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HomeMy WebLinkAbout09-6641IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: OR -61041 a-, vi? TeI, VS. COMPLAINT IN CIVIL ACTION MICHAEL J SWEENEY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07648779 C A Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No MICHAEL J SWEENEY Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, DISCOVER BANK is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY , OH 43054 . 2. Defendant is adult individual(s) residing at the address listed below: MICHAEL J SWEENEY 145 MILKY WAY SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8484 . 4. Defendant made use of said credit card and has a current balance due of $5816.79 , as of July 09, 2009 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 25.24001 per annum on the unpaid balance from July 09, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 11111 and made a part hereof. 7. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 8. Plaintiff avers that such attorneys' fees will amount to $125.00 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant , MICHAEL J SWEENEY individually , in the amount of $5816.79 with interest at the rate of 25.240% per annum from July 09, 2009 plus attorneys' fees of $125.00 , and costs. WELTEINBERG & REIS CO., L.P.A. Jame17)C armbrodt,42524 436 h Avenue, Suite 1400 Pitt, PA 15219 (4127955 FAX: 38-7130 0764 A Pit SJS This law firm is a debt collector attem4 ng to collect this debt for our client and any information obtained ill be used for that purpose. `• ° 1- 7 43,510./Y Enter Amoun' Enclosed Below CARD Payment Due Date ?. ' , July 21, 2009 ? ^' ? ? ? ` Please make check payable to Discover Card. Minimum Payment due includes a past due amount oF$1,069.00. 22 SDSN6A010004522 MICHAEL SWEENEY Will your payment get to us on time? Pay 145 MILKY WAY your bill online and your payment can be SHIPPENSBURG PA 17257-8241 made to your account on the same day. Visit Discover.com/payments today. Address, e-mail or telephone changer' Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. PO BOX 6103 111111 1111111 it 11111 1 111111 CAROL STREAM IL 60197-6103 if 1111 111111111111111 11,11111,11n11111,11J1111111n111,1 ,111 000001986458525324337058167900000000581679 Discover More Card Account Summary Closing Date: !Account number ending in 8484 Payment Due Date July 21, 2009 Minimum Payment Due $5,816.79 Credit Limit $6,000.00 Credit Available $0.00 Cash Credit Limit $0,00 Cash Credit Available $0.00 June 22, 2009 page 1 of 1 Previous Balance $5 816 79 Payments And Credits , . Purchases 0.00 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 0.00 New balance + 0.00 $5,816.79 as back Bonus® Opening Cashback Bonus Balance $ 000 New Cashback Bonus This Period + 000 Cashback Bonus® Anniversary Cashback Bonus Balance $ 0.00 Date: August 22 How Can We Help You? 1. Visit Discover.com to pay your bill for no cost, view your It's your choice - 3 ways to help 2. Call tl 8c00-DISCOVERtI(347--2683) for fast, easy self serve a more Please have your Discover Card available. options or to speak with a Customer Service Account Manager , For TDD (assistance for hearing impaired) see reverse side 3' Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 ,Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. 'Information For You While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for details. l Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 22 days ,Purchases $0 0.06915% 25.24% V 25.24% $0 $0 Past Purchases $0 0.06915% 25.24% V 25.24% Cash Advances $0 0.0691S% 25.24% V 25.24% $0 $0 $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. _-------- ---------- --- Important Information. If there is more than one page to this billing statement, see the back of each page for additional important information See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account Lost or stolen cards. Report immediately! Call 1-600-347-2993. U z Billing Rights Summary. In Case of Errors or Questions About Your Bill; If you think your bill is wrong, or if you need more information about a o transaction on your bill, write us on a separate sheet of paper at Discover Moresu; PO Box 30421, Salt Lake City, UT 84130-0421, as soon as possible We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but 000 doing so will not preserve your rights. In your letter, give us the following information: 0 .Your name and Account number. 9 aThe dollar amount of the suspected error. `o aDescribe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about. You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in cn question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Speclai Rule for Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price was more than $50 and the purchase was made in your home state or within 100 miles of your mailing address. (If we own or operate the merchant, or if we mailed you the advertisement for the goods or services, all purchases are covered regardless of the amount or location of purchase.) Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment may be delayed it you send cash, correspondence or other items with your payyment, if you send the payment to any other address or if you use an envelope other than the one provided. Payments received on or after 1 PFi Monday through Friday or on a weekend or bank holiday will be posted to your Account as of the next business day. If you have misplaced your envelope, send your payment to Discover Bank, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7-10 days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit You can pa ur minimum payment or a greater amount over the telephone, and you can set up automatic payments. Callus at 1-800-347-2683 You will need this statement and your bank account information. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law You will be asked to provide the first 5 digits of your account statement zip code. By entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize from your bank account, and to initiate debit or credit entries to your bank account, as applicable, to correct an error in he processing of such payment You must tell us the amount of each payment, or you can select an amount such as the Minimum Payment Due or the New Balance on each statement You can cancel a ppayment, however we must receive notice at least three ggbusiness days in advance of the scheduled payment You amo y uyonteachsmonthly statementwh?en youropayment willl bermadetandnhowpmuchUt waillbe.phYoluryAutoma cepaymentvamountt maytbe essilthanl indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit Reporting. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report We normally report the status and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the followin address: Discover Mores Card, PO Box 15316, Wilmington DE 19850.5316. Please include your name, address, home telephone number and Accog unt number PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on all transactions from the date the transaction is posted to your Account until the date you pay your entire New Balance, by making payments or receiving credits. However, we will provide the following "grace period." If iyou paid the New Balance on your previous billing statement by the Payment Due Date shown on that statement, and you pa the New Balance by P st t maent. Otherwise you twill srece rive billing (statement extemonth that includes Perriiodice FinaunceaChargesthat on is, ttpurchases new purchases There is this grace period on balance transfers or cash advances. o We sort your transactions into groups of purchases, cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. For example purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups We refer to these grou s as transaction categories. At the end of each billing period, we compute balances and Periodic Finance Charges for each day of the billing period for each transaction category We use the following equation to compute Periodic Finance Charges for each transaction category. Average Dairy Balance x number of days in the billing period x Daily Periodic Rate. (See the finance charge summary on your statement for these amounts.) Then we add up the Periodic Finance Charges for each transaction category to get the total Periodic Finance Charges for your Account. The Average Daily Balance is shown as zero if, because of the grace period, no Periodic Finance Charges apply to the balance in a transaction category. We use the two-cycle average daily balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges This means if you did not pay the New Balance shown on te billing statement you received during the previous billing period by the e shown asywell asDnewaplurcha es that fasttappear on the current billing sttatementcunlless we alron ew eady imposed Periodic FinanceaCharges ontthelipurchass statement your previous billing statement li We compute the Average Daily Balance for each transaction category by adding up all the daily balances in a billing period for a transaction categgo and dividingg the total by the number of days in the billing cycle. We compute the daily balance for each transaction category on each day byfira adding the Tollowin to the previous day's daily balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued on the previous day's daily balance; and by then subtracting any credits and payments that are applied against the balance of the transaction category licu , we firsthdayd y of thecbi I nigtiperiod If aytranisactionorishposr di tosyournAccount afterctheicloseh pzero of thevbill ngaperiod in bwh cheit toccurs, we w ill treat the transaction as having occurred on the first day of the billing period in which it is posted to your Account All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee to the which are areaaddedCharges c ble balanceotransferptransactionhcategory transaction e speciairate exxpiires, we move the Transaction balance of the balan eetr nsfer and the termi atedaluance nder the Default Rate Transaction Plan. we Financ leave the unpaid stncanda ofrthe burc alancettrransferioandatheoLa cewTransfertTransactionaFee Finance Charges in the applicable transaction category until the special rate would have expired. For TOO (Telecommunications Device for the Deaf) assistance, please call 1-900-347-7449. ThP nisrnverab MnrrsM (`Am is ml-el by nicrmm. P-L' AA.-h.r cnir VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is Nicole Rose (Name) Accounts Manager _ of DFS Services LLC , plaintiff herein, that (Title) (Company) she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. WWR# 7648779 Michael J. Sweeney '6011002409968484 0 "FF OF THE PPCI ;-?ONOTRRY 2099 OCT -b AM 8: 4 7 ,Y *18.5o Po ATrl o-L--v 409 "t 951496 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Fh? E 7HE Sy[RIFF A C-;E 1APY 2009 OC I € '.jj Q: 10 Edward L Schorpp Solicitor Discover Bank vs. Case Number Michael J. Sweeney 2009-6641 SHERIFF'S RETURN OF SERVICE 10/12/2009 08:35 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2009 at 2035 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael J. Sweeney, by making known unto himself personally, at 145 Milky Way Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to hirr personally the said true and correct copy of the same. SHERIFF COST: $46.00 SO ANSWERS, 'Ae•SAe 49!!!!W-O October 13, 2009 R THOMAS KLINE, SHERIFF BX Deput Sheriff ? Sc???' 13cr? ? yv\, o-• J s,,-4w-- 11/2/2009 ?Jo ' ©5 - 46q/ C"w'.f ?. TO: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - CIVIL DIVISION REASON: RESPONSE TO AND/OR DENIAL OF CLAIM SET FORTH BY THE PLAINTIFF- DISCOVER BANK (#09-6641) IF IT PLEASES THE COURT, I MICHAEL J. SWEENEY (THE DEFENDANT IN THIS ACTION) CLAIM A DENIAL IN THIS CIVIL SUIT BASED UPON THE FOLLOWING POINTS; 1. I DENY THE CLAIM BY DISCOVER CARD AND AS IT IS NOT A VALID CLAIM. AMOUNT, INTEREST AND AGREEMENT ARE NOT FACTUAL. I PAID OFF THIS CARD IN 2004 AND CLOSED THE ACCOUNT. I WAS UNAWARE THAT DISCOVER HAD KEPT THE ACCOUNT OPEN AGAINST MY WISHES AND STATEMENT OF CLOSURE. ALTHOUGH IT WAS RE-ACTIVATED I NEVER WOULD HAVE BEEN ABLE TO RE-APPLY IF THE ACCOUNT WAS IN FACT CLOSED AS I REQUESTED. DISCOVER SENT ME A NEW CARD AND WHILE I WAS UNEMPLOYED 1 HAD NO CHOICE, BUT TO USE IT TO FEED MY FAMILY. COMPANIES ARE LENDING AND BAITING PEOPLE INTO BELIEVING THEY CAN AFFORD MORE THAT THEY CAN TRULY PAY BACK AND THIS PRACTICE IS RAMPANT AND CAUSING A FINANCIAL MELTDOWN FOR FAMILIES AND OUR TOTAL ECONOMY. 2. POINT NUMBER FOUR IN DISCOVER'S CLAIM IS ALSO NOT VALID. BALANCE IS NOT CORRECT. 3. POINTS FIVE, SIX AND NINE ARE FALSE CLAIMS. FIRST AND FOREMOST, DISCOVER HAD SENT A NEW CARD (ON AN ACCOUNT THAT WAS SUPPOSED TO BE INACTIVE AND CLOSED) AND SET UP A PROGRAM OF PAYMENT PROTECTION THAT WAS CHARGED TO THE CARD AND WAS THOUGHT TO BE A FREE PROGRAM. 2 ALTHOUGH I DID AUTHORIZE THIS PROGRAM I BELIEVED IT TO BE FREE AND WHEN I ASKED FOR REMOVAL OF THE CHARGES AND, DISCOVER REFUSED! THE REPRESENTATIVE ON THE PHONE WAS NASTY AND BELLIGERENT. DISCOVER WAS PAID EVEN DURING MY ONE YEAR OF UNEMPLOYMENT AS LONG AS COULD BE MAINTAINED. I APPROACHED DISCOVER WITH A SMALLER AMOUNT THAT I COULD POSSIBLY MAINTAIN AND AGAIN THEY REFUSED. PLEASE SEE ATTACHED LETTER SENT EARLIER IN THE YEAR, (EXHIBIT 1). 4. DISCOVER THEN STARTED A PROGRAM OF HARASSMENT CALLING FOUR OR MORE TIMES A DAY EVEN WHEN WE (MY WIFE AND 1) TALKED TO A REPRESENTATIVE (THE SAME DAY) AND WE PLEADED FOR SOMETHING WE COULD AFFORD. THEY KEPT THIS UP AND CALLED AT ALL HOURS DISTURBING MY FAMILY AND STILL NOT ACCEPTING ANY OFFER I COULD AFFORD TO PAY. DISCOVER EVEN TRIED TO CON BANK ACCOUNT NUMBERS FROM MY UNSUSPECTING WIFE, IN AN ATTEMPT TO DRAIN WHAT LITTLE MONEY WE HAD TO SURVIVE ON. DISCOVER IS SHOWING A PREDATORY LENDER PRACTICE OF PILING ON WHEN A PERSON IS DOWN AND CONTINUING TO ADD FEES AND OUTRAGEOUS INTEREST RATES. BY HIRING THIS PARTICULAR FIRM DISCOVER HAS SHOWN ITS `REAL' MOTIVE OF GAINING LIENS WITH NO REAL INTENTION OF TRYING TO FAIRLY SETTLE THE ACCOUNT, BUT RATHER USE THE `BULLY PULPIT' AND FEAR AGAINST THE SMALL GUY IN AN ATTEMPT TO EXTRACT AS MUCH POSSIBLE REVENUE. WHAT ELSE IS IRONIC HERE, IS THE FACT THAT DISCOVER STILL SENDS APPLICATIONS FOR ADDITIONAL CREDIT EXTENDED TO MY WIFE KNOWING FULL WELL THAT SHE HAS NEVER HAD A JOB AND NO CREDIT HISTORY. THIS PROVES THE POINTS IN THE ABOVE PARAGRAPH(S) THAT DISCOVER LIKE MANY OTHER LENDERS ARE LOOKING FOR A SPECIFIC TYPE OF CLIENT TO ENTRAP THEM INTO A LIFE OF DEBT THAT CAN NEVER BE PAID BACK. I HAVE CASHED IN EVERYTHING I COULD; SOLD ALL THAT HAD WORTH EXCEPT FOR THE FURNITURE I STILL HAVE FROM MY BACHELOR DAYS AFTER MY RETURN HOME FROM THE PERSIAN GULF. THIS COMPANY IS NOT LIKE OTHER FAIR COMPANIES WHO HAVE WORKED WITH ME, GAVE 0% FINANCING, OR LET ME SKIP SEVERAL MONTHS OF PAYMENTS IN ORDER TO CATCH UP. OTHERS HAVE EVEN ACCEPTED AS LITTLE AS TEN DOLLARS AS GOOD FAITH AND THIS ALLOWED US TO STAY IN GOOD GRACES WITH THESE COMPANIES. WHEREFORE, THE DEFENDANT BEGS THE COURT FOR A DISMISSAL AND PRAYS FOR A JUDGMENT IN HIS FAVOR AGAINST DISCOVER BANK. KIND 6( I z/0 F SWEENEY FLL.EU-OFFICE OF THE PPOWNOTARY 2009 NOV -2 AM 10. 14 CLJ . ;_ ; u COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK , Plaintiff, vs. MICHAEL J SWEENEY, Defendant. Case No.: 09-6641 CIVIL TERM MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: c~ ~__ y~ ~~ r'= N U ~~, Benjamin R Bibler, Esquire Pa. I.D.# 93598 Weltman, Weinberg & Reis, Co 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 ;„ , _ c_ ~~ ,~ crr _~ c. ti_; .7 .~ ;~~;?,t ~_. _. -c, r. ; ~.r. ;._ .~,. :~ ..,i W WR No. 7648779 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK , Plaintiff, Case No.: 09-6641 CIVIL TERM vs. MOTION FOR SUMMARY JUDGMENT MICHAEL J SWEENEY, Defendant. MOTION FOR SUMMARY JUDGMENT AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Motion for Summary Judgment against the Defendant. In support thereof, Plaintiff avers as follows: 1. Plaintiff filed a Complaint against Defendant seeking judgment in the amount of $5816.79 with interest at the interest rate of 25.24% per annum from July 9 2009, Attorneys Fees of $125.00, and costs. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. Attached to the Complaint was Verification from an authorized representative of Plaintiff verifying the accuracy of the amount sought. See Exhibit "A". 3. Defendant filed an Answer to Plaintiffs Complaint. A true and co~rect copy of the Answer is attached hereto as Exhibit "B" and made a part hereof. 4. On or around April 30 2010, Plaintiff served upon Defendant a set of requests for admissions and requests for production of documents. A true and correct copy of the same is attached hereto as Exhibit "C" and made a part hereof. 5. No response to the discovery demands has been received from the Defendant. 6. The requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 4014(b). Thus Defendant has admitted that he has made no payment on the credit card since WWR No. 7648779 October 23 2008; that he applied for the credit card; that the statements attached to Plaintiff s Discovery Request correctly identify the payments, charges, and balances on the account; that he has not submitted any written disputes as to billing inaccuracies; and that $6530.36 is a correct and accurate balance on the credit card account. 7. By way of his Answer, the documents attached to this Motion, and the Requests for Admissions, deemed admitted under Pa.R.C.P. 4014(b), the Defendant has admitted all facts material to this matter and verified the amount owed. 8. There are no meritorious defenses against this action and Plaintiff is entitled to summary judgment as a matter of Law against defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant summary judgment in favor of Plaintiff and against Defendant for $6530.36 with interest at the legal interest rate of 25.24% per annum from July 9 2009, Attorneys Fees of $125.00, and costs. Respectfully Submitted: By: ~~ Benja m r, Esquire Pa. I.D. 3 Weltm mberg & Reis, Co. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR No. 7648779 IN THE COURT Off' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: vs MICHAEL J SWEENEY COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 {412) 434-7955 FAX: 412-338-7130 07648779 C A Pit SJS ~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No MICHAEL J SWEENEY Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court_ If you wish to defend against the claims set forth in the following pages, you must take action. within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff_ You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. .LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, DISCOVER BANK is a corporation with offices at 6500 NEW ALBANY ROAD NEW ALBANY OH 43054 . 2. Defendant is adult individual{s) residing at the address listed below: MICHAEL J SWEENEY 145 MILKY WAY SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8484 . 4. Defendant made use of said credit card and has a current balance due of $5816.79 as of July 09, 2009 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 25.2400 per annum on the unpaid balance from July 09, 2009 A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made a part hereof. 7, Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 8. Plaintiff avers that such attorneys' fees will amount to $125.00 . 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff_ Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant MICHAEL J SWEENEY ,individually, in the amount of $5816.79 with interest at the rate of 25.240e per annum from July 09, 2009 plus attorneys' fees of $125.00 and costs. games ~. arms~roa~, 4~5~4 WELTMAN EINBERG & REIS CO., L.P,A, 436~Se n h Avenue, Suite 1400 Pittsb r PA 15219 (412} 43 -7955 FAX: 1 -338-7130 0764 7 C A Pit SJS This law firm is a debt collector attem ing to collect this debt for our client and any information obtained ill be used for that purpose. CAR 0 ~ Enter Amafmt Enclosed Belavt Paymerd Due Date $ '~ 1' ~ ' ~ ~+ ":. "-a Please make check payable to Discover Card . Mtnimvmpoymard due Includes a past due amount of $1,059.00. 