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HomeMy WebLinkAbout07-0049Helene 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. REBECCA P ASH, Defendant. To: REBECCA P ASH 746 ERFORD RD CAMP HILL, PA 17011-1125 CUMBERLAND COUNTY COURT OF COMMONS PLEAS TRIAL DIVISION Civil Action No.: 0 7 - /?[ l2 Arbitration Matter Assessment of Damages Hearing Not Required NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action 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. REBECCA P ASH, Defendant. To: REBECCA P ASH 746 ERFORD RD CAMP HILL, PA 17011-1125 CUMBERLAND COUNTY COURT OF COMMONS PLEAS TRIAL DIVISION Civil Action No.: Arbitration Matter Assessment of Damages Hearing Not Required AVISO 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 Quej a y la nota son servidas entrando una apariencia escrita personalmente o por abogado y clasificacion a escribir con el tribunal sus defnsas o las objecciones a los reclamos exponen contra usted. Usted es advertido que si usted falla 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. REBECCA P ASH, Defendant. CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DIVISION Civil Action No.: D -7 - '/? 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. REBECCA P ASH ("Defendant") resides at 746 ERFORD RD, CAMP HILL, PA 17011-1125, 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 6011-0025-3011-7282, 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 4168-1000-1943-7134. 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 4168-1000-1943-7134. Plaintiff remains the holder and owner of the Account now referenced as account number 10206212 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 $8,157.79 together with accrued pre- judgment interest of $11,210.27 calculated at the rate of 18.00% per annum calculated using the average daily balance method, compounded monthly from August 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 $8,157.79 together with accrued pre judgment interest of $11,210.27 calculated at the rate of 18.00% per annum calculated using the average daily balance method, compounded monthly from August 31, 2001, plus attorney fees of $1,631.56 which may be permitted by contract or which are otherwise permitted by applicable law. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $8,157.79 together with accruing pre judgment interest of $11,210.27 calculated at the rate of 18.00% per annum calculated using the average daily balance method, compounded monthly from August 31, 2001, plus reasonable attorney fees of $1,631.56 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 $8,157.79, 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 August 31, 2001. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $8,157.79 together with accruing pre judgment interest at the highest statutory rate per annum permitted by law from August 31, 2001, and costs of this action. Respectfully submitted this 2? day of De -P . , 20 6(? . 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, LISA MCGRAW, 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, REBECCA P ASH, and the facts set forth in the foregoing Complaint are true and correct based on information and belief. CREDIGY RECEIVABLES INC. BY• Y D te: December 19, 2006 I- Lisa McGraw, AFFIANT EXHIBIT A DISCOVER: CLASSIC 1MPORIIANT INFORMATION ABOUT YOUR ACCOUNT CARDMEJMSE'ti AGRP3MENT The terns and conditions of yow Account, indudirig how we calculate finance charges, our fees and an Arbitration of Disputes secborr..... SEE PA GES I - I I PRIVACY POLICY A summary of the persomi Information -we collect, when it maybe shared with others, how we safeguard the conlii6entialiity acrd security of infomr2tion and the steps you may take to limit our sharing .of such inioormaiion with others ......... SE PAra 12 - t3 131L1NG RIGHTS Jmportainf Information about your rights and our responsibilities under the fair Credit Bining Act .. , , . .......................... 5aPAGES 13- 76 CASHSACK BOIJUS' TZIMS AND CONDJIIONS The terms and condition's of the Cashbark Bonus* award program, including a desorption of how we calculate the award and how it is paid .......... , , ............................. SEE PAGES 76 - 18 CSMFICATx OF INSURANCE The terms and conditions of the Scheduled Air Travel Accident Insurance that is provided at no t barge to you when you use your Card to purchase amine tickets ....................... SEE PAru 78 - 20 CARDMEMBER AGREEMENT Plaase read this Agreement rare}ully before using your Discover' Card Account it come ns the terms and conditions of your Account some of which may have changed from earlier materials provided to ygu, !n the event of any eMerences, this Agreement shall oontroL We respect your privaT See the Privacy Section on page a and our Privacy Polity for additional Information. The Arbitration of Disputes Section on page 10 Includes a waiver of a number of fights, including the right to a jury trial. CARDMEMBER AGREEMENT Agreement Terms .................. ........... 2 Acceptance of Agreement ....................... 2 Use of Your Account ........................... 2 Authorized Users .............................. 2 Unauthorized Use ............................. 2 Credit Limit-Avallable Credit ..................... 3 Promise to Pay .. ... ....................... 3 Monthly Billing Statement ....................... 3 Monthly Payment options ....................... 3 Minimum Monthly Payment ..................... 4 Cmdk Balances. ............................... 4 Balance Transfers .............................. 4 PlnanFe Charges . ............................ 4 Periodic Finance Charges . ......... .......... 3 Cash Advance Transaction Fee Finance Charges ...... 7 Salance Transfer Transaction Fee Finance Charges .... 7 iriinhurn Finance Charge ....................... 7 Returned Check Fee. .................. 7 ReWmed Discover Card Check Fee ................ 7 Stop Payment Fee ............................. 7 Late Fee. .................................... 8 Pay-by-Phone Fee .............................. 8 Research Fee ................................. s Overlimit Fee ................................. Defauky4a-elerat3on-Calfettion Costs ............. . Cancelia'Non .................................. Privacy .............................. Credit Authorizations .......................... 9 Change of Terms .............................. Change of Address .. ....................... T Assignment of Account ........................ Y Arbitration of Disputes ........................ 1 Cornpilance wkh Interast Rate limitations .......... 7 Governing Law ............................... 1 -1- 8 8 a 9 D D D 1 1 02001 01smar Bank, Member F= 9040DfJW AGREEMEUT TERMS. The word 'Account' means your Discover Card Account The word 'Card' means any one or more Discover Cards issued1n you ar someone else with your authorization. The words .'you'.. your", or 'yours' refer to, In addition to-you, the Cardmember, any other person or persons who are also cantraaually liable -.under: this Agreement. The Jwords'we', 'us' and'our' refer w Discover Bank, the issuer of your Discover Card. Thewords'Authorized user, mean any person whom you authorize to use your Auamt or a card, whether you notify us or not, The words "Pricing Schedule' mean the document accompanying your Card and listing the Finance Charge rates that apply to your Account The Pricing Schedule is part of this Agreement ACCEPTANCE OF AGREEMEAT The use of your Account or a Card by you or an Authorized 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 1D. USE OF YDUR ACCOUNT[ Your Amount may be used for, • Purchases - to purchase or lease goods cr services from participating merchants by presenting. your Card or Account number. • Cash Advances - to obtain cash advances from participating automated teller madhinim finandal institutions or .other locations, or by means of checks which we may furnish to you, all in accordance wft .such addtfonal tenths and conditions as may be imposed horn time to time. • Balance Trarsfers - to transfer balances from other creditors or to make othertransealons by means of balance transfer coupons or checks, in accordance with such additional terms and conditions as we may offer from time to tine. In addition, your Amount may be used to guararrme reservations at participating establishments. You will be liable for guaranteed reservations that are not canceled prior to the timt specified by the establishment. Your Account may be used for personal, family, household and charitable purposes. Your Account inay not be used to obtain loans to purchase, tarry or trade in securities, or to pay any amount you owe under this Agreement ('Prohibited Traruacdons'). Prior to'Its use, each Card must be signed by the person to whom It Is Issued. we are not responslble for the refusal of anyone to adept or honor a Card or to accept checks that we have provided yon. You must return any Card or unused checks to us upon request AMOR1ZED USERS if you want to cancel the authority of a current Authorized User to use your Account or a Carrdd you must nodfy us in writing err by telephone and destroy any Card in that person's possession. None of your rights under this Agreement (tither than to pay amounts owed) may be exercised by any person not a party to this Agreement acting pursuant to a power of attorney, without our separate written agreement (which We are not obligatedto give). UNAUTHORIZED USE. If a Card is Post or stolen, or if you think that someone is using your Account or a Card without your perml%lon, notify us lmmediately. You can notify us by -2- teiepimning 1-1100-DISCOVER (1-1IDD-947-2683), or by writing DISCOVER CARD, Po Sax 15156, Wilmington, I)E-19E86-1002. You agree to assist us in determining the facts relating to any theft or possible unauthorized use of your Account or a Card and to comply with Stich procedures as we may require in conrxclion with our irrrestigation. Cum umrT-AVAILABLE CREDIT- We•wiil advise you of your Account credit limit We may impose a lower limit-that will apply to cash advances, referred to as the cash advance uledit limit You agree not to allow your unpaid balance, including Finance