we finish our investigation, we will tell you our decision. At that point, If there is a message on the front side thatyour Account is delinquent, this is an if we think you owe an amount and you do not pay we may report you as attempt to collect a debt and any information obtained will be used for that delinquent. purpose. 01 AJ5458 - 3 - 01/06110 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account Annual Percentage Balance Subject to Type of Balance Rate(APR) Interest Rate Interest Charge Purchases 13.24 %(v) $2,981.19 $32.42 Cash Advances 23.24 %(v) $5,636.40 $107.64 (v) = Variable Rate Important Information WE HAVE NOT RECEIVED THE AMOUNT PAST DUE ON YOUR BMW CARD. YOUR CHARGING PRIVILEGES HAVE BEEN REVOKED. PLEASE CALL 1- 866 -351 -0447 TO MAKE A PAYMENT BY PHONE OR DISCUSS ALTERNATE PAYMENT ARRANGEMENTS. Use your BMW Card and save 20% on any BMW Performance Driving School course. Call 888 345 4269 to make your reservation today 5458 VEG 002 7 12 100418 0 N D PAGE 2 of 2 1 0 5890 6000 1PLA OIAJ5458 MARY MEHRPUYAN Account Number: 4858 Account Summary Balance Summary Credit Limit $'0.750.00 Statement Closina Date Mav' 9. 20' 0 Credit Available $0,00 Days Durina This Billina Cvcle 3' Cash Advance Credit Limit $5,375,00 Previous Balance $8.796,65 Cash Advance Credit Available $0.00 Pavments and Credits $0.00 Amount Over Credit Limit $0,00 Purchases and Other Charges $0.00 For customer service or Cash Advances $0.00 to report a lost or stolen card: 888 269 2273 Fees $39.00 Manaae vour account online: mvbmwcard.com INTEREST CHARGED $'47.66 New Balance $8.983.3' BMW Reward Points Pavment Information Points Earned This Billina Cvcle 0 Pavment Due Date June '3. 20'0 Points Redeemed This Billing Cvcle 0 Amount Past Due $ 1 .0 11 .00 BMW Reward Points Available 0 Minimum Pavment Due $1.288.00 For auestions or to redeem points: 888 269 2273 If you make no You will oav off the And you will end u❑ Late Pavment Warnina: If we do not receive vour minimum additional charges balance shown on this ❑avino an estimated oavment by the pavment due date, you may have to oav uo to a using this card and statement in about ,,, total of $39,00 late fee and vour APR's may be increased un to the Penaltv each month you oav,,. APR of 27,24 %. Only the minimum 20 Years $8983.00 Minimum Pavment Warnina: If you make oniv the minimum Davment pavment each period. you will oav more in interest and it will take $250.00 3 Years 8983$0 you longer to pav off vour balance. For example see table to right: ISavinos - $0,001 If you would like information about credit counselina services. call 866 853 2227. Transactions Date Posted Reference Nmber Descriotion Credits l -) Charges l +1 Fees 05/'9 05/'9 LATE FEE $39.00 TOTAL FEES FOR THIS PERIOD $39.00 Interest Charaed 05/'9 051'9 INTEREST CHARGE ON PURCHASES $34.30 05/'9 05/'9 INTEREST CHARGE ON CASH ADVANCES $' ' 3.36 TOTAL INTEREST FOR THIS PERIOD $147.66 Year -to -Date Totals Total fees charged in 20' 0 $'56.00 Total interest charged in 20' 0 $699,25 5458 VEG 002 7 12 100519 0 N D PAGE 1 of 2 1 0 5890 6000 1 PLA OIAJ5458 BMW CARD SERVICES Account New Past Minimum Pavment PO BOX 5612 Number Balance Due Due Due HI CKSV ILLE NY 11802-5612 858 $8,983,3' $' ,0' "00 $'.288.00 06/13/2010 Amount Enclosed For added convenience, make your payment online at Chance of address? Check here mybmwcard.com. and complete the reverse side. Make Pavment to: MARY MEHRPUYAN BMW CARD SERVICES 35 DEVONSHIRE SQ PO BOX 5612 MECHANICSBURG PA 17050 -6878 HICKSVILLE NY 11802 -5612 I.I.I..I..II..I.II.I.I..III. III .,II.I,I.II.IIII.II,IIII.I,I II.I.. III. I,. I.. I., IIII.... I, IIII .III.I,III,I,.II..II.IIII. INFORMATION ABOUT PAYMENTS What To Do If You Think You Find a Mistake On Your Statement Pavments must be made by check or monev order oavable in U.S. dollars and Ifvou think there is an error on vour statement write to us at: drawn on a US. institution. Pavments received at the oavmen t address shown on the front by 5 om on anv Processinc Dav (which is anv business day. BMW Card Services excluding banking holidays) will be considered made on the date received. PO. Box 9210. Old Bethoace, NY 11804 Pavments may be subiect to a delav in crediting of uo to five days in anv of the following instances: 11 Pavments not made as oreviously described in this Invourletter ,aiveusthefollowinoinformation: section: 21 Pavments not receivedatthe oavment address shown on thefront: or — Account information: Your name and account number. 