22 SOSN6A01 0004522 MICHAEL SWEENEY 145 MILKY WAY Will yaw payment get to us on time$ Pay your bill online and our d b SHIPPENS$URG PA 17257-8241 y paymer can e made to your account on the same day.Visit Discovet.com/payMehn today. Address, e-mail err telephone changed Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special oFFers_ Po SOX 6103 r~j,rfr~rrrfi~rErr~rir~(rfr CAROL STREAM IL 60197-6103 (t~(nt(rrntt(~(r~rt(trr~r~~nur~(~~uneE~r~(urrr~~fr(rr~) DDDDD7,986458525324337D581679QDDDDDODS$1679 piscover Mare Card Account Summary Closing Date: June 22, 2009 'Account number ending in 8484 Payment Due Dote July 21, 2009 Minimum Payment Due $S,8 i 6.79 Credit Limit $6,000.00 Credit Available $0.00 'Cash Credit Limit ~ $0.00 Cash Credit Available $0.00 Cashback ~~nus~ page 1 of 1 Previous Balance $5 816.79 Payments And Credits , _ O ~ Purchases Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 0.00 New Balance + 0 00 $5,816.79 Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 000 ;Cashback Bonuses Anniversary Cashback Bonus Balance $ 0.00 'Dale: Avgust22 :How Can We Help You? r 1 • Visit Discover.com to pay your bill for no cost, view ur latest Account information earn and ed io ~If S yOUt' Cf101Ct3 - 3 WUyS FO ~7@~~ , r eem reward and more 2. Call 1-800-DISCOVER (347-2683} for fast, easy selfservice ,Please have your Discover Card available. opfions or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3• Write us at Discover Card, PO Box 30443, Salt Lake City, UT 84130 .~FraElSactlan$ $0 Fraud Cia6ility Guarantee Use your Discover Card with confidonce. 'tn~ormation For You 'While we are permiffed under fhe Cardmember Agreement fo increase the APRs on your Account because your payment :was Iola, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on purchases and anyspeciaFbalance Transfer rate, and applied fhe standard APR for purchases to your outstanding balance of 'purchases and balance transfers. However, we reserve the right fo increase the APRs on your Account if you fail to pay the minimum payment due by She payment dus date. See the Default Rafe Plan section of the Cardmember Agreement For 'details. ~ .._ ~ - ..... . Finance Charge Summary ~ ~ -._._. . ' Namina) Average Daily ANNUA! ANNUA! Transaction Roily Periodic PERCENTAGE PERCENTAGE Periodic Fee Balances Raters RATE5 RATES FINANCE FINANCE CHARGES CHARGES 'current billing period: 22 days ,Purchases $0 0.06915% 25,24% V 25.24% $O $p Post Purchases $q 0.06915% 25.24% V 2524Yo $0 $0 :Cosh Advances $0 ¢.Q6915% 25.24% V 25.24% $0 $0 ~Th6retes that apply to your Account are either fixed (f} or they may vary (V} as noted above. Important Iniormatlon. If there is more than one page to this billing statement, see [he Dack of each page for additional important information. Set your Cardmembet Agreement. Your Cardmember Agreement contains a0 the terms of your Account Lost or stolen cards. Report immediately! Ca0 i-800-347-2683. BNing Rtghts Summary. In Case of Errors or Questions About Your Bill: If you think your bits is wrong, or if you. need more information about a o transaction on your bill, write us on a separate sheet of paper at Discover Morest+; PD Box 30421, Salt Lake City, UT 84130-0421, a5 sobs as possible, We must hear Trom you no later Uran 6D days after we sent you the first bill on which the error or problem appeared. You can telephone us,' but o° doing so will not preserve your rights. In your letter, give us the following information: o •Your name and Account number. ~ •The dollar amount of the suspected error. m • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure ~v about Yov do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that arc not in "' question. White we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Speelai Rule for Credit Card Purchases: !f ou have a problem with the quality of goods or services that you purchased with a credit card. •and you,Aave Vied in good faith to correct the pprtoblem with the merchant you mayy not have to pay the remeimng amount due on the Dods or services, You have this protection Dory when the purchase price was more than $50 and the purchase was made in your home stale or wr~hin.100 mites of your mailing address (If we own or operate the terchant, or if we mailed you the advertisement for the goods or services, alt purchases are covered regardless of the amount or location of purchasr, Payments. Send Doty your payment and the top portion of this statement in the envelope provided. >m not send Bash. BY sending your check as tlesedbed above, you authonze us to use information on your check to make an electroroc fund transfer tram your account at the financial institution indicated on your check or to process the payment as a check transaction B payment is processed as an electronic fund Vansfer, the transfer wilt be for the amount of the check When we use information from your check to make an etecUOnic fund transfer, funds may be withdrawn from your account as croon as [he same day we receive your payment and you will not receive your check back from your financial institution. The proeessing of your payment may be delayed d you send cash, eorresponderice or other items wilt! your payment, if you send Ne payment to any other address or if you use an envelope other than the one provided. Payments received on or after 1 PM Monday througgh Friday or on a weekend or bank holiday will be posted to your Account as of the ne%t business day. if you have misptaced~your envelope; send your payment to Discover Bank, PO Box 6103, Carol Stream, iL 60!97-8103. Please allow 7-10 days for delivery N your payment rs returned unpaid, we reserve !ha right to resubmit it as an electronic debit You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payritenls. CaH us at 1.800.347.2883. You will need, i trs riatement and yyoouur bank account information. You must ensure that sufficient funds are avarllable in your bank account, and all transactions must comply with U.S. law. You will be asked [o provide the first 5 aigiis of your account statement zip code. B'J entering those numbers as your electronic signature, You w111 be agreeing !o this authorizaOon to atbw us and your bank to deduct each payment you auNorae from your bank account and to initiate debit or credd enures to your bank account, as applicable, to correct an error in he processing of such paymenE You must tell us the amount of each payment, ar you can select an amount such as the Minimum Payment Due or the New Balance on each siatemgnl You' can cancel a payment however we must receive notice at feast three business days in advance of the scheduled payment. ;You may notify us by phone at !•800-347-2683 or by mail at address listed in the previous paragraph, it your payments may vary in amount, we will tell you on each monthly statement when your payment will be made and how much it will be. Your Aulomatle payment amount may be Tess than indicated on the monthly statement based on credits br payments applied during the billing cycle. Credit Reporting. We may report information about your account to credit bureaus Late payments, missed pa means, or other defaults on your account may be reflected rn your credit report We norma0y report the status and payment Mstory of ur Recount to credit repotting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the following address. Discover MoresM Caro PU Box 7331fi, Wilmington DE 1985D-5315. Please include your name, address, home telephone number and Account number. PERIODIC FINANCE Ct{ARGES. Periodic Finance Charges are imposed on all transactions Trom the date the transaction s; posted to your Aceounl unlit !ne date you pay your entire New Balance, by making payments or receiving credits. However, we will provMe the toilowing "grace period." If you paid Ute New Balance on your previous billing statement by the Payment Due Dale shown on Ihat statement, and you pa the New Balance by the Payment Due Dafe on this statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases first appearing on this statement Otherwise, you will receive a billing statement next month that includes Periodic Finance Charges on those new purchases.There is no grace period on balance transfers or cash advances. We sort your Iransactiorts into gsoups of purchases east! advances, and balance transfers and then further sort the Vansactions within each group by their Annual Percentage Rate. For example., purchases suD'ecl to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to these grou as lransaeVon categories ~t the end of each billing period, we compute balances and Periodic Finance Charges far each day of the biiling perod fo each lragsaclion category. We use the fohowing eQQUaVOn to comppute Periodic Finance Charges for each transaction category: Average Daily Balance x number o{ days in Inc bi0ing period x Daily Periodic Rale. (See the finance rrnarge summary on your riatement far these amounts.} Then we add up the Periodic Finance Charges for each transaction cafe ry to et the total Periodic Finance Charges for your Account The Average Deity Balance is shown as zero i(, because of the grace period, no Periodic Finance Charges appty to the balance in a transaction category. We use the lwa-cycle average daily balance (including new transactions) method of calculating the balance upon which we impose Periodic finance Charges. This means if you did not pay the New Balance shown on the billing statement you received during the previous bitting period by, rite Payment Due Date shown on that statement we will impose Periodic Finance Charges on new purchases foal first appeared on that bLlling statement. as well as new purchases that first appear on the current bitting slatemeni, unless we already imposed Periodic Finance Charges on the purchases on your previous billing statement We compute the Average Deity Balance for each transaction category by adding up ail the deity balances in a bitting9 period for a lransacliomcate9g~ry and dividing the total by the number of days in the billing cycle. We compute the daily balance (or each transacbon category on each day bylirs adding the loflowing to the previous day's daily balance: transactions made that day, fees charged.lhal day and Periodic Finance Charges accrued on the previous day's daiN balance; and by tires subVacting any credits and payments that are applied against the balance of the transaction category on that day. In calculating the dairy balance for the previous billing period, we consider the " revious days daily balance" to have been zero on the first dayy of the billing period. If a transaction is ppoosed fo your Account after the close of the bitting period rn which it occurs, we will treat the Vansaction as having occurred on the firs[ day of (he billing period m which it is posted to your Account All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee finance Charges which are added to the applicable cash advance transaction ca~eg~ry and Balance Transfer Transaction Fee finance Charges which are added to lne applicabre balance transfer transaction category When the special rate expires, wC move the unpaid balance of lne balance transfer and the Balance Transfer Transaction Fee Finance Charges to the standard purchase transacbon categoryy. However, d the special rate has been terminated under the Defaurt Rate Plan, we leave the unpaid balance bf the balance transfer and ihe•Balancc Transfer Transaction Fec Fn,ance Chargi:s in hie applicable transaction category until the special rate would nave expired. For TDD (Tclceommunlcailons Device tar the Deaf} assistanec, please call 1-800-347-7449. TAP. nicrnvrrCal Mnrr•SM farri is ic<i,ori by ni<rmmr R~n1. LAe... r.e. [sir VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is Nicole Rose (Name) Accounts Manager of DFS Services LLC plaintiff herein, that (Title) {Company) she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. (Signature) WWR# 7648779 Michael 3. Sweeney '6011002409968484 . ~S . h~ ~~ J iiiz12oo9 TO: THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -CIVIL DIVISION REASON: RESPONSE TO ANDIOR DENIAL OF CLAIM SET FORTH BY THE PLAINTIFF DISCOVER BANK (#09-6F41) IF [T PLEASES THE COURT, 1 MICHAEL J. SWEENEY OCHE DEFENDANT IN THIS ACTION) CLAIM A DENIAL IN THIS CIVIL SUIT BASED UPON THE FOLLOWING POINTS; 1. I DENY THE CLAIM BY DISCO'~ER CARD AND AS 1"C IS NOT A VALID CLAIM. AMOUNT, INTEREST AND AGREEMENT ARE NOT FACTUAL. I PAID OFF THIS CARD IN 2004 AND CLOSED THE ACCOUNT. I WAS UNAWARE THAT DISCOVER HAD KEPT TH>r ACCOUNT OPEN AGAINST MY WISHES AND STATEMENT OF CLOSURE. ALTHOUGH IT WAS REACTIVATED I NEVER WOULD HAVE BEEN ABLE TO RE-APPLY IF THE ACCOUNT WAS IN FACT CLOSED AS 1 REQUESTED. DISCOVER SENT ME A NEW CARD AND WHILE I WAS UNEMPLOYED I HAD NO CHOICE, BUT TO USE IT TO FEED MY FAMILY. COMPANIES ARE LENDING AND BAITING PEOPLE INTO BELIEVING THEY CAN AFFORD MORE THAT THEY CAN TRULY PAY BACK AND THIS PRACTICE IS RAMPANT AND CAUSING A FINANCIAL MELTDOWN FOR FAMILIES AND OUR TOTAL ECONOMY. 2. POINT NUMBER FOUR [N DISCOVER'S CLAIM IS ALSO NOT VALID. BALANCE IS NOT CORRECT. 3. POINTS FIVE, SIX AND NINE ARE FALSE CLAIMS. FIRST AND FOREMOST, DISCOVER HAD SENT A NEW CARD (ON AN ACCOUNT THAT WAS SUPPOSED TO BE INACTIVE AND CLOSED) AND SET UP A PROGRAM OF PAYMENT PROTECTION THAT WAS CHARGED TO THE CARD AND WAS THOUGHT TO BE A FREE PROQrRAM. ~ ~~ a>~. ~~w,~ ~ _- 2 ALTHOUGH I DID AUTHORIZE THIS PROGRAM I BELIEVED IT TO BE FREE AND WHEN I ASKED FOR REMOVAL OF THE CHARGES AND, DISCOVER REFUSED! THE REPRESENTATIVE ON THE PHONE WAS NASTY AND BELLIGERENT. DISCOVER WAS PAID EVEN DURING MY ONE YEAR OF UNEMPLOYMENT AS LONG AS COULD BE MAINTAINED. I APPROACHED DISCOVER WITH A SMALLER AMOUNT THAT I COULD POSSIBLY MAINTAIN AND AGAIN THEY REFUSED. PLEASE SEE ATTACHED LETTER SENT EARLIER IN THE YEAR, (EXHIBIT 1). 4. DISCOVER THEN STARTED A PROGRAM OF HARASSMENT CALLING FOUR OR MORE TIMES A DAY EVEN WHEN WE (MY WIFE AND I) TALKED TO A REPRESENTATIVE (THE SAME DAY) AND WE PLEADED FOR SOMETHING WE COULD AFFORD. THEY KEPT THIS UP AND CALLED AT ALL HOURS DISTURBING MY FAMILY AND STILL NOT ACCEPTING ANY OFFER I COULD AFFORD TO PAY. DISCOVER EVEN TRIED TO CON HANK ACCOUNT NUMBERS FROM MY UNSUSPECTING WIFE, IN AN ATTEMPT TO DRAIN WHAT LITTLE MONEY WE HAD TO SURVIVE ON. DISCOVER IS SHOWING A PREDATORY LENDER PRACTICE OF PILING ON WHEN A PERSON 1S DOWN AND GONTINUING TO ADD FEES AND OUTRAGEOUS INTEREST RATES. BY HIRING THIS PARTICULAR FIRM DISCOVER HAS SHOWN ITS `REAL' MOTIVE OF GAINING LIENS WITH NO REAL INTENTION OF TRYING TO FAIRLY SETTLE THE ACCOUNT, BUT RATHER USE THE `BULLY PULPIT' AND FEAR AGAINST THE SMALL GUY IN AN ATTEMPT TO EXTRACT AS MUCH POSSIBLE REVENUE. WHAT ELSE IS IRONIC HERE, IS THE FACT THAT DISCOVER STILL SENDS APPLICATIONS FOR ADDITIONAL CREDIT EXTENDED TO MY WIFE KNOWING FULL WELL THAT SHE HAS NEVER HAD A JOB AND NO CREDIT HISTORY. THIS PROVES THE POINTS IN THE AB©YE PARAGRAPH{S) THAT DISCOVER LIKE MANY OTHER LENDERS ARE LOOKING 3 FOR A SPECIFIC TYPE OF CLIENT TO ENTRAP THEM INTO A LIFE OF DEBT THAT CAN NEVER BE PAID BACK. t HAVE CASHED IN EVERYTHING I COULD; SQLD ALL THAT HAD WORTH EXCEPT FOR THE FURNITURE 1 STILL, HAVE FROM MY BACHELAR DAYS AFTER MY RETURN HOME FROM THE PERSIAN GULF. THIS COMPANY IS NOT LIKE OTHER FAIR COMPANIES WHO HAVE WORKED WITH ME, GAVE O% FINANCING, OR LET ME SKIP SEVERAL MONTHS OF PAYMENTS IN ORDER TO CATCH UP. OTHERS HAVE EVEN AGCEPTED AS LITTLE AS TEN DOLLARS AS GOOD FAITH AND THIS ALLOWED US TO STAY iN GOOD GRACES WITH THESE COMPANIES. WHEREFORE, THE DEFENDANT BEGS THE COURT FOR A DISMISSAL AND PRAYS FOR A JUDGMENT IN HIS FAVOR AGAINST DISCOVER BANK. KIND ~~lZl~r SWEENEY BLED-c~rF~CE Of THE PnOTNChlCTAF~f ZQ89~iQY -2 ~M f0~ f 4 CU1~~w. _,~,~.v CCUNTY PENNSk'LVfihs1A IN THE CC)URT OF COMMON PLEAS CUMBERLAND] COUN"I'Y, PEIvTNS~rLVANIA CIVIL ACTION L),SCOVEP~ 13t-INK, I?laintiif; v. NO.: U9-6641-CV TtitICI-IAEL J. SWEENL-'Y Defendant. PI.AIN'I'IFF'S FI:RS'I' It};OULS'T I+OR ADMISSIONS ANI? I2I~,(~tiES'I' FCJIt PRODUCTION OF I?OCiJMI?N'FS Plaintiff demands that the defendants answer and respond to the following Request for Production of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure within 30 days from the date of service hereof. Plaintiff also demands that defendants answer and respond to the following Rcyuest for Admissions pursuant to Pa. Rules of Civil Procedure 4014. You are requested to admit the truth of eacll of the statements of fact hereinafter stated. You are instructed that: 1. `T'hese requests are made under Pennsylvania Rules of Civil Procedure 1001, ct seq., and cacti of these matters of which an admission is requested shall be deemed admitted unless your s~~~orn statement incompliance with such Rules is timely made. 2. If you do not admit eacil of such statements, you must specifically deny Cacti one not admitted or set forth in detail the reasons vrhy you cannot t--uthfillly either admit or deny each SUCK 117attC1-. 3. Your answer, signed atld properly verified, must be delivered t:o the undersigned attorney of record for-the Plaintiff within tihit•ty (30) da}'s after delivery hcreoi~. 4. ! f you fat I or refuse to admit the truth of~ any such statement of fact and the Plaintiff thereafter p--oves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' feas~lrritncss expenses, ete. 5. It; in response to any of the following statements of fact, it is your position that i'he statement is true in pal-t or as to solve items, but not true in full or as to all items, then answer separately as to each pall or item. 6. If you have. been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, Corporate ofFcer or director ~9}'"1Y v:~ N ^6 `'° I~ or the lil.e; tl7en you are reyuested to answer separately in cacl7 such capacity. Failure to do so constitutes an admission in any such capacity. 7. ]n these Requests for admissions: n. The Nrord _person~s~'° means all entities, and, without limiting the generality of tl7e foregoing, includes natura} persons, joint owners, associations, companies, pattnersl7ips, joint ventures, trusts, and estates; B. "Fhe word "docwment(s~" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pe-taining to any manner to the subject matter indicated; C. "fhe words _`identify", `'identi ~ " _"identification", when used with respect to a ~erscm(s) means to state the fu 11 name and present ol• last knov.~n address and business a:.ldress of such ~crson~s~ ancfi, if an actual person, his pre5eni or last (:sown job tide, and the name and address oi'his present or last known employers; ll. 1'he words "identi~,', <`IdCntr " ~`1de11t1Flcat1011", when used with respect to a date, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, tl7e name(s) of the. addressee or addressees if any and the name(s) and address(es) of each person v.~ho have possession, custody, and control of said document(s). If any such document was, belt is no longer in yow- possession, custody, or control, or in existence, state the date and manner of its disposition; and L. The word "identify_", when used with respect to an act (including ar, alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (])describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identify each and evcty person(~_ participating in such an act; (3) identify all other c~~rson(s~ (if any) present when such act occurred; (4) state whether any m mutes, notes, memoranda, or other record of such act was made; (5) state W17ethC;1' Sul;h record now exists; and (6) ident~ the persons _ presently haV117g pOSSCSSlol7, custody or control of such record. g. Unless otherwise indicated, all I~cquests herein relate to those cel~ain events, persons, and period of time more fully described u7 the pleading In fhlS CaSI:. 