Charges and ieas,-w exceed your Account credit limit if you exceed your Account credit limit, we may request immediate payment of the Vraount by which you exceed your Account credit limit we may Incmase or decrease your Account credit limit or your cash advance credit Amit without notice. The credit available for your use may, from tirneao- ime, be less than your Account credit limit. For purposes of determining your availabie vedlt, 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 increased by the amount of any credit balance. PROMISE'TO PAY, You agree to pay us in US Dollars for all purchases, cash advances and balance transfers including . applicable Finance Charges and other charges or fees, incurred by you-or anyone you authorize or permit to use your Amount or a Card, even if you do not•notNyus that others are using your Actourd or a Card. We will convert purchases and cash advances made in a foreign•currency to.US. Dollars at a rate existing on the date of conversiom if you may us in other than U.S. DDllars, we may refuse-to accept the payment or charge your Amount our cost to convert ym r. paymesrt 1a US. Dollars. A I checks must be drawn on funds an deposit in the U.S, You may not use a cash advance check, balance,trareer check or caupoil or any other promotional check dravm on any Discover Bans: Credit card account to make payments on your Account. If your Account Is a Joint Account, each of you agrees to be liable Individually and Jointly for the entire amount owed an your Account. We can accept late paymenz3 or partial payments or checks and matey Orders marked 'payment in full" or with any other restrictive endorsement without losing any of our-rights under this Agreement MONTHLY BILLING SATEMEX. 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 of S1.Do or more. The-billing statement will-show all pwchases, cash advances, balance transfers, Finance Charges and other Charges or fees and all payments- or other credits pasted to your Account during the billing period, it will show your New Balance, Minimum Payment Due and Payment Due bate. MONTHLY PAYMENT OPTIONS. You may at any time pay the entire New Balance shown on your billing statement, but each month you must pay at least the Minimum Paymerrt Due All payments must be mailed or delivered so us in Delaware at -3- Discover iartiti PC Box 6011, Dover, DE 199034011 or byusing the ertrelope enclosed with such statement. We will apply payrnena and credits to the New Balance shown. on your current %%ing statement in order of the Annual Percentage Rate applicable to the balance of each transaction category, from lowest to highest beginning with the balance subject to the lowest Annual Percentage Bate. We then apply paytneritt and credits to any new transaction, using the same method. Hovgeeve; we have the right to apply payments and credits to balances with higher Annual Percentage states prior to balances with lower Annual Percentage Rates, such as when there are two inftfal special rates applicabte to your Account and the lower Annual Percentage Rate will expire before the higher Annual Percem9e Rate. mimmuM moNTHLY PAYMENT. The Minimum Payment Due eaci month will be the sum a( any amount past due and the minimum monthly payment The minimum.monthly payment each month will be the greater of S10.DD or an amount equal to ibM al the New Balance. rounded to the next higher whole dollar amount. However, H the New Balance Is less than S 10.0%, the minimum monthly payrnem will be the amount of the New Balance. Paying the Minimum Payment Due may be insufficient to tiring your Account balance below your Account cred}t limit and, consequently,' may rot avoid the imposition of the Dverfirnit Fee described in the Overfimii Fee section. CREW. HALAIKES. WE will refund any credit balance withO seven business days from receipt of your written request if you do not request a rentnd, ive will automatically refund credit balances greater than 51.00 which remain in your Acwx%aftw.iwo billing periods. BALANCE TRAN5FRR5. We may periodically offer you the opportunity to transfer balances from critter creditors or to make other transactions to yourAccount by means of'balance transfer coupons or chedm Each offer will contain an Initial special rats, which will be the Annual Percentage Rata that will apply to transferred•balences frsrthe time period spedr7ed in the offer and may contain a Balance Transfer Transaction Fee Finance Charge for eacfrbalancetransfer made during the term of the offer, as disclosed in the offer: After the expiration of this time period, the Annual Percentage state that applies for purchases will apply to transferred balances. Balance transfers subject to the initial special rate are referred ta.as special rate balance transfers balance transfers for which the initial special rate has 4wpfred are referred to as purchase raft bat-am transfers. Each offer will contain an expiration datu_ if you attempt to transfer balances by means of a check after the expiration, date, we wUl treat the transaction as. a cash advance. We will not make balance transfers attempted by means.of a coupon after the expiration date. ANANCE CNAAGES. You tail avoid payment of Periodic Finance charges on newpurchases ifyou pay the New Balance shown on the billing statement on which the purchase fn-st appears by the Payment Due Date, and the Payments and Credits on that Statement equal or 'exceed your Previous _4.. Balance: We all this the `grace. period." You do not have a grace period on balance transfers m cash advance6 Periodic Finance.Cnarges are imposed on new balance transfers and cash advances beginning with the date the transaction occurs. PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on all transactions until the date of repaymerrL Repayment means payment of your entire New Balance_ However, if you pay the New Balance shown on the current frilling statement by the Payment hoe Date, and the Payments and Credits shown on this statement equal 'or exceed the Previous Balance, we will nat impose. Periodic Finance Charges on new purdhasak that is, purchases first appearing an the current statement Otherwise, you will receive a billing statement the neat month that includes Periodic Finance Charges imposed until the date of. repayment Wo compute Periodic Finance-charges each day for purchases, cash advances, and balance transfers ("ich we refer to as transaction categarfes) by using the following equation; Average Daily Balance x number of days in the bailing period x Daily Periodic Rate. (You may refer to the finance charge summary an the frost of your billing statement for these amounts.) Then we add all the Periodic- Finance Charges -for each transaction category to get the total. Periadic Finance Charges farywAErount fheAverage Dail, lMlanceisshown ab 29PD if no Periodic finance Charges appfy10 the balance Jr) a transaction category. We use the twacyde average daily balance pncluding new transactions) method of calculating the balance upon which we impose Periodic Finance Charges.'Tttis means if you did not pay the New Balance shown on the billing statement you rer,eived during the pa idom biting period by the ?ayrnent Due Date, we will impose Periodic Finance Charges gn_ngw purchases that first appeared on that billing statement, as well wi new purchases that 1rnt appear on the current billing statement, unless the already unposed- Periodic Finance Charges on t'ne purchases on your previous billing statement We compute the average daily balance for each transaction category by adding up-a)) the dally balances-in a billing period for a transaction category and dividing the tunal by the number. at-days in the billing Cycle. We compute the daily balance for each transaction category on each day by nest adding the following to the previous day's daily balance. transactions -made that day, fees. cbacged that day and Periodic Finance Charges accrued on tha previaw.oay's. daily balar= one my then suotracting arry credits- and paymerrts trial are applied against the balance of the transaction categor)t 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. $pedal rate balance transfers and Balance Transfer Trans: action Fee Penance Charges are included in The daily balance of the balance transfer transaction category. Balance transfers that were subied to .an igitiat special rate that has been terminated due to a late payment are also included in this. _5_ category until the initial special rate otherwise would have expired. in calculating the dally balance of the balance transfer transaction category w the first day of tire billing period, we wbvact. the unpaid balance of those Balance Transfer Transanion 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 in the purchase transaction category wlth the exception of Cash 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 inimnion caregaty, if a transaction is posted to your Account after the dose of the billing period in which it occurs, we will treat the transaction as having occurred on the first day of the billing period in which it is posted to your Account. IT) Rate Plans The Daily Periodic Rate and corresponding Annual Percentage Rate that apply to each ti nsacdon category is either is fixed rate or a variable rate) asset forth in your Pricing Schedule. The Deily Peraodic• Rate -is- 1/365th of the corresponding Annual Percentage Rate. The variable Annual Percentage Rate for a vansaction category is determined by adding a specified "Mow of pereariuse pdt% to the Prime Rate. This is shown on the Pricing Schedule as "Prime + (percentage points}.' For purposes of this Agreement, the Prime Rate is fire highest rate of interest listed as the 'prime rats' in the money rates section of The "J Street Journal on the last bus;chess clay of the month. The Prime Rate is merely a pricing trhdex and don not represent the lowest or bee, interest rate available to a borrower at any bank at any given .time. Your ecrease when the Anna) Percentage Rate will increase or decrease' prime Rate changes. This change oil! be effective beginning = the first day of the billing period that belpins during the month immediately following the change