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HomeMy WebLinkAbout06-6673Helene B. Raush, Esq. Bar No: 60140 Stewart & Associates, P.C. P.O. Box 2629 Suwanee, GA 30024 (866) 990-9968 phone (678) 684-4975 fax CREDIGY RECEIVABLES INC., ) Plaintiff, ) VS. ) CARYN MYERS, ) Defendant. ) CUMBERLAND COUNTY COURT OF COMMONS PLEAS TRIAL DIVISION Civil Action No.: O 4 - (° (I q'3 Arbitration Matter Assessment of Damages Hearing Not Required NOTICE To: CARYN MYERS 418 KENT DR MECHANICSBURG, PA 17055-5529 Cw-d- -1 -e,. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose Helene B. Raush, Esq. Bar No: 60140 Stewart & Associates, P.C. P.O. Box 2629 Suwanee, GA 30024 (866) 990-9968 phone (678) 684-4975 fax CREDIGY RECEIVABLES INC., ) Plaintiff, ) vs. ) CARYN MYERS, ) Defendant. CUMBERLAND COUNTY COURT OF COMMONS PLEAS TRIAL DIVISION Civil Action No.: Arbitration Matter Assessment of Damages Hearing Not Required AVISO To: CARYN MYERS 418 KENT DR MECHANICSBURG, PA 17055-5529 Usted ha sido demandado en el Tribunal. Si usted desea defender contra los reclamos expuso en las paginas siguientes, usted debe tomar medidas dentro de veinte (20) dias despues que esta Queja y la nota son servidas entrando una apariencia escrita personalmente o por abogado y clasificaci6n a escribir con el tribunal sus defnsas o las objecciones a los reclamos exponen contra usted. Usted es advertido que si usted falls de hacer asi, el caso puede avanzar sin usted y un juicio puede ser entrado contra usted por el tribual sin sota adicional para cualquier dinero reclamado en la queja o para cualquier otro reclamo o el alivio solicitados por el Demandante. Usted puede perder dinero o propiedad u otros derechos importantes a usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO NI NO PUEDE PROPORCIONAR UNO, IR A NI TELEFONEAR LA OFICINA EXPUSO DEBAJO DE AVERIGUAR DONDE USTED PUEDE OBTENER AYUDA LEGAL. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Helene B. Raush Bar No: 60140 Stewart & Associates, P.C. P.O. Box 2629 Suwanee, GA 30024 (866) 990-9968 phone (678) 684-4975 fax CREDIGY RECEIVABLES INC., ) Plaintiff, ) VS. ) CARYN MYERS, ) Defendant. ) CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DIVISION Civil Action No.: <9 to - t, (- 7 C`'t i,,- Arbitration Matter Assessment of Damages Hearing Not Required COMPLAINT Plaintiff asserts the following cause of action against Defendant: COUNTI (BREACH OF CONTRACT) 1. CREDIGY RECEIVABLES INC. ("Plaintiff'), is a corporation organized and existing under and by virtue of the laws of the State of Nevada, having its principal place of business located at 2877 Paradise Road, Suite 303, Las Vegas, Nevada 89109. Plaintiff is the owner of the account that is the subject matter of this action. 2. CARYN MYERS ("Defendant") resides at 418 KENT DR, MECHANICSBURG, PA 17055-5529, located in Cumberland County. 3. Defendant requested an extension of credit from Discover Card ("Original Creditor") on a credit card account ("Account"), specifically account number 6011-0025-3061-2779, and by use of the account Defendant became bound by the terms in the account agreement, an exemplary copy of which is attached hereto as Exhibit "A." 4. Original Creditor assigned all right, title and interest in and to the Account to FIRST SELECT ("Prior Creditor"), which Account was thereafter designated by Prior Creditor as account number 4168-1000-2182-1358. Prior Creditor sent an account agreement to Defendant referencing and incorporating the terms and conditions of the account agreement issued by Original Creditor. An exemplary copy of the account agreement sent by Prior Creditor is attached hereto as Exhibit "B." 5. Prior Creditor duly assigned and transferred to Plaintiff all of its right, title and interest in and to account number 4168-1000-2182-1358. Plaintiff remains the holder and owner of the Account now referenced as account number 10187360 and is the successor in interest to the terms and conditions relating thereto. 6. Plaintiff has exercised its right pursuant to the terms of said account agreement to accelerate the time for payment of the entire balance due and owing by Defendant to Plaintiff. 7. The amount now due and owing is the sum of $1,942.90 together with accrued pre- judgment interest of $2,057.71 calculated at the rate of 18.00% per annum calculated using the average daily balance method, compounded monthly from December 31, 2001 as evidenced by the Statement of Account attached hereto as Exhibit "C." 8. Plaintiff presented the Account in writing to Defendant demanding payment, but payment for the just amount owing has not been tendered. By reason of Defendant's failure and refusal to pay the balance in accordance with the terms of the account agreement(s), Plaintiff has suffered damages in the sum of $1,942.90 together with accrued pre judgment interest of $2,057.71 calculated at the rate of 18.00% per annum calculated using the average daily balance method, compounded monthly from December 31, 2001, plus attorney fees of $388.58 which may be permitted by contract or which are otherwise permitted by applicable law. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $1,942.90 together with accruing pre judgment interest of $2,057.71 calculated at the rate of 18.00% per annum calculated using the average daily balance method, compounded monthly from December 31, 2001, plus reasonable attorney fees of $388.58 which may be permitted by contract or which are otherwise permitted by applicable law, and all collection and court costs. COUNT II - ALTERNATIVE (UNJUST ENRICHMENT/QUANTUM MERUIT) 9. Plaintiff hereby incorporates paragraphs 1 through 8 above as though set forth in full. 10. Defendant received a monetary benefit of $1,942.90, which was in fact appreciated by Defendant. 11. Defendant accepted the benefits of a credit account issued. 12. By virtue of the circumstances surrounding the request for funds made, Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 13. It would be inequitable for this Court to allow Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of Plaintiff or allow Defendant to retain the value of the funds at issue without repaying Plaintiff the value of same. 14. In accordance with the law, there is interest due at the highest statutory rate per annum permitted by law from December 31, 2001. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $1,942.90 together with accruing pre judgment interest at the highest statutory rate per annum permitted by law from December 31, 2001, and costs of this action. Respectfully submitted this 0 day of 00V' , 20 C(-, /?4 & A4- Helene B. Raush Bar No: 60140 Stewart & Associates, P.C. P.O. Box 2629 Suwanee, GA 30024 (866) 990-9968 phone (678) 684-4975 fax VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.CS § 4904 relating to unworn falsification to authorities, that he/she, AMANDA SANDAGE, is duly authorized to execute this affidavit on behalf of the Plaintiff, CREDIGY RECEIVABLES INC. The Affiant has reviewed the business records of the Plaintiff kept in the normal course of business, as pertaining to Defendant, CARYN MYERS, and the facts set forth in the foregoing Complaint are true and correct based on information and belief. CREDIGY RECEIVABLES INC. BY: J, - - Date: November 02, 2006 Amanda Sandage, AFF1194 EXHIBIT A DISCS , CLASSIC IMPOR ANT INFORMATJON ABOUT YOUR ACCOUNT CARDMFMBER AGREEMENT The terms and conditions of your Account including how we calculate finance charges, our fees and an Arbitration of Disputes section..... SEE RRGES I - 11 PRIVACY POLICY A summary of the personal informatim-e colln% when it may be shared with others, how we safeguard the Wnfiidential'rty and security o5 information and the stops you may take to omit our sharing .of such information with others ......... 5EE PALM 12 - IS BILLING RIGiTS Important infornration about ymw right and out responsibilities under the Fair Credit Billing Act .... . ............... .._.....SEEPAGES 15- 26 CASHEACK BONUS' TERMS AM COMMONS The terms and conditions of the Cashback Bonus' award program, including a description of how we calculate -ft award and how it is paid ............ .............................SEE PAGES 1S-IS CERTIFICATE OF INSURANCE The terms and wndit = of the Scheduled Air Travel Accident Insurance that is provided at no dsarge to you when you use your Card to purchase airline ticket; ....................... SEE PASE5 Is - ZD CARDMEMBER AGREEMENT please road this Agraement carduliy before using your Discover' Card Account It comp ns the terms and cha ged from yourilat ma erials rovided to you m-yln the event of any dNiamnces, this Agreement shall control. We our privy See ft P6=y Section on page B and our Pnvyaq' PoBc3? oorr additional hsfoirnation. wa?ro f a n mbber rights it uding .hit right to a jury trial. CARDMEMBER AGREEMENT Ann MprtTerms ............................. 2 tant of Agreement ....................... e Ac 2 p c Use of Your Account ........................... 2 Authorized Users .............................. 2 Unauthorixed Use . • . • ............. • .. • 2 Credit Limit-Avallable Credit ..................... 3 Promise to Pay .. .... ........................ 3 Monthly Billing Statement ....................... 3 Monthly Payment Opdons ....................... 3 Minimum Monthly Payment ..................... 4 Cmdk Balances, ............................... 4 Balance Tmnsfats .............................. 4 KriamFe Charges.. ............................. 4 Periodic Finahm Charges ........................ 3 Cash Advance TretsactIon Fee Finance Charges ...... 7 Balance Transfer Transaction Fee Finance Charges .... 7 MJnlfnurn Finante Charge ....................... 7 Returned Check Fee. .. • • .. • • ..... • ... • 7 Returned Discover Card Check Fee ................ 7 stop Payment Fee ............................. 7 Late Fee . .................................... B Pay-by-Phone Fee .............................. S Research Fee ................................. OVarllmltFee........................... ...... $ Default, QmJeratldri-{A.Jie6on Costs .............. 8 Cancellation .................................. e B it Authorhations .......................... Credi Change of Terms ...................... 9 Change of A Assignmentof Account ........................ ID Arbitration of Disputes ........................ 10 Compliance with interest Rate U-Its io.......... .11 Govertimg Lew .............................. .11 -1- 0 2001 Discover Bank, Member FDIC 904002.0801 AGREEMENT TERms. The word 'Account' means your Discover Card Account The word 'Card' means any one or more Discover Cards issued,to you ar someone else-With your authorization. The words .'you'.. your. at 'yours' refer to, in addition to ym the Cardmember, any other person or persons who are also contractually liable -.under: this Agreement. The Words 'we*, 'us" and'our° refer to Discover Bank, the issuer of your Discover Card, The,words 'Authorized User' mean arty person whom you authorize to use your Account or a card, whether you notify us or not. The words "Pridng Schedule' mean the document accompanying your Gard and listing the Finance Charge rates that apply to your Account, The Pricing Schedule is part of this Agreement ACCEPTANCE OF AGREEMENT. The use of your Account or a Card by you or an Autheeized User, or your failure to cancel your Account within 30 days after receiving a Card, means you accept this Agreement, including the Arbitration of Disputes provision on page M. USE OF YOUR ACCOUNt Your Account may be used for, • Purchases . to purchase or lease goods or services from participating merdharra by preseming. your Card or Account number. • Cash Advances - to obtain cash advances from participating automated teller madrinek 'flnandal institutions or .other locirftru, or by means of checks which we may furnish to you, all in accordance with such add)tdonad terse and conditions as may be Imposed nom time to time. Balance Transfers - to'oarider balances from other creditors or to make other transactions by means of balance transfer coupons or checks, in accordance with such additional terms and conditions as we may offer from time to time. in addition, your Account may be used to guararrtet reservations at participating establishments. You will be liable for guaranteed reservations that are riot canceled prior to the time specified by the establishment your Account may be used for personal, famfig household and chw table purposes Your Account 9nay not be used to obtain loans to purchase, carry or trade in securities, or to pay any amount you owe under this Agreement ('Prohibited Transaaions•). Prior to '113 use, each Card must be signed by the person to whom it i5 issued we are not resporadble for the rtfusal of anyone to accept or honor a Card or to accept dada that vve have provided you. You must return any card or unused checks to us upon request. AMORIZED USERS. If you wart to cancel the authority of a current Amhorixed'User to use your Account or a Card, you must notify us in writing of by telephone and destroy any card in that persdn's possession. None of your rights under this Agreement (other than to pay amoatNs owed) may be exercised by any person not a party to this Agreemerit acting putsuarrt to .a power of attorney, without out separate wrdtttn agreement (which we are not obiioated to give). URALM40RIZED USE. If a Card is lost or stolen, or if you think that someone is using your Account or a Card without your permission, notify in Immediately. You can notify us by -2 - telephoning 1-BOD-DISCOVER (1 800 3d7-26B3), or by writing DISCOVER CARD, PD Box 15156, VAimington, DE-198136-1002. You