31 Pavments not accomoanied by the remittance couoon portion of this — Dollaramount: The dollar amount of the susoected error. statement. Please do not send cash. Pavments made through our Customer — Descriotion of problem: If vou think there is an error on vour bill. describe Service advisors or ourwebs ite will be sub iect to anv o rocessino times disclosed whatvou believe iswrono and whvvou believe itisamistake. for those oavments. When vou provide a check as oavment. vou authorize us either to use information from vour check to make a one -time electronic fund You must contact uswithin 60 days afterthe error appeared on vour statement. transferfrom vouraccountorto orocess the oavmentas a check transaction, If You must notifvusofanvootential errors inwritina .Youmavcallus. but ifvou vou have authorized us to oav vour credit card bill automaticalIv from vour dowe are notreauired to investicate anv ootential errors andvou mav have to savinosorcheckina account. voucanstoo the oavmentonanvamountvouthink oavtheamountinouestion, iswronc. Tostoo the oavmentvour letter must reach us at leastthree business days beforethe automatic oavmen t is scheduled to occur, While we investigate whether or not there has been an error, the following are true: HOWTOAVOID PAYING INTERESTON PURCHASESIGRACE PERIOD — We cannot trvto collect the amountincuestion .orreoortvouasdelincuent Yourdue date isatleast22daysafterthe close ofeachbillinocvcle ,Wewillnot on that amount. charoe vou intereston Purchases ifvou oavvourentire balance by the due date — The charae in ouestion may remain on vourstatement. and we may continue each month We will begin charcino interest on Cash Advances and Balance to charge vou interest on that amount. But. ifwe determine that we made a Transferson the transaction date. mistake. vou will not have to oav the amount in ouestion or anv interest or otherfees relatedtothatamount BALANCES SUBJECTTO INTEREST RATE — While vou do not have to oav the amount in ouestion. vou are responsible for We will ficurelnterestonvourAccountbvaoolvino the dailvoeriodic rate tothe the remainderofvour balance. " dailv balance" onvourAccount for each davinthe bill inc cvcle .ToOetthe "daily — We can aoolv anv unoaidamountaaainstvour credit limit. balance ". we take the beoinn in no balance of vou rAccoun t each dav add anv new Purchases. Cash Advances. Balance Transfers. and/or aoolicable fees. and YourRiahtslfYou Are Dissatisfied With YourCredit Card Purchases subtractanvoavmentsandlorcred its. This aivesusthe "cal lvbalance. "The total Ifvou are dissatisfied with the goods or services thatvou have purchased with InterestonvourAccountforamonthNbillinocvcle will bethesumofthelnterest vour credit card. and vou have tried ineood faith tocorrectthecroblemwiththe for Purchases. the Interest for Balance Transfers, and the Interest for Cash merchant. vou may have the right not to Dav the remaininc amount due on the Advances (oranvminimuminterestcharae). purchase. CREDITAMOUNTS To use this riaht. all of the following must be true: Anv credit balance on vour Account indicated by a minus ( -) sion in the New 1 . The purchase must have been made invour home State orwithin '00 miles Balance boxonthefrontofthis statement ismonevweowevou , You can make ofvourcurrentmailino address. and the ourchasecricemusthavebeenmore cha roes acainstthis amount orobtainarefundofthefull amount bvwritinetous than $50. (Note: Neitherofthese are necessarvifvourourchase was based at BMW Card Services. P.O. Box 9210, Old Bethoaoe. NY 11804. Anv amount on an advertisement we mailed to vou. or if we own the comoanv that sold remain ina create rthan$1 notcharaedaoainstor refunded uoonreeuestwilibe vouthe000dsorservices.) refunded no laterthan 180 days from the date the credit balance was created. 2. You must have used vour credit card for the purchase. Purchases made with Creditwill beaooliedtovourorevious balance immediatelvuoon receiotbutwill cash advances from an ATM or with a check that accesses vour credit card notoava m in im um oavment, account don ota ualifv. 3. You must not vet have fullv paid for the purchase. ACCOUNT INFORMATION REPORTED TOCREDIT BUREAU We may report information about vour Account to credit bureaus Late If all of the criteria above are met and vou are still dissatisfied with the purchase, oavments. mis sod oavments. orotherdefau Its on vou rAccountmavbereflected con tact usInwritinaat: in vour credit report. Ifvou think we have inaccurate information about vou or may have reported or may reoort inaccurate information aboutvou to a credit BMW Card Services bureau vou may write to us at BMW Card Services. P.O. Box 9210. Old P.O. Box9210.Old Bethoaoe. NY 11804 Bethoaoe. NY' 1804. Whilewe investigate. the same rules aoolvto the disouted amountas discussed MISCELLANEOUS above. Afterwe finish our investigation, we wilitell vou our decision. At that point. IfthereisamessaaeonthefrontsidethatvourAccountisdelincuertthisisan if we think vou owe an amount and vou do not oav we may report vou as attempt to collect a debt and anv information obtained will be used for that delincuent. ouroose. 01AJ5458- 3 - 0'/06/10 Interest Charae Calculation Your Annual Percentaae Rate (APR) is the annual interest rate on vour account Annual Percentaae Balance Subiect to Tvae of Balance Rate(APRI Interest Rate Interest Charae Purchases ' 3.24 %(vl 3,052.6' $34.30 Cash Advances 23.24 %(vl $5.744,04 $' ' 3,36 (vl — Variable Rate Imaortant Information YOUR BMW CARD ACCOUNT IS SERIOUSLY DELINQUENT, PLEASE SUBMIT A PAYMENT IMMEDIATELY, YOU CAN ALSO CONTACT US AT'-866-35'-0447 FOR PAYMENT SOLUTIONS. Use vour BMW Card on vacation to Dav for airline tickets. hotels, rental cars. meals and souvenirs at millions of locations worldwide. Remember, onlv the BMW Card allows you to earn exclusive BMW Reward Points. 