in the Prime Rata (?) Annual PeMentage Rate for PuroSases we may have offered you an introductory rate an purchases. Time introductory rate is the Annual Percentage Rate that will apply is purchases for the time period specified in the offer. Attu expiration of this time pxrfgd, the Annual Petcerrtage =V or pases will apply. fie Daily Perfadit Rates and onding Annual Percentage Rates in eifeR on the date this Agreement is furnished to you are set forth in the Pricing Schaduk (3) Annual PArteritage Rate for Lash Advairces The Daily Periodic Rats and corresponding Annual Percentage Rate in effect an the date of this Agreement Is furnished to you are set forth in the Pricing Schedule. (d) Annual Percentage Rate lonBalance Transfers The Daily Periodic Rate and corresponding Annual Percentage Rate in effect for special rate balance trdnsfers will be set forth in the offer from.n s undo which you make the balance -6- transfer. As indicated in the Balance Transfers Section above, purchase rate balance transfers will be subjea to the Gaily Periodic Rate and corresponding Annual Percentage Rate that apply to purchases. The Daily Periodic Rate and corresponding Annual Percentage Rate in afied on the date tfiis Agreement is furnished to you are set forth in the Pricing Schedule. CASH ADVANCE TRANSACWN FEE FINANCE CHARGES. We will charge you a Cash Advance Transaction Fee Finance Charge of 356 of the amount of each new cash advance, There is a minimum Cash Advance Transaction fee FINANCE CHARGE 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 Percentageitate. All iomis al cash advances, including the use of Discover Card checks, regardiess of the purpose for which used, are subject to Cish Advance Transaction Fee Finance Charges. To obtain the tarn{ finance Charge an cash advances for each billing period, we add any Cash Advance Transaction Fee finance Charges for the billing period charged under this Section to any Periodic Finance Charges calculated under the Periodic Finance .Charges Section for the cash advance transaction category. BALANCE TRANSFER TRANSACTION FEE FINANCE CHAR Cv3. If the balance transfer offer you . receive Wntairns a Balance Transfer Transaction Fee Finance Charge, We WdI charge you a Balance Transfer Transaction Fee Finance Charge for. the amount of each balance transfer made under that affer. The imposition of Balance Transfer Transaction Fee Finance Charges may result in an Annual .Pertetnage Rate for haiante transfers that is higher than the nominal Annual Percentage Rate. To obtain the total Finance Charge onbafarue transfers for each billing period, we add any Balance Transfer Trans. action fee Finance Charges for the billing period charged under this Secdon to any Periodic Finance Charges caieulated under the Periodic Finance Charges Section for the ba;ant;e transfer transaction category, MINIMUM FINANCE CHARGE: We will charge you a minimum FINANCE CHARGE of 5.50 for any billing period in which some FINANCE-CHARGEof less than 5.50 would otherwise be imposed. RETURNED CHECK FEL We will charge you a Returned Check Fee of S25.W each time you pay i s with a check that is returned unpaid. This fee wiil•alsa apply if a debit transaction to a deposit %tco unt from whiidr.you have authorized. is in writing to periodically deduct all or a part Of an amourrt you owt us under this Agreement is returned unpaid. We. wilt charge you this teethe first time any -payment is returned unpaid even If It is paid -upon resubmission. RETURNfo DISCOVER CARD CAECK FM We will charge you a Rewmed Check fee of Sa.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- S15.00 each time we stop payment at your request on a cash advance check balance transfer check, or other promotional check. tATE FEE. We will charge you is late Fee of ;23.0 each time that, as of the Payment Due Dace, you have fa(led to make the Min'arwm Payment fore that was required to be paid by that date. PAY 8Y 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 deposh account to your•Acmunt We wili charge a Pay-by-Phum Fee of 510 for each such transfer or payment of less than 51,500. RESEARCH FE'c. We may charge you a Research Fee of S5A0 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. OVEROMM FEE. We wAJ chargeyoa an Dverlimit Fee of .29.00 each time that, as of the close of is billing period, yaw ouvianding Account balance exceeds your Account credit limit This tee may be charged even If the transaction which causes you to exceed your Account credit limit is authorized by us or if you exceed your Account credit limit due to the posting of Finance Charge or fees to your Amt ont. DvAuLT-ACCELERAnON-COLLECTION COSTS. You are ih defauft if you become insolvent; If you file a bankruptcy petition or have one nledagaJnst you; 1f we have a reasonable belief that you are unable or unwilling to repay your obligations to us', If you are dedared incornpetent by a court or if a court appnird s a guardian for you or a conservator for your assets;, If you die; or If you fail to comply with the terns of this Agreement, including 'failing to make a required payment when due, exceeding your Account credit limit, or using your Card or Account for a Prohibited Transaction. If you are in default, we may dedare the entire balance of your P,crourrt-immediately e.and payable without notice. if we refer the collection of your Amount to an attarney or employ an attorney to represent us with regard to recovery of money that you owe us, we may charge you reascrrab)e attorneys' fees and court or adier. erection costs.as permitted by law and as actually incurred by us. We may delay enforcing or not enforce any of our AgInIs Under this Agreemenrt wychout losing or waiving any of them. CANCELLATIOtA. tau may cancel your Account by notffyhtg us in writing or by telephone and returning or destroying every Card and unused check 'hat we have.prtruided you. of course, you will stir( be responsible to pay any amount you awe us according to the terms of this Agreement. If your Account Is a jamt Accaurd. each of you may cancel your Amount. We may cancel or suspend your Account at any time without notice. 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 Orir Privacy Policy induces a summary of the personal information we coffecc, when it may be shared with others, how we safeguard the confidential ty and ^B" security of information and the steps you may take to limit .our sharing of such information with others. Please read it carefully as it is part -a) your Cardmember Agreement. As indicated in our Privacy Policy, we' may report to credit reporting agencies and other creditors the status and payment history of your Account, including negative credit information. We normally report tc suds credit reporting agencies each month. 11 you believe that our report of your Acown status L inacturate W incomptete, please write us at the following address: Discover Card, PO Box 15316, Wilmington DE 19850-531& Please indude•yotsr 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 Cardmembers without notice to you. We may use automated telephone equipment or prerecorded telephone calls to contact you about your Account. We provide. various rnethnds by which you can obtain information about your Account We will only release such information to you, any Authorized User that our records indicate is an authorized buyer on your Account, and any other person-with your prior permission, in addition to as provided in our Privacy • Policy ar as required by law. Our security measures cannot insure against un;uthortzed Inquiries. You agree that we will not be responsible for the release of information to anyone who, even if without your authorization or permisslon, has gained possession of a Card ar has leaned other identifying characteristics aboutyou such as your parsons! identification number, Accaurit number or social securty numbat CREDIT AUTHORIZATIONS. Certain transactions will require our authorization prior to completion of the transaction. in some cases, you may be asked to provide Identification. f f otA authorization system is not working, we may not be aisle to autharlL° a transaction. We will not he liable to you if any cf these events happen. CHANGE OF TERMS. We may change any Tenn or part of this Agreement, including any finance charge rata, fee or method of torn pudng any balance upon which the finance charge rate is assessed, or add any new term or part to this Agreement by sending you a written notice at Itast 15 days before the change is to become effective. We may apply any such thangs tg the. outstanding balance 4t yout Account on the effective date of the change and to new. charges made after that data. 11 you do not agree. to the change, you must notify us in writing within 15 days after the mailing of the notice of change at the address provided 'in the notice of change, in which case your Account will be dosed and you must pay us the balance that you owe us under the existing terms of the unchanged AgreerrrenL Other-Ise, you will have agreed to the changes In the notice. Use of your Account after the effitfve date of the change will be deemed acceptance of the new terms as of such effective date, even If you previously notified us that you did not agree to the change. _g_ CHANGE OF ADDRESS If you change your address you mull notify us gf your new address within 13 days, ASSIGNMENT Of ACCOUNT. We may sell, assign or transfer your Account or any portion thereof without notice to you. You may notsell, assign or transfer your Account without first obtaining oLr prior written consent ARBITRATION OF DISPUTES. In the evenl of any past, present or future claim or dispute (whether based upon contracL tore, statute, common law ar equity) between you and us arising from or relating to your Account, any prior account you have had wtth.us, your application, the relationships which result from your Account or the enforceability or scope of this ariiintation provision, of (fie Agreement or of "y. prior agreement, you or we may elect to resolve the claim or dispute by binding arbitration. IF EITHER YOU OR WE ELECT ARBITRATION, NEITHER YOU NIP, WE SHALL HAVE THE RIGHT TO U7IGATE THAT CLAIM