9. 'l'hesc requests are of a continuous nature. 'T'hese Requests for Production of Documents shall be deemed continuing so a to require supplemental answers and documents if any information of documents are acquired subsequent to the filing or responses hereto, which information or documents would have been included in the answers and documents produced had it beer] known or available at the time the answers and tihe documents provided pursuant hereto were produced. Defendants shall supply such information and docwments i7y supplemental answers and production of documents as soon a.s such information becomes known or available and in all events, prior to trial of this actior7. If objection is made to any requests for production of documents, it is demanded that the requests for which there is no objection be answered and furnished within the aforesaid period. Alt docwnents identified in response ltcreto shall be organized and labeled to correspond with the request to which it pertains. Por all documents produced, list the individual and his or her job title and department from whose files it was produced and the current custodian of said ctocurrtetlt. if a documnntt called for is believed to exist or is known to exist, but is in the possession, custody or contri>I of another person or patty, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the pubiisller, possessor, custodian or disseminator of such document. If any document called for- by this ~•equest is withil:,id on the basis oi• any claim of privilege or ~tny similar e;laim, identify that document as follows: author; addressee; indicated or blind copies; ciai:c, subject matter; number of pa~~es; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and Mature of the privilege or similar claim asserted. R1C}[ItST 1?oR_.~'RCDLC'r_IL1~! Ci;'. UC?Ci~ME;41_T:~ l_ Yroducc any and all documents evidencing prooi'of all payments on the subject credit card referenced in the Complaint, inetudinb, but not (invited to, cancelled checks, r*_mceipts, coupons, statements, aCCOtillttllgs, memoranda, invoices, financial statements, accoutlting entries, diaries, charts, lists, pl7one PGCOI'dS, data compilations etc. RF:(~LS'r l~Oli }'RCDUC"PION Or I~OC:li11%f>1N7'S 2: ~'roduce any and all documents you intend to introduce and/or provide testimony on as ee~idetlee at rile time of trial. i~(:~t~If_~~fTI~(~.}~ A1.?i~~_j~~.fG~I'~1~),._i_ Defendant aj~pli~d for the credit card 1'Cf'ei~c:nceii fll f3laintii'}"s Coniplair.#. i ;,>,; t'fett,,;,. {f tllt;<1175;~'C;l' it7 l~eque3t fQP /~9dFt'lIS9lUnS ~~C3. ~ iti '`(jc?Illf.'Ci~a, t1iG11 Sll}7}'1}' :+j3C'.Cl{ iC u'Cittcil docurnc;l)tation stlpportin}; tl~e denial. The, attacl)cd monthly st~attm~ni.s, from Octob:°r "?4, 2006 throubh .tune 22, 20Q9, c.c)rrcctl3, is?entity the payments, C;iat•~~5, and balances on the ace.~r~l)t. 1~dlil i tt4d f)et?Ie:d 11 1I~L' a11;;WCl' to t~~gltL'5i {O!' /~dt11ISSIC`I1S i~'E). ~~ IS `~dCllled'~, thcil SUS%}~!}~ Co}?1C%S Of ,,n11C~.lCi~ checks, both front and bciek, and/or if not available, specific .~~t•itien docuancntation supporting the denial. R1QUL~'1=C~C~I? i'.l)MI_~S)Oty I~~J__ "1'hc last payment on the accciunt ~~as made on October 23, 'lCOi;. ~'~dn~ ittcc{ 1?enied lithe answer to Request i`or Admissions No. 3 is "dcnied~', then supply specilie writien documentation supporting the, denial. RI~QUES_I_) OR AI)MISSiO1~ NO,_~t: Defendant has not submitted any ~arittcn dispute as to billing inaccuracy concerning the credit c.a.rd in question. ~ldm iitcd Denied f±'the a1lSWe1't0 Mlle IZCgUCSt fer Admissions No. ~ Is "denied", thcr, supply copses f7f'spc:;ilic written disputes as to any biking inaccuracies. RE~[J1,S'1' OR ADMISSION ~U._5:, $6,530.36 is a correct and accurate current balance of the credit card aucount in question. Admitted Denied If the answer to i~equcst for Admissions No. 5 is '`denied", then supply specil-lc written docun)cntallon Snl.)pOftillg the Clenlal. TIIIS IS AN A'I"I'I?l~'Il''I' TO CULLEC`I' A DE13'I' A!~D ~N~ Ii'V)~OI2:vTA'I'I(~14i OB'I'AINF,I) SIiALL BE USED FOR 'i')ilr~T PURI'nSE n _ _ _ ____. I_ynd. ~ y Rowlanc -.Iuirc I'A I.I . #I2p5520~ WII:I'MAN, WI:~JN 3t:RG & RI;IS CO., L.N.A. 1400 Koppers Building 43C Seventh Avenue Pittsburgh, PA 15219 (412)434-79555 w.wlz: ~ss~ol2 DI++;FEN.UAI`Z'I''~ V~+;RIFICA'1'TC)N I _ , (please print] ~u~der penalty of perjury and subject to the penalties of 15 Pa.C.S. Seetion 4904 relating to uns~~1orn falsification to authorities verify that the foregoing: Responses are true and correct to the best of ?ny kno.~~le;dge, information a?~d'oelici~. bate Signature ~fSC~Y~R' ~~C)~~''lC~~l~ C~l~C~3~l~Ft~ E~L~T~~il~Pt~~ C~.~~ ~~~fltUC~T' cAH~vl?:rvles~ a~~sz>:;:rrrl=~~' Thy tern-,s and ccr~ditio~rs of year ! ccc~:l:r#, irr~I~diriy i~owr vre calculate 7inance charges, Qur ices asrtd an Arpitra#icn or Dial-~utes section. You Have Elie rictht fc reject the arbirrwtivn prouisiarr with resia~tt fn your new ficeoc.rnt within 3U days after rccciuirg your Card, as explained in the "Accept~.nce of Agreerrrent and Right tp Reject ,FrFiitra+.lor;" ;ecEian. SEe 1?~GE5 1 - 12 f'E~IVA4:Y PU~iCY t1 Sl:rrirtl]ry of tl+~ ~.er~rsral ir„cnr+t2~c~n 14~p CJIIS^L'i, When i# rr+~y hcs snared ~.~ith chers, anc? i14w ~,va safes,yard the con•fid~ntialiti and security p# informat.ic~n. You may limit cur harir;g of such information with ethers .. , , ..... ~E'E R,a~E~ 13 - i5 s{Lt.lh!:~ Pt~fiTS impcx#al:t in#urmation ai;ou your r'sghis and Qur respo+~si~ifities under the Fair CrE~:~i# BillinM Act , ... .............. ........ . ... .SEE P~tGES 1fi - 17 LESCRIPi'iQN OF CQVEfiAGB The terms and condlticns of the Scheduled Air firavel Accident Insurance and the Secondary Reni31 Ca+- Collision Coverage that is provided at no charge ±rr yvu v~hen you use your Card to purchase airline tickets or rent an autc~moi~iie ..... SEE PAC3ES 17 - 23 ~~<iUUF Cisaw~rP.~,nl:, Piemr~er FC;G P:'M1~if)G;.G~9Qbil.t7 ~~~~r~~En~~~~ I~GREEnn~r,~T Please read this Agreement carefuiiy before using your Jiscover• Card Account. it contains the terms and conditions of your tuceunt, some of which may have changed from earlier materals provided to you. in the event of any differences, this Agreement shall control. V'de respect your privacy. Sae the Privacy Section on page 9 and our Privacy Policy for additional information. The Arbitration of Disputes Section on page 11 includes a waiver of a number of rights, including the rigftt to a jury trial. Acceptance of Agree- ment and Rigirt to Ref'zct Arbitration section an page Z describes the procedure you must follow if you desire to reject the Arbitration of Crsputes Section. C.4i1DMEMBER AGREEMENT Agreement 7ernts ........................................... 1 Acceptance of Agreement and Right to Reject Arbitration ......................................... Z Use of Your Account ................. .. .. ... ................. Z authorized Users ...................... ...................... 3 Unauthorized Ilse ..................... ...................... 3 Credit Limit-Avalable Credit ................ . ................. 3 Promizeto Pay .............................................. A P~iontfdy Billing Statement ................................... . 4 Monttrly Pa;~ment Options .................................... 4 F:4inimum PJcnthly Payment .................. . ................ 4 Credit Balances .............................................. 5 Balance Transfers ............................................ S .... 5 Periodic Finance Charges ............... . ........... . ..... . Default Rate Plan ............................................7 Cash Advance Transaction fee Finance Charges .......:........... 7 Balance Transfer Transaction Fee Finance Charges ................. 7 Minimum Finance Charge ............... . ..................... B Late Fee ....................................................8 Over(imitfee ................................................8 Returned Payment fee ............. .. ........................ 8 Returned Discover Card Check Fee ............................. 8 Stop Payment fee .................. ......................... 8 Pay-by-Phone Fee ........................................... 8 Research Fee ............................................... 8 Default-Acceleration•Colirction Colts ........................... 8 Cancellation ................................................ 9 Privacy .................................................... 9 Electronic Communications ....... . ........................... 10 Credit Authorizations ....................................... 10 Change of Terms ............ ............................... 70 Change of Address or Te(ephore Number .......... . ........... 10 Assignrnent of Ac<aunt ....................................... i0 Claire Platices ...............................................10 Arbitration of Dispu#es ...................................... 11 Severahility .................................................12 Ccmpiiance with Interest Rate Limitations .. . .................... 1 ~ Governing LavJ .............................................12 AGREEMENT TERMS. The vdord "Account" means youi Discover Card Account. The nord "Card" means any one or more DiscovcrCards i>suzd ±o you or zcmeone 21Se VJltii four authorization. The words "you", "your", or "yours" refer to, in addition to you, the Cardmembee any _1_. other person or persons vrho are also contractually liable under this Agreement. The wards "wc", "us'° and `our" reizr to Discover Bank, the issuer of your Discover Card. The ':vcrds "Authorized User" mean any person whcm you authorize to use your Account or a Card, whether you notify us yr not. The words "Pricing Schedule" mean the document accompanying your Card and listing the finance Charge rates that apply to your ACCOJnt, The Friung 5cttedule is part of this Agreement. ACCEPTANCE OF AGREEMENT AND THE RlGFtT TO R'elECT ARBITRATION. The use of your Account or a Card b you or an Authorized User, or your failure to cancel your Account within 30 days after receiving a Card, means you accept th'ss Agreement, including the Arbitration of brsputas provision on Pages t t-12, You may, however, reed the Arbitration of Disputes sedron by ravidingg us a notice of relection within 30 days after receiving a Card, at the folloVring address: Discover Card, P.O. Box 30938, Sort Lake City, UT 84130.0938. If you were previously subject to arbitration with respect to any account with us, this right to reject arbitration will not apply to you. Your rejection notice must include your name, address, telephone number, Account number and signature and must not be sent ~n~rth any other ccrrespandence. Calling us to indicate that you reject the Arbitration cf DispPutes section or sending a rejediorr notice in. a manner or format that does not comply vJHh all applicable requirements is insufficient notice. In order to process your notice, we require that the notice be provided by you directly and not through a third party. Rejection of ar biiration will not affect your other rigtrts or responsibilities under this Agreement or your obligation to arbitrate disputes under any caber account as io which you and v;~e have agreed to arbitrate disputes. If ybu do rot send a rejection notice, you will be obligated by the Arbitration of Disputes szdion with respect to this and any prior account ycu have had eJ ~h us, even if you have previously sent a rejection notice wrth respect to that prior account. USE OF YOUR ACCOUNT. Your Account may be used for, • Purchases - to purchase or lease goods or services from participating rnerchants by presenting your Card or Account number or by usino promotional diecks, vJhich we may furnish to you, in accordarce'.vitfi such additional terms and conditrens as we may offer from time to time. • Cash Advances -tv ebtain cash advances frcm partidpating automated teller machines, financial irtsttutivns or other locations, the purchase of lottery tickets, racetrack wagers, vvurhers redeemable for rash or for casino chips, money orders, traveler's checks, savings bends, foreign currency, and wire transfers, yr by means of che<'KS which ode may furnish to you, ail in accordance with such additional terms and Conditions as we may offer from time to time. • Balance Transfers - to transfer balances f; am other creditors or to make other transactions by means of balance transfer coupons or checks, in accordance with such additional terms and conditions as we may offer from time to time. In addition, your Account may be used to guarantee reservations at participating establishments. You will be liable for guaranteed reservatrons that are not cancelled pricy to the time speafied by the establishment. Your Account may be used ter personal, family houschoid and charitable purposzs. Year Account may not be used to obtain loans to purchase, carry er trade insecurities, to pay any amount you ovJe under this Agree- ment cr for any transactions that are urala4vful where yea reside or -Z- where you are pf:ys!cal!y located ;~.han you use tha Amount to initiate the transaction "Prohibited Transactions°, Prior to its use, each Card must be stoned by the person to whom it is issued. Vde are not responsib{e for the refusai of anyone tc accept or honor a Card or to accept checks that vea have provided you. You must return any Card or unused checks to us upon request. If a merchant fails to provide your purchase to your satisfaction and you request a credit to your Account, vee will investigate the dispute. If we resolve the dispute in your favor, we veill issue a credit to your Account and you will be deemed to have assigned to us your Claim against the merchant andlor any third party for the credited amount. upon our request, yvu agree to provide us with written evidence of such assignment. Your rights and responsibilities under the Fair Credit Billing Act described in the biilingg riyhts summary on pages t6-17 and on the back of your monthly biliir!g statement apply only to credit card transactions. The Special Rufe for Credit Card Purchases does not apply to purchases made with a balance transfer check, rash advance, or promotional purchase check. Therefore, if you have a problem with the quality of goods or services that you purchased with a balance transfer check, prorotiona! purchase check, cash advance check or the proceeds of a rash advance, you do not have the right to withhold payment of the amount due. AUTHORIZED USERS. If you want to cancel the authority of a current Authorized User to use your Account or a Card, you must notify its in v.+riting ar by telepphone and destroy any Card in that person's possession. None of your rigfru wider this Agreement (other than to pay amouns owed) may be exercised by an person not a party to this Agreement attirg pursuant to a power ofyattorney, without our separate written agreement (which we are nut obligated to give}. UNAUTHORIZED USE. If a Card is lost cr stolen, or if you think that someone is using your Account or a Card without your permission, notify us immediately. You can notify us by telephoning 1-800-015COVER (t- 800-347-2fi83), or by writing DISCOVER CARD, PO Box 15t56, /Vi!mington, DE ]9"086-1002. You agree to assist us in determining the facts relating to any theft or possible unauthorized use of yvur Account or a Card and to comply with such procedures as we may require in connection with our Investigation. if yyou have enrolled in an automatic billing arrangement, such as a montftly gym membership, and tivish to continue the automatic billing arrangement, you must provide the merchant with your new Account number. CREDIT LIMIT-AVAILABLE CREDIT. We wiN advise you of your Actount credit limit. We may impose a lotver limit that will apply tv cash advances, referred to as the cash advance credit limit. We may also impose a Ivwer limit that will apply to balance transfers, referred to as the balance transfer credit limit. You agree not to allow your vrpald balance, including Finance Charges and tees, to exceed your Account credit limit. If you exceed your Account credit limit, we may request immediate payment of the amount by ~r`+hich you exceed your Account credit limit. We may increase or decrease your Account credit limit, yvur cash advance credit limit, or your balance transfer credit lirri# v,+ithvut notice. The tredit available for your use may, from time to time, be less than your Account credit limit. For purposes of determining your available credit, we resen-e the right to postpone for up to 15 business days reducing your unpaid balances by the amount of ary payment that we -3- receive. Your available credit wit! not be increased by the ameur;t. of any credit balance. PROMISE TO PAY. You aggree to pay us in U.S. Dollars for ail purchases, cash advantes and balance transfers including applicable Finante Charges and other charges or fees, incurred by yvu or ar;yone you authorize or permit to use your Account or a Card, even if you do not notify us that others are using your Acr_ount or a Card.lNe will convert purchases and cash advantes made in a foreign currency to U.S. Dollars at the rate the are charged on the date of conversion. I# you pay us in other than U.S. Dollars, v.'e it;ay refuse to accept the payment or charge your Account our cost to convert your pa' ment to U.S. L'ollars. All checks must be draven on funds on deposit in the U.S. You may not use a cash advance check, balat•,ce trans#er check or coupon, ar any other promotional check drawn an any Discover Bank credit card account to make paymenfs on your Account. If our Account is a joint Account, each of you agrees to be liable individually and jointly for the anti; a amount owed on your Actount. We can accept late payments or partial payrents or cf,etks and money orders marked `payment in full" or with any other restrictive endorsernent without toeing any of our rights under this Agreement. MONTHLY BlttlNG STATEMEt~t, We will send you a billir,~ statement after each monthly billing period in which yvu have a deoit or credit balance, unless ree waive our r! ht to do so as permitted by law. The billing statement will shove all purchases, cash advances, balance transfers, Finance Charges and other charges or fees and all payments or other credits posted to your Account during the billing period. It will show your Fiew Balance, Minimum Payment Due and Payment Due Date, 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 M!nimurn Payment Due..AlI payments must be made in accordance with tF:e terms, including the payment cutoff time; stated on your monthly billing statement, and ode will credit your Account in accordance ~a+ith those terms. !n addition, we reserve the right to change those terms without pricy notice as permitted by taw. We will apply payments and credits to the New Balance shown on your current billing statement in order of the Annual Percentage Rate applicable to the balance of each transaction category (as re#erenced in the Periodic Finance Charges 5edion), generally from lowest to highest beginning with the balance subl!~ect to the lowest Annual Percentage Rate. We then apply payments and credits tc an+/ new transactions using the same method. Howeve ; ore have the right to apply payments and credits to balances with higher Annual Percentage Rates prior to balances with {ower Annual Percentage Rates, such as tvhcn there are ttvo initial special rates applicable to your rttcount and the lower annual Percentage Rate wilt expire before the higher Annual Percentage Rate. MIWIMUM MONTHLY PAYMENT. The te3inimum Payment Due each month veil! be the greater of; (i) X15 or the New Balance if the Now Balance is less than `r75; or (ii) any amount past due pb~s the greafier of (~) 2% of the New Balance (excluding current Perioe Finance Chases, Late and Overlimit Fees) or (b) current Period Finance Charges plus Late and Over!imit Fees pus 15 (not to exceed 3% of the PJew Balance), :with (a) and (b) rounded up to the nearest dollar, however, the Pninimum Payment Due will never exceed the Pie'.