5458 VEG 002 7 12 100519 0 N D PAGE 2 of 2 1 0 5890 6000 1PLA 01AJ5458 MARY MEHRPUYAN Account Number: 4858 Account Summary Balance Summary Credit Limit $'0.750.00 Statement Closing Date June ' 8, 20' 0 Credit Available $0.00 Days During This Billino Cvcle 30 Cash Advance Credit Limit $5.375.00 Previous Balance $8.983.3' Cash Advance Credit Available $0,00 Pavments and Credits $0.00 Amount Over Credit Limit $0.00 Purchases and Other Charges $0.00 For customer service or Cash Advances $0,00 to report a lost or stolen card: 888 269 2273 Fees $0.00 Manaoe vour account online: mvbmwcard.com INTEREST CHARGED $0,00 New Balance $8.983.3' BMW Reward Points Pavment Information Points Earned This Blllina Cvcle 0 Pavment Due Date Julv' 3, 20'0 Points Redeemed This Billino Cvcle 0 Amount Past Due $'.288.00 BMW Reward Points Available 0 Minimum Pavment Due $1.378.00 For questions or to redeem points: 888 269 2273 If you make no You will oav off the And you will end uo Late Pavment Warnina: If we do not receive vour minimum additional charoes balance shown on this oavino an estimated oavment by the Davment due date. you may have to oav uo to a usino this card and statement in about ••• total of.... $39,00 late fee and vour APR's may be increased uo to the Penaltv each month you oay... APR of 27.24 %. Only the minimum 9 Years $8983.00 Minimum Pavment Warnina: Ifvou make onlvthe minimum oavm Davment each period. you will oav more in interest and it will take 250.00 3 Years $898300 you lonaer to oav off vour balance. For example see table to riaht: ISavinos - $0.001 Ifvou would like information about credit counseling services, call 866 853 2227. Transactions Date Posted Reference Nmber Description Credits f-1 Charges( +l Fees TOTAL FEES FOR THIS PERIOD $0.00 Interest Charaed 06/'8 061'8 INTEREST CHARGE ON PURCHASES To .00 061'8 06/'8 INTEREST CHARGE ON CASH ADVANCES $0,00 TOTAL INTEREST FOR THIS PERIOD $0.00 Year -to -Date Totals Total fees charaed in 20' 0 $'56.00 Total interest charaed in 20' 0 $699.25 5458 VEG 002 7 12 100618 0 N D PAGE 1 of 2 1 0 5890 6000 1 PLA OIAJ5458 BMW CARD SERVICES Account New Past Minimum Pavment PO BOX 5612 Number Balance Due Due Due HICKSVILLE NY 11802 -5612 858 $8,983.3' $',288.00 $',378,00 07/13/2010 Amount Enclosed For added convenience, make your payment online at �Chanaeofaddress? Check here mybmwcard.com. and complete the reverse side, Make Pavment to: MARY MEHRPUYAN BMW CARD SERVICES 35 DEVONSHIRE SQ PO BOX 5612 MECHANICSBURG PA 17050 -6878 HICKSVILLE NY 11802 -5612 III ..IIII1.11.1,.111.1...1.11.. 1111111..111111 .I.I.IIIII.IIII ,I,,,I,II,IIII..I...I. 111111.. I. ...IIII.I..I..I,I.I..I.I.... INFORMATION ABOUT PAYMENTS What To Do If You Think You Find a Mistake On Your Statement Pavments must be made by check or monev order oavable in U.S, dollars and If vou think there is an error on vour statement. write to us at: drawn on a U.S. institution. Pavments received at the Davment address shown on the front by 5 om on anv Processing Dav (which is anv business dav, BMW Card Services excluding banking holidaysl will be considered made on the date received. P.O. Box9210.Old Bethoaae, NY11804 Pavments may be subiect to a delav in crediting of uo to five days in anv of the following instances: 11 Pavments not made as oreviously described in this Invourletter .aiveusthefollowinoinformation: section: 2) Pavmen Is not received atth e oavment address shown onth efront: or - Account information: Your name and account number. 31 Pavments not accompanied by the remittance coupon portion of this - Dollaramount: The dollar amountof the susoected error statement. Please do not send cash. Pavments made through our Customer - Descriotion of problem: If vou think there is an error on vour bill. describe Service advisors orourwebsite will be sub iectto anv orocessino times disclosed whatvou believe iswrono and whvvoubelieveitisamistake. for those oavments. When vou provide a check as oavment. vou authorize us either to use information from vour check to make a one -time electronic fund You must contact uswithin 60 days afterthe error appeared on vour statement. transferfromvouraccountortoorocess the oavmentasa check transaction. If You must notifvusofanvootential errors in writina.You mavcallus, but ifvou vou have authorized us to oav vour credit card bill automaticalN from vour dowe are notreauired to investigate anv ootential errors andvou may have to savinosorcheckinc account. voucanstoo the oavmentonanvamouniithink oavtheamountinauestion. swrona, To stop the oavmentvour letter must reach us at leastthree business days before the automatic oavmen t is scheduled to occur. While we investioate whether or not there has been an error. the following are true: HOWTOAVOIDPAYINGINTER EST ONPURC HAS ES /G RACE PERIOD - We can not t ry to col le ct t he am oun t i n a uestion. o r reoo rt vo u as del in cue nt You rdue date isatI east 22 days after the close OfeachbiIIinccvc le, WewilInot onthatamount, charoe vou intereston Purchases ifvou oavvourentire balance by the due date - The charge in question may remain on vour statement. and we may continue each month. We will begin charcina interest on Cash Advances and Balance to charae vou interest on that amount. But, ifwe determine that we made a Transferson the transaction date. mistake. vou will not have to Dav the amount in question or anv interest or otherfees related tothatamount, BALANCES SUBJECTTO