IN COURT OR 70 HAVE A JURY TRIAL ON THAT.O .AW. PRE- HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS wits. RE LIMITED. NEITHER YOU NOR WE $HALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDMEMBERS AMTH RESPECT TO OTHER ACCOIJNT5, OR ARBITRATE ANY CLAIMS AS A REPRESENTATKM OR MEMBER OF A CLASS OR 114 A PRIVATE ATMRNEY GEWFAL WAOTY. Even if all parties have opted to litigate a claim in court, YOU or eve may elect arbiiravon with respect to any Claim made by a new party or any new Claims later asserted in that lawsuit, and nothing undertaken therein shall constitute a waiver ai any rights under this arbitration provision. We will not invoke our right to arbitrate an. individual claim you bring in small claims corm or your. state's equivalent court, if any, so long as the claim is pending only in that court and does nut exceed SS,DMDD, Your Account )nvolves interstate commerce, and this provision shall be governed by the Federal Arbitration Act (FAA). The arbitration shall be conducted, at the option of whoever riles the arbitration clafm,'by either JAM&Indispute UAt+AS) or the National Arbitration Forum iNAF) In accordance with their procedures in effect when the claim is filed. For a copy O: their procedures, to isle a daim or for other information, contact JAMS at 192111 Main Street, Suite 3DO, Irvine, CA 92514 (phone 14004wlsw) or RAF at P.O. Boa 50191, Minneapolis, MN 55405 (phone 1-80"74-2371). At your written request, we will advance any arbitration filing, administrative and hearing fees whicli you would be requiredto payto pursue a Claim m dispute as a result cif our electing to arbitrate that claim or dispute. Send requests to P.O. Box 95152, Wilmington, DE 19836-1020. Tfte arbitrator will decide who will ultimately be responsible for paying those fees. In no event will you be required to reimburse us for any arbitration filing, administrative, or hearing fees `fn an amount greeter then what your and our combined court costs would have been if the claim had been resolved in a state court with jurisdiction. -10- Any arbitration hearing will rake place in the federal judicial district where you reside. The arbitrator shall foflow applicable substantive law to the extent consistent with the FAA and applicable statutes of limitations and she)) honor claims of privilege recognized at law. If requested by arty party, the arbitator shalt write an opinion containing the reasons for the award, The arbitrator's decision will be final and binding except for any appeal rights under the FAA and exceptthal if the amount in cornroversy exceeds Iion,DDO.DD, any party may appeal the award within all days to a thtse. arbitrator panel which shall review the award de novo. The costs of such an appeal shall be borne by the appealing party regardless of outcome. Judgment upon any award by the arbitatot. may be enforced in any Court having jurist iciron. Our rights and obligations. under this arbitration provision shall inure to tlx benefit of and be binding upon our parent corporations, subsidiaries, affiliates (including, wtthcut limitation, Discover Finandai Services, Inc.), predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities, andwill also inure to the benetTt of any third party named as a co-defendant with us or with any gf the foregoing in a claim which is subject to this arbitration provision Your right; anti obligations under this arbitration provision shall inure to the benefit' of and be binding upon all persons cony, ractuafly liable under this A reement and all Authorized Users of the Account. -This arbitration provision shall survive termination of your Account as well as voluntary paymerst in full by you, any legal pproceeoings by us to collect a debt owed by you, any bankruptcy by you and any sate by us of your Account- COtBPUANCE WiTh-INTEREST 0ZE WAITAMONS. We intend that this Agreement will comply with applicable interest rate limitations You will not be required to payFiaance Charges or other charges at -a rate that is greater than the maximum amount permitted by taw. If it is ever finally deterrrdned that, but for this Section, the France Charges or other charges under this Agreement would exceed the rr=lmum lawful amount, the Finance Charges and other charges will be reduced to the maximum lawful amount. Any excess amount that you have aiready paid will be used to reduce the out- standing balance of your Account or will be ?efundid to you by mearts 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 unenforceable. Distver Sank DISCOVER CARD Ro'-1-I Vice President -11- PRIVACY POLICY We Aespe>:t Your Privacy our mission is to provide you with superior products and services, along with the peace of mind knowing that yaw privacy is secure. We understand your concerns about ..emg 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 lniormation. This Privacy Policy describes our efforts to meat these objectives. h includes a summary cd the personal information we 91'at, when it may be shared with others, how we safeguard the confidentiality andsecurhy of iniom"ars, and the seeps that you may take to limh our sharing of such information with others. Please read h carefully. We hope our privacy Policy vrili help you understand Iwo we collect and share Information. t. WHAT PERSONAL INFORMATION DO WE COLLECT? 70 serve you better and manage our businesy it is important that we collect and maintain accurate personal information abort eyaauu, we obtain this Information from applications and orherfi4% you subrahto us, *13111 your dealings with us and other, from consumer -reporting agencies, and from other sources, such as our Web sires. For example, • We rosy obtain information such as your name, address and dace of birth from applications and other forms you submit to Ls. • We may obtain information such as Account balances, Payment history. your use of your Account and the types of services you prefer from your transactions and other dealings with us and others • We may obtain information such as the balances of your loans with other lenders and your payment history with others from consumer reporting agencies. • We may otrtain information such as your irrtemet service providr.C your domain nanht, your computer: operating system and Web browser, your Web site use and your product and service preferences from your visits m our web sites. Z IS PEr7SONAl. INFORMATION SHARED WITH OTHERS? we limit the sharing of information with others Many of the offers you receive ern •praducls and ssavices are Provided directly to you from us. For example, a retailer that accepts the Discover' Card may come to us with a special offer for Cardmembers, such as. a discount certificate or product upgrade. After careful eorssideration of the nature of the alter and the company'-wt will create a list of Cerdmembeis who may be interested in the offer based on terrain characteristics. We will send the offer directly to those Card- members on behalf of the retailer t% for example, including an insert in their monthly bili'Sng statement or mailing the offer ourselves we control the information used to make the offeg we do not share the list or any personal information wbhthe retailer. There are, however, circumstances in which we may share the information we collect about you, as described in Section 1. with other companies in order to•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 only for the limited purpose for which it was shared. We do not allow them to disclose 11 to other, without our prior approval. a, sharing Personal information- with Our Corpome,;FarriRy We are pan of the Morgan Stanley Dean Witter -family of companies. Our corporate family offers a wide variety of producrsand services thai can help you manage your finances. In order to provide you with amli% tc, these products and services, we may.share the information we collect about you, as described in Section 1, with other members of our corporate family. These companies -include financial service providen tflat crifer mortgage lend'mg services. securities and asset managemerri. services, imiestmert opportu irties and mutual funds, and may include runt-nnancia! service providers in the suture as our corporate family torninues to grow. b. Sharing Personal Information with Nan Affifrared Parries for Marketing Purposes we may share the information we calleC' about you, as described in Sedan 1, with non-affriiatsd third parties, including those that accept the Discover Card, in order to provide you with access to producrs ,and services affere:d directly by these companies that may be of value to you. These companies include financial service providers, such as lnssrante tonipanie; and nonfinancial companies, such as retailers. c Sharing Personal information with Otherv We may share the information we collect about: you, as dscrlbed in Section 1, with companies that perform wpport or marketing services an our behalf, such as mailing, market research and data-processing; other financial institutions with which we stave joint marketing agreements or companies that are our panne for cobtend cretin card programs or reward programs. We may also -share such Information as permitted by law. 3. HOW DO WE PROT517i THE CONFIDEMIALrN, SECURITY AND INTEGRITY OF INFORMATION A$OUT'loU7 We maintain physical, electronic and procedural safeguards to protect the irfiorrnation we collect about you. Access to such h$ortnariorii5 restricted to indWsduaisaruho need }tin order to seryice your Account or provide produces and services to you, and who are trained In the proper handling of such information. Employees who violate these confidentiaiity requirements are subject to -our disciplinary process. Where third parties provide support services, vde require their 'to conform to our privacy standards. tt 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 irriormation is incomplete or ina¢urate, please write to us at Discoveriard, P.D. Box 30%1, 5ah Lake City, 07 8413D-0961 so that we can update this iniormation. 