•+ Balance. In calculating the Minimum Payment Due, the may subtrd certain fees added to your Account during the billing period. VJe may aiso irdude in your Minimum -G- Payment Due all or a portion of the amourit b ~ which your outstanding balance exceeds your Account credit limit as of}the last day of the biking period. Paying the Minimum Payment Due may be insufficient b bring your Account.~balance belove your Account credit limit and, consequently, may not avoid the imposition of an additional Overlimit Fee described in the Overlimit Fee Section. We may from time to time allow you to net make a minimum monthly payment, and will notify you vuhen this option is available. If you take aavantage of this offer and do not make a minimum monthly payment, finance charges and any applicable fees will accrue on your Account in accordznce with this Agreement, and you must pay the Minimum Payment Due for the following billing periods. CREDIT BALANCES. V'le will refund any credit balance within seven business days from receipt of your written request. If you do not request a refund, we will automatically refund credif balances greater than $1.OD that remain in your Account after 6 months. BALANCE ~FRANSFERS. V'le may periodically offer yru the opportunity to transfer balances from othercreditors or to make other transactions to your Account by means of baiarce transfer coupons or Checks. Each offer will contain an initial special rate, which will be the Annual Percentage Rate that will apply to transferred balances for the time pericd specifed in the offer, subject to the Default Rate Plan Section, and may contain a Balance Transfer Transaction Fee Finance Charge for each balance transfer made during the term of the offer, 2s disclosed in the offer and asset forth in the Pricing Schedule, if applicable. After the expiration of this time period, the Annual Percentage Rate that applies for purchases will apply to transferred balances. Balance transfers sub}act to the initial special rate are referred to as special rate balance transfers; balance transfers for which the initial special rate has expired are referred to as purchase rate balance transfers. Each offer will Contain an expiration date- If you attempt to transfer balances by means of a Check after the expiration date, ta'e will treat the transaction as a cash advance. th'e will not make bafarrce transfers attempted by means of a coupon after the expiration date. ' PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on aft transactions from the data the transaction is pposted to your Account anti! the date you pay your entire Nevv Balance, b making payments er receiving credits. However, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that statement, and you pay the Nevv Ba}ante by the Payment bue Date on your current billing statement, we will not impose Periodic finance Charges on new purchases, that is, purchases first appearing on the current statement. We call this the "grace period." There is no grace period on balance transfers or cash advances. VVe sort your transactions into groups of purchases, cash advances, and balance trnsfers and then further sort the transactions avithin each group by their Annual Percentage Rate. For example, purchases subll'ect to a promotional rate and purchases subject to a standard rate v.'ould be separate groups. +,Ne refer to these groups as transaction categories. At the end of each billing perod, we compute balances and Periodic Finance Charges for each day of the billing period for each transaction category. lNe use the following equation to compute Periodic Finance Charges for each transaction Cate9pry: Average Daily Balance x number of days in the billing period x Daily Periodic Rate. {You may refer to the finance charge srrrnmary on your billing statement for these amounts.) Then ave add up the Periodic finance Charges for each transaCtroR -5-. category to get the total Parodic Finance Charges for your Account. The Average Daily Balance is rho:roR, as zero if, beczuse of the grace period, no Periodic finance Charges apply to the balance in a transaction category. We use thetwo-~'c)e average daily balance (including new transactions? method of calculating the balance upon which vve impose Periodic Finance Charges. This means if you did not pay the New Balance shown on the billing statement you received during the previous billing period by the Payment Due Date sho:vn on that statement, we wii~impose Periodic Finance Charges on new pura':ases that first appeared on that billing statement, as well as new purchases that first appear on the current bdlrng statement, unless tae already imposed Periodic Finance Charges on the purchases on your previous billing statement Ut+e compute the Average Daily Balance for each transaction category by adding up a0 the d-a'sly balances in a billing period for a transaction category and dividing the total by the number of da;~s in the billing cycle. Vt+e compute the daily balance for each transaction categery~ on each day by first adding the following to the previous day`s daily balance: transactions made that day, fees charged that day and Periodic Finance Charges accrued on the previous day's daily balance; and by then subtracting any credits and payrnen`s that are applied against the balance of the transaction category on that day. In caculating tiro daily balance foPthe previous billing period, :ve consider the " raucous day's daily balance" to have been zero on tiro first day of the billing period. If a transaction is posted to your Account after the Ctese 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. All fees charged to your Acccunt are added to the standard purchase transaction category vvrth the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction cateoory. When the special rate expires, vie move the unpaid balance of the ~atance transfer and the Balance Transfer Transaction Fee Finance Charges to the standard purchase transaction category. f;owever, if the special rate has been terminated under the Default Rate Plan, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges in the applicable balance transfer transaction category until the special rate would have expired. The Daily Periodic Pate gild correspor~dinq Annual Percentage Rate that apply to each transaction category are either fixed rates or variable rates as set forth in your Pricing Scf~edufe or in any special offers you receive from us. The Daily Periodic Rate is i/305th of the corresponding Annual Percentage Rate. Variable Annual Percentage Rates are determined by adding a specified number of percentage porntr to the Prime Rate. This is shown on the FriGng Schedule as "Prime + ipercentage ppints)." For Purposes of this.4greement, the Prime Rate is the highest rate of interest nsted as the "prime rate" ir, the Money Rates section of The WaI! Street lourna! on the last business day of the month. The Prime Rate is merely a pricing index and does not represent the Lowest or best interest rete available to a berrotiver at any bank at any given tune. If you have a variable rate, your Annual Percentage Rate will increase or decrease when the Prime Rate changes. This change vvi11 6e effective beginning :with the first day of the billing period that begins during thy. same _6_. rnUnth as the changge in tfie Prirne Rate. Ar, increase in the Annual Percentage Rate will usually result in an increase in your Minimum Payment Due. DEFAULT RATE PLAN. We will review your Account on the last day of each billing period io determine the Annual Percentage Rates that veiil apply to your Account. If eve did not receive at least the Minimum Payrnent Due by the Payment due Date, then the standard ANN! rAL PERCENTAGE PATE for purchases will be increased by five percentage poinu, not to exceed 28.99°%, and remain as either a fixed or •rriable rate based on the type of rate in effect before the increase. In addition, any special rate on balance transfers and any introductory or promotional rate on purchases that currentlyy applies to your Account, and any such rate that wee have previously offereg to you, wilt terminate and increase to be the same rate and change to be the same type (fixed or variable} as the new standard Annual Percentage Rate for purchases. If any other Annual Percentage Rate applicable to your Account, such as your Annual Percentage Rate for cash advances, is less than or equal to the new standard Annual Percentage Rate for purchases, it swill change to be the same type {fixed or variable) as the new rate and if it is less, it will increase to the new rate. If any rate exceeds the new rate, it will not increase or change type. The Prime Pate is the index #or any variable rates. Any- increased rate and change in type veil) apply beginning with the first day of the billing period in which we did not receive at least the Potinimum Payment Due by the Paymeri Due Date. If your standard Annual Percentage Rate for purchases was increased under this or any previous version of the Default Rate Plan and, fur any nine consecutive billing periods ending after April 1, 2006, ynu pay at least the Minimum Payment Due, if any, by the Pa ment Due Date, then your Annual Percentage Rate for your new purchases will be reduced and your Annual Percentage Rate for your existing purchase balance may be reduced. Any reduced Annual Percentage Rotes will apply beginniny with the first day of your tenth billing period, CASH ARVANCE TRANSACTION FEE FINANCE CHARGES. Unless otherwise specified in a cash advance offer, we 4vill Charge you a Cash Advance Transaction Fee Finance Charge of 3°;° of the amount of each new cash advance with a minimum Cash Advance Transaction Fee FINANCE CHARGE of $5.00 -and ho maximum. 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 Annual Percentage Rate. All forms of cash advances, including the use of Discover Card checks, regardless of Ewe purpose Tor which used, are subject to Cash Advance Transaction Fee Finance Charges. To obtain the total finance Charge on cash advances for each willing period, we add any Cash Advance Transaction Fee Finance Charges for the billingg period charged under this Section to any Periodic Finance Charges calculated under the Periodic Finance Charges Section for each cash advance transaction category and add up these amounu. BALANCE TRANSFER TRANSACTION FEE FINANCE CHARGES. If the balance transfer offer you receive contains a Balance Transfer Trans- aRion fee Finance Charge, we will charge you a Balance Transfer Transaction Fee Finance Charge for the amount of each balance transfer made under twat offer. if there is a Balance Transfer Transaction Fee Finance Charge in conjunction with the offer you received when you applied for an Account, rt vaill be in the amount set forth in the Pricing Schedule. The imposition of Balance Transfer Transaction Fee FfnBnCe _7_ Charges may result ir, an Annual Percentage Rate for balance transfers that a higher than the nominal Annual Percentage Rate, To obtain the total Finance Charge on balance transfers for each billing period, we add any Balance Transfier Transaction Fee Finance Charges ca!culaied under the Periodic Finance Charges sectiai for each valance trarsfer trans- action category and add up these amounu. h11NfWfUh7 FINA"dCE CHARGE, lRre will charge you a minimum FINANCE CHARGE of j.50 for any billing period in which some FIrJANCE CHARGE of less than $.50 would otherwise be imposed. LATE FEE. We will charge yeu a Late Fee if you have failed, as of tiu Payment Due Date, to make tfie Mir,imurn Payment Due tha± was required to be paid for that billing period. The amount of the Late Fee is based on the sum cf all autstandmg purchases, cash advances, balance transfers, other charges, ot2her fees and Fir±ance Charges at the end of that billing period, If the sum is equal io or less than 5500, the Late Fee is $15, and if the sum is greater than $500, the Late Fee is $39. OVERLIMIT FEE. We vdiil d!arge you an OverGmit fee each time that, as of the close of a billing period, your au+standing Account balance exceeds your Acceunt credi± limit. This flee 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 cf Finance Charges or flees to your Account. The amount of the Cverlimit Fep is based on the sum of all outstanding purehases, cash zdvances, balance transfers, other charges, other fees and finance Charges at the end cf the willing period. If cite sum is equal to or less than 550D and you exceed your credit limit, the Overlimit Fee is $15. If the sum is greater than ;500 and you exceed your credit limit, tl;e 6verlimit Fee is $39. RETURNED PAt'MEN7 FEE. tNe will charge you a Returned Payrnent Fee of $35 each time you pay us with a check a. other instrument that is returned unpaid. This fee will also apply if a debit transaction to a deposit account from which you have authorized us in writing, electronically, or orally to periodically deduct ail or a part of an amount you o4ve us under this Agreement is returned unpaid. We wilt charge you this fee the first time any payment is returned unpaid, even if it rs paid upon resubmission. RETURNED DISCOVER CARD CHECY, FEE. We will charge you a Returned Discover Card Check Fee of $29 each time wee decline to honor a Discover Card cash advance check, balance transfer rheck, promotional purchase check, or other promotional check. STOP PAYMENT FEE. VUe may charge a Stop Payment Fee of $15.00 each time the stop payment at your request on a cash advance check, balance trartster check, promotions! purchase check, or other promotions! check. PAY-BY-PHONE FEE. We may f.rcrn time to time allo:v you to make payments by authorizing us over the telephone to transfer or pay funds from a deposit account to your Account. We wit! charge spay-by-Fhone Fee of $15 for each such transferor payment. RfSEARCH FEE. bVe may charge you a Research Fee of $5.90 for each copy of a biiliny sta*,emert ar sales slip that ynu request. However, we will not charge z fee if you request copies in connection with a billing error. DEFAUL7ACCELERATION-COLLECTION COSTS. You are in default if you wecome insolvent; if you file a bankruptry petition or have one fled against you; if wee have a reasonable helief that you are urawle or -3- unwilling to repay your ob{igaticns to us; if you are declared ircompetert by a court or if a court appoints. a guardian for you or a Conservator for your assetr; if you die; if you fad to comply vrith the terms of this Agreement; including failing to make a reyuired payment when due, exceeding your Account credrt limit, or using your Card or Account for a Prohibited Transaction; or if you fail to make a required payment when due on any other account you have with us. if you are in default, the may declare the entire balance of your Account immediately due and payable without notice, if we refer the collection of your Aaount to an attorney or employ an attorney to represent us with regard to recovery of money that you otroe us, we may charge you reasonable attorneys' lees and court or other collection costs as permitted by law and as aRually incurred by us, incuding fees and costs in connection with any appeal. 4Ve may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them. CANCELLATION. You may cancel your Account by notifying us in writing or by telephone and returning or destroying every Card and unused check that vde have provided you. Of course, you will still be responsible to pay any amountyou owe us according to the terms of this Agreement. Ifi your Account is a joint Account, either Cardmember may cancel the Account, but you will both remain responsible to pay any amount owed to us according. to the terms of this Agreement We may cancel or suspend your Account.at any time without notice. NJe may choose not to renew your Account (beyond the expiration date shown on the face of a Card) without notice. PRIVACY. We respect tfte privacy of information about you and your Account. Uur Privacy Policy includes a summary of the personal infor- mation we coileR, when it Wray be shared with others, how we safe- guard the canfidentia{ittyy and 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 of your Cardmember Agreement. As indi- cated 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. Late payments, missed payments, or other defaults on your Account may be reflected in your credrt report. We normally report to such credit reporting agencies each month. If you believe that our report of your Aaount status is inaccurate or incomplete, please write us at the following address: Discover C:,rd, PO Box 153iti, NJilmington DE 19850-5316. Please include your name, address, home telephone number and Account number. We may from time to time review your credit, employment and income records. Our personnel may listen to or record telephone calls between you and our representatives withcut notice to you as permitted by law. We may use any medium, intluding but not limited .to mail, live telephone calls, automated telephone equipment, prerecorded tele- phone calls, and e-mail to contact you about your Account or offer you products or services that may be of value to you. If you prefer riot to be contacted in one or more of these ways, call us at i-800-DISCOVER or write to us at Discover Card, P.O. Box 15354, Wilmington, DE 19850. We provide various methods by whidr you can obtain information about your Account. Vve will only release such information to ycu, any Authorized User that our records indicate is an authorized buyer an your Account, and a.ny other person with your prior pernrissian, in addition to as provided in our Privacy Policy or as required by law. Our security measures cannot insure against unauthorised inquiries. You agree that -9- we vdiil not be responsible for the release of information to anyone who, even if without your authorization or permission, has gained possession of a Card or has learned other identifying characteristics about you such as your personal identification number, Account number or social securty number. ELECTRONIC COMMUNICATIONS. We may otter you the opportunity to receive certain notices from us electronically rather than through the mail, including monthly billing statements and change of terms notices. The terms and conditions for receiving these electronic communications wiR be described in the offer. CREDIT AUTHOftIZATI0N5. Certain transactions will require our authorization prior to completion of the transaction. In some cases, you may be asked to provide identification. VJe have the right not to authorize a transaction for security or other reasons. Also, if our authorization system is not working, we may not be able to authorize a transaction. We will not be liable to you it any of these events happen. CHANGE OE TERM5.4Ve may change any term or part of this Agreement, .including, but not limited tn, any finance charge rate, fee or method of computing any balance upon which the finance charge race is assessed, or add any new term or part to this Agreement. Ifi required by late vve will send yoga written or eledrenically delivered notice at least 15 days before the change is to become effective. tiNe may apply any such change to the outstanding balance of your Aaount on the effective date of the change and to nevi charges made after that date, You may be offered the opportunity #o reject some of the changes, and if you do, you muse notify us m writing or e!ectronicaiiy within 15 days after the mailing of the notice of change at the.address provided in the nati<e of change, in which case your Aaount wr0 be closed and you must pay us the balance that you owe us under the existing terms of the unchanged Agreement. Othen;~ise, you wilt have agreed to the changes in the notice. Use of your Account after