INTERESTRATE - While vou do not have to oavthe amount in question. vou are responsible for WewillfiaurelnterestonvourAccountbvaoolvina the dailvoeriodic rate tothe the remainder ofvour balance. " dailvbalance" onvourAccountfor each davinthebillinocvcle .Toaetthe "dailv - We can aoolv anv unoaid amount aaainstvour credit limit, balance ". wetake thebeainnina balance ofvour Account each davaddanvnew Purchases. Cash Advances. Balance Transfers, and/or aoolicable fees. and Your RiahtslfYou Are Dissatisfied With You rCredit Card Purchases subtractanvoavmenIsandlorcred its. This aivesusthe "dailvbalance. "The total Ifvou are dissatisfied with the goods or services thatvou have purchased with InterestonvourAccountfora monthlvbillina cvcle will bethesum ofthelnterest vourcredit card. and vou have tried in good faith to correctthe problem with the for Purchases. the Interest for Balance Transfers. and the Interest for Cash merchant. vou may have the right not to oav the remaining amount due on the Advances (ora nv mi ni mum I me res tc ha roe), o urch ase, CREDITAMOUNTS To use this right. all of thefollowina must be true: Anv credit balance on vour Account indicated by a minus (A sign in the New 1 . The purchase must have been made in vour home State orwithin '00 miles Balance box on the frontofthis statement is monevwe owe vou, You can make ofvourcurrentmailino address, and the ourchaseorice must have been more cha roes acainst this amount or obtain a refund ofthefull amount bvwritincto us than $50. (Note: Neitherofthese are necessary ifvour ourchase was based at BMW Card Services, P.O, Box 9210. Old Bethoaae, NY 11804. Anvamount on an advertisementwe mailed to vou. or if we own the comoanv thatsold remain in a create rthan$1 not charcedaaainstor refunded u oonrecuestwillbe vou the aoodsorservices.) refunded no later than 180 days from the date the credit balance was created. 2. You must have used vour credit card for the purchase. Purchases made with Creditwillbeaooliedtovourorevious balance immediatelvuoonreceiotbutwill cash advances from an ATM or with a check that accesses vour credit card notoavaminimum oavment. accountdonotoualifv. 3. You must notvet have fully paid forthe purchase. ACCOUNT INFORMATION REPORTED TO CREDIT BUREAU We may report information about vour Account to credit bureaus. Late Ifall of the criteria above are met and vou are still dissatisfied with the purchase, oavments. missed oavments, orotherdefaultsonvourAccountmavbereflected contact us inwritino at: in vour credit report. Ifvou think we have inaccurate information about vou or may have reported or may reoort inaccurate information aboutvou to a credit BMW Card Services bureau vou may write to us at BMW Card Services. P.O. Box 9210. Old P.O. Box 9210, Old Bethoaae, NY 11804 Bethoaae. NY' 1804. Whilewe investigate. the same rules aoolvtothe disputed amountas discussed MISCELLANEOUS above. Afterwe finish our investigation. we willtell vou ourdecision. Atthat point. IfthereisamessaaeonthefrontsidethatvourAccountisdelinauent ,thisisan if we think vou owe an amount and vou do not oav we may reoort vou as attempt to collect a debt and anv information obtained will be used for that delinquent. ouroose. OiAJ5458- 3- 0'/06110 Interest Charae Calculation Your Annual Percentaae Rate (APR) is the annual interest rate on vour account Annual Percentaae Balance Subiect to Tvae of Balance Rate(APR) Interest Rate Interest Charae Purchases ' 3.24 %(v) $0.00 $0.00 Cash Advances 23.24 %(v) $0.00 $0.00 (v) — Variable Rate Important Information PREVENT ADDITIONAL NEGATIVE ACTION ON YOUR PAST DUE BMW CARD ACCOUNT BY CALLING '-866-35'-0447 TODAY TO DISCUSS ALTERNATE PAYMENT ARRANGEMENTS. Eniov the summer! Use vour BMW Card on vacation to Dav for airline tickets, hotels, rental cars, meals and souvenirs at millions of locations worldwide. Remember. only the BMW Card allows you to earn exclusive BMW Reward Points. 5458 VEG 002 7 12 100618 0 N D PAGE 2 of 2 1 0 5890 6000 1 PLA 01AJ5458 MARY MEHRPUYAN Account Number: 4858 Account Summary Balance Summary Credit Limit $'0;750.00 Statement Closina Date July' 9, 20'0 Credit Available $0.00 Days During This Billing Cvcle 3' Cash Advance Credit Limit $5.375.00 Previous Balance $8.983.3' Cash Advance Credit Available $0.00 Pavments and Credits $0.00 Amount Over Credit Limit $0.00 Purchases and Other Charges $0.00 For customer service or Cash Advances $0.00 to report a lost or stolen card: 888 269 2273 Fees $0.00 Manaae vour account online: mvbmwcard.com INTEREST CHARGED $0.00 New Balance $8.983.3' BMW Reward Points Pavment Information Points Earned This Billina Cvcle 0 Pavment Due Date Auaust '3, 20' 0 Points Redeemed This Billina Cvcle 0 Amount Past Due $'.378.00 BMW Reward Points Available 0 Minimum Pavment Due $1.468.00 For auestions or to redeem ooints: 888 269 2273 If you make no You will oav off the And you will end uo Late Pavment Warnina: If we do not receive vour minimum additional charges balance shown on this cavino an estimated Pavment by the Davment due date. you may have to nav uo to a usino this card and statement in about,., total of.... $39.00 late fee and vour APR's may be increased uo to the Penaltv each month you oay.., APR of 27.24 %. Only the minimum 9 Years $8983.00 Minimum Pavment Warnina: If you make only the minimum oavment Davment each oeriod. you will Dav more in interest and it will take $250,00 3 Years 8983$0 you lonaer to Dav off vour balance. For example see table to riaht: ISavinas - $0.001 1 If you would like Information about credit counseling services, call 866 853 2227, Transactions Date Posted Reference Nmber Description Credits l -1 Charoes f +l Fees TOTAL FEES FOR THIS PERIOD $0.00 Interest Charaed 11 071'9 INTEREST CHARGE ON PURCHASES $0.00 071'9 07/'9 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 Year -to -Date Totals Total fees charoed in 20' 0 $'56.00 Total interest charaed in 20' 0 $699.25 5458 VEG 002 7 12 100719 0 N D PAGE 1 of 2 1 0 5890 6000 1 PLA 01AJ5458 BMW CARD SERVICES Account New Past Minimum Pavment PO BOX 5612 umber Balance Due Due Due HI CKSV I LLE NY 11802-5612 14 858 $8.983.3' $'.378.00 $'.468.00 08/13/2010 Amount Enclosed For added convenience, makeyour payment onlineat �Chanaeofaddress? Check here mybmwcard.com. and complete the reverse side. Make Pavment to: MARY MEHRPUYAN BMW CARD SERVICES 35 DEVONSHIRE SQ PO BOX 5612 MECHANICSBURG PA 17050 -6878 HICKSVILLE NY 11802 -5612 I „ .II.. II I.I. I 1.11111 II III I IIIII I II III IIII III III I III II III III.. ..... II III I I. I I INFORMATION ABOUT PAYMENTS What To Do If You ThInkYou Find a Mistake On Your Statement Pavments must be made by check or monev order oavable in U.S, dollars and If vou think there is an error on vour statement, write to us at: drawn on a U.S. institution, Pavments received at the oavment address shown on the front by 5 om on anv Processing Dav (which is anv business day. BMW Card Services excluding banking holidays) will be considered made on the date received. P.O. Box9210 Old Bethoaae. NY 11804 Pavments may be subject to a delav in crediting of uo to five days in anv of the following instances: 1) Pavments not made as oreviousIv described in this Invourletter .aiveusthefollowinainformation: section: 21 Pavmen ts not received atth e oavmentaddress shown onthefront:or - Account information: Your name and account number. 31 Pavments not accompanied by the remittance coupon portion of this - Dollar amount: The dollar amount of the s usoected error statement. P(ease do not send cash. Pavments made through our Customer - Description of problem: If vou think there is an error on vour bill. describe Service advisors orourwebsite will besubiecttoanvorocessino times disclosed whatvou believe iswrono and whvvou believe it is a mistake. for those oavments. When vou provide a check as cavment. vou authorize us either to use information from vour check to make a one -time electronic fund You must contact uswithin 60 days afterthe error aooeared on vour statement. transferfrom vour account orto orocess the oavment as a check transaction. If You must notifv usofanv ootential errors in writina. You mavcall us. but ifvou vou have authorized us to oav vour credit card bill automaticalIv from vour do we are notreauired to investigate anv potential errors and vou may have to savings orcheckino account. voucanstoo the oavmentonanvamountvouthink oavthe amount incuestion. iswrona. To stop the Davmentvour letter must reach us at leastthree business days beforethe automatic oavment isscheduled tooccur While we investigate whether or not there has been an error. the following are true; HOWTOAVOID PAYING INTERESTON PURCHASES/GRACE PERIOD - We cannot trvtocollectthe amount incuestion .orreoortvouasdelinauent You rclue date is at Ieast22 daysafterthe close ofeach billing cvcle, We willnot onthatamount. charge vou intereston Purchases ifvou oavvourentire balance bv the due date - The charge in cuestion mav remain on vourstatement. and we mav continue each month. We will begin charging interest on Cash Advances and Balance to charge vou interest on that amount. But. ifwe determine thatwe made a Transferson the transaction date. mistake. vou will not have to oav the amount in question or anv interest or otherfees related tothat amount. BALANCES SUBJECTTO INTEREST RATE - While vou do not have to oav the amount in question, vou are responsible for We will ficurelnterestonvourAccount ova colvino the dailvoeriodic rate tothe the remainderofvour balance, " dailvbalance" onvourAccount for each davinthe bill inocvcle .Tooet the "daily - We can aooN anv unoaidamountaaainstvour credit limit, balance ". we take the beoinn no balance ofvou rAccount each dav add anv new Purchases. Cash Advances. Balance Transfers, and/or aoolicable fees, and Your RiahtslfYou Are DissatisfiedWithYourCredit Card Purchases subtractanvoavmentsand lorcredits,Thisaivesusthe "dailv balance, "Thetotal If vou are dissatisfied with the goods or services thatvou have purchased with InterestonvourAccountfora month Nbillinacvcle will bethesumof the Interest vour credit card. and vou have tried in good faith to correct the croblem with the for Purchases. the Interest for Balance Transfers. and the Interest for Cash merchant. vou may have the right not to gav the remaining amount due on the Advances (ora nv mi ni mu m I me res tc ha rae). o urch ase, CREDITAMOUNTS To use this right, all of the following must betrue: Anv credit balance on vour Account indicated by a minus ( -) sign In the New I . The purchase must have been made in vour home State orwithin '00 miles Balance boxonthefrontofthis statement ismonevweowevou . You can make ofvourcurrentmailina address. and the ourchase orice musthavebeen more cha roes against this amou ntor obtain arefund ofthefull amount bvwritinc to us than $50.