agree to assist us in determining the faCa relating to any theft or possible unauthorized use of your Account or a Card and to comply with such procedures as we may require in connection with our investigation. CREDIT LIMIT AVAILABLt CREDM Wit-will advise you of your Account credit limit We may impose a lower limit-that will applytocash advances, referred to as the cash advance credit limit You agree not to allow your unpaid balance, including Finance Charges and ices to exceed your Account credit limit if you exceed your Account credit limit, we may request immediate payment of the, amount by which you exceed your Account credit limit v4e may increase or decrease your Account credit limit or your cash advance-credit Rmit without notice. The credit available for your use may, from time-to-time, be less than your Account credit limit For purposes of determining your available aedlt, we reserve the right w postpone for up to 15 business days reducing your unpaid balances by the amount of-any payment that we receive. Your available credit will not be intmesed by the amount of any credit balance. PROMiSEn PAY, You agree to .pay us in U.S. Dollars for all purchases, cash advances and balanc4 transfers including . applicable Finance Charges and other charges or fees, inwrred bf you-or anyone you authorize or permit to use your Account or a Card, even if you do not•notifyvs that others are using your Account or a Card. We will convert purchases and osh advances made in a foreign-currtncy to-U.S. Dollars at a rate existing on the date of conversion. if you may us in other than US. Dollars, we may mime -to accept the payment or charge your Account am ca4C to convert your paymntn t w U.S. Dollars All checks must be drawn on funds on deposit in the U.S, You may nut use a cash advance check, badance.tsartsfet check or coupon, or any other promotional check drawn on any Discover Bank credit card accourrt to make payments on your Account. if your Account Is a joint Account, each of you agrees to be liable individually and jolrrty for the entire amount owed on your Account We On accept late payments or partial payments or checks and money orders; marked 'payment in full' or with any otter restrieclve endorsement without losing any of our -rights under this Agreement MONTHLY 911.iJAiG STATEMENT. Unless we waive our right-to do so, we will send you a billing statement after each monthly billing period in which you have a debit or credit balance or Sim or more. The-billing statement will-show all purchases. cash advents, balance transfers, Finance Charges and outer charges or fees and all payments- or other credit posted to your Account during the billing period. It will show vour New Balance, Minimum Payment Due and Payment Due bate. MONTHLY PAYMENT OPTIONS. You may at airy time pay the entire New Balance shown on your billing statement but each month you must pay at feast the Minimum Payment Due. All payments must be mailed or delivered zo in in Delaware at -3- Discover tank, Pa Box lial I, Dover, DE 19903-6011 or byusing the envelope enclosed with such statement. we will apply paymeara and credits to the New Balance shown. on your current imiiiing statement in order of the Annual Percentage Rate applicable to the balance 6 each transaction category, from hwwert to highest beginning with the balance subject to the bwest Annual Percentage Rate. We! then apply payments and credos to any new transacriora using the same method. Hovvev% we have the right to apply payrnerRs and credits to balances with higher Annual Percentage ?fates prior to balances with lower Annual Percentage Rates, such as when there are two initial special rates applicable to your Account and the lower Annual Percemage Rate w1il expire before the highei Annual percentage Rate. MINIMUM MONTHLY PAYMENT. The Minimum Payment Due oath month will be. the sum at any amount past due and the minimum monthly payment The minimum.monthly payment each month will be the greater of $11).00 or an amount equal to 1f ft of the New Balance, rounded to the next higher whgle dollar amoum. However, If the New Balance Is less than S 10.00, the minimum monthly payment will be the amount of the New Balance. Paying the Minimum Payment Due may be insufficient to bring your Account balance below -your Account credit lirrin and. of the averfirnft Fee descrt d inatyhe Overfimit Fee Section. Credits on that statement equal 'exceed your We call this the `grace. period.' You do not have a CREW BALAMM. W01 will refund any tredit balance within seven business days Pram receipt of your written request If you do not request a refund, we will automatically refund credit balances greater than 51.00 which remain in your ActVW after.two bitting periods. BALANCE TitANSFM. We may period)elly offer you the oppatunrty to transfer balances from other credit= or to make other transactions to yourAomunt by means of'balance transfer coupons or check. Each offer will cloata)n an initial special rate, which will be the Annual Percentage Rate that will apply to transferradUfances forthe time period spedfled in the offer and may contain a Balance Transfer Transaction Fee Finance Chargefor eadrbalametransfer made during the of this time offer, nod, tht Annual Percentage R expiration ate that applies for purchases will apply to transferred valances. Balance transfers subject to the initial special rate are referred w.as special rata balance transfers; balance transfers for w%ch the Initial special rate has expiFed are nefarred #o as purchase rate baiarics tmnsfen. Each offer will contain an expiration date. N yw attempt to transfer balances by means of a check after the expiratioA.date, we will treat the transaction as. a cash advance. We will not make ? the balanration ce tr rate rs attempted by means.of a eou n po FINANCE CHARGES. You an avoid payment of Periodic Finance charges on ntwpurchases ff you pay the )Jew Balance shown on the billing statement an which the purchase first appears by the Payment Due Date, and the Pct Previous grace period on balance Vomers or cash advances. Periodic Finance-Charges are imposed on new balance transfers and cash advances beginning with the date the transaction ncrurs. PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on ail transactions until the bate of repaymerrL Repayment means payment of your entire New Balance_ However, if you pay the New Balance shown on the current billing statemenn by the Payment LGtwe Date, and the Payments and Credits shown on this statement equal 'or exceed the Previous Balance. we will not impose-Periodic Finance Charges on new purchases. that is, purchases first appearing an the current statement Otherwise, you will receive a billing statement the next month that includes Periodic Finance Chargesimposed until the date of repayment We compute Periodic Finance-Ctargm each day for purchases, cash advances, and balance transfers (vvhidt we refer to as transaction caiegories) by using the following equation; Average Daily Balance x number ai days in the billing period x Daily Periodic We. (You may refer to the finance charge summary on the front of your billing statement for these amourrtQ Than we add all the Periodic- Finance Charges for each transaction category to get tire total. Periodic Finance Charges ivr your Attount The Average tlailp Salancels shown as zepci if no Periodic Firranc_ Charges applyto the balance in a transaction category. We user the two-cycle average daily balance (inducting new trarnacions) method of calculating the balance upon which we impose Periodic Finance Charges:7his means if you did not pay the New Balance shown on the billing statement you rerRived during the prsarious billing period by the ?aymertt Due Date. we will impose Periodic Finance Charges gn_nSW purchases that first appeared on that billing stasennent, as well a?vnew purdhases %hatfitst appear on the current billing statement, unless we already imposed -Periodic Finance Charges on the purchases on your previous billing statement.. We compute the average daily balance for each transaction category by adding up-a)) the daily balancesin a billing period jot a transaction category and dividing the tvitat by the number. of-days In the billing cyder We compute the daily, balance for each transaction category on each day by first adding the following to the previous dam daily that dba iance transactions made that day, fns' cbw4 y and Periodic Finance Charges accrued on the previous.Ws. daily balance; one oy dwn suotracting any credits-and payments mat are applied against the balance of the transaction category on that day. in calculating the daily balance for the previous billing period, we consider the "previous day's daily balance- to have been, zero on'the first day of the billing period. special rate balance transfers and Balance Transfer Trans= action Fee Finance Charges are included In the daily balance of the balance transfer Vemaction catepory, Balance transfers that were subject to an initial special rate that has bten terminated due to 's late payment are also included in this. _g_ category undl the initial special rate otherwise would have expired. In calculaning the daily Balance at the balance transfer transaction category on the first day of the billing period, we subtract, the anpaid balance of those Balance Transfer Transaction Fee Finance Charges and balance translersthw become purchase rate balance transfers on that day and we add that unpaid balance to the balance of the purchase transaction category. All fees charged to your Account are added to tfhe purchase transaction category with the exception of Gash Advance 'Transaction Fee Finance Charges which are added to the cash advance transaction Category and Balance Transfer Transaction fee finance Charges which are added to the balance transfer transaction category if a transaction is posted to your Account after the close of the billing period in which If. occurs, we will treat the transaction as having occurred on the first day of the billing -period in which It is posted to your AcCOUrrt. (I) Rate flans The Daily Periodic Rate and corresponding Annual Percentage Rate that apply to each transaction Category is either (a fixed rate or a variable rate) asset forth in your Pricing Schedule. The Daily Periodic' Rate -ii 11365th of the corresponding Annum Percentage Rate. The variable Annual Percentage Rate for a nansactian category Is determined by adding a s ed nurnbeJ of perctntage points to the Prime Rate. This is shown on the Pricing Schedule as '.Prime + (percentage pairtsj,' For purposes of this Agreement, the Prime Rate is the highest rate of interest listed as the 'prime rate" in the money rates section of The WO Stet Journal on the last business day on the maa& The Prime Rate Is merely a pricing index and does not represent the lowest or best interest rate available to a borrower at any bank at any given,tirm Your Annual Percentage Rau will 'imam or decrease when the Prime Rate changes This change will be effective beginning an the first day of the bllling period that bepim during the month immediately following the change in the prime Ram (?) Annual Percentage Rate for Purchases We may haw offered you an introductory rate an purchases. The invbdin'tory rate is the Annual Percentage Rate that will apply u purchases for the time period specified in the after. After expiration of this time period, the Annual Percentage Rate for purchases will apply. The Daily Periodic Rates and corresponding Annual Percent ka * RrL-5 in?irflect on the ?n the Pricing This Agreement is fumished to y are set Sdtedult. (3) Annual Percentage Rate for Lash Advances The Diby'Pe6odit Rate and corresponding Annuat Percentage Rate In effect an the date of this Agreement Is furnished to you are set forth in the Pricing Schedule. (4) Annual Percentage Rate WN-Salance Transfers The Dally Periodic Rate and corresponding Annual Percentage Rate in effect for special rate balance transfers will be set forth in the offer frem.t s under which you make the balance -6- transfer. P: indicated in the balance Transfers Section above, purchase rate balance transfers will be Subject to the Daily Periodic Rate and corresponding Annual Percentage Rate that apply to purchases. The Daily Periodic Rate and corresponding Annual Percentage Rate in affect on the date this Agreement is furnished to you are set forth in the Pricing Schedule. CASH ADVANCE TRANSACTION FEE FINANCE CHARGES. We will charge you a Cash Advance Transaction Fee Finance Charge of 3% of the amount of each new cash advance. There is a minimum Cash Advance Transaction fee FINANCE CHAR GE of 55.00 and no maximum Cash Advance Transaction Fee FINANCE CHARGE. 'The imposition of Cash Advance Transaction fee Finance Charges may result in an Annual Percentage Rate for cash advances that is higher than the nominal Annuai Percentage-Pme. Alf Morons of rash advances, including the use of Discover Card checks, regardless of the purpose for which used, are subject to Cash Advance Transaction Fee Finance Charges. To obtain the trnal Finance Charge an cash advances for each Wiling period, we add any Cash AdvanceTransaction Fee.Finance Charges for the billing period charged under this Section to any Periodic Finance Charges calculated under the Periodic Finance Charges Secifan for the cash advance transaction category. BALANCE TRANSFER TRANSACTION FEE FINANCE CHARGES. if the balance transier affer you raceive tontains a Balance Transfer Transaction Pee ruhance Charge, vve will charge you a Balance Transfer Transaction Fee Finance Charge for. the amount of each balance transfer made under that cffec The imposition of Balance Transfer 7ransaetion Fee Finance Charges may result in an Anntral.Percenmge Rats for baiante Transfers that is higher-than the nominal Annual Percerrmge Rafe. To oWin the total Finance Charge ombalance transfers for each billing period, we add any Ralance Transfer Trmw. attion fee Finance Charges for the billing period charged under this Section to any Periodic Finance Charges caiculated under the Periodic Finance Charges Section for the balanrre transfer transaction category. MINIMUM FINANCE CHARGE We will charge you a minimum FINANCE CHARGE of 5.50 for any billing period in which some FtNANcE • CHARGE .af less than 5.50 would arherwim toe imposed. REn3RNED CHECK FEP..