the effective 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. We may also change any term of any product, service, or benefit offered 'rn wnnedion with your Account, We v/iN notify you as required by law or by the terms of the product, service, or benefit. CHANGE OF ADDRESS OR TELEPHONE NUMBER. If you Change your address or telephone number ~fou must notify us of yc~,:r new address or telephone number within 15 days. ASSIGNMENT OF ACCOUNT. INe maysel't, assign ar transfer your Aaount or any portion thereof without notice to you. You may not sell, assign or transfer your Aaount •v~:ithout first obtaining our prior written consent. CLAIM NOTICES. In the event that you or we have a claim that arises from or relates to your Account, any prior account you had with us, your application, the relationships which result from your Account or the enforceability of the Agreement or any prior agreement, before initi- ating, joining or participating in any juduiai or arbitration proceeding, as either an mdivrdual li#rgant or member of a class ("Proceeding"), the complaining party shall give the other party: (i) a written notice of the ciaiin ("Claim Nctice"), at least 15 days before initiating any Proceeding, explaining in reasonable detail the nature of the claim and any sup- porting facts; anal (2) a reasonable geod faith opportunity to resolve the claim vdrthout the necessity of a Proceeding. This includes any claims involving our parent corporation, subsidiaries, affiliates (including, with - io- cut lirtiat!on, f3!r,~Ft,er (inanCrat 56tnces LLC'), prrsdacesscrs, successors, assigns, as well as the officers, dir•~ctors and employees of each of these entitles. Any Claim Notice shall be sent to us at 1?0. P,vx 8040, Hilliard, Ohio 43026 (or such other address as we shall subsequently provide to you) (the "Claim Notice Address") ortc you at your address appearing in our records or, if you are represented 'oy counsel, to your attorney at your attorney's o roe. ARBITRATION OF DISPUTES. In the event of any past, present or future claim or dispute (vuhether based upon contract, tort, statute, common lava or equdy) between you and us arising from or relating to your ACCDJnt, any poor accountyou have had wait us, your application, the relationships which result rrom your Account cr the enforceability or scope of this arbitrativn provision, of the Agreement or of any prior a4reement, you or we may elect to resolve the claim or dispute by binding arbrtration, IF EITHER YOU Oft WE EtECT ARBITRATION, NEITHER YOU NOR 'iVE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAlivl IN COURT UR TO NAVE n JURY TRIP+L ON THAT C(.P.IM. PRE-HEP.RING DISCOVERY RIGHTS AtdD PGST-NEARItdG APPEAL RIGHTS V'JILL BE LIMITED. NEITHER YOU NOR ttVE SHAH BE ENTITLED TO JOIN OR CON50L1DATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDME,MBERS ih11TH RI=SFECT TO OTHES ACCOUNTS, GR LITIGATE IN COURT OR ARBITRATE AIJY CLAIMS AS A REPRESENTATIVE OR MEMBER Of A CLASS CR I!J A PRIVATE ATTORNEY GENERAL CAPACITY ("Gass Action VJan;er"). Notwithstanding anything else to the rontrary in this a~bitratlon provision, oni}' a court, and not an arbitrator, steal! determine the validity and effect of the Class Action Vdaiver. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respell to any daitn made by a new party or any new claims later asserted in that lawsurt, and nothing undertaken ±herein shall constitute a waiver of any rights under this arbitrtlen provision. We vain not invoke our right to arbitrate an individual claim you bring in small claims court or your state's equivalent court, 'rf any, so iottg as the rlaim is pending only in that court and does rot exceed X5,000.00. Your Account involves interstate commerce, and this prov!sien shall be governed by the Federal Arbitration Act (FAA). The arbrtration shall be conducted, at the option of whoever flies the arbitration claim, by wither the American Arbitration Association (AAA) or the National Arbitration Forum (tJAF) in accordance vaith their procedures in effect when the claim is filed. Fvr a copy of their procedures, to file a claim or for other information;, contact AP,A at 335 Madison Avenue, Floor 10, New Yvrk, PIY 10017-5905, +rvva.r_dr.a; g (phone 1-800-778-78?9) or NAF at P.O. Box 50191, Minneapolis, lv1N 55405 (phone 5.800-474-2371}. No other arbitrtion forum will be permitted, except as agreed to pursuant to zither the Change of Terrns section or a wrrtmg signed by both parties. Unless consented to by all parties, no arbitration may be administered by any administrator that has any formal or informal policy, rule er pro- cedure that is inconsistent with or purports to override the terms of this section. At your written request, we wdl advance any arbitration filing, administrative and hearing fees which you would be required. tv pay to pursue a claim or dispute as a result of our electing to arbitrate that claim or dispute. Send requests tc P.O.Bvx 15197.,'1Jilmington, DE 19886- 1020. The arbitrator will decide who vaill ultimately be responsible for paying those fees.l'vu tivi}I only be responsible #or cayiny cr «imbursing our arbrtration, filing, administrative cr hearing fees to rite exten*. you -11_ _. _~,.. L+JOtild ha.+E i}6Yn rc^SpCnbrulE fGr iiiiylritJ ~'attrfR~1'3' f~t'S Ski LiiLir'< ^vf other crf!ection costs" had the action proceeded in court. 1,7 nc event will you be required to pay any fees or costs incurred by us in connection with an arbitration proceeding ;a+here such a payment or reimbursement is prohibited by appiicable la;;+. Any arbitrativn hearing vai!I take place ut the federal judicial district where you reside. The arbitrator shall follow appiicable substantive law tv the extent consistent whit the FAA and appicable statutes cf limitations and shall honor claims of orivilege recognized at law and shall be authorized to award ail remeuties permitted by the substantive lads that would apply if the action were pending in court. If requested by any parts, the arbitrator shall write an o inivn containing the reasons for the award. The arbitrator's decision will be final and binding extent for any appeal rights under the FAA and except that if rite amount in controversy exceeds X100,000.00, tiny party may appeal the award .within 30 days to athree-arbitrator panel, which shall «view the award de novo. Unless applicable lava provides otherwise, the appealing party will .pay the cost of the appeal, regardless of its outcome. However, vae will ccnsrder in good faith any reasonable request for us to bear the fees charged by the arbitratir•.n administrator and the arbitrators in connection vartit th;: appeal Judgment upon any award by the arbitrator may be enforced in any court having !unsdic~~an. Our rights and obligations under this arbitration prevision shall inure to the benefit of tine! be binding upan our parent corporations, subsidiaries, affiliates (including, wit}rout !imitation, Discover Financial Services LLC), predecessors, successors, assigns, ar well as the offikers, directors and employees of each of these entities, and will alsv inure to the benefit of any third party named as a co-defendant with us or with any of the foregoing in a claim which is subject to This arbitration provision. Your-rights and obligations under this arbitration prvvision shall inure to the benefit of and be binding upon- all persons contractually liable under this Agreement and al! Authorized Users of the Account This arbitration provrsron shall survive termination of yvur Account as weR as voluntary payment in full b' you, any legal proceedings by us tc tolled a debt owed by you, any bankruptcy by you and any sa e by us of yvur Account. SEVERABILITY. If any part of this Agreement becomes unenforceable, it vaill not make any other part unenforceable, exce~;t that if the Class Adicrt Waiver set farttt above in tt:e Arbitration o, Disputes section is invalidated in any proceeding ir, which you and vae are involved, then the P.rbitrativn of Disputes section wiN be void with respell to that proceeding. COMPLIANCE WITH IPJTEREST RATE LIMITATIONS. 1~re intend that this Agreement will cvrnply with applicable interest rate limitations. Yvu will not be required to pay Finance Charges or other charges at a rate it~at is greater than the maximum amount permitted by law. If it is ever finally determined that, but for ibis Section: the Finance Charges er other charges under this Avreement would exceed the maximum lawful amount, the Finance C~iarges and other charges will be reduced to the maximum lavrul amount, An}' excess arnvunt that you have already paid will be used to reduce the outstanding balance of yvur Account ar writ be refunded to you by means of a check in cur discmtivn. GOVERNING LAW. This Agreement and any claim or dispute arising out of this Ayreement vaill be governed by applicable federal law and, to the extent stag law applies, Delaware law. -t2- Rf2fV~CY FCILICY `J4le Respect Yaur Privacy Cur mission is to praVlde yaU Wltfi sL'pBfiOr products and services, alongg with the peace of mind knovr"ing that that the security of your personal information is our top priority. We understand your concerns about guardian information aboutyou and your Account, V'Je wantto assure you that we have taken steps, and will continue ;o take steps, to safeguard that information. This Privacy PGlicy describes our efforts to meet these obyed ivies. It includes a summary of the following important information: • A listing of the personal information we collect; • The circumstances in which we may shaze information with others; • The ways we safeguard the confidentiality and security of information; and • The steps you may take to limit our sharing of such information vriCh others. See Section 4 for complete details. Please read our Privacy Policy carefully. It will help you understand hawtve tolled and share information. 1. What Personal Information Da We Collect? To serve you better and manage our business, it is impor?ant that :vie collect and maintain accurate personal information about you, Vle obtain this information from applications and other forms }'ou submit to vs, from your dealings vrith us and others, from consumer reporting agencies, and from other sources, such as our V~le6 sites. For example: . We may obtain information such as your name, address and date of birth from applications and other forms you submit to us. • bsle may obtain information such as Account balances, payment histar~; your use of your Account and the types of son+ices you prefer from your transactions and other dealings with us and others. • VJe may obtain information such as the balances of your loanswith other lenders and your payment history avitYt others from consumer reporting agencies. • We may obtain information such as your Internet service provider, your email address, your computer's operatsng system and VJeb brovrser, your Web site use and your product and service preferences from your visits to Web sites. 2, is Personal Information Shared With Others? We limit tha sharing of information with others. Many ofi the offers you receive for products and services are provided directly to you from us. For example, a retailer tfrat accepts the Uiscover~ Card may came to us with a spedat offer for Cardmembers, such as a discount certftcate or product upgrade. After careful consideration of the nature of tl:e offer and the company, ;vie ;vill create a list of Cardmembers vrho may be interested in the offer based on certain charaderistia. Y'Ve vrill send the offer directly to those Cardmembers an behalf of the retailer by, for example, including an insert in Their monthly billing statement or mating the offer ourselves. We contrGl the information used to make the offer; vivo do not share the list or any Information about our Cardmembers with the retailer. HGwave; please understand Lhat if you do receive this type cf offer from us and choose to take advantage of it, the retailer may then learn information about you because only Cardmembers with certain characteristic received the offer. There are, hovveve ,circumstances in whkh we may share thz infonnaticn _T3 _. vre collect aba•,.: you, as described in Scotian 7, vrittt other companies in order to provide you :vitit access to products and sen'iccs and to service your Account effectively, as detailed belovr. VJe require these compantes to adhere to our privacy standards and to use this information only for the limited purpose for which it eras shared. We do not allow them to disclose it to others without our prior approval. a. Sharing Personal {»;orma*ion :vith Carr Corporate Family We are part of the Morgan s"tanley farnil}+ of companies. Our corporate family offers a wide variety of procucts and services that can help you manage your finances. 1n order to provide you with access to these products and seNices, we mad share the information we collect aboutyou, as described in Section 1, wrth other members of our corporate family. These companies include finrncial service providers that offer mortgage !ending servrces, securities znd asset management services, investment opportunities artd mutual funds, and may include non-financial service provrders in the future as our corporate family continues to gro•.v. b. Sharing Personal 1rfarmation rrirh Non- Zfffliated Parties for A/,arke±ing Purposes lNe may share the information we collect about you, as descrbed in Section 1, with non-affiliated third parties, indudiny those that aaept the Discover Card, in order to provide you with access to products and s.=rvices offered directly by these compantes that may be of value to you. These companies include financial service providers, such as insuranr_e companies,'and non-financial cowponies, such as re±ailers. c Sharing Personallnfarmatron with Cthers ~Ne may share the information we called about you, as described in Section 1, with companies that perform sup(,'arL or marketing sen'ices cn our behalf, such as mailing, marf:et research and data prccess~ng; other finarxia! ins5tutrons with which we have joint marketing agreements; or companies that are our partners for cobrand credit card programs or reward programs. We may also share such in#ormatian as permitted by l avr. 3. Ifavr Do We Prated The Confidentiality, Security and Integrity Of Information About 1'ou? ~Ve maintain physical, eledronk and procedural sa#eguards to protect the information we tolled about you. Access to such information is restricted to individuals who need it iri order to service yGUr Account or provide products and services to you, and vrho are trained in the proper handling of such information. Employees who violate these confidentiality requiremzntz are subject tG Gut disciplinary process. Where third parties provide support servrces, we require them to conform to our pnvacy standards. It is importantthat the information we maintain about you is accurate and complete. tf you see information in your rnanthly billing statements ar elsewhere which suggests that our information is incomplete ar inaccurate, please vrriLe to us at Discover Card, P.C, 4ox 3G943, Salt Lake City, UT 84730'0943 so that we can update this information. Q. Hcw Can You Limit Sharing Of tnformation About You? ~l'e respect yart privaq+ and offer you choices as to Mahe±her we may share information abcwt you vrith others. Yau have the option to tell us not to share the informaton ~.v~e collect about you, as described in Section 1, with ton-affiliated third parties. You also have the option to te8 us not to share certain information we collect about you: as described in Section 1, :with companies in our corporate family. However, this option. is limited to information about your eligibility for credit obtained from your _t,t_. apptica#ion, such as your income, and from consumer reporting agencies, such as your credit history. if `/ ou indicate a preference for either of these cptiors, please understand tf,at you may not receive cfFen for product and iervices provided by other companies that could help ycu lower your costs, maximize your financial resources or manage your irnances. To indicate your preferences, please tali us at 1-500-223-5202 or.wrlte to us at Discover Card, P,O. Box 309b1, Salt Lake City, f3T 54130-0961. If you have previously notified us about your privacy preferences, it (s not necessary to de so again unless you decide to change • our preferences. Your written request should include your name, a~dress, telephone number and Account number(s) and should rio# be sent with anY other correspondence. In order to process your request, we require trot the request be provided by you directly and not throuyh a third part}! You a+ili need to prcuide us vaith your preferences for each credit card account you ha+re vaith us. You may notify us about your preferences at any time. Your request will remain in effect until ~ ou notify us otherraise. Vl'e avill honor yout request and not share this in~om;ation except as permitted by law. For example, federal law permits us to share in ormation about you with consumer repcr'ang agenaes, sen;ice providers and fihancia! instittions vvith which we have joint marketing agreements. it also permits us to share information about our expenerues and transactions wsth you, such as our Account balance and payment history with us, with other members of cur corporate family. If you are a new Cardmember; t•~e voi!I rot share any information about you, except as permitted.by 1 ova, far thirty days after vac provide this Policy to you in order to give you ar, opportunity to inform us about your preferences. If you are an existing Cardmember, lease understand that you may continue to receive marketing offers directly item ether companies that were already in production prior to the processing of your request. Thais Privary Polity is provided '.a the rirnary Cardmember listed on the Account. However, any lout Cardmember has the right to notify us about preferences and we wdl treat that reyuest as applying to the entire Account. Ode do not share infcrmatian about former customers, ex<e~t as permitted by law. This notification supersedes all previously issued Pnvaef Potties. Vve reserve the right to amend this Prvaty Policy from time to time and we will notify you rf vac do so. This Prlvacv Policy is provided to you by Discover Bank and its subsidiaries, which currently include GTC Insurance Agency, Inc, and Discover Product; lnc, It applies to the family of Discover Cards for consumers and tite products and services offered in cgnnectlon with Y}iose Cards, including the UJzliet Protection card registration service (with the exception of any informa*.ion regiz erect in ccnnedian with the >ervice, which vril! not be shared). it is part cf your Cardmember Agreement and provides a further explanation of howwe collect and share information. You may have other rights under state laws that apply to this information. Picase note that you wih also receive privacy notices far other credit card accounts you have vrith us, as well as other tinanda! products and services provided to you b`+ us and our affiliates. You vain need to indicate your preferences for eac~i of these separately as disclosed in the notice. Vermont Residents -Your state lava requires financia! institutions to obtain your consent prior to shariny u;formation about you vvith others. Except as permiied by lava, we wail not share information t+re tolled about you wrth non-affiliated third parties or companies in our corporate family unless you call us a# 1-60D-DISCOVf-k and authorize us to do so. -t5- f-alifornia Residents -Your s#ate ia`a regattas f'snar;cial in>i+.u:ivr,S ;is obtain your consent prior to shariny infarroatian about you with non- affiliated tfrird parties. `except as permitted b law, vac will not share information we collect about you with non-af~iio•ed third parties while you are a resident of Caiifornia- Your Bi`tling Rights KEEP "T'H15 NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit IIifling Act. 1. Notify lls in Case of Error or Questions About Yeur Ail( if you think your bill is svrcng, or if you need more information abcut a transaction on your bill, carte us on a separate sheet of paper at the address listed an your bill for kotice of Billing frrors.'Nrite to us as socn as possible. We must hear from you no later thon 60 days after vac sent ycu the first bill an which d?e error or problem appeared. You can telephone us, but doing se will not preserve your rights. In your letter, give us the foiibv+ing information: • your name and Account number. . • your dollar amount of the suspected enter. • describe'the error and explain, if you ran, why you believe there is an error. if you need mc; a information, describe the rtem you are not sure about. It you have authorized us to pay your credit card hill automatically frcrn your savings or checking account, you can stop the ~ayrnent en am,+ amount you think is wrong. To stop the payment, your retter must reach us three business days before the automatic payment rs scheduled to occur. 