( Note: Neitherofthese are necessarvifvourourchase was based at BMW Card Services, P.O Box 9210. Old Bethoaae. NY0 804. Anvamount on an advertisement we mailed to vou. or if we own the comoanv that sold remain inoareaterthan$I notcharaedaaainstor refunded uoonreouestwillbe vouthe coods or services.) refunded no laterthan 180 days from the date the credit balance was created. 2. You must have used vour credit card for the purchase. Purchases made with Creditwill beaoDliedtovouroreviousbalanceimmediatelvuoon receiotbutwill cash advances from an ATM or with a check that accesses vour credit card notoava minimum pavment, account don otcualifv 3. You must notvet have fully oaid for the Durchase. ACCOUNT INFORMATION REPORTED TO CREDIT BUREAU We may report information about vour Account to credit bureaus. Late If all of the criteria above are met and vou are still dissatisfied with the purchase. Pavments, missed oavments. orotherdefaults onvourAccountmavbe reflected contact us inwritino at: in vour credit report. Ifvou think we have inaccurate information about vou or may have reported or may report inaccurate information aboutvou to a credit BMW Card Services bureau vou may write to us at BMW Card Services, P.O. Box 9210, Old P.O, Box 9210. Old Bethoaae. NY 11804 Bethoaae. NY' 1804. While we investigate. the same rules aoDlvto the disputed amount as discussed MISCELLANEOUS above. After we finish our investigation. wewillto I vou our docisi on. At that ooint. If there is amessaoeon the front side that vourAccountisdelin cue nt .thisisan if we think vou owe an amount and vou do not oav we may reoort vou as attempt to collect a debt and anv information obtained will be used for that delinquent. Duroose. 01 AJ5458 - 3 - 0'106110 Interest Charae Calculation Your Annual Percentaae Rate (APR) is the annual interest rate on vour account Annual Percentaae Balance Subiect to Tvoe of Balance Rate(APRI Interest Rate Interest Charae Purchases '3,24%(v) $0.00 $0.00 Cash Advances 23.24 %(vl `50.00 $0.00 (v) —Variable Rate Imoortant Information WE ARE STILL WILLING TO WORK WITH YOU TO STRUCTURE ALTERNATE PAYMENT ARRANGEMENTS, PLEASE CALL '-866-35'-0447 TODAY TO PREVENT ADDITIONAL NEGATIVE ACTION ON YOUR BMW CARD, Eniov the summer! Use vour BMW Card on vacation to oav for airline tickets, hotels. rental cars, meals and souvenirs at millions of locations worldwide. Remember. only the BMW Card allows you to earn exclusive BMW Reward Points, 5458 VEG 002 7 12 100719 0 N D PAGE 2 of 2 1 0 5890 6000 1 PLA 01AJ5458 MARY MEHRPUYAN Account Number: 4858 Account Summary Balance Summary Credit Limit $'0.750.00 Statement Closino Date Auaust ' 6. 20'0 Credit Available $0.00 Days Durina This Billing Cvcle 28 Cash Advance Credit Limit $5.375.00 Previous Balance $8.983.3' Cash Advance Credit Available $0.00 Pavments and Credits $8983.3' Amount Over Credit Limit $0.00 Purchases and Other Charaes $0.00 For customer service or Cash Advances $0.00 Fees $0.00 to report a lost or stolen card: 888 269 2273 Manage vour account online; mvbmwcard.com INTEREST CHARGED $0.00 New Balance $0.00 BMW Reward Points Pavment Information Points Earned This Billina Cvcle 0 Pavment Due Date Auaust 25. 20'0 Points Redeemed This Billino Cvcle 0 Amount Past Due $0.00 BMW Reward Points Available 0 Minimum Pavment Due $0.00 For auestions or to redeem Doints: 888 269 2273 If you make no You will oav off the And you will end uo Late Pavment Warnina: If we do not receive vour minimum additional charges balance shown on this oavino an estimated oavment by the oavment due date. you may have to oav uo to a using this card and statement in about ... total of $39,00 late fee and vour APR's may be increased uo to the Penaltv each month you oay.. APR of 27,24 %. Only the minimum '9 Years $8983.00 Minimum Pavment Warnina: If you make only the minimum oavment Davment each period, you will oav more in interest and it will take 250.00 - 3 Years $8983,00 you longer to oav off vour balance, For example see table to right; lSavinos - $0.001 If you would like information about credit counseling services. call 8668532 227. Transactions Date Posted Reference N mber Description Credits l -1 Charoesl +l 08/'6 08/' 6 F589000KL00999990 CHARGE OFF ACCOUNT - PRINCIPALS $8.'28,06- $0.00 081'6 08/'6 F589000KL00999990 CHARGE OFF ACCOUNT FINANCE CHARGES $855.25- $0.00 Fees TOTAL FEES FOR THIS PERIOD 0.00 Interest Charoed 08/'6 081' 6 INTEREST CHARGE ON PURCHASES $0.00 081'6 081' 6 INTEREST CHARGE ON CASH ADVANCES $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 Year -to -Date Totals Total fees charaed in 20' 0 $'56. Total interest charoed in 20' 0 $699.25 5458 VEG 002 5 21 100816 0 N D PAGE 1 of 2 1 0 5890 6000 1 PLA 01AJ5458 BMW CARD SERVICES Account New Past Minimum Pavment PO BOX 5612 Number Balance Due Due Due HICKSVILLE NY 11802 -5612 4858 $0.00 $0.00 $0.00 08/25/2010 Amount Enclosed For added convenience, make your payment online at El