•We will charge you a Returned Check Fee of 529.00- each time you pay rrs whir a cheer that is returned unpaid. T;ois fee will-also apply if a debit transaction to is deposit account from whicr•you have tutincifted. in in writing to periodically deduct all or a part of an amount you owe us under this Agreement is returned unpaid. We. vvilt charge you this teethe first time arty -payment is returned unpaid, even If it is paid upon resubmission. P 7URNM DISCOVER CMRD CHECK FM We wihf charge you a Resumed Check Fee of 529.01each time we decline to honor a Discover Card cash advance check,:balance transfer check or other promotional check. STOP PAYMENT FEE We may charge a Stop Payment Fee of -7- 515,80 each time we stop payment at your request on a cash advance check, balance transfer ched;, or other promotional chect LATE Mr we will charge you a Late Fee of ;29.01) each time that, ar of the Payment DUe Date, you have sequ ed %!led to make the paid by that Minhsnum Payme date. PAY-BY-PHONE FEE. We may from time to time allow you to make payments by authorizing us over the telephone to transfer or pay funds from a deposft account to your.Acwunt. We wi11 charge aPDi b e5iee S10 for each-such Transfer or payment RESEARCH F - We may d-t9e You a Researcfi Foe of SS88 for eacb copy of a billing statement or sales slip that you request However, We will. not charge a fee if you -request copies in connection with a billing error OVEximrl FEE. We MI) chaggtWse gu an Overlimh Fee of VS.0D each time that as of the of a billing period, your outstanding Account balance exceeds your Account credit limit This fee may be, charged even If the transaCcion which causes you to exceed your Account credit limit is authorized by us or If you exceed your Account credlt limit due to the posting of Finance Charges W iees to your Account DEFAuLTACCEkERATIMal eECnON Ofiie a bankrup In default if you become you petition or have one filed against you; If we have a reasonable belief that you are unable or unwilifng to repay your obfigatians to US, If You are dedared in=npetem by a court or if a court appoints a guardian for you or a conservator- for your assets, if you die; or If you fail to comply with the terms cf his Agreement, including ;ailing to make a required payment when due, axeeeding your Account credit limit, or using your Card or Accountfor a Prohibited Transaction. kyou are in deraull, we may declare the enure balance of your Acxourd-immediatefy e.and payable without notim if we refer the collection of your Account to an attorney or employ an attorney to represent us with regard to recovery of money that you owe us, we may charge you reasonable attomeW fees and court or other. collection costs.as permitted by law and as actually incurred by us. We may delay enforcing or not enforce any of our rigitts tmtder this Agreement without losing or waiving any of them. CAAMUM AMOtt. You may cancel your Account by notifying us in writing or by telephone and returning or destroying every Card and unused check that we heve.prnvided you. of course, you will still be responsible to pay any amount you owe us according to the terms of this Agreement If your Account Is a joint Account, each of you may cancel your Account We may cancel or suspend your Account at any time without, nothe. We may choose not to renew your Account (beyond the expiration date shown on the face of a Card) without notice. PRIVACY. We respect the privacy of information about you and your Account Odr Privacy Policy includes a summary of the personal information we collect when it may be shared with others, how we safeguard the cordidertuality and _g_ security of information and the steps you may take to limit .our sharing of such information with others. Please read it carefully as a is part _of your Cardmember AgreemerrL As indicated in our privacy Policy, we' may report to credit reporting agencies and other creditors the status and pa menr history of your Account, including negative credit information. We normally report to such credit reporting agencies each month. If you believe that our report of your Accoum status is inacturate or incomplete, please wine us at the following address: Discover Card, fO Box 15316, Wilmington DE 1 985 8-531 6, Please indude•your name, address, home telephone number and Account number. We may from time to time review your credit employment and income records. Our personnel may listen to or record telephone calls between you and our representatives in order to evaluate the quality of our service to our Carcimembers without notice to you. We may use automated telephone equipment or prerecorded telephone calls to contact you about your Account. We provide.vanaus methods by which you can obtain information about your Account We will only release such irafonnation-ro you, any Authorized User that our records indicate is an authorized buyer on your Account, and any other parson-with your prior permission, in addition to as provided in our Privacy • Policy or as required by taw, our security measures Cannot insure against unauthorized Inquiries. You agree that we will not be responsible for the release of information m anyone who, even if without your authorization or permission, has gained possession m a Card or has learned other iderriifying characteristics about -you such as your pehaonal identification number, Account number or social security numbs[ CREDIT AUTHORIZATIONS, Certain transactions will require our authorization prior to completion of die trahsatiian. in some cases, you may be asked to prokAde Identification. if our authorization synem is not working, we may not be able to authorize a transaction. We will not be liable to you if any of these everts happen. CHANGE OF TERMS, We may change any Term or part of this Agreement, including any finance charge rate, fee or method of computing amt balance upon which the finance charge rate is assessed, or add any new tern or part to this Agreement by sending you a written notice -at least IS days before the change is w become effective. We may apply any such thane to thA outstanding b", tm a'r your Act:ourn art the cifective date of the change and to new. charges made after that date. if you do not agree. to the change, you must notify to in writing withbt 13 days after the tnaiting of the notice of change at the address provided 'in the notice of change, in which case your Account will be ciosed and you must pay us the balance that you owe us under The existing terms of the unchanged Agreement. Other ivisa, you will have agreed to the changes in the notice. Use of your Account after the effxacdve date of the change will be deemed acceptance of the new terms as of such effective date, even 'rf you previously notified us that you did not agree to the cfiange. -9- CHANGE OF ADDRESS. If you diange your address you must notify us of your new address within li days, ASSIGNMENT Of ACCOUNT. We may sell, assign or transfer your Account or any ponion thereof without notice to you. Ynu may noisell, assign or transfer your Account without first obtaining aw prior written consent ARBITRA71ON OF DISPUTES. In the event of any past, present or future claim or dispute (whether based upon contract, tort, stature, common law ar equity) between you and us arising tram or relating to your Account, any prior account you have .had with.us, your application, the relationships which result from your Aocourrt or the enforceability at scope of this arbitration provision, of the Agreement or of aoy..prior agreement, you or we may elect to resolve the claim or dispute by binding arbitration. IF EITHER YOU OR WE ELECT AR w-riaw. NETTKR YOU NOR WE SHALL HAVE THE RIGHT TO U71GATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE- HEARING DISCOVERY RIGHTS AND POST-HEA)ZING APPEAL RIGHTS WILL BE LIMITED. NEITHER YOU NOR WE $HAL.L BE ENTITLED TO JOIN OR CONSOUDATE CLAIMS IN ARBITFATION BY OR AGAINST OTHER CARDMEMSERS WITH RESPECT TO OTHER ACCOUNTS, OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A QASS OR IN A 'PRIVATE ATTORNEY GENERAL CAPACITY. Even H at parties have opted to litigate a claim in court you or we may elect arbitraz m with respect to any claim made by a new party or arty new claims later asserted in that lawsuit, and nothing undertaken therein shall toristhrite a waiver of arV rights under this arbtiratlan provision. We will not invoke our right to arbitrate an. Individual claim you bring in small claims court or your. s8te's equivalent court, if any, so long as the claim is pending only in that court and does not exceed 35,I)MOD. Your Account Involves interstate commerce, and this provision shall be govemed by the Federal Arbtration Act (FAA). The arbitration shall be conducted, at the option of whoever fifes the arbrtrAtm claim, *by ettSar IAMS&ndispute (LAMS) or the National Arbitration Forum INAF) In accordance with thew procedures in effect when the claim is filed. For a copy of their procedures, to file a claim or for other information, contact JAMS at 1921 Main 5treet, Suite 300, Irvine, CA 92514 {phone 1_go048.1660) or NAF at P.O. Boa 5D191, Minneapolis, MR 55405 (phone 1-800-074-2371). At your written request, we will advance any arbitration filing, administrative and hearing fees which you would be raquiredto payto pursue a claim or dispute as a result of our electing to arbitrate that claim or dispute. Send requests to P.O. Box 15142, Wilmington, DE 19826-1020. The arbitrator will decide who will ultimately be responsible for paying those fees. In no event w111 you be required to reimburse us for any arbitration filing, administrative. or hearing fees 'in an amount greeter than what your and our combined court costs would have been 4f the daimhad been resolved in a state court with jurisdiction. -1a- Any arbitration hearing will Take place in the federal judicial district where you reside. The arbitrator shall follow applicable substantive law to the extent consistem with the FAA and applicable statutes ni lirnriations and shall) honor claims of privilege recognized at law. H requested by any party, the arbiuator shall write an opinion containing the reasons for the award. The arbfuator s decision will be final anti bind)ng except tot any appeal rights under the FAA and except that if the amount in comroversy.exceeds S100,D0(LD0, any party may appeal the award within 30 days to a three- arbttra'tor panel which shall review the award de novo. The costs of such an appeal steal) be borne by the appealing parry regardless of outcome. Judgment upon any award by the wbhrator, may be enforced in any court having }ursdidion. our righu and obligations. under this arbitration provision shall inure %D the benefit of and be binding upon Dw patent corporatjans, subsidiaries, affiliates (including, without limitation, Dismver Finandal Services, inc.), predecessors, successors. assigns, as well as the officers, directors and empiDyees of eadt of these ertiitieS, and will also inure to the benefit Of any third party named as a co-defendant with us or with any of the foregoing in a claim which is subject to this arbitration provision. Your rights anti obligations under this arbitration provision shall inure to the benefit of and be binding upon all persons contractually liable under this Agreement and all Authorized Users of the Account, 'This arbitration provision shall survive termination of our Account as well as voluntary payment in full by you, any legal pproceedings by us to milect a debt owed by you, any bankruptcy by you and any sale by us of your Accourrt. COMPLIANCE WUN-INTEREST RATz LINIITAMONS. We amend that this Agreement will comply with applicable interest rate limitations. You will not be required to pay-Finance Charges or otter charges at -a rate that Is greater than the maximum amauntt permitted by law. If it is ever finally determined that, but for this Section, the Finance Charges or oyster charges under this Agreement would exceed the maximum lawful amount, the Finance Charges and other charges will be reduced to the maximum lawful amount Aray excess amount Heat you have already paid will he used to reduce the out- standing balance of your Account or well be refunded to you by means of a check in our discretion. GOVERNING LAW. This Agreement will be governed by the laws of the State of Delaware and applicable federal laws. If any part of this Agreement becomes unenforceable, it will not make any other part unerriorcealate. Discover Sank DISCOVER CARD R0,4 Vice President -11- PRIVACY POLICY W_e Respect Your Privacy our mission is to provide you with superior products and services, along with the peat of mind knowing that your privacy is secure. We understand your concerns about guarding information about you and your Account. We want to assure you that we have taken steps, and will continue to take steps, to safeguard that information. This Privacy Policy describes our efforts to meet these objectives it includes a summary of the personal information we collect, when it may be shared with others, how we safeguard the confidentiality a to limit ity oour f informotioN and sharing such the steps that y may take infnrrnation with help you uunderstan carefully. We we rleaeanour d privacy Polity ?; share Wormation. i. WHAT PERSONAL INFORMATION DO WE Col-LEm To serve you better and manage our business, it is important that we collect and maintain accurate personal information about you. We obtain -this information from applicatforrs and .t'e'ns you submit to us, from your dealings with us and other, from consumer -reporting agencies, and from other sources, such as our Web sues. For example: • We may obtain information such as your name, address and date of birth from applications and other forms you submit w us. We may obtain information such as Account balances, paytnem history, your use Uri yam Actount aria the types rest services you p m t ?? from your trartsacttons and acher dealings otheirs. • We may obtain information such as the balances of your loans with other lenders and your payment history with others from consumer reporting agences. • We may oiYtain information such as your Internet service prt»idet, Your domain name, your computer's operating system and Web browser, your Web safe use and your produtt and service preferences tram your visiu to out Web sites. 