2. Your Right and Our Responsibilities Alter VVe Receive Your Written Notire VVe must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 74 days, we must either correct the error or explain why we believe the bill was correct. After we receive your !otter, we cannot try to collect any amount you question, or report you as delinquent we can continue to bail you ter the amount you question, including finance charges, and we can apply any unpaid amount against your Account credit limit. You do not have *.o pa~+ any questoned amount sa+hile vac are investigating, taut. ycu are stv~i obligated to pay the parts cf }roar biU that are not ;n yuEStion. if we find that eve made a mistake on your bill, you will not have to pay any finance charges related tc any questioned amount, if we didn't make a mistake, you tray have to pay the finance charges, and you vuill have to make up an)+ missed payments cn the questioned -amount. h either cast., vac vvill send you a statement of ti;e amount you o+rre ar:d the date that it is due. If you fail to pay the amount that we think you ovae, vac may report }+ou as delinquent. However, if our explanation does net satisfy you and ycu turtle us veithin ten days telling us that you still refuse to pay, we must tell anyone we report you to ti;at yet; have a question about your bi!I. And, vac must tell you the name of anyone the reported you to. lNe must tell anyone we report ou to that tl~e mat±er h.as been settled betvaeen us when it finally is. ifyta+e don't foilew these rules, we can't collect the first. X50 of the questroned amount, even if your bill vacs correct. - 16- 3. Special Rule For Credit Card Purchases it you have a problem with the quality of goods or serices that you purchased with a credit card, and you tired in Doti faith to correct the problem with the merchant, you may have the right not to pIIy t't;e remaining amount due on the goods or services. T'nere are two limitations on this right: (a) you must have made the purchase in your home state or, if not tvithir. your home state, within 100 miles of your current mailing address; and (b) the purchase price must have been more than X50. These limitations do net apply if we own or operate the merchant, or if we mailed you the advertisement for the goods or services. DESCRlp71QN OF COVERAGE 5CNcDULED AIR TRAVEL ACCIDENT INSURANCE, Discover' Platinum Cardmembers are provided with up to $500,D00 Scheduled Ait Travel Accident* protection. Whenever you use your Discover Platinum Card (the "credit card") to charge your enure Common Carrier Fare Ticket on any Commercial Aircraft operated by a Scheduled Air Carrier under a license for the transportation of passengers for hire (herein called Scheduled Air Carrier), you automatically receive this valuable coverage at no additional Lost. The benefits of the Policy providing your coverage are governed primarily by the law of a state other than Ftonda. *Coverage is urdervvritten by National Union Fire Insurance Company of Pittsburgh, PA (the "Insurance Company"), with offices in New York, NY. Certain limitations and exclusions apply. PLAN FEATURES Benefit Amount: $500 000 Family Aggregate Principal Sum ACCIDENTAL DEATH BENEFITS. Insurance coverage will be equal to the benefit amount for accidental loss of life. The loss must occur within cne year of the accident that caused the Injury. Family Aggregate Principa{ Sum meansthe total amount of.insurance in force on the Cardmember, his or her spouse and their dependent children for any one accident- If more than one Ensured Person dies as the result of the Injuries received in any or;e accident, the Family Aggregate Principal Sum wdl be pro-rated and paid in accordance with the claim payment and benefiaary provisions of the Policy, 6nce the Family Aggregate Principal Sum rs paid far arty one insured Person in a Family that occurs as the result of any one accident, no further benefits are pa}'able for further deaths in that Family due to Injuries received in the same accident. Maximum Accidental Death benefits payable under the Po{icy, if more than one Cardmember suffer. a loss from the same accident, are limited to an aygregate of $20,000,000 for all Cardmembers combined. Any reduction of benefits necessary to comph/ with this limitation will be made on a proportionate basis to each Cardmember up to this aggregate limi*. of liability. As used herein, Cardmember means Cardmember, his or her insured spouse and insured dependent children. This aggregate limit dots not replace or in any way affect the Family Aggregate Pnnapai Sum stated under the Polity. "Injury" means bodily injury: (a) which is sustained as a direct result of an unintended, unanticipated aaident that is external to the body and that occurs ~,vhile the injured person`s coverage under this Policy is in force, and _ p ._ (b} which directh/ (independent of sickness, disease, mental infirmity, bodily infirmity or ary oilier cause) causes a covered Ions. DISAPPEARANCE BENEFITS. Nle :vill presume you suffzred loss of life due to an accident if: you are riding in a Scheduled Air Cartier that is involved in a covered accident and as a result of the accident, the Scheduled Air Carrier is wrecked, sinks, or disappears; and your body is not found within one (1) year of the acadent The total of all benefits payable for you, your spcuee and yyour dependent children frcm the same acadent w;ll not exceed the 550D,OD0 Family Aggregate Principal Sum. ElJGIBILiTY. This automatic irsurance is provided to eligible holders of the credit card whose names appear on the credit card, them spouses and their unmarried dependent children under age 19 (age 23 if attending schccl on a full-time basis and fully dependent on you for support). liovYever, the age limit does not apply to a child who is incapable of self-sustaining emplo}7nent by reason of mental or physical incapacity. EFFECTIVE DATES. Your insurance under this plan is zffedive on ihe.later of: 1} July 1, 2001; or 2) the date you become an eligible person. Your irsurance under this plan will cease on the earlier of: 1) the date the insurance coverage is i~rminated; or 2) on the date you cease io be an eligible hq)der of the u~edit card. THE BENEFICIARY. Unless you designate otherwise svith a beneficiary designation form, your death benefit v;iN k?e paid, in equal shares, to the first surviving class of those that foliaw: (1} year spouse; i2} 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 vrriting to the insurance Company at: Accident & Health Division, 500 VVest Madison Street, Suite 2250, Chccayo, IL 60601. CLAIM PROCEDURE. Claim forms may be obtained through the Insurance Company. Claims for benefits must be filed •,r.•ith the Insurance Company within 90 days or as soon as reasonably possible after the loss occurs. PLAN Of INSURANCE COVERAGE. You, as a Cardmember, and your spouse anal children will be covered against injuries that result in an accidental death while as a passenger in or on, iraudiny getting in or out of, or on or off of, any Scheduled Air Carrier if the Common Career Fare Ticket for the flight was charged to your Uedit card. . Companion tickets issued for free ta~ith the purchase of a full-fare common carrier ticket and used by a spOUSe or dependent drild toil{ be considered as fully charged to the credit card, if the corresponding full Common Carrier Fare Ticket is charged tc the credit card. Coverage is effective ;vhen you board the Scheduled Air Carrier, provided the full Common Carrier Fare Ticket is purchased, or the travel reservation is made for tiro companion tickets, prier to boarding such Scheduled P.ir Carrier. Coverage ends when you alight from ±he Scheduled Air Carrier EXCLU51aN5. Benents are not payable if the loss is caused by or results from: 1) self-inflicted injury or suicidz; Z) sickness, disease, or mental intopacity or bodily infirmity trohether directly or indirectly; 3) infections of arty kind regardless of how contracted, except bacterial infections that are direct{y caused by botulism, ptomaine poisoning or an accidental cut or wound independent and in the absence of any underlying sickness, disease or conditicn indudiny but not limited to diabetes; 4) Committing cr attempting to comma a felon}; 5) war or ad of war, declared cr undeclared; or (6) travel or flight in or on any vehicle used for aerial navigation, as a pilot, operztor nr cre•.v member. -1II- LIh1ITAT10NS. Benefis will only be payable under one Cardmember account, the aedit Card under which the Common Carrier Fare Tckets were {ally charged. Benefits are not payable fnr losses due to injury sustained vahile on a trip far which the tickets were purchased with a frequent flyer voucher. Complete provisions pertaining to this plan of insurance are contained in Policy lf9029072 issued by National Uninn Fire Insurnce Company of Pittsburgh, PA with offices in New York, NY The premium far this insurance is aid by Discover Financial Services LLC, out of income derived from itr credit Cara operations. Please read this Description of Coverage. Keep it in a safe place with your other insurance documents. This Desttiption of Cavera~e (Form Number 53G365DOC) is net a Contract of insurance but is limp y an informative statement to earth eligible individual of the principal provisions of the insurance while in of#ect. 1f a conflict exists betv~een a statement in this Descript on of Coverage and any provisions in the Policy, the Policy will govern. Claims administered by: A&H Claims Depatment, P.0. Box 15701, 4~Irningtan, DE 19850-5701, (800) 55t-0824. SECONDARY RENTAL CAR COLLISION COVERAGE PROVID`cD TO DISCOVER PLATINUM CARDMEMBERS DESCRIPTION OF COVERAGE. COVERAGE DESCRIPTIOP7: • Secondary Rental Car Collision Coverage will reimburse You or the Rental Agency for Covered Damages as a result of Collision Damage on an excess basis (over and above any amount due from any other valid and collectible insurancz or any other form of reimbursement payable by those responsible for the lass) orr a seconder! basis. Covered Damages are those amounts, up to $25,000 per incident, on claims for Collision Damage to the Rented Automobile for which You or any authorized driver is legally responsible to the Rental Agency. in no event evill VJe be liable beyond the amounts actually paid b~ either Yau or the Rental Agency. Reunbursement will be on an Aaua~Cash Value basis. • From the amount of reimbursement due, the amount of any valid and collectible insurance, or the sum of $0 (whichever is greater), shall be deducted. DEFINITIONS; • Actual Cash Value means the cost to repair or replace the P.ented Automobile at the time of Collision Damage, less depreciation. • Collision Damage means the direR and accidental damage tc z Rented Automobile caused by upset ar collision with another object. + Eligible Card means the Discover Platinum credit card. • loss of Use means the charges imposed by the Rental Agenq; for which 1"ou are liable, due to Cotiision Damage to the Rented Automobile, for the period of time the vehicle is being repaired. • Rental Agency means a commercial automobile rental company licensed under the taws of the applicable jurisdiction. • P.ented Automohiiemeans afour-wheeled private passenger-type motor vehicle or a mini-van manufactured and designed to transport a maxi- mum of eight passengers and used exclusively to :arty passengers. It must be designed for travel an public roads and rented from a Itcensed Rental Agenty. -19- • lhre, Us and Our means Virginia Surehr Company; !nc ~ You or Your means the eligible Cardholder, hereinafter referrd to as Cardmember, his nr herspouse; and unmarried children. under the age of 19 (or ale 23 if a fail-time student at an aaredited college or unvers'ity). Spouse mdudes domestic partner, 4vhich means a person designated by and listed as a domestic pal=~ner on the zccount of the primary Card.- nrernber, who is at least l8 years of age, and ~.vho during the past 12 months: a) has rc-sided in tFie same household as file pnmary' Card- mernbe.*, and b) has been jointly responsible with the Cardmembu• for each other's financial ohligatioru. FLOW TO GET COVERAGE: • Initiate and pay for the enure rental transaction with Your Eligible Card. I# a coupon or vouchet of any kind is initially applied !award payment of the Rented Automobile, at least-one day of rental muss be charged to Your Eligible Card; and • Decline tfie collisiom/loss damage waiver offered by the Rental Agency; and • You must rent the car in Your aim name and sign the rental car contract Coverage does rot apply if You pay for someone else to rent the car. • it is not necessary for You to ratify Us at the time of rental. WHO 1S COVERED: ^ You WHERE YOU'RE COVERED: • Coverage is available in the fifty (50) United Slates of America and Canada. Coverage is not applicable ~.vhere precluded by law or in violation of the territory terms of the rental agreement or prohibited by individual merchants. PER10D OF COVERAGE: • Coverage begins when You pick up the car and ends when'rou turn it in to the Rental Agency- • The period of coverage shall not exceed thirty-one (31) consecutive days. EXCLUDED REN1;fiLVEHiCLE: • Trucks; recreational vehicles; campers; pickup trucks; minibuses; fuR-size vans mounted on truck chassis; vehicles manufactured to seat more than eight octupans; vehicles vthen used to tarry, haul or transport any h/pe of cargo or property; off-road vehicles; trailers; motorbikes; rnotorrydes; and moYar scooters; antique motor vehicles (which means vehicles over 25 years old or any vehicle which has not been manufactured far 10 yeaa er more); limousines; high-value motor vehicles (those whose replacement value exceeds $50,000); iGnited-edition motor vehids (which are high-value, exotic, high-performance or collector-t`Jpe vehicles}; special-interest or exotic cars (including Aston Martin, Bentley, Brtklin, Daimler, DeLorean, Excalibu , Ferrari, Jeruen, Lamborghini, Lotus, 1,4aserati, Porsche, Rots Royce or similar vehicles, selected models of Bb1W, Mercedes-Benz, Cadillac, and Lincoln}. WHAT iS NOT COVERED: • Coverage is not all-inclusive, which means, it does not cover such things as personal injury, personal liabilit'J, or personal property. in other words, it does not cover You for damage to someone else's vehicle, or propert~~ Your properly or personal property inside the vehicle. It does not cover You for ary injury to any party. -Za- • Losses resulting from any dishonest, fraudulent cr criminal act • Loss resulting from forgery. > Lass that ocrurs vvhile You are in violation of the Rental Agreement • Loss due to driving while intoxicated (as defined by the laws of the. jurisdiction where the loss occurred), or under the influence of any narcotic unless prescribed by a physician, reckless driving, ar duA to contraband or illegal activities. > intentianal loss or damage. • Loss resulting from hostility of any kind (including declared war, undeclared veer, invasion, rebellion, riot, civil commotion, or insurrection) or confiscation by authorities. > Lass due to nuclear reaction or rad!aactive contamination. • Loss as a result of hail, lightning, flood, earthquake, windstorm, water, ur other weather-related causes. • Loss resulting from falling objectr, flre, theft or larceny, explasion, malicious mischief or vandalism. • Loss or theft of persona! belongings. > Loss caused by someone other than You. • Loss due to wear and tear, uradual depreciation, freezing, mechanica(er electrical breakdown or failure. • BlotJOUts and fire damage unless the loss is coincident with a covered loss. • Depreciatian, administrative, Loss of Use, or other fees charged by the Rental Agenry. • A single rentalkontrad of more than thirty~ne (3i) consecutive days. • back-to-back rentals for more than thirty-one (31) consecutive days (a back-to-back rental is bnro ar mare rentals of the same or different vehicles within the same city, with the first ending and next beginning within a 24-hour periodj. • Leases or mini-leases. • Expenses assumed, waived, or paid by the Rental Agenry or its insurer. • Any obligation You assume under any agreement (other than the standard rental car agreementj. • Loss resulting from an authorized driver's lack of reasonable care in (rrotecting the Rented P,utomobile before or after the loss occurs mduding, but not Irmited to, mysterious disappearance of the rental car keys, leaving the rental car runrnng while unattended, etc. • Damaye sustained on any road not regularly maintained by a municipal, state, or federal entity. • Loss or damage resulting fram use of vehicles unlicensed for road use- • Expenses reimbursed by your insurer, employer, or employer's insurer. • Loss resulting from use of the Rented Automobile in tests, races, or contests. • Loss resulting from use of the Rented Automobile to carry passengers and propertf for hire. = Lasses occurring in states or countries where prohibited by law. > Losses not reported within the time period provided, as stipulated in the claim procedure. • Coverage will not pa far, or duplicate, the collisionlloss damage waiver offered by the Rental Agency. - 2t - HO~V TD FILE A CLAItLi: • After Co!iision Damage o~-curs, You must contact the administrator, C.on Innovative Solutions, P.O. Bax 220, Golden, CO 80402, so coverage can he verified and a claim form sent to You. Yeu must report any Collision Camage within 45 days of the incident, ar LVe will not he able to honor Yaur claim. • Report within 24 hours any damage or loss to tfie appropriate official representative, including the ponce and Rental Agency. • Complete and sign the claim form and attach all appropriate documentation, indudiny a copy of: > The acrcunt statement shouting the Rental Agency transactiay; and • The automabile rental agreement (front and back); and • The police report; and The initizl claim report submitted to the automobile Rental :~yency; and • The paid claim };reseraed by The Rentz! Agency for the Collision Damage fdr svhidt Ycu are responsible; and > Proof of submission of t1:e loss to and the results of any settlement or denial by tt!e appfcabie insurance carrier(s); and • If no other insurance is applicable, a notarized statement frm Yau to that effect; and e • Any other doarmentation'vV? may request. • 8e sure to submit all above required doa;m€ntation to the adrniri:trator v:ithin 180 davs cf the incident, or as soon as reasonably possible, or the claim will not~be honored. • it is a condition of this coverage that Yeu, as aften as maybe reasonably required by Us, +,ri4 submit, and within Your povver cause others to submit, to examinations under Bath and will produce for exarninaticn al! tvritinys, books of accaunt, bias, invoices and vouchers; ar certified capicK khereo#, at such reasonalle lime and plate as VJe may designate and wil'> permit extracts and copies thereof to be made. > !f payment is made under the Secondary Rental. Car Collision Coverage, We are entitled to recover such amounts tram other parties ar persons. Any party or person to ar for v:hom Lire make payment must transfer to Us his or Iter rights to recovery against any other party or person. You must do everything necessary to secure these rights and must do nothing that would jeopardize them, o: these riyhts will be recovered from You. However, We will not require reimbursement against Your persona! insurance carrier, but You agree to repay Us for any reimbursement, up to the amount of any recovery from Your personal insurance carrier. FOR 1vEbV YORK RESIDEIJTS: Tire amounts of insurance set forth in this seRicn are the maximum aliovaed by !