Change of address? Check here mybmwcard.com. and complete the reverse side, Make Pavment to: MARY MEHRPUYAN BMW CARD SERVICES 35 DEVONSHIRE SQ PO BOX 5612 MECHANICSBURG PA 17050 -6878 HICKSVILLE NY 11802 -5612 I. II. I. I. . IIIIII. IIII.,,. I. .III111,1111..11..11,1 ,IIIIIIIIII „ IIIIIII1111111111111 .III INFORMATION ABOUT PAYMENTS What To Do If You Think You Find a Mistake On Your Statement Pavments must be made by check or monev order savable in U.S. dollars and If vou think there is an error on vour statement, write to us at: drawn on a US. institution. Pavments received atthe oavmentaddress shown on the front by 5 om on anv Processinc Dav (which is anv business day. BMW Card Services excluding bankino holidays) will be considered made on the date received. P.O. Box 9210. Old Bethoace. NY 11804 Pavments may be subiect to a delav in crediting of uo to five days in anv of the following instances: 1) Pavments not made as oreviousIv described in this Invourletter, oive usthefollowino information: section: 2) Pavments not received atithe oavmentaddress shown on thefront: or — Account information: Your name and account number. 3) Pavments not accompanied by the remittance coupon portion of this — Dollar amount: The dollar amount of the susoected error, statement. Please do not send cash. Pavments made through our Customer — Descriotion of problem: If vou think there is an error on vour bill. describe Service advisors orourwebsitewillbesubiectto anv orocessino times disclosed whatvou believe iswroncand whvvou believe it is a mistake. for those oavments, When vou provide a check as oavment, vou authorize us either to use information from vour check to make a one -time electronic fund You must contact uswithin 60 days afterthe error aooeared on vour statement. transferfrom vour accountor to orocess the oavrnent as a check transaction. If You must notifvusofanvootential errors inwritina .Youmavcall us. but ifvou vou have authorized us to oav vour credit card bill automaticallv from vour do we are not required to investiaate anv potential errors and vou may have to savinasorcheckino account. voucan stoo the oavmenton anvamountvou think oavthe amount in cuestion. iswronc. To stop the oavmentvour letter must reach us at leastthree business daysbeforetheautomatic oavment isscheduled tooccur, While we investiaate whether or not there has been an error. the following are true: HOWTOAVOID PAYING INTERESTON PURCHASESIGRACE PERIOD — We cannot trvto collect the amount in cuestion. or reoortvou as delincuent Yourclue date is at least22 daysafterthe close ofeach billino cvcle, We will not onthatamount, charge vou intereston Purchases ifvou oavvourentire balance by the due date — The charce in ouestion may remain on vourstatement, and we may continue each month. We will begin charcina interest on Cash Advances and Balance to charge vou interest on that amount. But. if we determine that we made a Transferson the transaction date. mistake. vou will not have to oav the amount in auestion or anv interest or othe rfees related to that amou nt. BALANCES SUBJECTTO INTEREST RATE — While vou do not have to oavthe amount in cuestion. vou are responsible for WewillficurelnterestonvourAccountbvaoolvino the dailvoeriodic rate tothe the remainder ofvourbalance. " dailvbalance" on vour Account for each davinthebillinocvcle .Tocetthe "daily — We can aoolv anv unoaid amount acainstvour credit limit. balance ". we take the becinninc balance ofvou r Account each davadd anv new Purchases. Cash Advances. Balance Transfers. and/or aoolicable fees. and Your Riahts IfYou Are Dissatisfied With YourCredit Card Purchases subtract anvoavmentsand /orcred its. This aivesusthe "dailvbalance "Thetotal Ifvou are dissatisfied with the coods or services that vou have purchased with InterestonvourAccountforamonthlvbillinccvcle will bethesumoftheInterest vour credit card. and vou have tried in cood faith to correct the croblem with the for Purchases. the Interest for Balance Transfers. and the Interest for Cash merchant. vou may have the richt not to oav the remainina amount due on the Advances(oranvminimum Interestcharce). purchase, CREDITAMOUNTS To use this richt. all of the following must be true: Anv credit balance on vour Account indicated by a minus W sion in the New 1 . The purchase must have been made in vour home State orwithin 100 miles Balance box on the front of this statement is monevwe owe vou, You can make ofvourcurrent mailinc address, and the ourchase price must have been more cha roes aoainst this amountorobtain a refund ofthefu 11 amount bvwritino to us than $50. (Note: Neitherof these are necessary ifvour ourchase was based at BMW Card Services. P.O Box 9210, Old Bethoace. NY 11804. Anv amount on an advertisement we mailed to vou. or if we own the comoanv that sold remain inooreaterthan$1 not charoed acainst or refunded uoon reauestwill be vou the coods or services.) refunded no later than 180 days from the date the credit balance was created. 2. You must have used vour credit card for the purchase. Purchases made with Creditwillbeaooliedtovourorevious balance immediatelvuoonreceiotbutwill cash advances from an ATM or with a check that accesses vour credit card notoava min imum oavment, accountdonotoualifv. 