1, IS PoSONAL NfORMAMON SHARED WITH OTHERS? we limit the sharing of information with archers. Many of the D"ers you receive irn products and stsvices are provided directii to you tram us. Far example, A retailer that accepts the D'iscover' Card may come to as with a special offer for Cardmembers, such as• a discount certificate or product upgrade- After careful consideration of the nature of the offe and the totnpany,•we wilt create a list of Cardmemben who may be interested In the offer based on certain Characteristics. I* will send the offer directly to those Card- members on behalf of the retailer by, for example, including an insert in their morsthly billing statement or mailing the offer ourselves We control the information used to matte the offer, we do not share the fist or any personal information with the retailer. -42- There are, however, circumstances in which we may share the irriormation we collect about you, as described in Section 1, with other companies in order ta•provide you with access to products and services and to service your Account effectively, as detailed below. We require these companies to adhere to our privacy standards and to use this information oniy far the limiree purpose for which it was shared. We do not allow them to disclose h to others without our prior approval. a. Sharing personal information- with Our Corporarre--Famfly 1Ne are pan of the Morgan Stanley Dean Witter -family of companies. Our corporate family offers a wide variety of produotrand servicesthat can help you manage your finances. in order to provide you with access to these products and services, we may.share the information we coliect about you, as described in Section t, with other members of our corporate family. Ttme companies'mdude financial service providers that roller mortgage lend'mg services, securities and asset management. services, Investment opporturitties and mutual funds, and may include non-financial service providers in the future as our corporate family continues to grow b. Sharing Personal Mformadon with Nan Affiliated Parties for Marketing Purparer We may share the information we collect, about you, as described in Section t, with non-affiliated third parties, including those that accept the Discover Card, in order to provide you with access to products and services offered directly by these companies that may be of value to you. These companies include financial service provmen, such as insurance companies, and norAnancial eompanles, such as remiters. L Sharing Personal information with Dthem we may share the information we coted about you, as described in Section 1, with companies that peritmn support or marketing services on our behalf, such as mailing, market research and data.processing; other financial insvtudons with which we have joint marketing sWeemerrt£.or companies that are our partners for cmbrand credit Card programs or reward programs. We may also -share such information as permitted by law. 3. )IoW Do WE PROTSt.? TliE CONFIDENT1ALrrY, SECURITY AND 1N17EGRITY OF iNFORMAMON ABOUT YOU7 we maintain physical, elec:tronicand procedural safeguards to protect the Information we collect about you. Access to such lniormati m is restricted to individuals vino need It in order to service your Account or provide produces and services to yod, and Irv a are trained in the proper handling of such Information. Employees who -violate these confidentiality requirements are subject to -our disdpiinary process. Where third parties provide support services, we require them 'to conform to our privacy standards. it is important that the information we maintain about you is accurate and complete, if you see information in your monthly billing statements or elsewhere which suggests that -13- our irr'sormatjort is incompiete or inacastate, please write to us in Discover Card, p.D. Box 3D961, Sah Lake Chy, UT 84130-0961 so that we can update this information. -14- products and services offered In connection with those cards, 4. HOW CAN YOU UMIT SHARING OF INFORMATION ABOUT YOU7 iNe resped your privacy and offer you choices as to whether we may share information about ypu with others. #f you prefer that we not share the information we collet about you, as described in Section t, with non-affiliated third parties or if you pmies that we not share that information with companies in our corporate family, you may opt aft, that is, you may direct us not to share that information. if you indicate a preference that we do not share that information, please understand that You will not receive oifers for products. and services provided by other rrnnpaWes that could help you lower your coifs, maximize your financial resources and manage Your finances. To indVxP your preferences call us at 1 800 22 SZ02 d write to us at Discover Card, P. D. Boa 30961, Saft Lake City, LIT 84130-0961. Your written request should include your name, address, telephone number and Account number(s) and should not be sent with 'any other correspondence. In order to process your request we require that the request be provided by you direcdy.and not through a third party. You will need to provide us with your preferences for each credit card account you have with us. You may notify is about your preferences at any time. if you have previously notified us, if is not necessary to do so again unless you decide to change your preferences. Your request will remain in effect until you notify us otherwise.- We will honor yaw request and not share the in'format'ion we collect about you, except as permitted by law. For example, federal law permiu us to share Information about you with consumer reppriing agencies service providers and marketing partners. !t also permia us to share information about our experiences and transactions with you, such as y-r Accounrhalance,and payment history, With other members of our corporate family. If you are a new Cardmember, we will not share any information about you, e=xcept as permitted by law, for ?SiM days after we provide this Policy to you.in order to give•yasi an opportunity to inform us about your preferences. if you are an existing Cardmember, please understand that you may continue to receive marketing errs directly from other companies that were already in production prior to the processing of your request This Piaaty Policy is provided to the primary Caardmembw listed on the Account. However, any )oid Ca d Jl mberthas the right to rvtq us abmA-pr n n request as applying to the entire Account. We do not share information about former customers, except as permitted by law. This Privacy Policy is provided to you by Discover Bank and its subsidiaries, which currently include GTC Insurance Agency, Inc It applies to the Discover Platinum, Discover Gold, .Discover Classic and Discover private -Issuer" Cards, and the inducting The Register' card registration service (with the exception of any information registered in connexion with the service; which will not he shared) and the Discover Exchange payment service. It is part of your Cardmember Agreement and provides a further explanation of how we collect and share information. Please note that you will also receive privacy notices for other credit card accounts you have with us, as well as other financial products and services provided to you by us and our affiliates. You will need to indicate your preferences for each of these separately as disclosed in the notice. CLPLPIGDD401 Your Billing (tights KEEP THIS NOTICE FOR FUTURE USE This notice contains Important information about your rights and our responsibilities-underthe Fair Credit, Billing Act. f. Notify L&-in Use of Errors or Questions About Your BID if you think your bill is wrong, or if You need more information about a transacdon on your bill, writs us an a separate sheet of paper at the address listed on your bill`ftr Notice of Billing Error Write to us as soon as possible. We must hear ifom you no later than GD days after we sent you the first bill on which the error, or problem appeared You can telephone us, but doing to will not preserve your lights. in your letter, give us-the follonving information: • your name and Account number. • your dollar amount of the suspected error. • describe the error and explain, if you can, why you believe there is an error. if you need more information, describe -the item you are not sure about If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. So -stop the payment your letter must reach is three business days before the automatic payment is scheduled to occur. 2. Your Riyhts and Our Responsibllities After We Receive Your wifrten Notice We must acknowledoe your letter within 31D days, unless we have correcied the error by then. Within So days, we must efiher correct the enor or explain why we believe the bail was correct After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you questk n, inducting finance charges, and we can apply any unpaid amount against your Account -credit limlt. Yqu do not have to pay dory questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. H we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay the ffnante charges, and you will have to make up any missed payments an the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is Out. if you fat! to pay, the amount that we think you owe, we may report you as delinquent }io+heves, H our explam-don does not saiisry you and you write is within ten days telling us that you still refuse to pay, we must cell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to than the matter has been settled beTween us when it finally is. H we dor't follow these rules, we cant' collect the first SSO of the questioned amount, even if your bill was correct. 3. Special Auk For Cmdit Card Purchases M you have a problem with the quality of goods or services that you purchased with a credit card, and you cried in good faith to correct the problemwiththe mereharrt, you may have the fight not to pay the remaining amount due on the goods or services There are two limitations on this fight (a) you must have made the purchase in your home state or, if nol within your home stale, within t DO miles of your current maiflng address; and jbj.the purchase price must have been more than 230. These fmfti#inns do not apply K we cr" fir operate the merchant, or if we mailed you the advertisement Tor the goodsor services. DISCOVER' CARD CASHBACK BONUS` of twelfth monthly g period anniversary year is the approximate one-year TERMS AND CONDITIONS The Cashback Hones' Terms and CondFtfans cons&mte a separate and independent agreement from-the Caralmember Ag=erst and apply to Accounts that participate in the Cashbadc Bonus program. However, these Terms and rcmdnions are subject m the Arbitration of Disputes section of the Cardmember Agreement. -Md h is incorporuted3herefn. t The Crshback Bonus award Is an amount denominated in doiiars and cents which may he earned by Cardmembers.by using their Discover' Card for qualified purchases. A Cashback award Bonus is hot earned for defined ntheCadmembe Agreemrtt,d asTransactions h advances (or balance transfers. 