4. HOW CA14 YOU LIMIT SHARING OF INFORMA7 ON ABOUT YOU7 We respell your privacy and after you choices as to whether we may share information about you with others. N you prefer That we not share the in'farmartion we collect, about you, as described in Section 1, with non-affiliated third panes or if you prefer that we rat share that information with companies in our corporate family, you racy opt out, that is, you may direct us not to share that information, if you indicate a preference that we do not share that itriorrnation, please understand that you will not receive offers far products and services provided by other companies that could help you lower your COM maximize your financial resources and manage your finances. To indicate your preferences, call us at 1-8DD-225-5202 or write to us at Discover Card, P.D. Box 3D961. Saft Lake City, UT 641300961. 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, vue require that the request be provided by you direcEly.and not through a third party, You will need to provide us with your preferences far each credit card account you have with Lm You may ratify us about your preferences at any time. If you have previously notified us, it is not necessary to do so again unless you decide to change your preferences.'Yout request will remain in effect until you notify us otherwise.. We will honor your request and oat share the information we collect about you, except as permitted by law. For example, federal law permits us to share information about you with consumer reporting agencies, service providers and marketing partners. It also permis US to share information about our experiences and ttarsectlons with you, such as your Account-balance-and payment hiswry With other members of our corporate family. If you area new Cardmember, we will not share any information about you, except as permitted bylaw, for thirty days after we provide this policy to you, in order to give-you an opportunity to inform us about your preferencei. if you are an existing Cardmember, please undersuand that you may continue to receive marketing afters directly fiom -other companies that were already in production prior to the processing of your requesL Tnls ? ' Poficy is provided to the primary Cardmember listed on the Account. However, any joint Cardmember has the right to rxrtif? us about preterencesturid we will treat that request as appgyrng to the en#ire AttourrL We do not share information about former customers, except as permitted by law. This Privacy Policy is provided to you by Discover Bank and 113 subsidiaries, which currently include GTC Insurance Agency, Inc It applies to the Discover Platinum, Dismver Gold, discover Classic and Discover Private assuel Cards, and the products and services offered 1n connection with those cards, indud'ing The negister' card registration service (with the exception of any information registered in connection 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 irriormation. Please note that you will also receive privacynvticw 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. CLPLPIGDM1 Your Billing Rights KEEP THIS NOTICE -FOR FUTURE USE This notice contains important information about your rights and our responsibilities.under the Fair Credit, Billing Act. 1. Nottty Us-in use of Errors or Questions About Your BTU If you think your bill is wrong, or if yov need more information about a transaction on your bill, write us on a separate sheet of paper at the addrea listed on your blli'for Notice of Billing Errors. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first brig on which the error. or problem appeared. You can telephone us, but doing so will not preserve your sights, In your letter, give us-the following 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 ate item you are not sure about If you have authorized us to pay your credit card bill autommicaffy from your savings or checking account; you can stop the payment on any amount you think is wrong. 10=P the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. 2. Your Rights and Our Responsibilities After We Receive Your W:ft rr Nonce We must acknowledge your letter within 39 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the hill was correct Afar we receive your letter, we cannot try to collect any amount you question, or report you as delinquerrL We Can conrtinue to bill you for the amount you question, including finance dzarges, and we can apply any unpaid amount against your Account credit limit Yqu -do not have to pay soy questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. -15- it we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. H we didn't make a mistake, you may have to pay the finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. if you fail to pay the amoum that we think you owe, we may report you as delinquent. Hovrevet, if out explanation does nal satisfy you and you write us within ten days telling us that you stet refuse to pay, we must tell 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 MOM you to that'+}te matter'has been settled between us when it finally is. N we don't follow these rules, we can't collect the first 550 ai the questioned amount, even if your bill was correct a special Ruk For Cree tt Card Purchases M you have a problem with the quality of goods or services that you purchased with a credit card, and youaried in good faith to correct the problemwiththe merchant, you may have the right not to pay the remaining amount due on the' goods or services. There are two limitatioru on this right (a) you muss have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and lb) the purchase pries must have been more than 550. These l'msltit tft do not apply (f we oVm a operate the merchant, ar if we mailed you the advertisement Tor the goods or services. DISCOVFRO CARP CASSBACK $ONU!SO TERMS AND .CONDMON5 The Cashback Bonus' Terns and Conditions consatute a separate and independent agreement fmm-the Cardmembw Agreement and apply to Accounts that participate in the Lasbback Borws program. However, these Terns and Conditions are subject to the Arbitration of Disputes section of the CardmemberAgreamerrt. whichis incorporgted-harem. 1. The Cashback Bonus award is an amount denominated in dollars and cents whlch may be tamed by Cardmembers by using their Distovera card for qualified puraltases. A Cashback Bonus award is not earned for Prohibited Transactions (as defined in the Cardmember Agreement) cash advances or balance transfers. 2. Eashback, Bonus payments ate cakutated based on purdrases made during an annual period corresponding to tfre ca=mber's anniversary year. The first anniversary year begins on the date the Lard is issued and ends on the last day of the twelfth monthly bitting peAcid which follows. Each -ts- successive anniversary year is the approximate one-year period comprised of the next twelve monthly billing periods. 3. ?xcepi as otherwise noted below, the Cashback Bonus award is calculated by multiplying each purchase by the applicable percentage rate: • :s% (Dcs), H the purchase is pan of the slrst 51,DOn in purchases during the anniversary year, .50% (.0050}, n the purcnasa is parr of the second 51,DDD in purchases during the anniversary year, • .75% (.007S), H the purchase Is part of the third S1,000 in purchases during the anniversary year, • 1.)% (.01), H the purchase is part of the purchases in excess of 53,DDO during the annlvemary•year. Beginning OA May 1, 20D0, the applicable percentage rate for all ,purchases made at warehouse dubs during the anniversary year will be a fixed rate of.25% (.13025). However, these ware- house dub purchases will continue to be included in the total amount of purchases made during the anniversary year and used to determine the applicable percentage rate listed above for other purchases. Please call 1-800-347-71156 or visit our Web site at Discovercard.com for a )ist of warehouse clubs. The total of these calculations for each anniversary year is the earned amount of the Cashbadk Bonus award, w)tidrt will be paid as described below provided the conditions contained in paragraph 4 below are met. The calculation begins again with the be inning of each anniversary year. The Cardmembers rnonthgy billing sltement will show the earned amour of the Cashback Bonus award and total purchases through the date of the ratement for the current anniversary year. Prior to actual payment the purchases on which a Cashback Bonus award Is calculated maybe audited for compliance with these terms. 4. The Cashhack Bonus award vests and is paid shortly after each ann)venaryyearto 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 vied your Account for any Prohibited Transactions within the past year. If an Account is closed for arty reason prior to the anniversary date, any Cashbeck Bonus award earned by the Cardmember since the last anniversary date will be forfeited. Cardmerrtbers who are delinquent at the time of the payment may, at the option of Discover Card, have their Cashback Bonus award applied as a credit to their Account. 