3. You must not vet have fully oaid for the purchase. ACCOUNT INFORMATION REPORTEDTO CREDIT BUREAU We may report information about vour Account to credit bureaus. Late If all of the criteria above are met and vou are still dissatisfied with the purchase, oavments. missed oavments. or other defau Its on vou rAccount mav be reflected contact usinwritinaat: in vour credit report. If vou think we have inaccurate information about vou or may have reported or may report inaccurate information aboutvou to a credit BMW Card Services bureau vou may write to us at BMW Card Services. P.O. Box 9210. Old P.O. Box9210.Old Bethoace. NY 11804 Bethoace. NY 11804. While we investiaate. the sa me rules aooly to the disputed amou nt as discussed MISCELLANEOUS above. Afterwe finish our investication. we will tell vou ourdecision. At that Doint. Ifthere is amessaae on thefront side thatvourAccount is delincuent. this is an if we think vou owe an amount and vou do not oav we may report vou as attempt to collect a debt and anv information obtained will be used for that delincuent. ouroose. 01 AJ5458 - 3 - 01/06110 Interest Charae Calculation Your Annual Percentaoe Rate (APR) is the annual interest rate on vour account Annual Percentaae Balance Subiect to Tvoe of Balance Rate(APRI Interest Rate Interest Charae Purchases ' 3.24 %(v) $0.00 $0.00 Cash Advances 23.24 0 /o(v) $0.00 $0.00 (v) — Variable Rate Imaortant Information 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. Remember to use the BMW Card for all of vour evervdav ourchases. Because when it comes to earnino BMW Reward Points. only one card counts. 5458 VEG 002 5 21 100816 0 N D PAGE 2 of 2 1 0 5890 6000 1PLA 01AJ5458 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4.G sat;, u1 cithogr, tr ivHE PRO f i0 O Jody S Smith Chief Deputy 2014 FEB f 9 PM 3 10 Richard W Stewart Solicitor s CUMSERLANO COUNTY PENNSYLVANIA New Century Financial Services, Inc. vs. Case Number Mary A. Mehrpuyan 2014-147 SHERIFF'S RETURN OF SERVICE 02/06/2014 02:58 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Andi Oyler,who accepted as "Adult Person in Charge"for Mary A. Mehrpuyan at 5121 EAST TRINDLE RD, Hampden Township, Mechanicsburg, PA 17050. RONALD HOOVER, DEPUTY SHERIFF COST: $84.50 SO ANSWERS, February 11, 2014 RONNY R ANDERSON, SHERIFF P&P File Number M307959 PRESSLER AND PRESSLER, LLP Attorney for Plaintiff BY: Francis X. Grimes, Esquire I.D.#62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 NEW CENTURY FINANCIAL SERVICES, INC. Suite 104 110 S. Jefferson Road Whippany, NJ 07981 Plaintiff VS. MARY MEHRPUYAN 35 Devonshire Square Mechanicsburg, PA 17050 Defendant(s) Z:IJklsi 0 An I 0 P 2: 1 01113ERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-LAW NO. 14-147 Civil PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter Judgment by Default in favor of the Plaintiff, New Century Financial Services, Inc., and against the Defendant(s), Mary Mehrpuyan, for failure to Answer the Civil Action Complaint. Assess Plaintiffs damages in the sum of $9,359.73 (Principal $8,983.31 plus costs of $376.42 Jn accordance with the prayer of the Complaint. DATE: it( FRANOES X. GRIMES, ESQUIRE D.bcc t4\cLoeiA W).S-L5ct 60tUe& /C—CTI AFFIDAVIT OF NON MILITARY SERVICE Francis X. Grimes, Esquire, being duly sworn according to law, deposes and says: (a) That the Defendant(s) is /are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; (b) That Defendant, Mary Mehrpuyan, is an adult individual and resides at 35 Devonshire Square, Mechanicsburg, PA 17050. (c) That Defendant, , is an adult individual and resides at Affiant has ascertained the foregoing information by personal investigation and makes this Affidavit in due authority; and he understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn falsification to authorities. NEW CENTURY FINANCIAL COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION -LAW vs. MARY MEHRPUYAN Defendant(s) NO. 14 -147 Civil CERTIFICATION UNDER PA. R.C.P. 237.1 Francis X. Grimes, Esquire, Attorney for Plaintiff, New Century Financial, Services, Inc., certifies that he sent a copy of the attached Notice on March 12, 2014 by regular mail, to the Defendant(s) at the address at which the Defendant(s) was/were served with legal process at the address indicated by the docket entries in this matter. DATE: Lt(/ ti CIS X. GRIMES, ESQUIRE NEW CENTURY FINANCIAL SERVICES, INC. Plaintiff vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW MARY MEHRPUYAN NO. 14 -147 Civil Defendant(s) TO: Mary Mehrpuyan 35 Devonshire Square Mechanicsburg, PA 17050 Date: March 12, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 (717) 249 -3166 FRANCIS X. GRIMES, ESQUIRE, Attorney for Plaintiff Pressler and Pressler, LLP 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 p NAME AND ADDRESS CERTIFICATION I hereby request the Prothonotary to enter the within judgment against: Mary Mehrpuyan 35 Devonshire Square Mechanicsburg, PA 17050 defendant(s) within named, the last named address of the defendant or defendants being as shown above, and I hereby certify that the precise address of the Judgment Creditor is: New Century Financial Services, Inc. Suite 104 110 S. Jefferson Road Whippany, NJ 07981 (Signature requiredd)for ing) Plaintiff