2. Cashback. somsS payments are calculated based on purchases made during an annual period corresponding to the Catdmensber's anniversary year. The first anniversary year becins of the the on the date the Cad l eriod w?dh follows.. Each period comprised of the next twelve monthly billing periods 3. Excepi as otherwise noted below, the Cashback Bonus award is calculated by multiplying each purchase by the applicable percentage rate: • z s% 1.DMI, if the purchase is par, of the *x ?i,DDD in purchases during the anniversary year, • .50% (.ODSO), H the purchase is part of the second S i,DDO in pardnases during the anniversary year, • .75% (.0075), rl the Purchase Is part of the third 51,000 in purchases during the anniversary year, • 1.0% (.01), if the purchase is pan of the purchases in excess of 53'DOG during the arrniver5ary•year. Beginning on May 1, 20DO, the applicable percentage rate for all purchases made at warehouse dubs during the anniversary year will be a fixed rate of 251A (.11025), However, these ware- house Club purchases will continue-to be included in the total amours of purchases made during the anniversary year and used to determine the applicable percentage rate listed above for other purchases. Please ca)V1-8DO-347-7896 or visit our Web site at Discovercard.com for a list of warehouse clubs. The total of these calculations for each anniversary year is the earned amount of the Cashback Bonus award, which will be paid as described. below provided the conditions contained in paragraph 4 below are met. The calculation begins again with the begfrsning of each anniversary year. The Cardmember's morrthiy billing statement will show the earned amount of the Cashbadc Bonus award and tonal ptmhases through the date of the satement for the tuner anniversary year. Prior to actual payment the purchases or which a Cashback Bonus award is calculated may be audited for compliance with these terms 4. The Cashback Bonus award vests and Is paid shortly at m each anniversaryyear to those Cardmembers in good standing on the anniversary date and at the time of the payment To be in good standing, you may not be in default (as defined in the Cardmember Agreement) and you-may not have used your Arcourtt iw any Prohibited Transactions within the past year. If an Account is dosed for any reasan prior to the anniversary date, any Ceshback Bonus award reamed by the Cardmember since the last anniversary date will be forfeited. Cardmembers who are delinquent at the time of the payment may, at the option of Discover Card, have their Cashback Bonus award applied as a oedit to their Account. 5. The exact method of payment of.a Cashback Bonus award may change from year to year, but the Cardmember, until have the opportunity to receive a Cashback Bonus award in a cash equivalent (Le., check or tredit to the Cardmembefs Account). As pant of the payment method, the Cardmesnber may have the opportunity to make a choice as to the manner in which the tashbiadc Bonus trward is paid. 'The failure to make such a choice on a timely basis may result in the exerdse of default payment optioris. It is the Cardmembers respon- sibility to notify Discover Card in the event a Cashback Bonus payment Is not received for any reason. -17- The Cashback Bonus award is paid to qualifying Cardmembers either by means of a credit to the Account or by a check that Is mailed m the Cardmember in Discover Card's sole discretion. 6. In the event a card is lost or stolen the earned amount of the Cashback Bonus award, the amount of qualifying purchases and the anniversary date from the old Account wdl be transferred to the new Account 7. Discover Card reserves the right to make other adjustment to Cashbadc Bonus amounts tamed bused on Account activity (e.q„ a credit to an Account in connection with a prior purchase wail result in a reduction of the Cashback .bonus award). g B, These leans and condo_ madare e doengt dua dmwi hout notice. Changes may anniversary year, and may induce but are not limited to, modifying the level of purchases required to quality for the various tiers, establishing a minimum amount at Cashbatk Bonus award Cardmembers may receive, changing d troruactiorts char constitute a purchase, changing the the amount ssf Cashback 8onua award tamed on certain types of purchases, irnposmg additianai resVirdorn or terminating the program. DESCP,IPTION OF COVEP.AGE SCNEDUM AIR TRAVEL ACCIDENT INSURANCE. Discover" classic cmdmerrhbem are provided with uo to MUM Scheduled Air.Travtl trcddent- protection. Whenever you use your Discover Classic Card jthe'oadh.card') to charge your entire m? n? Fare 7xkm on arty Commerdat Airvaf. led Air Carrier under a Fcense for the .transparsation of passengers far hire therein called Scheduled Air Cartier), you automatically receive this valuable coverage at no additional cast. The Ianefits of the Policy providing your coverage are governed prlrnarily by the law of a stale other than Florida. 'Coverage is underwritten by National Union f"sre Irssumnce. Company of Pittsburgh, PA (the 'insurance company'), with offices in New York NY. Certain limitations and exclusions aPPN• PLAN FEATURES Benefit Amount 515C.Do family Aggregate Principal Som ACCIDENTAL DEATN BENEFITS. insurance coverage will be equalto she benefit amount for acddenta I loss of Fife-The loss the rnusl occur within one y ea P nthe Sum means caused ota y Tesult. in an accidental death while a passenger snot an Injury. family Agg regate arrounl of insurance )n iorce ?n.1he foe any onet, his or+m spouts and their deptom more than one Insured Person dies as the g the Inju receWd in any one acddent, the Fami A r ate Principe Sum will be prorated and paid in accordance with the dalm iB_ payment and beneficiary provisions of the Policy. Once the Family aggregate Principal Sum is paid for any one Insured Person in a Family that occurs as the result of any one accident noiurrhes bereft are payable for iuriher deaths in that Family due To Injuries received in the same accident, 'Injury" means bodily injury:(a) which is sustained as a direr. result of an uninTended, unanticipated accident that is excemal to the body and that occurs ?vnile the injured person's coverage under this Policy is )n force, and (b) which directly Cmdependem of sickness, disease, memal jtr?urnky, bodily infirmity of any other causal causes a covered loss. DISAPPEARANCE BENEFTTS.We will presume you suffered loss of life due to an accidem: It you are riding in a Scheduled Air Carrier that is involved in a covered accident and as a result of the accjderrL the Scheduled Air Carrier is wrecked, sinks, or disappears; and your body is not found within one (1) year of the accident. The total of all beneft payable for you, your spouse and your dependent children frosri. the same accident will not exceed the S1SNODII family Aggregate Principal Sum. EUGl91UTY. This automatic insurance is provided to eligtbie holders of the crtdlt card whose names appear on the credit card, their spc wes and their unmarried depenciertt children under age 19 loge ?3 if attending school on a full--time basis and fully dependent on you for support). However, the age limit does not.apily to a child who is incapable of seff- srstaining employment by reason of mental or physical incapacity ffFECT1VP DATI<5, Your insurance under this plan is effective on the later of: 1) July 1.200.1; or Z the date you become an eligink person. -Your insurmnce under this plan will imase on the earlier of: 1) the date the insurance coverage is terminated; or 2) on the date you ctase to be an e)jgible holder of -the credit cart. THE 6ENESCIARY. unless you designate otherwise with a beneficiary designation form, your death benefit will be paid, in equal shares, to the firs surnving class of-those that follow: (1) your spouse; (2) your children, f3) your parerrb, or (d) your brothers and sisters. H no dais has a survivor, •the beneficiary is your estate. You may change your beneficiary by writing to the Insurance Company at Accident & Htalth Division, SOD West Madison Street, Suite X750. Chicago, 1L SD661. CLMM PROCEDURE, claim-iarttis maybe obtained thrrsug$) the Insurance Company. maims tot bener"tts must be filed with The insurance Company within 9o days or as soon as reasonar* possible after the lass occurs. PLAN OF INSURANCE CDVEIt,At ~ You, as a Cardmembar, and your spouse and children will be cowered against Injuries that f operator, pilot or crew memberl In or on, includng getting in Tres or out of, or on or off of, any Scheduled Air Carrier If the I Common Cartier Fare iscket tot the flight was charged to your credit card. Companion ticket issued for free with the purchase Di a fUl} fare common carrier ticket and used by a spouse or dependent child will be considered as fully charged to the credo card, if the corresponding full Common Carrier Fare Tckei is. charged to the credit card. Coverage is effective when you board the Scheduled Air Carrier, provided the 'lull Common Carrier Fare Ticket is purdmiid, ar the travel reservation is made for the companion tickets, prior to boarding such Scheduled Air Lanier. Coverage ends when you alight from the Scheduled Air Carrier EXalisl INS. Benefits are not payable if the )ass.is caused by or results from. i) self-inflicted 'injury or suicide; 2) sickness, disease, at memal incapacity or bodily infirmity whether directly or indirectly, 3) infections of any kind regardless of how contracted, except bacterial infections-that are directly caused by botulism, piomaine poisoning or an accidental an or wound independent and knxhe absence of any underlying sickness; disease 'a conditicii Including but not limited to diabetesy 4) committing or attempting to mmmit a felony; or 5) war or act of war, declared or undeclared. UMITAT1oNS. BenefifS will only be payable under one Card- member account the credit card under which the Common carrier fare Tickets weir fully charged. sustained Benefits are not or vN6 for -lessas due the tickxis were to purchased, with a vdnik on a trip ?u frequeett flyer vaUCher. Compiete. provisions pertaining to this plan of itnurarxe are contained in Polity #9x29072 issugd by.Nationai Union Fire Insurance Company of .Phzshurgh,. PA with affices in New York, NY. The premium for this insurance is paid by Discover financial SeRices,.Inc., tnrt•al income droved tram its credit caniopeardons Please read this Description of coverage. reap it in a safe piaa with your other insurance documents.. This Description of Coveraae (Form -Number 530365DaQ is not a cnnuact cf insurance but is simply an infarmirtive statement to each eligible individuai of the principal provisions of the insurance while in effecL if a confiki exists between is statement in t is 'Desuipbon-of Coverage and any provisions in the Policy, the Aoliq will gowm. claims administered by: A81i Ciaims DepastmeM, P.O. Bw t>701, Wilmington, DE 1911565701, (Wo 551-DU4. EXHIBITB FIRST SELECT CORPORATION ACCOUNT AGREEMENT Your DISCOVER account has been transferred to Firs Select Corporation. Your DISCOVER account was closed at the time of this transfer and will therefore continue to be closed This AccountAgreement contains the turns that govem your First Select account (the "Account"). In this Agreement "you" and "pout" mean each person who is liable for payment on the Account "We" "off' and "uor mtean First Select Corporation or its assignees. Becauseyour Account has been transferred to us, you are now obligated to repay the Account to us instead ofDISCOVER . If the Account , was opened as a joint account; we may ad on the instructions of any joint account holder. Payments/Finance Charges: As long as you have a balance outstanding on your Account, finance charges are calculated as follows. To figure the finance charges for each billing cycle, we multiply the average daily balance periodic rate. Thedaily periodic rate we apply is your Account Annual Percentage Rate divided by 365. The Amaral Percentage Rate will be calculated as disclosed in your most recut DISCOVER account term (the "Original Terms"). If you Original Terns provided for diffenetd Annual Percentage Rate to be applied to different components of your outstanding balance, we will apply the lowest such Annual Percentage Rate onyourentire outstanding balance. We may accept late or partial payments, or payments marked"paid in fair, or marked with other restrictions, without losing our right to collect all amounts owing under this Agreement. You may ask First Select Corporation to pay your Account by debiting your checking a savings account You may revoke your authorization' by writing to First. Select Customer Service. Fees: We will charge your Account a fee for each billing cycle within which your Account is delinquent (late charge): The amount ofthe late charge "I be as disclosed in your Original Terns or the rna imarn late charge permitted by the law of your state of residence, whichever is lower. We will chargeyour Account a fee for each returned payment check (returned check charge). The amount of the returned check charge will be as disclosed in your Original Terre, or the maximum returned check charge permitted by the law or your state ofresidence, whichever is lower. To the extant provided in your Original Terms and to the extent permitted by applicable law, in addition toyour obligations to pay the outstanding balance on your Account, plus interest and fees as disclosed herein, we may also charge you for any collection costs we incur, including but not limited to reasonable attorney's fees and court costs. If your Original Term provided for an award of attorney's fees and count costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement Non-W alver or Certain Rights: We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. Applicable Law, Severablilty, Assignment: No matter whereyou live, thhis Agreement and your Account are governed by federal law and by the law of the state designated as the applicable law in your Original terms. If your Original Terms did not contain an applicable law provision, then this Agreement and your Account are governed by federal law and the law'ofyor state of residence. This Agreement is a final expression of the agreement between you and us and may net be contradicted by evidence of any alleged oral agreement. If a provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform, to applicable law, and the rest of the provision in the Agreement will still be enforceable. We may transfer or assign our right to all or some ofyour payments. If stet law requires thatyou receive notice of such and event to protect the purchaaer or the assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. Customer Swvlce: For general questions regarding your First