•dew York !av:. Adua! amar:nts of insurance may be !Duvet under the cw'e!age: • Seconda~r Rents! Car Collision Coverage will reimburse You or the Renfal Agency ;ar Cocrerecs Damages as a rewlt of Collision Darnzge an zr, excess basis (over and zbove any amount due fram any other valid and coliedibie insuranr er any ether form of reimbunemert payable b;: those rsponsible for the lass) except when the Rented Automobile is used outside the United States, its territories and possessions, ar when the Eligible Card was issued to'rou as an employee of an crganizatien which has provided the Eligible Card for business use, ir: which case coverage is primary. _7~_ `<~'S.s`;1:7;?i f ~`w.^,iki! Ewf r~C,11iSeEn t,k~i.'eiog$ r5 ~s~ 6r,`:•;ra:`:$ IirGYf.:r~3. Reminder: R(ea3e rifer to it:e lnsuranc. uisctosurzs secficn. LIJYV ~ti JM1) insurance r7isdosure;: Seccrdary Rertt2l Car Ccllision Coverage i, Yr~vided under a master p_cli~,r of insurance issued by Virginia 5urerrr Company, Inc. [ttcrein rzferr~J teas Company), All information in this Cescription er Coverage (DOC) aboit these benefrt5 is subject to the terms and conditions of ti'e rr,aster policy. Coverage under Secondary Rental Car Collision Ca:erage is effective July t, 2CCt. Insurance benefits are provided to Cardmambor aapuntholders (indiv'ld~.!als ~rrho have an open and ;dive Giu::ver platinum credit card account) free of charge alto enrollment is automatic,. This DEC replaces ail prior` GOC's, program desaipticns, advertissr.~ ardlcr brcchura5 by any party. t?'e reserve the right fe change t'r~e i;er?FTrts aria features of ail these programs. Discover financial Services tL~', yr the Cor:;pauy tin car:cel or choose not to rencvo the Insurancz ceverhges for ail Insu;>r>js. if tfris happens, ~isecwer fi~ar,eia! Services LLC, will not!;y the Cartirruraber acceursthc!derat Bast 30 days in advance of the expirtion cf the pciiy Gr as permitted by law. Such notices need not be eiven if sub ~antially similar replacement coverage takes effect v~ithout int~rrupp~ion and is provided i>y the :arse insurer. lnsurarce benefits ;vill still apply io car rentals commenced prior to the date of such cancellation cr ncn-rerzv,ral, provided all other terms and conditivns of coverage are met. Thz uts:rrance benefit applies to you, the Irnured, ;aitese cards are issued by L.S. fiirancial institutions. These heneflu do not apply it ycur ~!igibie Card privileges have been suspended or cancelled. 4vwever, insurance benefits will still apply to ear rentah commenced privr tc the date that Your Eligible Card account is suspended or cancelled provided all ether terms grid conditivns of coveraye are ;rot. All parties are expected to exercise due diligence and prudentjudgement Yo avoid cr diminish any loss to the property rnsured under this proggram. Covzrag~ will be void if, a; any time, the Cardmember has concealed or misrepresented any material fact ar circumstance cencerning this coverage or the subject thereof or the Cardmcmcer's interext herein, yr in the case of arty fraud yr false svra_aring by the Insured relating thereto. fide person yr emir! other than the Cardmember shall have any legal or equitable right, remedy, or claim for insurance procezds and/or darnagzs udder or arsrng out of this coverage. Savage may be requested by the administrator- If salvage is requested, it must be remitted to the administrator at the Cardmerrber`s expensa. failure in remit requested salvage may result in denial of the claim. f~lo action at law er in equity shall f:e brought iv reccvzr vn this coverage prior to the expiration of GQ days after prccf of foss has been furnished in aavrdanee arilh the requirements of iris GOC- ID (31t1C) .~~. CARD ! Y~~~ ~~~~~~~~ ~~ C~l;DivtEfV!l~Eft 1i~A~ENit:M" ........ . .. . .....Pages 7-7Z The termF and eanditians of your Account, iryctwdinc~ how we caleuiate finance enarges, our feces and an Arbitration of plsputes section, You have the right tr, reject the arbitration prouision tvlrh respect to your new Account within 30 days after receiving your Card, as explained !n the "Right to ttejeEt Ar6itr~tion" section ~zt page T i. RitlVi-SCY t~LICY .............. . ......... ~Jfj~'S 7.~-7fi A surnfYtary of the persona[ information we eoltert, .vhen it may oe shared with others end how we safeguard the confidentiality and security ryf infarrnartion. You nay limit c~rlr sharing of suc!'r intorn~atian v~~h offers. B!El,l~iC; ~tG!-fT5 ...... . .. . . ..... . ..... .. N~t,+,~os f6-~Y7 • tn•~partant infonr~ation about yaur rights and our responsibilities underthc Fair Gredi*. Billing Ak-t. ' DES~R1PTIt~N OF COVFttA~E .. . .... . ... . ... Fayes 17 2~ The terl~s and conditian5 of the Scheduled AIr Trzve! Acddent Insurance and the 5eeondary~liental Car Collision Coverage that is provided aL no charge to you when you use your Card to purchase airline tickets ar rent an uutomabiie, i GLOBAL Tt2AVELER'S HGTLtI~2E ....... . .... . ... . .Page ~'~ The terms and conditions of thi; free travel azsistance '• 4cnefit. } ".,~~p07 Glecavar n„t~k, t~et~ber 1=~1C: tUOr#AC~rt.6?,f}~~16 AFR-?1-2Q07 22:20 CARQiI(~E-~J~BE~t A~REEI~J~l±N'C Tease Dead this Agreement carefu(ty before using your Discover° Card account. it contains the Perms and conditions of your Account, some of whkh may have changed from earlier materials provide-d to you. (r, the event of any differences, this Agreement s},atl catttrol. We rESpact your privacy. See the Privacy section on page 4 8nd our Privacy Paticy for eddltlonal inforrnat[on. 'Fhe Arbitration of Disputes section on.pffg9 10 includes a Wraivgr at a namber of rights, including the d ht to a Iury tfaL ihz P.ightta Reject Arbitration sec6arti on paga 97 describes the procedure you must follow,f ypu desire to reject the Arb~tratlan df Disputes section. DEFINlT10N5 ................................................. 2 U5lNG YOUR ACCOUNT .. ..... . .. .............. . . . .. . ..... 2 Your Acceptance of this Agreement . . .. . . . . . ................. 2 Permitted Uses of Your Account .............................. Prohibited Uses of Yoor Account ...... . . . . ...... . . ......... . . r Purchases and Cash advancesin Foreign Currencies ............. 3 Balance Transfers ,....,... .............................. 3 Credit Authorizations ...... . ..... . ........... . . ........... 3 Authorized User; ....... ... ... ....... ................. ~ Unaiathpr(zed Use ........ ............................ .... 3 YaurCredFtLines ... .......... ... ........................ 4 tvti~K(NG PAYh'iENT$ ....... . ....... . ................. . . . ...... 4 Promi3eto Pay .... ........ ........................ 4 ManUtly f3ilting Statement .... . . . ......................... N7onthP~ Payment Options . .. . .. . . ........ . .. . ............. 4 Haw V+~o aPPiY Payments ... .... . .... . ................. , . , ... 4 Minimum Monthly Payment ... . . .. . ... . ..................... 5 8kipa•Payment Gffers ....... . .. . ............ .. . .......... S t,-edit Ba ances ...................................... ... S FIr>laNCE CHARGES ... ........ . ..... . .. .. 5 HowVVe Calculate Periodic Finance Chargs .. . .... . . ... . ....... . 5 how VJe Calculate YourBalances .............•.,..........,.. 6 The T+.vo•Cyde Average Daily Qalance Method .. . . . ... . . . .... . .. 6 Variable orFixedlnterest Rates .. ........................... B Default Rates .............................................. G Cash Advance Transaction Fee Finance Charges ..... .... ..... 7 color:ce Transfer Transaction Fee Finance Charges..... • • .. • ... , 7 Minimum Finance Charge ............................,..,.,. 7 F~E~ ate FEe. • ...........................~.,._.........;., 7 Overlimitree.. ............ ................... ....7 Returned Payment Fee ............................... ...... ~ Rotumod DisccverCard Check Fee .........................,.. 8 Pay-6y!'hone Fce ..........................................C Research Fee. ........... ........... ....... B DEFAUl.7 AND CAtJCELLA7lON ..... . . . . .. . .... . ..... . . . ......... 8 7 ~ of Default ... .. ................. ..... ....... ..8 Cyonseqquente4of Default ................................... 8 CTncellation., ~ .................E~ ,......, PRIVACY AND OUR CGMh9UNICATIONS V~4TH YOU ...... . ..... . ..... 9 bur Privacy Poliof . .................. . ...... 9 Reporting to Credit Reporting Agencies ... . .... . ... . .......... 9 Our Communications with You ...... . ......... . .............. 9 Releasing Infcm:atian Aiwut Your Account .......... . . ..... . .. 5 Elearonlc Notices to You. .. ....... . .. . ... . ... 9 Changge of Address or Telephone Nur,ber ......... . ...... . .. . . 9 CCAIMSANDD15PU7kS ....... .... ................... .. ...9 -1- F,OQ7 APR-11-2007 22:20 Merchant b)spates ................ ..........................9 Claim Notices .......................... .. i0 Arbitration of Disputes ..... ..............................:.10 Right to Rejec# Arbitr8tion ............. ...... 11 .. LEGAL INTERPRETA71v^N OF 7}?15 AGREEMENT .................. . ..12 5everability ..................... .......................12 Compliance with interest Rate Limitatiolu .......... . ..........12 Governing Law ........................................... 12 A551GNMENT OF ACCOUNT .. ................ .12 CHANGES 7Ct THiS AGREEMENT ................. . ~ ~ , .. , .. , , ... , , f 2 ZSEFlNtttONS "Account means your Discover Card Account. °Authorized User` means any person whom you authorize to use your Actount er a Card, whether you notif`j us or not. "Card' means any one or more Discover Cards issued to you ar someone else with yyour authorization, "Pricing 5chedute" means~the document accompanying your Card and iis',in file Finance Charge rates that apply to your Account. The Priang Schedule is part of this A^reement. "We,' "us" and "ouY' refer to Discover Bank, the issuer of your Discover Card "You," "your" or ~you~' refer to, in addition to you, the Cardrnember, any other person or persons who are also contractually liable under th,s Agreement. UStNts YDUR ACC6UNr Your Acceptance of this Agreement rile use ofyaur Account or a Card by you or do Authorized User, or your failure to Wncel your Account within 36 days after receiving a Card, means you acceptthis Agreement, including the Arbitration of Disputes section on pa~e t4. Yau may, however, reject the Arbitration of Disputes section as exp,ained an page 11. Pemtitted uses of Your Acaunt Your Account may be used far: • Purchases - to purchase or lease goods or services from participating merchants by preserrt~ng your Card or Account number or by using promotional checks, which we may furnish to you, in accorciancc with such additional terms and conditions as we may offer from timeto timz, • Cash Advances- to obtain cash advances from parti6paGng automated teller machines, financial institutions or other locations, the purchase of lottery tickets, racetrack wagers, vouchers redeemable for cosh nr fior casino chips, money orders, traveler`s checks, savings bonds, foreign currency, and wire transfers, or by means of checkswhich we mayfurnish to you, al! in accordance with such additional terms and conditions aswe may offer cram time to time. • Balance Transfers -to transfer hatances from other creditors or to make other transactions b means cf balant;e transfer coupons or diodes in accordance vrith such additional terms and conditions as we may offer from time 20 time. In addition, your Account maybe used to guarantee reservations at partic- ipating establishmentz. You will !7a liable ter guaranteed reservations that are not cancelled prior to the time specified by the establishment Your Account may be used for personal, Tamil}; household and charitable purposes, Prohibited Uses of Your Account Your Actount may not ire used to obtain loans to purchase, carry artrade insecurities, to pay any amount rou owe under tars Agreemen*, orfor any transactions that are unlavrfvl were you ..~_ P.003 reside or where you are physically locateU vrhen you use the Account to initiate the transaction {"Prohibited Transactions°). Purchases and Cash kdd;rarces in rrreign Currencies. We convert purchases and cash advances made in a foreign currency to US. dollars, We use bie conversion rate u.,ed by Discover Ner~rork tp ppro:c~s the transaction in accordance Gvith Discover Network'; procedures. Currentlyy, Discover Network uses agovernment-mand-etnd rate, a yovemment•published rate or the interbank exchanye rats depending on the country and currency. Regardless of source, the rate wed will be the rate in effect an the date Discover Netavork ~roeesses the traruzdion or the prior bwiness day, dependingg an the trine received. Transactions in China err converted at a rate m eftect on the date of the trartsactian, Balance Transfers. We may periddically offer you the opportunity to make balance transfersfrom other cresliiors orto make other transactions to your Account by,means of balance transfer coopers or check:. Each offer rvili contain an rnrtla! speaal rate, tjrhich will be the Annual Fercentage Rate that will apply to transferred balances far the time period specified in the offer, sub11'ed to the Dcbautt Rata section and may cania.ln a Balance Transfer Transaction Fee Finance Charge for each balance transfer made during the term of the offer, as disclosed m the offer and as sat faith in the Pricing Schedule, if applicable. iter the e,~iration of this time p~r:ud, the Annual Percentage Rate that ap~lies fcr purchases will apply to transferred balances. Ba(ance transfers subject *.o the initial sppeevial rate are referred to as spacial rate balance transfers; balance transfers for which the initial special rate has expired era referred bo as purchase rate balance transfers. i:ath offer will contain an Krpiration date. If you attempt to trader balances by means of a check after the ex iration date, we will treat the transaction as a cash adva,ic~. We wiA not make balance transfers attempted by means of a coup n aster the expiration date. Credit Authorizations. Certain ~nsadions vrill require our a.rtiiorization prior to completion. In som casts, ycu may be asked to provide identification. We have the nigh not to authorize a transaction forsecurity or other reasons. Also, (f our authorization system r net working, vre may not be able to authorize a transactian.'Ne will not be liable to you if any of tfiese events happy. Authodzed Users. tf you wa t to cancel the authority of a current Authorized User to u>e your Akcaunt or a lard, you must notif ~ us and destroy any Card in that poison's possession. You Gin natf`y us by telephoning 7-$44•t7t5COVER (t-844-347-2683), or by writir~xy~' bISCOV>:it. CAftt7, PO Box30943, Salt lake Cit}; Utvh $4130-0943. None atyour rights underthis Agreement (otherthan to payamounis awed) may ~ exerased by any person not a party tV this Agreement acting pursuart to a power of attorney, without our separate written agreement (which we are not obligated to give). Unauthorized Use. Prior to its use, each Card must be siggned by the person to whom it is issued. If a Card is lost or stolen, ar;f you think,that someone is using your Account or a Card without your permisston, notify us immediately. You can notify us by telephoning t-800-DISCOVER {1-B~ 34~-"1G83), or by writing pISC UER CARD, PO Box 30943, Salt Lake Gty, Utah 84130-0943. You agree tolassist us in determining the facts relating to any theft orpossible unauthorized use of your Actount or a Card and to comply with such procedures;as we may requrre in connection with our investigation. If ou have enrojled in an automatic billing arranyernent, such as a monthly gym memhetship, and wish to continue the automatic billing arrangement, you must provide this merdiarr± with your nevr Account number.. _3_ RPR-11-2007 22:2,0 Your Grdlt linos. Wa will advise you of your Account aedit line. We r~tay i;rpQse a (over line that wall apply to cash advances, referred to as the cash advartre credit line, We may also Impose a !av/er line that will apply to kalance transfers, referred to as the balance transfer credit line. You agree not to allo>Fr your unpaid balance, including Fnance Charges and fees, to exceed your Account credit line. if you exceed your Account credit line, we may request immediate payment cf the amount by which you exceed your Account credit line. We may ino~ease or decrease your Account credit line, your msh advance credit hoe or your balance transfer credit line without notice. The credit available for your use may, from time to time, be less than your account coedit line, For purposes of determining your available credit we reserve the right to postpone for up to t5 business days reducing your unpaid balances by the amount of any payment that we rece'ae. Your available credit will not be Inveased by ti,e amount of any rmdlt balance. MAKING PAYMENT5 Promise to Pay. You agree to pay us in U.S. dollars for all purchases, cash advances and balance transfers indudirg applic~,b(e Finance Cf,arges and other charges arfets, incurred by you or anyone you authorize or permit to use yourAccaunt or a Card, even if you do not notify us that others are using your Account or a Card; If you pay us in other than U.S. dollars, we may refr,~se to accept the- paymerrt or charge your Account our cost to convert your payment to U.5. dollars, All checks must be drawn on funds on deposit in •khe US, You may not use a cash advance check, balance transfer check or coupon, ~or any other promotional rhea: drawn on any Discover Bank credit Ord account to make payments on your Account (f our Account is a joint Account,, each of you agrees to be liable individually and jointlyfor the entif~ amount owed on your Ao:ounT. Wa ran accept late payments or partial payments or checks end money orders rrrarked °paymerrt ,n full" or vii an other restrictive endorsement wftltout losing any of our rights under this Agreement. t•Aontfily Billing Statement vtre will send you a blliny statement after each moi7thly billing period In which you_have a debt or credit balance, unless 4ve waive our right to do so aS permitted by law.'I)re billing statement will show all purchases, cash advances, balancr transfers, finance Charges and other charges or fees and all paYrnents ar other credi~ posted to. your Auount during the billing period. !t will show your New Balance, tvlinimum paymeia Due and Payment Due Date. Monthly payment pinions. 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 payment Due. All payments must be made in accordance with the terms, including the payment cutoff time, stated on your mont}~ly billing statement, and we 4vill credit yourAcmunt In acwrd- ance with those terms. In addition,, we reserve the right to change those terms without prior notice as permitted bylaw, Flow Wrr Apply Payment;, 4Ve v<dU apply payments and riediti to the New Balance shown on your current billing statement in order of tfte Annual Percentage Rate applicable to the balance of oath transaction category (as referenced in the Finance Charges section), • generally from lowest to highest beginning with the balance subject to the lo>vest Annual Per• tentage Rate. We then a ply payment: and a,,~dits to any newtansactlons usingg he same method. However, we have the right to apply paymen# and credits fo balances with higher Annual Percentagge kates prior to balances vrith lower Annual Percentage Rates, such as ta-hen there are two initial special rates applicable to your Account and the laver Annual Percentage -4.