5. The exact method of payment of a Cashback Bonus award may change from year to year, but the Cardmember aril have the opportunity to receive a Cashbar:k Bonus award Ina ash equivalent (i.e., check or credit to the Cardme:mbers Account). As pact of the payment method, the Cardmeinber may have the opportunity to make a choice as to the manner in which the fashback Bonus award is paid. The failure to make such a choice on a timely basis may result in the exercise of default payment options. It is the C:ardmembers respon- sibikto notify Discover Cord -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 to 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 irom the old Account will. be transferred to the new Account 7, Discover card reserves the right to make other adjustment to Cashbadc Bonus amounts earned based on Account activity (e,g., a credit to an Account in connecdon with a prior plrrdrase will result In a redurlion ai the Cashbadc .Eons award). & Three terms and conditiom are subject to change without notice. Changes may he made during a. Cardmember's anniversary year, and may include but are not limited to, modifying the level of purchases required to quality for the various tiers, establishing a maximum amount of Cashback Bonus award Cardmembers may receive, changing the type of transactions that constrrrne a purchase, changing the amount of Cashback Bonus award tarried on certain types of purchases, imposing additional teWirdWA or terminating the program. DESCRiPT10N OF COVEP.A'GE SCHEDULED AM TRAVEL ACCMWT INSURANCE. Discover' Classic Cardtnembers are provided with up to 5750,000 Scheduled Air.7ravei Accidenty protection. Whenever you use your Discover Classic Card fthe'credtt.card') to charge your entire Common Carrier Fare Ticket on any Commercial Alrtraft operated by a Scheduled Air Carrier under a license far the u3nsponation cf-passengers for hire therein called Scheduled Air Carrier), you autamatimlly receive this valuable coverage at no additional cost. Tne benefits of the Policy providing your • coverage are governed primarily by the law of a state other than Florida. .Coverage is undetv,irrmen by %at(ona( union Fire Insuratim company of Pittsburgh, PA (the 'Insurance Cnmpany'), with offices in New York, NY Certain limitations and exclusions apply. PLAN FEATURES Sarin Amount 5150,DW family Aggregate Principal 5um j ACCIDENTAL DRAM SENEFK insurance coverage will be agvaltn-the benisfilamountforaccidents loss ofi'rfe.TheIds must atom within one year of the accident that caused the Injury. Family Aggregate Principal Sum means the total amount of insurance )n iorce on.She CATtimember, his or her sporae ant} their dependent children for any one accident If rme than one insured Person em as the resuh of the injuries receWd in any one accident, the Family Aggregate Principal Sum will be pro-rated and paid in accordance with the claim _ 1B_ payment and beneficiary provisions of the Policy. Once the Family Aggregate Principal Sum is paid for any one Insured Person in a Family mat occurs as the result of any one accident rmiurther benefit are payable for further deaths in that Family due to injuries received in the same accident "injury" mean,, bodily injury. (a) which is sustained as a din ecc result of an unintended, unanticipated accident that L external to the body and that occurs while the injured parson's coverage under this Policy is In iome, and (b) which dlrectiy (mdependern of sicknim disease, mernai infirmity, bodily infirmity or any other causal causes a covered toss. DISAPPEARANCE BENETITS. We will presume you suffered loss of Iffe due to an accident if, you are riding in a Scheduled Air Carrier that is involved in a covered accident and as a result of the acridem, the Scheduled Air Carrier is wracked, sinks, or disappear"- and your body is not found within one (1) year of the accidesst. The total of all benefits payable for you, your spouse and your dependent childran from, the same accident will not axceed the 5]S0;O0 Family Aggregate Prnndpal Sum. ELIGIBIU[Y. This automatic insurance is provided to etigtbie holders of the credit card whose names appear on the credit card, their spouses and their unmarried dependent children under age 19 fage 23 if attending school on a tu)i-time basis and fully dependent on you for support)_ However, the age limit does not.appiy to a child who is incapable of seff- susraining employment by reason of mental or physical incapacity. EFFECTIVE DABS. Your insurance under this plan is efFective on the later of: 1) July 1, 2001; or 2) the date you become an eligible person.-Your tnsurance under this plan will cease on the earlier of. 1) the date the insurance coverage is terminated or 2) on the dM you cease to be an eligible holder of the credit card. THE BENEFICIARY. Unless you designate otherwise with a benefdary designatian form, your death benefit vAlf be paid, in equal shares, to the firs surviving class afthcse that follow (1) your spouse; (2) your children; (3) your parents; or (4) your brothers and sisters. if no class has a survivor, the beneficiary is your estate. You may change your beneficiary by writing to the Insurance Company at Acdderd & H alth Division, 500 West Madison Street, Suite 2250, Chicago, IL SM61. CWM PROCEDURE. dairn'fatrns MY - be Dbtatned tlrrpugh the insurance Company, Claims for benefits must be filed with the insurance Company within 90 days or as soon as reasonably possible after the lass occurs. PLAN OF INSURANCE COVERAGE. You, as a Cardmember, and your spouse and children will be covered against injuries that result. in an acddertsal dEath while a passenger (not an operator, pilot; or Grew member) In or on, including getting in or out of, or on or off of, any Scheduled Air Carrier if the Common Carrier Fare Ticket for the-flight was charged to your tsedit card. _ tg_ Companion tickets issued ftsr free with the -purcha3e o! a fuli- tare common carrier ticket and used by a spouse or dependent child will be considered as fully charged to the credit card, If the corresponding full Common Canier WE Ticko is-charged to the credit card. Coverage is effective when you board the Scheduled Air Carrier, provided the lull Common Carrier Fare Ticket is purthmij, or the travel Teservatson is made foT the companion tickets, prior to boarding such Scheduled Air Larrier. Coverage ends when you alight from the -Scheduled Air Carrier. EXCLUSIONS. Benefits are not payable If the loss.is caused by or resuhs; from; 1) selfti+rfiined injury or sufdde; 2) sickness, disease. or memtal incapacity or bodily infirmity whether directly or indirectly, 3) infecdons of any kind regardless of how contracted, except bacterial infections-that are directly caused by botulism, ptomaine poisoning or an accidental cut or wound independent and in.-the absence of any underlying sickness; disease 'or condition including but not limited to dabetes; 4) committing or attempting to rxsmmh a felony; or s) wan or act oY war, dedared or undeclared. LimiT cons. Seneffts will only be Payable under one Card- member accourrt, the credit card under which the Common Carrier Fare Tickets were fully charged. lieneirss are not payable- for -10M due to injury svstained whik on a trip fDr V"6 the titkets were WrihiM6 vvydr a frtwmt flyer uoucirec Complete provisias perwining to this plan of insurance are Contained in Policy (79029072 issugd by.National Union Fire Insurance Company of .Pittsburgh,. PA vvhh offices In New York, NY. The prem+um for this insurance is paid by Discover Financial 5er kes,.lnc, out-of income derived tram its-aedtt cardoperatioriL Please read this Description of Coverage. Keep It in a sale place with your other insurance document. -This Descfigdon of Coverage (Form -dumber 53O3ii5DOQ is not a contract of insurance but Is simply an informative statement to each eligible Individual of the principal, provisions Df the insurance while in effect tf a conflict exists between a statement ire this •Desaiption tsf Coverage and any provisions In the Policy, the Policy wiA govern. claims administered by: A&H Claims Department, P.O. Box t>7D1, Wilmington, DE 19850.5701, (BOIL 551-DU4. EXHIBIT B FIRST SELECT CORPORATION ACCOUNT AGREEMENT Your DISCOVER account has been trand'emed to First Select Co porstim. Your DISCOVER account was closed at the time of this transfer and will therefore continue to be closed This Account Agreement contains the terms that govern your First Select account (the "Accout'7. In this Agreement "you" and "Your' mean each person who is liable for payment on the Account "We-our" and'` ui mean First Select Corporation or its assignees. Becausoyour 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 act on the instructions of any joins. accoum holder. PaymertslFinance 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: The daily periodic rate we apply is your Account Annual Percentage Rate divided by 365. The Annual Percentage Rate will be calculated as disclosed in your most recent DISCOVER account term (the "Original Terms'. Ifyour Original Tams provided for different Anouat Percentage Rate to be applied to differed components of your outstanding balance, we will apply the lowest such Annual Percentage Rote on your entire outstanding balance We may accept late or partial payments, or payments marked"paid in full" or marked with other restrictions, without lasing our right to collect all amounts owing under this Agreement You may ask First Select Corporation to pay yaw Account by debiting your checking or savings account You may reveke your authorization by writing to First' Select Customer Service. Fees: We will charge your Account a fee for each billing cycle within which your Accent is delinquent (late charge). The amount of the late charge will be as disclosed in your Original Turns or the mndmann late charge permitted by the law of your state of residence, whichever is lower, We will chargeyour Account a fee for each reburied payment check (returned check charge). The amount of the retuned check charge will be w disclosed in you Original Terms, or the maximum returned check charge permitted by the law or yea state of residence, whichever is lower. To the extort provided in your Original Temps andto the extent permitted by applicable law, in addition toy our 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 attomey's fees and court costs. If your `Original Tams provided for an award of attorney's foes and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in arty lawsuit arising out of this Agreement Nun-Waiver or Certain Rights: We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or arty other provision later. Applicable Law, Severabitlty, Assignment: No matter whereyou live, this Agreement and your Account we governed by federal law and by the law of the state designated as the applicable law in your Original terms. Ifyour Original Terns did not contain an applicable law provision, tnei this Agreement and your Account are governed by federal law and the lawofyo r state of residence. This Agreement. is afinal expression of the agreemerdbetween you and us and may not 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 tie 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 that you receive notice of such and event to protect the, purchaser or the assignee, we may giveyou such notice by filing a financing statement with the state's Secretary of State. Customer Service: For general questions regarding your First Select account, please call our toll-free service number, 1-888-924-2000. 