Select account please call our toll-free service number, 1-888-9242000: For quality assurance purposes, and to improve customer service and security, telephone calls to or from our offices'maybe monitored or recorded. Credit Reporting: If you fail to fulfill the terns of your credit obligation, a negative credit report reflecting on your credit record maybe submitted to a credit reporting agency. In ceder to dispute any information we are reporting abouityour Account, you mast write to us at the following address: First Select Corporation, P.O. Box 9104, Pleasanton, California 94566. Sharing information: We may share information with our affiliates including without limitation Providian National Bank and Providian Bank However, you may write to us at any time instructing us net to share credit information with our affiliates. YOUR BILLING RIGHTS-WP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Ad: Notify Us In Case of Errors or Questions about Your Bill If you think your bill is wrong or if you need more infornation about an entry on your bill write' us, on a separate shed, at the following address: First Select Corporation, P.O. Boo 9104, Pleasanton, California 94566. Write us as soon as possible: We must hear finmyou no later than 60 days after we sentyou the fiat bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In the letter, give us the following: -Your name and Account number. -The dollaramaut of thesuspected error. -A description of the error and an explanation, if possible, of why you believe there is and error. Tryon need more information, describe the item you ore no sure about Your Rights and Our Responsibilities After We Recelve Your Written Notice We moat acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we mint either correct the error or explain why we believe the bill was correct After we receive your letter, we cannot try to collect orrepo t you as delinquent as to any amount you question, including finance charges. We can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of the bill that are not in question If we fad that we have made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount If we did not make a mistake, you may have to pay finance charges, and you will have to make up the missed payments on the questioned amount- In ether can, we will send you a statement of the amount you owe and the date did it is due. Ifyou fail to pay the amount we'think you owe,, voc may report you as delinquent However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell am one we report you to that you question your bill. And we must tell you the name of anyone we reported you to. We must tell anyonewe report you to that the meta has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount even if your bill was correct Spedal Rude for Credit Card Purchases Ifyou have a problem with the quality of goods and services dint you purchased with your DISCOVER credit card and you have tried in good faith to correct the problem with the merchant you may not have to pay the remaining anont due on the goals or services. There are two limitations to this right: (a) you must have made the purchase in your home state or, if not within your home state, within 100 miles of your curet mailing address: and (b) the purchase pricenmat have been more than $50. These limitations do net apply if either we or DISCOVER own or operate the merchant, or we or DISCOVER mailed you the advertisement for the property or services EXHIBIT C ACCOUNT STATEMENT FOR CARYN MYERS SUMMARY AccountID Account Provider Product Product Type Account Number# Account Original ID# APR BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE 10187360 Charge off Balance 1,942.90 First Select, Inc. Current Balance 4,156.11 Discover Card Open Date 11/10/1997 Credit Card Charge, Off Date 12/31/2001 4168-1000-2182-1358 Last Payment Date 09/06/2005 6011-0025-3061-2779 Customer Name CARYN MYERS 18.000% Report Date 11/02/2006 PERIOD: 12/31/2001 To 12/31/2001 Total Principal Interest Expenses 1,942.90 1,942.90 10.00 10.00 (Total (Principal-- (Interest (Expenses 11,942.90 11,942,90 10.00 10.00 PERIOD: 01/01/2002 To 01/31/2002 ITotal _ (Principal Interest Expenses 11,942.90 11,942.90 1 0.00 10.00 Total (Principal (Interest (Expenses (-1,972.60 11,942.90 129.70 10.00 PERIOD: 02/01/2002 To 02/28/2002 ITotal Principal Interest Expenses 11,972.60 11,942.90 129.70 10.00 (Total (Principal 11,999.84 11,942,90 PERIOD: 03/01/2002 To 03/31/2002 ITotal Principal 11,999.84 11,942.90 Interest Expenses 56.94 10.00 Interest Expenses 56.94 10.00 (Total Principal Interest ENDING BALANCE 2,020.41 1,942.90 87.51 PERIOD* 04/01/2002 To 04/30/2002 ITotal (Principal (Interest BEGINNING BALANCE 12,030.41 1,942.9087.51 I Expenses 10.00 Expenses 0.00 (Total (Principal (Interest (Expenses I ENDING BALANCE 12,060.45 11,942.90 117.55 0.00 PERIOD: 05/01/2002 To 05/31/2002 rest t FlI Expenses Total Principal e n BEGINNING BALANCE 2,060.45 1,942.90 117.55 0.00 Total Principal Interest Expenses ENDING BALANCE 12,091.95 11,942.90 `149.05 10.00 PERIOD: 06/01/2002 To 06/30/2002 ITotalPrincipal Interest Expenses BEGINNING BALANCE 12,091.95 , 1,942.90 149.05 0.00 Total Principal (Interest Expenses ENDING BALANCE 2,122.90 `1,942.90 1180.00 10.00 h i? PERIOD: 07/01/2002 To 07/31/2002 Total IPrin'cipal Interest Expenses BEGINNING BALANCE 12,122.90 11,942.90 1180.00 10.00 ENDING BALANCE I BEGINNING BALANCE ITotai Principal 12,155.36 1,942.90 PERIOD: 08/01/2002 To 08/31/2002 Total Principal 12,155.36 1,942:90 lInterest Expenses 212.46 10.00 Interest Expenses 1 212.46 10.00 ITotal `Principal I Interest IExpenses II ENDING BALANCE 12,188-31 11,942.90 245.41 1 0.00, PERIOD: Total 09/01/2002 To 09/30/2002 (Principal Interest _ Expenses BEGINNING BALANCE 12,188.31 11,942,90 1245.41 10.00 Total IPrincipal Interest Expenses ENDING BALANCE 12,220.68 11,942.90 277.78 10.00 PERIOD: ITotal 10/01/2002 To 10/31/2002 Principal Interest Expenses BEGINNING BALANCE 12,220.68 1,942.90 277.78 10.90 (Total Principal (Interest lExpenses l ENDING BALANCE BEGINNING BALANCE 12,254.63 1,942.90 PERIOD:11/01/2002 To 11130/2002 Total (Principal 2,254.63 11,942.90 10.00 Expenses 0.00 Expenses 1 0.00 XExpenses 1 0.00 1311.73 Interest 1 311.73 I,TotatPrincipal Interest ENDING BALANCE 12,287.99 1,942.90 1 345.09 PERIOD: 12/01/2002 To 12/31/2002 ('Total Principal Interest BEGINNING BALANCE 12,287.99 11,942.90 1345.09 ENDING BALANCE F BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE Total (Principal Interest Expenses 12, 322.96 11,942.90 1 380.06 10.00 PERIOD: 01/01/2003 To 01/31/2003 1Total Principal (Interest Expenses 12,322.96 1,942.90 1380.06 1 0,00 I Total Principal 12,358.48 1,942.90 -Interest lExpenses 415.58 10.00 PERIOD: 02/01/2003 To 02/26/2003 Total Principal 12,358.48 l 1,942.90 [Total I Principal 1 2,391.04 ! 1,942.90 PERIOD: 03/01/2003 To 03/31/2003 Total I Principal 1 2,391.04 11,942.90 Total Principal_ 1 2,427.60 1,942.90 PERIOD: 04/01/2003 To 04/30/2003 ITotal Principal 1 2,427.60 11,942.90 { i Interest Expenses 1415.58 10.00 Interest Expenses j 448.14 10.00 Interest Expenses 1448.14 i 0.00 Interest Expenses 484.70 0.00 Interest Expenses 484.70 1 0.00 (Total' IPrincipal (Interest Expenses I ENDING BALANCE 2,463.51 11,942.90 PERIOD: 05/01/2003 To 05/31/2003 Total Principal BEGINNING BALANCE 12,463.51' 11,942.90 ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE 520.61 0.00 i 1 Interest 1;i Expenses 1520.61 10.00 Votal Principal Interest 12,501.17 1,942.90 1558.27 PERIOD: 06/01/2003 To 06/30/2003 Total Principal Interest 12,501.17 1,942.90 1558.27 Expenses 0.00 [Expenses 1 0.00 ITotal Principal Interest Expenses 12,538.18 ( 1,942.90 1 595,28 10.00 PERIOD: 07/0112003 To 07/31/2003 ITotal (Principal (Interest Expenses 12,538.18 11,942.90 1595.28 10.00 (Total [Principal Interest IExpens'es 12,576.98 ` 11,942.90 1634.08 10.00 PERIOD: 08/01/2003 To 08/31/`2003 TotalPrincipal (Interest Expenses 12,576.98 1 1,942.90 1634.08 10.00 , (Total Principal 12,616.37 1 1,942.90 PERIOD: 09/01/2003 To 09</30/2003 ITotal IPrincipal 1 2,616.37 11,942.90 l'Interest lExpenses 1673.47 10.00 Interest lExpenses 1673.47 10.00 (Total, Principal (Interest Expenses 12,655.08 1,942.90 1712.18 0.00 PERIOD: 10/01/2003 To 10/31/2003 ITotal (Principal Interest (Expenses 12,655.08 11,942.90 1712.18 0.00 I Total (,Principal Interest IExpenses I ENDING BALANCE 1°2,695.67 11,942.90 752.77 10.00 PERIOD: Total 11/01/2003 To 11/30/2003 Principal Interest Expenses BEGINNING BALANCE 12,695.67 11,942.90 1752.77 10.00 ITotai . Principal Interest Expenses ENDING BALANCE 12,735.55 11,942.90 1792.65 10.00 PERIOD: Total 12/01/2003 To 12/31/2003 Principal Interest Expenses BEGINNING BALANCE 12,735.55 1,942.90 1792.65 10.00 ENDING BALANCE BEGINNING BALANCE ITotal Principal 1 2,777.37 1,942.90 PERIOD: 01/01/2004 To 01/31/2004 Total Principal 2,777.37 1,942.90 Interest Expenses it 1834.47 10.00 ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE .?s BEGINNING BALANCE Interest [Expenses i 834.47 ` 10.00 I Total Principal lInterest lExpenses' 12,819.83 1,942.90 1876.93 10.00 PERIOD: 02/01/2004 To 02/29/2004 Total (Principal (Interest Expenses 12,819.83 11,942.90 1 876.93 10.00 I Total Principal 12,860.16 1,942.90 Interest Expenses 917.26. l 0.00 PERIOD: 03/01/2004 To 03/31/2004 Total Principal 1 2,860.16 1,942.90 ITotal Principal 12,903.89 1,942.90 PERIOD: 04/01/2004 To 04/30/2004 Total Principal 12,9U3.89 1,942.90 ITotal (Principal Interest (Expenses 917.26 j o.00 Interest lExpenses i 960.99 10.00 'Interest Expenses 1960.99 0.00 Interest [Expenses 1 ENDING BALANCE 12,946.85 11,942.90 PERIOD: 05/01/2004 To 05/31/2004 Total Principal BEGINNING BALANCE 12,946.85 11,942.90 ITotal Principal 3,036.16 1,942.90 PERIOD: 07/01/2004 To 07/31/2004 Total (Principal ITotal (Principal Interest -ENDING BALANCE 12,991x90 11,942.90 11,049.00 PERIOD: 06 Total /01/2004 To 06/30/2004 Principal Interest BEGINNING BALANCE 12,991.90 1,942.90 11,049.00 ENDING BALANCE Y BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE f BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE 13,036.16 11,942.90 1 1,003.95 0.00 Interest ??,Expenses 1 1,003.95 0.00 Expenses 0.00 Expenses 0.00 Interest Expenses 1 1,093.26 10.00 Interest Expenses 1 1,093.26 10.00 I Total Principal Interest [Expenses 1 3,082.58 11,942.90 1 1,139,68 10.00 PERIOD: 08/01/2004 To 08/31/2004 ; Total Principal Interest Expenses 13,082.58 1 1,942.90 ( 1,139.68 1 0.00 tTotat (Principal , 13,129.70 f 1,942.90 PERIOD, 09/01/2004 To 09/30/2004 Total (Principal 1 3,129.70 11,942.90 Interest lExpenses 1 1,186.80 10.00 Interest lExpen'ses 1,186.80 10.00 (Total Principal 13,176.01 1,942.90 PERIOD,: 10/01/2004 To 10/31/2004 (Total Principal 13,176.01 f 1,942.90 lInterest Expenses 11,233.11 0.00 Interest 'Expenses 1,233.11 10.00 I Total (Principal (Interest lExpenses 1 ENDING BALANCE 13,224.56 11,942.90 PERIOD: 11/0112004 To 11/30/2004 ITotal Principal BEGINNING BALANCE 13,224.56 11,942.90 Transactions Amount Transaction Date IType 178.00 11/08/2004 Payment Without Plan ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE 1,281.66 1 0.00 I Interest Expenses 11,281.66 0.00 ITotal Principal „ I_Interest IExpenses 13,193.38 1,942.90 11,250.48 10.00 PERIOD: 12/01/2004 To 12/31/2004 Total Principal IInterest Expenses 1 3,193.38 1 1,942.90 11,250.48 10.00 ITotal [Principal 13,242.20 1 1,942.90 PERIOD: 01/01/2005 To 01/31/2005 ITotal Principal 13,242.20 1,942.90 !Interest IExpenses 11,299.30 10.00 Interest !Expenses 1 1,299.30 10.00 Transactions Amount ITra,nsaction Date Type ii i 78.67 101/10/2005 Payment Without Plan Total Principal Interest Expenses ENDING BALANCE 13,212.24 1,942.90 1,269.34 0.00 PERIOD: 02/01/ ?Total 2005 To 02/28/2005 EPrincipal Interest 1 'Expenses BEGINNING BALANCE 13,212.24 11,942.90 11,269.34 10.00 Total Principal Interest ' Expenses ENDING BALANCE 13,256.60 11,942.90 1,313.70 10.00 PERIOD: 03/01/ Total 2005 To 03/31/2005 Principal Interest Expenses BEGINNING BALANCE 13,256.60 11,942.90 1,313.70 0.00 Transactions Amount (Transaction Date Type 80.00 103/2512005 I Payment Without Plan ITotal Principal - Interest (Expenses i ENDING BALANCE 13,226.11 11,942.90 1,263.21 0.00 PERIOD: 04/01/2 ITotal 005 To 04/30/2005 (Principal Interest JJ l Expenses i BEGINNING BALANCE 13,226.11 1,942.90 1,283.21 10.00 ITotal Principal Interest Expenses ENDING BALANCE 13,273.84 11,942.90 1,330.94 0.00 j PERIOD: 05/01/2005 To 05/31/2005 Total Principal Interest Expenses BEGINNING BALANCE - 13,273.84 1,942.90 1,330.94 0.00 Total Principal Interest Expenses ENDING BALANCE 13,323.89 1,942.90 1,380.99 10.00 PERIOD: 06/01/ Total 2005 To 06/30/2005 Principal Interest Expenses BEGINNING BALANCE 13,323.89 1,942:90 11,380.99 _ 0.00 Transactions Amount Transaction Date Type l 198.00 06/27/2005 Payment Without Plan (Total Principal (Interest 1 Expenses I `ENDING BALANCE 13,274.87 1,942.90 1,331.97 0.00 PERIOD: 07/01/2005 To 07/31/2005 ITotal !Principal Interest `Expenses BEGINNING BALANCE 13,274.67 11,942.90 11,331.97 10.00 (Total Principal Interest Expenses ENDING BALANCE 3,324.93 1,942.90 1,382.03 1 0.00 PERIOD: 08/01/2005 To 08/31/2005 (Total Principal Interest (Expenses BEGINNING BALANCE 13,324.93 11,942.90 ENDING BALANCE BEGINNING BALANCE Transactions 'Amount 78.67 ITotal (Principal 13,375.76 11,942.90 PERIOD: 09/01/2005 To 09/30/2005 (Total Principal 13,375.76 1,942.90 ITransactlon Date (Type l 09/06/2005 Payment Without Plan, ENDING BALANCE "BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE (Total' Principal (Interest !Expenses' --1 I 13,346.07 11,942.90 11,403.17 0.00 PERIOD: Total 10101/2005 To 10/31/2005 (Principal (Interest Expenses 1 3,346.07 11,942.90 11,403.17 10.00 ITotal I Principal 13,397.22 11,942.90 Interest Expenses l 1,454.32 ! 0.00 PERIOD: 11/01/2005 To 11/30/2005 Total Principal 3,397.22 1,942.90 f 1,382.03 i 0.00 "Interest E.^ Expenses ` 1,432.86 10.00 Interest l [Expenses 1 1,432.86 10.00 Interest !Expenses 1 1,454.32 10.00 (Total Principal !Interest Expenses 13,447.48 1,942.90 11,504.58 0.00 PERIOD: 12/01/2005 To 12/3112005 Total Principal Interest !Expenses 1 3,447,48 1,942.90 ( 1,504.58 0.00 (Total I Principal 13,500.18 1,942.90 Interest !Expenses 11,557-28 10.00 PERIOD: 01/01/2006 To 01/31/2006 Total Principal 3,500.18 1,942.90 Interest Expenses 1,557.28 10.00 Total Principal ENDING BALANCE 13,553.69' 11,942.90 PERIOD: 02/0112006 To 02/28/2006 Total Principal BEGINNING BALANCE 13,553.69 11,942.90 ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE Interest Expenses 1,610.79 ! 0.00 Interest Expenses 1,610.79 0.00 Total Principal Interest Expenses 1 3,602, 76 1 1,942.90 11,659.86 1 0.00 PERIOD-, 03/01/2006 To 03/31/2006 Total Principal Interest Expenses 13,602.76 1,942.90 1 1,659.86 10.00 Total rr IPrincipal 1 3,657.84 1 1,942.90 PERIOD: 04/01/2006 TO 04/30/2006 ITotal Principal 13,657.84 1 1,942.90 !Interest Expenses 11,714.94 10.00 Interest !Expenses 11,714.94 10.00 Total- I Principal 1 3,711.96 1 1,4942.90 PERIOD: 05/01/2006 To 05/31/2006 (Total Principal 13,711.96 1 1,942.90 ITotai (Principal 1`3,768.70 1,942.90 PERIOD: 06/01/2006 To 06/30/2006 Total `Principal 1 3,768.70 1,942.90 Total Principal 3,824.46 11,942.90 PERIOD: 07/01/2006 To 07/31/2006 ITotal ! Principal 1 3,824.46 1 1,942.90 Interest !Expenses l 1,769.06 10.00 interest Expense$ 1,769.06 10.00 Interest !Expenses 11,825.80 10.00 Interest Expenses l 1,825.80 OM Interest lex,penses I 1,881.56 0.00 !Interest Expenses 1,881.56 1 0.00 Total Principal Interest Expenses 1 ENDING BALANCE 13,882.93 f 1,942.90 1,940.03 0.00 PERIOD. 08 /01/2006 To 08131/2006 Total Principal Interest Expenses BEGINNING BALANCE 13,882.93 `1,942,90 11,940.03 `0.00 Total Principal Interest Expenses ENDING BALANCE 3,942.29 1,942.90 1,999.39 10.00 PERIOD: 09/0112006 To 09/30/2006 Total Principal Interest ) Expenses 1 BEGINNING BALANCE 13,942.29 1,942.90 1,999.39 10.00 I Total Principal Iinterest Expenses ENDING BALANCE 14,000.61 1,942.90 12,057.71 10.00 Helene B. Raush, Esq. Bar No: 60140 Stewart & Associates, P.C. P.O. Box 2629 Suwanee, GA 30024 (866) 990-9968 phone (678) 684-4975 fax CREDIGY RECEIVABLES INC., ) CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, ) TRIAL DIVISION VS. ) Civil Action No.: CARYN MYERS, ) Defendant. ) CERTIFICATE OF SERVICE OF DISCOVERY This is to certify that a copy of the PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT was attached to the Complaint herein. The Notice to Defend, Complaint, and Verification, along with the Plaintiff's First Request for Admissions to Defendant, have been submitted to the court for filing and will be forwarded for service of process to the Defendant at the following adress: 418 KENT DR, MECHANICSBURG, PA 17055-5529 This the / 76 day of k)O -.'20 b(o . Respectfully Submitted, 0" V e,6, 4A, r, 9 Helene B. Raush, Esq. Bar No: 60140 Stewart & Associates, P.C. P.O. Box 2629 Suwanee, GA 30024 (866) 990-9968 phone (678) 684-4975 fax Q9 °v C d SHERIFF'S RETURN - REGULAR CASE NO: 2006-06673 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CREDIGY RECEIVABLES INC VS MYERS CARYN GERALD WORTHINGTON , Sheriff or Deputy Sheriff f Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upo MYERS CARYN the DEFENDANT , at 2038:00 HOURS, on the 5th day of Dec er , 2006 at 418 KENT DRIVE MECHANICSBURG, PA 17055-5529 by handing to ELMER MYERS, FATHER a true and attested copy of COMPLAINT & NOTICE tog her with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 10.56 Affidavit .00 ' Surcharge 10.00 R. Thomas Kline 00 38.56 12/06/2006 STEWART & ASSOCIATES Sworn and Subscibed to By: before me this day Deputy of A.D. rif Helene B. Raush Bar No: 60140 Stewart & Assoc. P.O. Box 2629 Suwanee, GA 30 (866) 990-9968 I (678) 684-4975 f P.C. CREDIGY RECEIVABLES INC., ) Plaintiff, ) vs. ) CARYN MYE S, ) Defendant. ) CUMBERLAND COUNTY COURT OF COMMON PLEAS Civil Action No.: 2006-6673 PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROT Enter ju Defendant, CAI PRINCI PLUS II ATTOR COSTS TOTAL POST-JUDG MONTHLY. I CERTIFY AMOUNTS CERTAIN F] A NOTICE OF AGAINST WH( ANY, AFTER' DATE OF THE NOTICE AND I Date: IONOTARY: figment in favor of Plaintiff, CREDIGY RECEIVABLES INC., and against YN MYERS, for want of an answer. Assess damages as follows: 'AL AMOUNT $ 1,942.90 TEREST $ 2,788.27 JEY FEES $388.58 $ 0.00 $ 5,119.75 (plus additional costs) ' INTEREST AT THE CONTRACT RATE OF 18.00 PERCENT PER ANNUM USING THE AVERAGE DAILY BALANCE METHOD COMPOUNDED ?T THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED :GED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM THE COMPLAINT. RECIPE TO ENTER DEFAULT JUDGMENT WAS MAILED TO THE PARTY JUDGMENT IS TO BE ENTERED AND TO HIS ATTORNEY OF RECORD, IF DEFAULT OCCURRED AND AT LEAST TEN (10) DAYS PRIOR TO THE ,ING OF THIS PRAECIPE, PURSUANT TO Pa.R.C.P. 237.1. A COPY OF THE CERTIFICATION OF SERVICE ARE ATTACHED AS EXHIBIT "A" AND "B." XQiaw A 9 " - Helene B. Raush This rc( day of Chfnher , 0?007 , judgment is entered in favor of CREDIGY RECEIVABLES INC. and against Defendant, CARYN MYERS, by default for want of an answer and damages assessed for the sum listed above as per the above certification. The court also grants permission to the Plaintiff to contact third parties who have or would reasonably have knowledge levant to the collection of this judgment pursuant to 15 U.S.C.A. § 1692c. Prothonotary EXHIBIT A-1 Helene B. Raus Bar No: 60140 Stewart & Associates, P.C. P.O. Box 2629 Suwanee, GA. 3 024 (866) 990-9968 hone (678) 684-4975 ax CREDIGY REC IVABLES INC., ) CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, ) VS. ) Civil Action No.: 2006-6673 CARYN MYER , ) NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Defendant. ) TO: CARYN MYERS 418 KENT DR MECHA ICSBURG, PA 17055-5529 IMPORTANT NOTICE YOU 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 AG ST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral and Information Service Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 DATE: Feb 6 2007 /s/ HELENE B. RAUSH Helene B. Raush Bar No: 60140 NOT CE PURSUANT TO FAIR DEBT COLLECTION PRACTICE ACT This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. EXHIBIT A-2 Helene B. Raus Bar No: 60140 Stewart & Associates, P.C. P.O. Box 2629 Suwanee, GA. 3 024 (866) 990-9968 hone (678) 684-4975 ax CREDIGY RECEIVABLES INC., Plaintiff, vs. CARYN MYE S, Defendant. CUMBERLAND COUNTY COURT OF COMMON PLEAS Civil Action No.: 2006-6673 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: CARYN MYERS 418 KENT DR MECH ICSBURG, PA 17055-5529 AVISO IMPORTANTE Usted ea este case. A me regis-tray uns s propiedad o der usted no tiene commumcarse c to en rebeldia porque ha fallado en tomar la accion exigida de su parte en Zos de que usted actue dentro de diez dias de la fecha de este aviso, as puede mtica contra usted, si el beneficio de una audiencia y puede perder su .chos importantes. Usted debe llevar este aviso a un abogado enseguida. Si un abogado y no puede pagar por los servicios de un abogado, debe an la siguiente oficina para averiguar donde puede obtener ayuda legal: SERVICIO DE REFERENCIA LEGAL Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 FECHA DEL A February 26, 2007 /s/ HELENE B. RAUSH Helene B. Raush Bar No: 60140 NOT CE PURSUANT TO FAIR DEBT COLLECTION PRACTICE ACT This comm ication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. EXHIBIT B AFFIDAVIT OF DEFAULT, CERTIFICATION OF NOTICE OF PRAECIPE TO ENTER DEFAULT JUDGMENT, AND NON-MILITARY SERVICE. STATE OF GEORGIA COUNTY OF FORSYTH Mukagasana Ginette Mukassa, first being duly sworn, deposes and says: 1. That Affiant, Mukagasana Ginette Mukassa, is duly authorized to execute this affidavit on behalf of the Plaintiff. 2. The Affiant makes this statement based upon the Affiant's review of the business records of Plaintiff kept in the normal course of business and/or the records of the United States Department of Defense Manpower Data Center, located on the i ternet at https://www.dmdc.osd.mil/scra/owa/scra.home. Attached hereto is an Account Monthly Balance Statement for the Defendant. 3. E 4. E N 5. C E FURTH] M agasana Gii Sworn to the sut Before me thiajt N ary Public, S My commission has failed to answer or appear in the above referenced matter. ;ndant is not in the military service of the United States. Attached hereto is a tary Status Report for Defendant. February 26, 2007 a copy of the Notice of Praecipe to Enter Judgment of cult was served by regular mail upon the Defendant, CARYN MYERS. AFFIANT SAYETH NAUGHT. Mukassa, Affiant ibed ate of G"a C •• TA • @ ?O • L• ? ?.•04pIRE`' y p.05 2???••??P ''% PF GEQ?,`?`? Department of Defense Manpower Data Center SEP-20-2007 12:30:07 10 Military Status Report Pursuant to the ervicemembers Civil Relief Act -;Last Name 'First/Wddle 11 Begin Date Active Duty Status Service/Agency MYERS CARYN Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Y)wk M. JM4 Mary M. Snavely-Dixon, Director Department of Defense - M power Data Center 1600 Wilson Blvd., Suite 40 Arlington, VA 22209-2593 The Defense Manpower Dat Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eli ?other bility Reporting System (DEERS) database which is the official source of data on eligibility for military medical celigibility systems. The Department of Defense §§ 501 et seq] (SCRA) (forn thousands of "does not poss( has experienced a small erro representative asserts in any SCRA, you are strongly enca person's Military Service viz duty and you fail to obtain tl you. If you obtain further informE submit your request again at This response reflects cu SCRA points-of-contact. See: strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. erly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of ss any information indicating that the individual is currently on active duty" responses, and rate. In the event the individual referenced above, or any family member, friend, or nanner that the individual is on active duty, or is otherwise entitled to the protections of the uraged to obtain further verification of the person's active duty status by contacting that the "defenselink.mil" URL provided below. If you have evidence the person is on active- is additional Military Service verification, provisions of the SCRA may be invoked against about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can Web site and we will provide a new certificate for that query. active duty status only. For historical information, please contact the Military Service WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: OINUGSKAPS SUMMARY AccountID 10187360 Charge off Balance 1,942.90 Account Provider First Select, Inc. Current Balance 4,825.23 Product Discover Card Open Date 11/10/1997 Product Type Credit Card Charge Off Date 12/31/2001 Account Number#' 4168-1000-2182-1358 Last Payment Date 09/06/2005 Account Original ID# 6011-0025-3061-2779 Customer Name CARYN MYERS APR 18.000% Report Date 09/21/2007 STATEMENT PERIOD: 12/31/2001 To 12/31/2001 t" t Total Principal Interest Expenses BEGINNING BALANCE 11,942.90 11,942.90 ! 0.00 10.00 Total Principal , Interest Expenses ENDING BALANCE 11,942.90 1,942.90 10.00 0.00 PERIOD: 01/01/2002 To !01/31/2002 Total Principal Interest Expenses BEGINNING BALANCE 11,942.90 _ 11,942.90 10.00 10.00 Total Principal 'Interest Expenses ENDING BALANCE 11,972.60 11,942.90 129.70 10.00 i PERIOD: 02/01/2002 To 02/28/2002 ITotal Principal Interest Expenses BEGINNING BALANCE? 1,972.60 11,942.90 129.70 10.00 Total Principal Interest Expenses ENDING BALANCE 11,999.84 11,942.90 156.94 10.00 BEGINNING BALANCE ENDING BALANCE PERIOD: 03/01/2002 To 03/31/2002 1Total Principal Interest Expenses 11,999.84 ' 11,942.90 156.94 10.00 ITotalPrincipal Interest Expenses 12,030.41 11,942.90 187.51 10.00 PERIOD. 04/0.1/2002 To 04/30/2002 ITotal Principal Interest Expenses BEGINNING BALANCE 12,030.41 11,942.90 187.51 10.00 ENDING BALANCE Total Principal Interest Expenses 12,060.45 11,942.90 1 117.55 1 0.00" BEGINNING BALANCE ENDING BALANCE ax, BEGINNING BALANCE PERIOD: 05/01/2002 To 05/31/2002 Total lPrincipal Interest Expenses 12,060.45 ? 1,942.90 ? 117.55 ? 0.00 Total Principal Interest Expenses 2,091.95 1,942.90 1149.05 I -0100 PERIOD: 06101/2002 To 06/30/2002 Total [Principal Interest Expenses 2,091.95 ( 1,942.90 i 149.05 ( 0.00 TotalPrincipal InterestExpenses E`NDIN'G BALANCE 2,122.90 1,942.90 1180.00 0.00 PERIOD. 07/01/2002 To 07/31/200 I Tata1 Principal'InterestExpenses BEGINNING BALANCE 2,122.90 11,942.90 4180.00 10.00 Total Principal (interest Expenses ENDING BALANCE 12,155.35 ? 1,942.90 1212.46 0100 PERIOD: 08/01/2002 To 08/31./2002 ITotal Principal Interest lExpenses BEGINNING BALANCE 12,155.36 1 1,942.90 1212.46 1 0.00 (Total (Principal Interest Expenses ENDING BALANCE 2,188.31 11,942.90 1245.41 10.00 PERIOD: 09/01/2002 To 09/30/2002 ITotal (Principal Interest .Expenses BEGINNING BALANCE 2,188.31 11,942:90 f 245.41 10.00 ENDING BALANCE (Total Principal Interest lExpenses f 2,220.68 11,942.90 1277.78 10.00 BEGINNING BALANCE ENDING BALANCE PERIOD: 10/01/2002 To 10/31/2002 (Total Principal Interest lExpenses 2,220.68 11,942.90 1277.78 10.00 Total Principal Interest Expenses 12,254.63 ( 1,942.90 1311.73 10.00 PERIOD:' 11/01/2002 To 11/30/2002 ITotal Principal [Interest Expenses BEGINNI'Nr. BALANCE ENDING BALANCE 2,254.63 1,942.90 Total Principal 12,287.99 11,942.90 0.00 'Expenses 10.00 Expenses' 0,00 311.73 (Interest 1345.09 PERIOD: 12/01/2002 To 12/3112002 Total Principal Interest BEGINNING <BALANCE 12,287.99 ( 1,942.90 345.09 ENDING BALANCE Total Principal Interest lExpenses 2,322.96 11,94190 4 380.06 1 0.00 PERIOD: 01/01/2003 To 01/31/2003 Total Principal' Interest Expenses BEGINNING BALANCE 12,322.96 11,942.90 1380.06 10,00 ITotal Principal Interest Expenses ENDING BALANCE 12,358.48 11,942.90 415.58 0.00 PERIOD: 02/01/2003 To 0212812003 ITotal Principal Interest Expenses BEGINNING BALANCE 12,358.48 1 1,442.90 1415.58 10.00 ENDING BALANCE Total Principal 'Interest Expenses 12,391.04 ? 