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 your fail to fulfill tine toms of your credit obligation, a negative credit repot reflecting on your credit record maybe submitted to a credit reporting agency. In order to dispute any information we are reputing aboutyour Account, you must write to us at the following address: First Select Corporation, P.O. Box 9104; Pleasanton, California 94566. Shading Information: We may share irdomotion with our affiliates, including without limitation. Providian National Bank and Providian Bank However, you may write to us at arw time instructim us not to share credit information with our affiliates. YOUR BILLING RIGHTS-KEEP THIS NOTICE FOR FUTURE USE This notice contains important infmnation about your rights and our responsibilities under the Fair Credit Billing Act Notify Us In Case of Errors or Questions about Your Bill If you think your bill is wrong or if you need more information about an entry on your bill write' us, on a separate sheet, at the following address: First Select Corporation P.O. Box 9104, Pleasanton, California 94566. Write us as soon as possible We must hear fromyou no later than 60 days utter we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In the letter, giveus the following: -Your name and Account number. -The dollar amount of the suspected error. -A description of the error and an explanation, if possible, of why you believe there is and error. If you need more information, describe the item you are not sure about Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter withe 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct After we receive your letter, we cannot try to collector repot 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 amend while we are investigating, but you are still obligated to pay the parts of the bill that are not in question If we find that we have made a mistake on your bill, you will not have to pay anyfinancecharge related to any questioned amount If we did not intake a mistake, you may have to pay finance charges, and you will have to intake up the missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amend we think you owe, we 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 anyone we report you. to that you question your bill. And we mist tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow time rules, we cannot collect the fast S50 of the questioned amount even dyer bill was correct Special Rule for Credit Card Purchases Ifyou have a problem with th e quality of goods and services that y on purchas ed with your DISCOVER credit card and you have tried in good faith to coirrextthe problem with the merchant, you may not have to pay the remaining amount due on the goods or services. There are two limitations to this nigh: (a) you must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address: and (b) the purchase price must have been more than S50. These limitations do not apply if either we or DISCOVER own or operate the merchant, or we or DISCOVER mailed you the advertisement for the properly or services EXHIBIT C ACCOUNT STATEMENT FOR REBECCA P ASH ACCOUNT MONTHLY BALANCE STATEMENT SUMMARY AccountID 10206212 Charge off Balance 8,157.79 Account Provider First Select, Inc. Current Balance 19,523.56 Product Discover Card Open Date 07/30/1992 Product Type Credit Card Charge Off Date 08/31/2001 Account Number# 4168-1000-1943-7134 Last Payment Date 03/15/2006 Account Original ID# 6011-0025-3011-7282 Customer Name REBECCA PASH APR 18.000% Report Date 12/19/2006 STATEMENT PERIOD: 08/31/2001 To 08/3112001 Total Principal Interest Expenses BEGINNING BALANCE 18,157,79 18,157.79 10.00 10.00 I Total Principal Interest Expenses ENDING BALANCE 18,157.79 18,157.79 10.00 10.00 PERIOD: 09/01/2 001 To 09/30/2001 1 Total I Principal Interest Expenses BEGINNING BALANCE 18,157.79 18,157.79 10.00 10.00 (Total (Principal (Interest (Expenses ENDING BALANCE 18,278.48 18,157.79 1120.69 10.00 PERIOD: 10/01/2 001 To 10/31/2001 Total Principal Interest Expenses BEGINNING BALANCE 18,278.48 18,157.79 1120.69 10.00 ENDING BALANCE BEGINNING BALANCE Total Principal Interest 18,405.04 8,157.79 247.25 PERIOD: 11/01/2001 To 11/30/2001 ITotal I Principal Interest 18,405.04 8,157.79 1247.25 ITotal (Principal ENDING BALANCE 18,529.39 18,157.79 PERIOD: 12/01/2001 To 12/31/2001 ITotal Principal BEGINNING BALANCE 18,529.39 1 8,157.79 Interest 371.60 'Interest 1 371.60 Expenses 0.00 Expenses 0.00 Expenses 1 0.00 Expenses 0.00 [Total Principal Interest [Expenses l ENDING BALANCE BEGINNING BALANCE 8,659.78 1 8,157.79 PERIOD: 01/01/2002 To 01/31/2002 Total`Principal 8,659.78 8,157.79 501.99 1 0.00 `Interest Expenses 1501.99 1 0.00 Total' Principal Interest Expenses ENDING BALANCE 18,792.17 18,157.79 1634.38 10.00 PERIOD: 02 101/2002 To .0212.8,/2002 1 Total Principal Interest Expenses BEGINNING BALANCE 18,792.17 18,157.79 634.38 10.00 ITotal Principal Interest Expenses ENDING BALANCE 18,913.57 18,157.79 1755.78 10.00 PERIOD: 03 /01/2002 To 03/31/2002 1 Total Principal Interest lExpenses BEGINNING BALANCE 18,913.57 18,157.79 755.78 10.00 ITotal Principal Interest lExpenses ENDING BALANCE 19,049.84 8,157.79 892.05 0.00 PERIOD: 04 /01/2002 To 04/3012002 Total Principal Interest Expenses BEGINNING BALANCE 19,049.84 18,157.79 1892.05 10.00 I Total Principal Interest' lExpenses 1 ENDING BALANCE 19,183.73 18,157.79 1,025.94 10.00 PERIOD: 05 /01/2002 To 05/31/2002 jTotal Principal IInterest lExpenses BEGINNING BALANCE 19,183.73 8,157.79 11,025.94 10.00 Total Principal Interest Expenses ENDING BALANCE 19,324.13 18,157.79 11,166.34 0.00 PERIOD: 06 /01/2002 To 06/30/2002 1 ITotal Principal ,Interest Expenses BEGINNING BALANCE 19,324.13 18,157.79 1,166.34 0.00 I Total Principal Interest Expenses 1 ENDING BALANCE 9,462.07 18,157.79 PERIOD: 07101/2002 To 07/31/2002 Total Principal BEGINNING BALANCE 9,462.07 ? 8,157.79 Total Principal ENDING BALANCE 19,606.73 18,157.79 PERIOD: 08/01/2002 To 08/31/2002 ,,Total Principal' BEGINNING BALANCE 19,606.73 18,157.79 1 Expenses 1 0.00 Total Principal Interest ENDING BALANCE 19,753.59 18,157.79 11,595.80 PERIOD: 09/01/2002 To 09/30/2002 w. Total Principal Interest BEGINNING BALANCE 19,753.59 18,157.79 11,595.80 ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE Expenses 10.00 Expenses 10.00 ITotal Principal _ Interest lExpenses 19,897.89 18,157.79 11,740.10 10.00 PERIOD: 10/01/2002 To 10/31/2002 Total Principal Interest Expenses 19,897.89 1 8,157.79 11, 740.10 10,00 Total Principal 110,049.21 1 8,157.79 PERIOD: 11/01/2002 To 11/30/2002 [Total Principal 110,049.21 18,157.79 Interest Expenses 11,891.42 10.00 Interest Expenses 1,891.42 10.00 ITotal Principal 1 10,197.88 8,157.79 PERIOD: 12/01/2002 To 12/31/2002 Total Principal 110,197.88 8,157.79 1,304.28 ( 0.00 Interest Expenses 1,304.28 0.00 Interest 1 1,448.94 Expenses 10.00 Interest 1 1,448.94 lInterest- lExpenses 1 2,040.09 10.00 Interest Expenses 1 2,040.09 10.00 (Total (Principal (Interest (Expenses 1 ENDING BALANCE 110,353.78 18,157.79 12,195.99 10.00 PERIOD: 01101/2003 To 01/31/2003 1 'Total Principal II Interest Expenses BEGINNING BALANCE 110,353.78 8,157.79 2,195.99 10.00 Total Principal Interest Expenses 1 ENDING BALANCE 110,512:07 18,157.79 12,354.28 10.00 PERIOD: 02/0112003 To 02/28/2003 1 Total Principal Interest Expenses BEGINNING BALANCE 110,512A7 18,157,79 12,354.28 10.00 Total (Principal Interest Expenses 1 ENDING BALANCE 110,657.22 18,157,79 12,499.43 10.00 L PERIOD: 03/01/2003 To 03/3112003 Total (Principal Interest Expenses BEGINNING BALANCE 110,657.22 18,157.79 12,499.43 10.00 Total - Principal Interest Expenses ENDING BALANCE 110,820.14 8,157.79 1'2,662.35 10.00 PERIOD: 04/01/2003 To 04/30/2003 1 Total (Principal Interest Expenses BEGINNING BALANCE l10,820.14 1$,157.79 12,662.35 10.00` Total Principal Interest (Expenses ENDING BALANCE 110,980.22 18,157.79 12,822.43 10,00 PERIOD: 05 /01/2003 To 05/31/2003 Total (Principal Interest Expenses BEGINNING BALANCE 110,980.22 18,157.79 12,822.43 10.00 Total Principal Interest Expenses ENDING BALANCE 111,148.08 18,157.79 12,990.29 0.00 PERIOD: 06 /01/2003 To 06/30/2003 1 Total Principal Interest !Expenses 1 BEGINNING BALANCE 111,148.08 8,157.79 12,990.29 0.00 Total Principal - Interest Expenses 1 ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE 1 11,313.01 1 8,157.79 ( 3,155.22 0.00 PERIOD: 07/01/2003 To 07/31/2003 Total (Principal Interest Expenses 11,313.01 18,157.79 13,155.22 1 0.00 Total Principal Interest Expenses 1 11,485.96 18,157.79 3,328.17 1 0.00 PERIOD: 08/01/2003 To 08/31/2003 Total Principal Interest Expenses 1 11,485.96 18,157.79 1 3,328.17 10.00 Total Principal ENDING BALANCE 111,661.56 18,157.79 PERIOD: 09/01/2003 To 09/30/2003 (Total Principal BEGINNING BALANCE 111,661.56 18,157.79 Interest Expenses 13,503.77 10.00 Interest [Expenses 1 3,503.77 10.00 (Total Principal Interest Expenses ENDING BALANCE 111,834.08 8,157.79 3,676.29 10.00u PERIOD: 10/01/2003 To 10/31/2003 1 Total Principal Interest Expenses BEGINNING BALANCE 111,834.08 18,157.79 13,676.29 10.00 'Total Principal (Interest Expenses ENDING BALANCE 112,015.00 18,157.79 13,857.21 10.00 PERIOD: 11/01/2003 To 11/30/2003 Total Principal ,Interest Expenses BEGINNING BALANCE 112,015.00 18,157.79 13,857.21 10.00 Total [Principal (Interest Expenses ENDING BALANCE 112,192.76 8,157.79 14,034.97 0.00 PERIOD: 12/01/2003 To 12/31/2003 1 Total Principal Interest `Expenses BEGINNING BALANCE 1-12,192.76 18,157.79 14,034.97 10.00 (Total Principal lInterest Expenses ENDING BALANCE 12,379.16 18,157.79 14,221.37 10.00 PERIOD: 01/01/2004 To 01/31/2004 1 Total Principal Interest Expenses BEGINNING BALANCE 112,379.16 18,157.79 14,221.37 10.00 Total Principal Interest Expenses ENDING BALANCE 1"12,568.40 18,157.79 14,410;61 10.00 PERIOD: 02/01/2004 To 0,2/29/2004 Votal Principal Interest Expenses BEGINNING BALANCE 112,568.40 18,157.79 14,410.61 10.00 I Total (Principal Interest Expenses ENDING BALANCE 112,748.15 _ 18,157.79 14,590.36 10.00 PERIOD: 03/01/2004 To 03/3112004 1 Total Principal Interest Expenses 1 BEGINNING BALANCE 1„12,748.15 18,157.79 4,590.36 10.00 Total Principal Interest ' Expenses ENDING BALANCE 112,943.04 18,157.79 14,785.25 10.00 PERIOD: 04/01/2004 To 04/30/2004 Total Principal Interest Expenses BEGINNING BALANCE (12,943.04 18,157.79 14,785.25 10.00: Total Principal Interest Expenses ENDING BALANCE 13,134.52 18,157.79 4,976.73 0.00 PERIOD: 05/01/2004 To 05/31/2004 Total (Principal (Interest Expenses BEGINNING BALANCE 1 13,134.52 18,157.79 14,976.73 10.00 (Total Principal IInterest lExpenses ENDING BALANCE 113,335.32 18,157.79 15,177.53 10.00 PERIOD: 06/01/2004 To 06/30/2004 Total Principal Interest Expenses BEGINNING BALANCE 113,335.32 18,157.79 5,177.53 10.00 I Total Principal Interest Expenses ENDING BALANCE 113,532.61 18,157.79 PERIOD: 07/01/2004 To 07/31/2004 Total Principal BEGINNING BALANCE 113,532.61 18,157.79 ENDING BALANCE a BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE F1 BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE 15,374.82 X10.00 Interest Expenses 5,374.82 0.00 Total Principal Interest (Expenses 13,739.49 18,157.79 15,581.70 0.00 PERIOD: 08/01/2004-To_ 08131/2004 ITotalPrincipal Interest, Expenses 1 13,739.49 1 8,157.79 15,581.70 1 0.00 ITotal Principal Interest Expenses 1 13,949.54 18,157.79 1 5,791.75 1 0.00= PERIOD: 09/01/2004 To 09/30/2004 Total Principal Interest Expenses 113,949.54 18,157.79 5,791.75 10.00 ITotal Principal 114,155.91 18,157.79 PERIOD: 10/01/2004 To 10/31/2004 ITotal e Principal 114,155.91 18,157.79 ,Interest l Expenses 1 5,998.12 10.00 lInterest lExpenses 15,998-12 10.00 Total Principal 114,372.33 18,157.79 PERIOD- 11/01/2004 To 11/30/2004 ITotal [Principal 114,372.33 18,157.79 lInterest` IExpenses 16,214.54 10.00 `Interest Expenses 6,214.54 0.00 ITotal (Principal, lInterest Expenses 1 114,584.96 18,157.79 6,427.17 0.00 PERIOD: 12/01/2004 To 12/31/2004 Total Principal Interest Expenses 1.;14,584.96 1 8,157.79 6,427.17 0.00 (TotalPrincipal Interest lExpenses ENDING BALANCE 114,807.93 18,157.79 PERIOD: 01/01/2005 To 01/31/2005 Total l Principal BEGINNING BALANCE 114,807.93 18,157.79 .Total Principal ENDING BALANCE ( 15,034.31 8,157.79 PERIOD: 02/01/2005 To 02/28/2005 Total Principal BEGINNING BALANCE 115,034.31 18,157.79 ENDING BALANCE T, BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE 6,650.14 1 0.00 (,Interest ''Expenses 16,650.14 0.00 Interest Expenses 1 6,876.52 1 0.00 I Interest Expenses 1 6,876.52 1 0.00 ITotal Principal Interest Expenses 115,241.90 18,157.79 17,084.11 1 0.00 PERIOD: 03/01/2005 To 03/31/2005 ITotal Principal lInterest Expenses 1 15,241.90 1 8,157.79 7,084.11 1 0.00 ITotal Principal 1 15,474.92 18,157.79 PERIOD: 04/01/2005 To 04/30/2005 Total Principal 115,474.92 1 8,157.79 Interest Expenses 7,317.13 10.00 lInterest lExpenses 7,317.13 1 0,00 Transactions lA'mount Transaction Date Type, 100.00 04/15/2005 Payment Without Plan Total (Principal interest ENDING BALANCE 115,603.07 18,157.79 17,445.28 PERIOD: 05/01/2005 To 05131/2005 (Total Principal Interest BEGINNING BALANCE ( 15,503.07 1 8,157.79 17,445.28 lExpenses 10.00 Expenses 0.00 Transactions Amount Transaction Date Type 100.00 05/1512005 Payment Without Plan ENDING BALANCE BEGINNING BALANCE ITotal Principal 115,740,77 18,157.79 PERIOD-06/01/2005 To 06/30/2005 ITotal Principal 1 15,740.77 18,157.79 Transactions Amount Transaction Date ITYpe 100.00 06/15/2005 Payment Without Plan (Total (Principal ENDING BALANCE 115,872.86 18,157.79 r PERIOD: 07/01/2005 To 07/31/2005 (Total Principal BEGINNING BALANCE 115,872.86 18,157.79 Transactions Amount Transaction Date Type 100.00 07/15/2005 Payment Without Plan Total' (Principal ENDING BALANCE 116,014.68 18,157.79 PERIOD: 08/01/2005 To 08/31/2005 Total Principal BEGINNING BALANCE 116,014.68 18,157.79 f? Transactions Amount Transaction Date Type 100.00 08/15/2005 l Payment Without Pian Total I Principal ENDING BALANCE 116,158.67 18,157.79 PERIOD: 09/01/2005 To 09/30/2005 Total Principal BEGINNING BALANCE 116,158.67 18,157.79 interest Expenses' 17,582.98 0.00 I Interest Expenses 7,582.98 10.00 `interest Expenses 1 7,715.07 10.00 Interest Expenses 7,715.07 0.00 Interest Expenses 7,856.89 10.00 Interest Expenses 1 7,856.89 10.00 (Interest Expenses 8,000.88 10.00 Interest Expenses 18,000.88 0.00 Transactions `.Amount 100.00 ITransaction Date Type 109/15/2005 I Payment Without Pian ITotal Principal 1 16,296.94 18,157.79 PERIOD: 10/01/2005 To 10/31/2005 Total I Principal ENDING BALANCE BEGINNING BALANCE Transactions Amount 100.00 ENDING BALANCE BEGINNING BALANCE 1 16,296.94 18,157.79 Transaction Date Type 10/15/2005 I Payment Without Plan ITotal Principal 16,445.24 8,157.79 PERIOD: 11/01/2005 To 11/30/2005 ITotal Principal 116,445.24 8,157.79 !Interest Expenses 18,139.15 10.00 (Interest !Expenses 1 8,139.15 10.00 Interest !Expenses 8,287.45 10.00 Interest iExpenses ? 8,287.45 1 0.00 Transactions (Amount (Transaction Date (Type( 1 100.00 111/15/2005 1 Payment Without Pian ENDING BALANCE BEGINNING BALANCE Transactions Amount 100.00 ITotal Principal 1 16,587.75 1 8,157.79 PERIOD: 12/01/2005 To 12/31/2005 Natal (Principal 116,587.75 8,157.79 Transaction Date 112/15/2005 (Type I Payment Without Pian Total Principal ENDING BALANCE 116,740.50 18,1_57.79 Unter'est !Expenses 8,429.96 0.00 Unterest 8,429.96 Expenses 0.00 Interest !Expenses 8,58171 10.00 PERIOD,: 01/01/2006 To 01/31/2006 Total Principal BEGINNING BALANCE 116,740.50 18,157.79 Transactions Amount 100.00 (Transaction Date Type 101/15/2006 Payment Without Plan ENDING BALANCE BEGINNING BALANCE Transactions Amount 100.00 ENDING BALANCE BEGINNING BALANCE Total Principal 16,895.59 18,157.79 PERIOD: 02/01/2006 To 02/28/2006 Total (Principal 116,895.59 18,157.79 (Transaction Date 102/15/2006 Interest Expenses 8,582.71 1 0.00 Interest !Expenses 18,737.80 10.00 Interest Expenses 18,737.80 10.00 (Type Payment Without Ran ITotal Principal 117,028.19 18,157.79 PERIOD: 03/01/2006 To 03/31/2006 Total (Principal 117,028.19 18,157.79 Interest (Expenses 8,870.40 0.00 Interest 'Expenses 18,870.40 0.00 Transactions jj Amount Transaction 'Date ,Type l100.00 03/15/2006 Payment Without Plan ENDING BALANCE is BEGINNING BALANCE ENDING BALANCE Votal Principal 117,187.68 8,157.79 PERIOD: 04/01/2006 To 04/30/2006 Total !Principal 117,187.68 8,157.79 ITotal Principal 117,441.96 8,157.79 Interest !Expenses 1 9,029.89 1 0.00 'Interest Expenses 9,029.89 10.00 !Interest Expenses 19,284.17 10.00 PERIOD: 05/01/2006 To 05131/2006 Potal Principal BEGINNING BALANCE 117,441.96 8,157.79 'Interest 1 9,284.17 ITotal Principal 1lInterest ENDING BALANCE 117,708.61 18,157.79 19,550.82 PERIOD: 06/01/2006 To 06/30/2006 Total Principal Interest BEGINNING BALANCE 117,708.61; 18,157.79 19,550.82 ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE ^a BEGINNING BALANCE ENDING BALANCE r BEGINNING BALANCE ENDING BALANCE [r Expenses 0.00 Expenses 0.00 Expenses 1 0,00 ITotal Principal Interest [Expenses 1 17,970.60 18,157.79 19,812.81 10.00 PERIOD: 07/01/2006 To 07/31/2006 Total Principal Interest Expenses 1 17,970.60 - 18,157.79 19,812.81 10.00 ITotal Principal 118,245.33 ? 8,157.79 PERIOD: 08/01/2006 To 08/31/200E ITotal Principal Interest lExpenses 1 10,087.54 10.00 118,245.33 18,157.79 I Total R Principal 118,524.26 8,157.79 PERIOD: 09/01/2006'To 09/3012006 Total (Principal 1 18,524.26 18,157.79 (Total ' Principal 118,798.31 8,157.79 PERIOD: 10/01/2006 To 10/31/2006 Total (Principal 118,798.31 18,157.79 Total Principal 1 19,085.70 8,157.79 Interest lExpen'ses 110,087.54 10.00 Interest lExpenses 10,366.47 0.00 Interest IExpenses 10,366.47 -, 1 0.00 1Interest Expenses 10,640.52 10.00 'Interest Expenses 10,640.52 10.00 IInterest lExpenses 10,927.91 1 0.00 PERIOD: 11/01/2006 To 11/30/2006 (Total Principal (,!Interest Expenses BEGINNING BALANCE119,085.70 18,157.79 10,927.91 10.00 ITotal Principal [Interest Expenses s> ENDING BALANCE 119,368.06 18,157.79 111,210.27 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., ) Plaintiff, ) VS. ) REBECCA P ASH, ) Defendant. ) CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DIVISION Civil Action No.: 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: 746 ERFORD RD, CAMP HILL, PA 17011-1125 This the 2 8?6 day of ?)P t _ , 200(- Respectfully Submitted, /" '^ / _ ,/j -- 4A 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 1 ? ^n o -J t 4 N C.. W C?J W ?t 0?3 SHERIFF'S RETURN - REGULAR CASE NO: 2007-00049 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CREDIGY RECEIVABLES INC VS ASH REBECCA P KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ASH REBECCA P the DEFENDANT , at 1250:00 HOURS, on the 5th day of January-, 2007 at 746 ERFORD ROAD CAMP HILL, PA 17011-1125 REBECCA ASH by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 13.20 .00 10.00 R. Thomas Kline .00 41.20,/ 01/08/2007 STEWART & ASSOCIATES Y: ,e? day De ty eri A.D. IN THE COMMON PLEAS COURT IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA CREDIGY RECEIVABLES INC., CASE NO. 2007-00049 COURT TERM: 2007-01 Plaintiff, vs. REBECCA P ASH, Defendant. PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE COMES NOW Plaintiff, CREDIGY RECEIVABLES INC., and herewith discontinues the above styled action against Defendant, REBECCA P ASH, without prejudice and herein requests the Prothonotary to mark said case as discontinued upon the record. On this 7 4 day of - , 2007 4?W;e 444Z Helene B. Raush, Esquire PA Bar No: 60140 Attorney for Plaintiff Helene B. Raush, Esquire Attorney for Plaintiff STEWART & AssoCI m, P.C. P.O. Box 2629 Suwanee, GA 30024 866) 990-9968 678) 684-4975 (fax) 1, IN THE COMMON PLEAS COURT IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA CREDIGY RECEIVABLES INC., CASE NO. 2007-00049 COURT TERM: 2007-01 Plaintiff, VS. REBECCA P ASH, Defendant. CERTIFICATE OF NON-SERVICE I certify that service of the Praecipe to Discontinue Without Prejudice upon the defendant was not possible. Service of process was not perfected upon this defendant and his/her location is unknown at this time. On this t?b day of 20Z? Helene B. Raush, Esq. PA Bar No: 60140 Attorney for Plaintiff Helene B. Raush, Esquire ff Attorney for Plainti STEWART & ASSOCIATES, P.C. P.O. Box 2629 Suwanee, GA 30024 (866) 990-9968 (678) 684-4975 (fax) e .^tf ... '? c7 ? ?? ? C t'