1,942.90 1448.14 10.00 PERIOD: 03/01/2003 To 03/31/2003 Total Principal Interest Expenses BEGINNING' BALANCE 12,391.04 11,942.90 1448.14 10.00 Total Principal 'Interest Expenses ENDING BALANCE 12,427.60 11,942:90 1484.70 10.00 PERIOD: `04/0112003 To 04/30/2003 Total Principal Interest Expenses BEGIN'NING' BALANCE 12,427.60 11,942.90 1484.70 10.00 Total Principal (Interest Expenses ENDING BALANCE 12,463.51 1,942.90 1520.61 0.00 PERIOD: 05/01/2003 To 05/31/2003 Total Principal Interest Expenses BEGINNING BALANCE , 12,463.51 1,942.90 1520.61` 10.00 [Total Principal Interest Expenses ENDING BALANCE 12,501.17 I1,942.90 f 558.27 0.00 u PERIOD; 06/01/2003 To 06130/2003 Total Principal ` interest Expenses BEGIN'NI'NG BALANCE 12,501.17 11,942.90 ? 558.27 10.00 ITotal Principal Lnterest Expenses ENDING BALANCE 1 2,538.18 1,942.90 1595.28 0.00 PERIOD: 07101/2003 To 07/31/2003 [Total Principal Interest Expenses B'EGI'NNING BALANCE 12,538.18 11,942.90 1595.28 10100 [Total Principal Interest Expenses ENDING BALANCE ? 2,576.98 11,942.90 1634.08 0100 PERIOD: 08/0112003 To 08/31/200,3 Total Principal Interest Expenses BEGINNING BALANCE 12,576.98 11,942.90 1634.08 0,00 Total (Principal Interest Expenses ENDING BALANCE 12,616.38 11,942:90 1673.48 10.00 1 PERIOD: 09/01/2003 To 09/30,/2003 ITotal Principal< Interest (Expenses BEGINNING BALANCE 12,616.38 11,942.90 1673.48 10.00 Total Principal Interest Expenses ENDING BALANCE 2,655.08 11, 942.90 1712.18 1 0.00 1 PERIOD: 10/01/2003 To 10131/2003 Total Principal Interest Expenses BEGINNING BALANCE 12,655.08 11,942.90 1712.18 10.00 (Total Principal Interest Expenses ENDING BALANCE 12,695.67 1,942.90 f 752.77 0.00 i m PERIOD: 11/01/2003 To 1,1/30/2003 ITotal Principal Interest [Expenses BEGINNING BALANCE ! 2,695.67 11,942.90 1752.77 l o.00 Total Principal [Interest ENDING BALANCE 2,735.56 1,942.90 792.66 PERIOD: 12/01,/2003 To 12/31/2003 ITotal 11 Principal Interest BEGINNING' BALANCE 12,735.56 11,942.90 1792.66 Expenses `0.00 Expenses 1 0.00 Total Principal Interest Expenses ENDING BALANCE 12,777.38 11,942.90 1834.48 10.00 PERIOD: 01/0112004 To 01/31/2004 Total Principal Interest Expenses B'EGIN'NING BALANCE 12,777.38 1,942.90 1834.48 0.00 I Total Principal Interest Expenses ENDING BALANCE12,819.84 (1,942.90 1876.94` 10.00 j PERIOD: 02/01/2004 To 02/2912004 TotalPrincipalInterest Expenses BEGINNING BALANCE 12,819.84 1,942.90 876.94 ( 0100 ITotal Principal Interest Expenses ENDING BALANCE 12,860.15 1,942.90 1917.26 10.00 PERIOD: 03101/2004 To 03/31,/2004 ITotal Principal IInterest Expenses BEGINNING BALANCE 12,860.16 ( 1,942.90 1917.26 10.00 Total Principal Interest Expenses ENDING BALANCE 12,903.89 11,94190 1960.99 10.00 PERIOD: 04/01_/2004 To 04/30/2004 Total Principal Interest Expenses BEGINNING BALANCE 12,903.89 11,942:90 1960.99 10.00 I Total Principal Interest Expenses ENDING BALANCE12,946.85 11,942,90 11,003.95 10.00 PERIOD: 05/01/2004 To 08/31/2004 Total (Principal Interest (Expenses BEGINNING BALANCE 12,946.85 11,942.90 I1,D03.95 10.00 (Total Principal Interest (Expenses ENDING BALANCE 12,991.90 11,942.90 11,049.00 10.00 BEGINNING BALANCE ENDING BALANCE PERIOD: 06/D1/2004 To 06/3012004 Total Principal Interest 2,991.90 1,942.90 ( 1,049.00 F Total Principal 'Interest 3,036.16 11,942.90 11,093.26 Expenses 0.00 Expenses 0.00 ` PERIOD: 07/01/2004 To 07/31/2004 Total Principal Interest Expenses BEGINNING BALANCE' 13,036.16 11,942,90 ? 1,093.26 ( 0.00 [Total Principat Interest Expenses ENDING BALANCE 13,082.58 11,942.90 f 1,139.68 10.00 { PERIOD: `08/01/2004 To 08/31/2004 11 Total Principal Interest Expenses BEGINNING BALANCE 13,082.58 11,942.90 11,139.68` 10.00; ENDING BALANCE' BEGINNING BALANCE ENDING BALANCE ITotal Principal Interest Expenses 3,129.70 11,942.90 11,186.80 10.00 PERIOD, 09/01/2004 To 09/30/2004 Total Principal Interest Expenses 13,129.70 ? 1,942.90 11,186.80 10.00? ITotal Principal Interest Expenses 13,176.01 11,942,90 11,233.11 10100 # PERIOD: 10/01/2084 To 10/31/2004 ITotalPrincipal - Interest Expenses BEGINNING BALANCE 3,176.01 1,942.90 11,233.11 0.00 [Total Principal Interest [Expenses ENDING BALANCE 3,224.56 1,942.90 11,281.66 0.00 PERIOD: 11/01/2004 To 11/3012004 Total Principal Interest Expenses BEGINNING BALANCE 13,224.56 11,942.90 11,281.66 10.00 Transaction's Amount [Transaction Date Type l 78.00 111/08/2004 Payment Without Plan Fatal Principal (Interest [Expenses ENDING BALANCE 13,19338 11,942.90 (1,250.48 10.00 BEGINNING BALANCE ENDING BALANCE, PERIOD: 12/01/2004 To 12/31/2004 [TotalPrincipal [Interest Expenses 3,193.38 1 1,942.90 ( 1,250.48 10.00 I Total Principal Interest [Expenses 13,242.20 1,942;90 1,299.30 1 0100 PERIOD: 01/01/2005 To 01/311200S ITotal Principal Interest Expenses BEGINNING BALANCE 13,242.20 1,942.90 1,299.30 10.00 Transactions Amount Transaction Date Type 78.67 01/10/2005 Payment Without Plan I Total [Principal Interest Expenses ENDING BALANCE 13,212.24 ? 1,942.90 ? 1,269.34 10.00 { PERIOD: 02/01/ 2005 To 02/28/2005 Total Principal interest Expenses BEGINNING BALANCE 13,212.24 1 1,942.90 11,269.34 0.00 Total Principal Interest Expenses ENDING BALANCE 13,256.60 11,942.90 11,313.70 0.00 PERIOD: 03/01/ 2005 to 03/31/2005 Total Principal Interest Expenses BEGINNING BALANCE 3,256.60 11,942.90 11,313,70 10.00 Transaction Amount Transaction Date Type 80.00 03/25/2005 Payment Without Plan Total (Principal Interest Expenses ENDING BALANCE 3,226.11 1 1,942.90 1 1,283.21 0.00 PERIOD: 04/01/ 2005 To 04130/2005 Total Principal Interest Expenses BEGINNING BALANCE 13,226.11 11,942.90 1,283.21 10.00 I Total €Principal Interest Expenses ENDING 'BALANCE 13273.84 I 1 94290 ? 1 330 94 1000 PERIOD: 05/01/3005 To ,OS/31/2005 [Total lPrlncipal Interest Expenses BEGINNING BALANCE 13,273.84 11,942.90 11,330.94 10.00 ENDING BALANCE Tota4Principal Interest Expenses 13,323.89 1 1,942.90 1 1,380.99 10.00 PERIOD: 06/01/2005 To 06/30/2005 Total Principal Interest Expenses BEGINNING BALANCE 3,323.89 11,942.90 11,380.99 0.00 Transactions Amount Transaction Date Type I f 98.00 06/27/2005` Payment Without Plan [Total Principal Interest lExpenses ENDING BALANCE 13,274.87 11,942-90 ? 1,331.97 10.00 PERIOD: 07/01/2005 To 07/31/2005 Total Principal ' Interest lExpenses BEGIN'NING' BALANCE 1 3,274.87 ( 1,942.90 11,331.97 ? 0.00 ITotal Principal Interest Expenses ENDING BALANCE - 13,324.93 11,942.90 11,382.03' 10.00 PERIOD: 08/01/2005 To 08/31/2005 [Total Principal ! Interest Expenses BEGINNING BALANCE 13,324.93 11,942.90 11,382.03 10.00 [Total Principal Interest Expenses ENDING BALANCE {3,375.76 11,942.90 11,432.86' 10.00 t= PERIOD: 09/01/2005 To 09/30/2005 Total Principal' Interest lExpenses BEGINNING BALANCE 1`3,375.76 (1,942.90 11,432.86 10.00 Transactions ,Amount Transaction Date Type 78.67 109/06/2005 ENDING BALANCE BEGINNING BALANCE Payment Without Plan Total Principal 13,346.07 11,942.90 PERIOD: 10/01/2005 To .10/31/2005 Total (Principal 3,346.07 11,942.90 interest Expenses 1 1,403.17 10.00 Interest Expenses 1,403.17 I 0.00 Total Principal Interest Expenses 13,397.22 11,942.90 11,454.32 10.00 ENDING BALANCE PERIOD: '11/01/2005 To 11/301200°5 [Total Principal Interest Expenses BEGINNING BALANCE f 3,397.22 11,942.90 11,454.32 10,00 Total Principal Interest [Expenses ENDING BALANCE L 3,447.48 1,942.90 11,504.58 10.00 PERIOD: 12/01/2005 To 12/33/2005 Total Principal , Interest Expenses BEGINNING BALANCE 13,447.48 (1,942.90 11,504.58< (0.00 ITotal Principal (Interest l£xpenses ENDING BALANCE' 3,500.19 1,942.90 1,557.29 0.00 PERIOD: 01/01/2006 To 01/31/2006 Total Principal Interest Expenses BEGINNING BALANCE 13,500.19 11,942.90 11,557.29 10.00 ITotai Interest Expenses ENDING BALANCE' 3,553.69 1,942.90 11,610.79 0.00 PERIOD: 02/01/2006 To 03/28/2006 (Total Principal Interest Expenses BEGINNING BALANCE 13,553.69 11,942.90 11,610.79 10.00 Total Principal Interest Expenses ENDING BALANCE 13,602.77 1,942.90 11,659.87 1 0.00 PERIOD: 03/01/2006 To 03/31/2006 Total Principal Interest Expenses BEGINNING' BALANCE 13,602.77 1,942.90 11,659.87 10.00 ENDING BALANCE ik= BEGINNING BALANCE ENDING BALANCE [Total Principal Interest Expenses 3,657.84 1,942.90 11,714.94 ` l 0.00 PERIOD: 04/01/2086 To 04/30/2006 ITotal Principal Interest .Expenses 13,657.84 11,942.90 11,714.94 10.00 I Total Principal (Interest Expenses 13,711,96 11,942.90 11,769.06 10.00 w, PERIOD: 05/0112006 To 05/3112006 [Total Principal Interest Expenses BEGINNING BALANCE 13,711.96 11,942.90 11,769.06 10.00` ITotal Principal" Interest Expenses ENDING BALANCE 1 13,768.71 1,942.90 11,825.81 OM 1 PERIOD: 06/01/2005 To 06/30/2006 Total Principal Interest lExpenses BEGINNING BALANCE 3,768.71 11,942.90 11,825.81 10.00 Total Principal Interest Expenses ENDING BALANCE 3,824.46 ( 1,942.90 11,881.56 - 10.00 PERIOD: 07/01/2006 To 07/31/2006 ITotal Principal' Interest lExpenses BEGINNING BALANCE f 3,824.46 11,942.90 ? 1,881.56 10.00 1T*tal Principal Interest Expenses ENDING BALANCE > 13,882.93 1 1,942.90 11,940.03 10.00 PERIOD: 08/01`/2006 To 08/31/2006 Total Principal ' Interest Expenses BEGINNING BALANCE 13,882,93 11,942.90 ? 1,940.03 0.00 Total Principal Interest Expenses ENDING BALANCE' 13,942.29 11,942.90 11,999.39 10.00 PERIOD:' 09/01/2006 To 09/3012006 ITotal Principal Interest Expenses BEGINNING BALANCE 13,942.29 11,942.90 1 1,999.39 ( 0.00 [Total Principal [Interest Expenses ENDING BALANCE 14,000.61 1,942.90 12,057.71 ( 0.00 PERIOD: 10/01/ 2006 To 10/31/2006 Total Principal, (Interest Expenses BEGINNING BALANCE, 14,000.61 11,942.90 12,057.71 10.00 Transactions Amount' ITransaction Date Type 100.00 110/19/2006 Legal Expenses 55.50 10/19/2006 Legal Expenses Total Principal Interest [Expenses ENDING BALANCE 14,218.27 1,942.90 2,119.87 155.50 ! PERIOD: 11/01/ 2006 To 11130/2006 Total Principal Interest Expenses BEGINNING BALANCE 14,218.27 11,942.90 12,119.87 1155.50 Total Principal Interest Expenses ENDING BALANCE 14,280.68 1,942.90 12,182.28 1155.50 PERIOD: 12/01/ 2005 To `12/31/2006 Total Principal Interest Expenses BEGINNING BALANCE 1 4, 280.68 1,942.90 12,182.28 1155.50 Transactions Amount (Transaction Date (Type 1 61.44 12/13/2006 Legal Expense Reversal Total Principal ' Interest lExpenses "ENDING BALANCE 14,284.10 11,942.90 12,247,14 194.06 PERIOD: 01/01/ 2007 To 01/3112007 (Total Principal Interest Expenses° BEGINNING BALANCE_ 14,284.10 1,942.90 12,247.14 194.06 Total Principal, Interest [Expenses ENDING BALANCE 14,349.60 11,942.90 12,312.64 194.06 PERIOD: 02/01,/2007 To 02/28/2007 (Total Principal Interest [Expenses BEGINNING BALANCE 14,349.60 11,942.90 12,312.64 194.06 ENDING BALANCE BEGINNING BALANCE' -Total Principal Interest Expenses k 4,409.66 ( 1,942.90 I -2,372.70 194.06 PERIOD: 03/01/2007 To 03/31/2007 ;Total [Principal interest Expenses 14,409.66 11,942.90 12,372.70 194.06 Fotal Interest Expenses ENDING BALANCE 14,477.07 1,942.90 2,440.11 94.06 PERIOD: 04/01/2007 To 04/3012007 [Total Principal Interest Expenses BEGINNING BALANCE 14,477.07 1,942.90 2,440.11 94.06 [Total Principal 'Interest Expenses ENDING BALANCE' 14,543.31 f 1,942..90 ? ,506.35 94.06 1 PERIOD: 05/01/2007 To 05/31,/2007 Total Principal Interest lExpenses BEGINNING BALANCE 14,543.31 11,942.90 12,506.3S 194.06 ITotal Principal Interest Expenses ENDING BALANCE 14,612.77 11,942.90 12,575.81 194.06 PERIOD: 06/01/2007 To 06/30/2007 ITotal Principal Interest Expenses BEGINNING BALANCE 4,61177 1 1,942.90 2,575.81 94.06 (Total (Principal Interest Expenses ENDING BALANCE' 14,681.01 11,942,90 1 2,644.05 ` ( 94.06 W BEGINNING BALANCE ENDING BA'LANCE' PERIOD: 07/01/2007 To 07/31/2007 (Total _ Principal' lInterest Expenses 14,681.01 ? 1,942.90 1 2,644.05 1 94.06 ITotal Principal Interest (Expenses 14, 752.57 11, 942.90 12,715,61 194.06 t PERIOD: 08/01/2007 To 06/31/2007 Total Principal Interest Expenses BEGINNING BALANCE 14,752.57 ( 1,942.90 1 2,715.61 194.06 TotaI Principal Interest Expenses ENDING BALANCE 4,825.23 1,942.90 2,788.27 94.06 IRI W r^? w .4:- ' - A THE COURT OF COMMON PLEAS OF CUMBERLAND PENNSYLVANIA NOTICE OF ORDER, DECREE OR JUDGMENT Plaintiff(s) Defendant(s) To? Plaintiff "You are hereby n on Q Decree Nisi it Final Decree i X Judgment of a Judgment in tl Q District Justict If not satisfies Pennsylvania IGY RECEIVABLES INC. 7 Paradise Road, Suite 303 Vegas, Nevada 89109 C YN MYERS 41 KENT DR M CHANICSBURG, PA 17055-5529 Case Number 2006-6673 2006- 11 - Defendant ? Garnishee ? Additional Defendant that the following Order, Decree or Judgment has been entered against you . Equity. a Equity. 0 Confession Verdict = Court Order [X Default 0 Non-Suit D Non-Pros D Arbitration Award re amount of $ 5,119.75 , plus costs. Transcript of Judgment in the amount of $ , plus costs. l with sixty (60) days, your motor vehicle operator's license will be suspended by the Department of Transportation. By ?5I (,Ly4ti e &2?a spa" AK8 If you have any q Name/Address/TF Helene B. F P.O. BOX 2( (866) 990-9 isms concerning the above, please contact cone Number of (Attorney/FilingParty ) ,h, Bar No. 60140 Suwanee, GA 30024