- Rate will expire before the higher Annual pcrcentagc Rate. Minimum Monthly Payment. Tha tvtinimur~+ Payment Due each month will be the greater af: • the New Balance if it (s less than 515; • $15 if the New Balance Is s l g cr more; or any past due amount plus the greater ot: • Z°~ of the New Balance (excluding ct{rrent Periodi: Flnance Chargei, [ate and bverlimit Fees) rounded up ~o the nearest dollar or ° current Periodic Finance Charges plus Late and Clverlimit Fees plus $15 {net to exceed 3% of tt,e btev~ Balance) roundod up to the nearest dollar. We may also include some ar all the amo tit by which yyou exceed your Account credit line. lh'e mar subttatt te~in few to rlculate the Min(• mum Payment Due. The Minimum Payment Due will never exceed the New Balance. Paying the Minimum Payment Due may be insufficient to bring your Account balance below your Account credit line and, consequently, may not avoid the imposit,ory of an additional Crverlimit Fee described in the bverlimit Fee section. I 5kip~a:Pr,ymant offer. We may from timefto tune allow you to oat make a minimum monthly payment and will n tify you when this option is available, If you take advantage of this offer and da not make a minimum monthly payment, finance charges and any applicable feces will accrue on your Account in accordance with this Agreement and you must pay the Minimum Payment Due for the followiny billing periods. Credit Balances. We will refund any credit~balance wP,hfn seven business days from receipt of your vrritten request. If you do oat m uest a refund, we v~nll automatically refund credit balances greater than ~t that remain in your Account after 6 months. ~ FINANCE CHARGES Haw We Cala,latd Periodic Finance lira.-gel. Periodic Finance Charges arE imposed on all trarsactivns from the date t etransaction is posted to your Aaaunt until the date you. pay your en 're New Balance, by making payments,ar receiving credits. However, if you paid the Ncw Balance on your previous billing s".atement by the Pay ent Due Date shown an that statement and you pay the New Balance by he Payment Due Uate an your current billing statement, we will not impo. Pengdic Flnance Charges on new purchases, that is, purchases first appearing an the current statement, We call this the `'orate period." There i na grace period on balance transfers or rash advances. We sort your transa~ons into groups of purchases, cash advances and balanae transfers and then further sort the transactions within r;ach r~roup by their Annual Percentage Gate. For example, purdhases subject to a promotional rate and purchases subject to a standard rate would be separate grovepss We refertbtt,ese groups a~ transaction catenaries. Atthe end of each billin period, we compute balances and Periodic Flnance Charges for each day of the billing period~for each transaction category. we use the follovring equation to compute periodic Flnance Charges for each frarsaction category Average Daily Balance x days in billing ~eriad x Daily periodic Rate. (You may refer to the finanu: charge sumfiar!! on your 4(Iling statement forthfv,~ a,rtaurtts.) Then we add up the Pa~,odic Finance Charges for each transadlon category #o get the total Periodic Finance Charges far your account. 'the Avenge body Balance is shovrn as zero if, because of the grove period, na Penodic•Finance Charges apply to the balance in a trans- actian category- -5- I P.eo4 APR-11-2007 22:20 Hew We Caiculate Your Balances. Wz compute the Average Daily Balance fix Bch transaction category by adding u~ a(I the daily balances in a bdlln period for a transaction category and divrding the total by the number of days in the billing cycle. We compute the daily balance ivr each transaction category on each day 6y first adding the following to the previous day's daily balance; ualuattrons made that day, fees charged that day and Periodic Finance Charges accrued on the previous day's daily balance; and by then subuaeting any credits and paymenu that are aPplred against the balance•of the CransaCElon category on that day. In calculating the daily balance far the previous billing period, we consider the "previous days daily balance" to have been zero on the first day of the .billing pe;rod, If a transaction is posted to your Account after the dose of the billing period in which it occurs, ode will treat the transaction as having occurred on the first day of the billing period in which a is pasted to your Account. A!I fees charged to your Account are added to the standard purchase transaction category went {lie exception of Cash Advance Transaction Fee Finance Charges whit}t are added to the applicable cash advance trans- action category and Galante Transfer Transaction Fee Finance Charges which are added to the appliable balance transfer transaction category. When the special rate expires, we move the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges to the standard purchase transaction category, However, if the spedal rate has been terminated under the Default Rates section, we leave the unpaid balance'of the balance transfer and the Balance Transfer Transaction Fee Finance Charrgges in the a pliable balance transfer transaction category unfit the spedal rate wou~d have expired. Tf+e 'ilvo-C}rde Averar a Daily eaiance Method. We use the: two•cyde average. daely batance~induding new transactiats} method of calculating the balance upon which ode impose Periodic Finance Charges, This means if you did not pay the New Balance Shawn on the billing statement you received during the previous billing period by the Payment Due Date shown on that statement; we will impose Periodic Finance Charges on new purchases that first appealed or, that biiling statement, as well as new purchases that first appear on the current billing statement, unless wr° already irrrposad Penodic~Finance Charges on the purchases on your previous br hag statement, Vnriabie or Fixed Intgrrrs! Rates. The Daily Periodic Gate and carresponding Annual Percentage Rate that apply to each transaction categoryry are either fixed rates or varable rates az set fodh in your Pricing schedule or in any special offers you receive from use The Daily Periodic Kate is t/365th of the carresponding Annual Percentage Pate, Variable AMual Percentage Rates are determined by adding a specified number of percentage points to the Prime Rate. This is shown on the Pridng Schedule as "Prime + (percentage pclnts},^ For purposes of this Agreemerrft the.Prime Rate is if~e highes# rate of interest tilted as the "prime rate" in the WlanCy Rates section of 7rie wall Street Journal on the last business day of the month, The Prime Rate is merely a pricing index and does not represent the lowest or best interest rate avarlablrx to •a borrower at any bank at any given time. If you have a variable rate, your Annual Percentage Rate will increase ar crerrease when the Prime Rate changes. This change will be effetfive beginning with the first day of the billing period that begins during the same month as t}re change in the Prime kate. An increase in the Annual Percentage Rate may increase your Mln1mum Payment Due. Default Rates. Each time you do hat make a required payment on time, we will increase the standard ANNUAL PERCENTAGE RATES far purchases and Cash advances to fixed rates, up to a maximum cf 28.99'/0 (the "Default -6- P.006 Ratrs"). Any sdedal rates on purchases ar balance transfers will end and the Default Rate for purd,ases Fvei( apply. `Jtire will base your Default Rates on factors such as: • yourcurrentpurchase APR "your payment history with us • your payment history with other lenders Any mueased rate and change in type will apply beginning with the fist day of the billing period In which we did not receive at lean the Minimum Payment Due by the Payment Due Datr;. If your standard Annual Percent- ageRate for purchases was increased urtderthis or any previolG version of the Default Rates section and, far any nine consea,tive billing periods you pay at least the Minimum Payment Duey if any; by the Payment Due bate, then yourAnnual Percentage Rate fory~ur new purchases will be reduced and your Annual Percentage Raie for your existing purchase balance may be reduced. Any reduced Annual Percentage Rates will apply beginning with the first day of your tenth billing period. Cash AdvanceTran$a~ion Fee Finance Charges, Unless othenvisespecified in a e-ash advance offer, we wil I charge you a Cash P.cfvance Transaction Fee Finance Charge of 3% of the amount of each new cash advance with a minimum Cash Advance Transaction Feb FINANCE CHARGE of $5 and na maximum. The imposition of Cash ddvance 7ransadion Fee Fnanc~ Charges may result in an Annual Percentage Rate for cash advances that is higher than the nominal Annual Percentage Rate. All forms of cash advances, including the use of DiscovrSr Card checks, regardle~ of the purpose for which used, ate'suhject to Cash Advance Transaction Fee finance Charges. To obtain the total Flriance Charge on cash advances for eadr 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 eady cash advance transaction ategory~and add up these amounts. Balance Traresfar Transaction Fee F'manCe Cltorges. If the balance transfer offer you receive contains a Balance Transfer Transaction Fee Finance Charge, we will charge you a BalancelTransfer Transaction Fee Finance Charge for the amount of each balance transfer made under that offer. Ifi there is a Balance Transfer Transaction Fee F;nance Charge in conjunction with the offeryou received when you applied for an Account, it well be in the amount set forth in the Pricing Sdtedule. The imposition of Balance Transfer Transaction Fee Finance Chi4rgr.~s may result in an Anm,al Percentage Rate for balance transfer IIthat is higher than the nominal Annual Percentage Rate. To obtain theltotal Finance Chargge an balance transfers for each billing period, we add any Balance Transfer Transaction fee Finance Charges calculated under th' Periodic Finance Changes section for each balance transfertransaction ar~egory and add up these amounts. Minimum Finance Charge. we will charge you a minimum FNANCE CHARGE of $.5G gar any billing period in which same FINANCE CHARGE of lessthan $SO would otherwise be imposed. FEES ~ •t•ate Fee. VJe will charge you a Late Fee if you have tailed, as 6f the Payment Due Date, to makethe Minimum Payment Due that was required to be paid for that billing period. The aynount otthe late Fee s based on the sum of all outsiandrng purchases, cash advances, balance transfers, other charggtn, other fees and Finance Charles at the end of that billingg period, If ttie sum is equal to or Tess than $,oq, the Late Fee is $15 and if the sum is greaterthan 6500, the Late Fee is $39. gverlimit Fee. We will thar~e you an CWer}imft Fe-e each time that as of ~4r ~u:E•i)Uri€' E+£dit Iin6, }IiiS foe rrioy Flu' ril9pra0it S:lrtii li tits u•an58~~iCin nici~I GaUSCs you tv exit.-ed yr5ur Aetaum credl line is authorized by us or yeu exceed your Account Grr~dit line due to the posting of Finanve urges or fees to your Account. The amounf of the Overitmit Feels based i th2 surn of all outstanding purchases, msh advances, balance transfers, :her charges, otFier fees and Finance Charges at the end of the biltin~ 3riad. If a sum is equal to ar le<sthan $500 and you exceed your credit ie, the Overiimit Fee rs 515. 1f the sum is greater than 5500 and you :teed your credit line, file Ovetiimit Feels X3'3. a c.,med payment Fac.1Ne will charge you a Returned Payment Fee of S35 3ch time you pay us with a check ar' other instrvrnPnt that Is ra*.urned paid. Ths fee vriR also apply if a debit transaction to a d8posit account om which you have authorized us in writing, electronically cr orally to eriadicaHy deduct all cr a part of an amount you awe us render this greement rs returned unpaid. VJe will cFrarge you this ice the first time ~y payment is returned unpaid, even if it is paid upon resubmission. eturned Discover Card G1serJc F®e. We will Charge you a Returned iscovcr lard Check Fee of S35 each time we decline to honor a Discover and Cash,advance Check, balance transfer dieck, promotional purchase reek, ar other promotional check. ay-9y-Phone Fee. We Wray from time to time allowyou to make paymenu y auiharizing us over the telephone to'tcans~er or pay funds from a ersasit afrA,int t0 your ACCAVnt We will charge a Payby-Phone Fee of 1'`J for each suds transfer or payment as3arch Foe. We may :barge you a Resean:h Fee of ;.5 for each copy of a filling s~~atement or sales slip that you request.,liawever, we will riot iiarge a lee if you request tepees rrrCOnnectron wtth a trilling error. DEFAULT kND CANCELLATION pt's of Default You are in default if you become insalventy if you file a rnkruptoy petftior. or have onetiled against you; if we have a reasonable ~:fic~f that you are unable or unwilling to repay your obligations to us; if uu are declared Incompetent by'a court or if a court appoints a guardian or you ar a conservator for your assets; if•yau die; if you fail to cornpiy vith the terms of this Rgreement including faiiin~ to make a required ,aymrntwhen due, exceeding your Account credit Irne or using your Card :r ,Maqunt for a Prohibited Transaction; or if you fall to make a required rayrnent whero due on any other aaount you have with us. _nnsequences of DeFault If you are in default we may declare the entire valance of your Account immediately due and payable without notice. if +e refer the collection of yyour Ai:count to an attorney or employ an attvrney to represent us with~regard to recovery cf money that you owe .is, •,ve may charge you reasonable attorneys` fees and Court or other :oiieccion costs as permitted by law and as actually incurred by us, neluding fees and costs in connection with any appeal. V+le may delay :nforcing or not enforce any of our rights under ties Agreement vntltout losing or waiving any of them. .".anecllativn, Yau may Cancel yaurAGCOUnt by notlf,~ng us in :ti~riting ar by telephone End return)ng or destroying every Cc,rd and unused check that we have provided~yau. You can notify us bytelephaning 1300-{)iSCOVErt (1-800-3117-2663), or•bywriting D15CUVER CARD, PO Qox 30`~i3, Salt take City, Utah 64130.0943. (}f Course, you will still ba responsible to pa any amount you owe us according to the terms of this Agreornent. Ifyyour Account is a joint Account, either Cardmember may cancel the Account, but you will both remain responsible to pay any amount owed to us aaording to t}te terms ofthis Agreement, We may cancel or suspend your ..gT Account at any tune withdUt natlc-, We relay v~oosc: r,et to rer=e`+u yyou,• Aaount (beyond the exprratian date shovun on thaface of a Card) >:vitharrt notice. You must velum any Card or unused che~s to us upon request PRNACY AND oUR CO{vitvlU(~1CA71Ot~ 4V1T61 YOU Our Privacy Policy. Wa may from time to time review dour credit, employment and ,ncome retards, We respect *die privay of mfrmation abotrtyou and your Account. Our privacy Foliey i dudes a summary ofthe per<~onal information we collect, when it may b~shared with others, how we safeguard the confidentiality and scarily of !reformation and the steps yav may tHke to limit cur sharing of such rnforrSation wits others. Please read it carefully as it is part of your Cardme:nbe~ Agreement. Reporting to Credit Reporting Agenues. Ax indi led in our Friur,y Pnliry, we may report to credtk reporting agen~res and~other creaditor the status and payment h(story o your Account, including neggative credit information. Late payments, missed payments or Diner dafauits vn your AccountmayberefleCtedmyourve rtreporkV~'enormallyreporttosu:h credit reporting agendes each month. if you believe that our apart of yyour Account status is iraceurate or incomp!eee, piea:e write ,~s at the fallowing addressr Discover Card, Pt) t}or. 1531, VJimingiun DE 19350- 531fi. Please include your name, address, Name telephone number and A.cGOUnt number. Our Commurucatsons with Yau. Our personne~ may listen to or rccard telepi~one Qlls between you and our representatives without notice to you as permitted by law. We may use any m~drum, includiny but not limited to mail, live teiep~ane Mils, automated telephone equipment, prerecorded telephone calls, email and may make Gaits to your cell phone to Contact you about your Account or vffer yeu products or services that may bK of value to you. tf you prefer not to be contacted in one or more of these ways, call us at 1-840-DISIOVER (1-804~~47-? 6$3} or write to us at Discover Card, PO Box 15354, Wilmhigtan, DE 1~:0. Releasing Irtforma$on~Ahout Your Aocaunt. U`d provide variant me',Fods by which you can obtain information about ypur Account We will caly release such niformation to you, any Authorized User that our rc-cards indicate is an authorized buyer on your Account and any other person with your prior permission, in addition to as prdvided in our Privacy Policy or as rec3urted by law. Our security measua' cannot insure against unauthorized inquiries. You agree that•tve will not be responsible fee the release of Information to anyone who, even if (shout your authorization or permission, has gained possession, of a Card or vas learned other ideMifyiny cfiaraderrstics about you such as your petsanal identifimtion number, Account number or nodal security number. E(ettronic Notices to You. Va'e may offer you the opporturirty to receive certain natives Pram us electronla~{ly rather than through the marl, including monthly billing s4~tements and cha~,~o of terms notlres. The terms and condrtfonsfor recerv;ng these electronic rnmmunrtatiors will be described in the offer, Change of Address ar Telephone Number. !f you changt your adrirus ar telephone number~ou must notify vs of your) new addrr~s or te{~ i,one numberwrthin i5 „ys.You.czn notify us byte epharing 1-t3pG-bfS~OVT:R {1-800-347 2683) or by writing QISCOVrR RI , PO Lox 30943, salt Lake City, Utah 84130-0343. CLAIfvtS ANU ,OISPtlTES Merchant Eyisprrtes, We are not responsible f~r the refuse! of anyone to accept or honor a Gard or to accept checks t!~ we have providc~ti you. if a merchant fails to provide your purchase to your satisfaction and yeu -9- I C~'.TR4 FLYR-7,1-2UU`7 22:22 request a credit tb your Accounts we will inva~tlgate the dispute. If we reolve the dispute it; yard favor, the will issue a yeast to your Account and you will be deemed to have assiynedto us your claim agalrstthe merchant andlor any thud party far the Qedited amount Upon our rr_~quest, you agree to provide us wsth written evidence of such assignment Claim Nrstices, In the event that You ar we have a claim that arises from or relates to your Account, art trot accat,nt you had with us, your appli- cation, the relationships whTrh result from your Actaunt or ti,e enforce- ability ofthe Agreement or any prior agreement, before initiating, 'Dining or participating in any judicial or ar{»tration proceeding, as enter an individual litigant ar member of a class ("Proceeding''), the complaining part~r shall give the other party: (1) a written notice of Cho daim ("Claim Notice"), at least 15 days before Initiating any Proceeding, explaining in reasonable detail the nature of the claim and any supporting fads; and {2) a reasonably good faith opportunity to resolve the claim without the necessity of a Proceeding. This indudes any claims involving our parent corporation, subsidiaries, affiliates Qndudireg, wrt}tout limitation, Discover Financial Se+vlces LLC}, predecessors, successors, assigns, as well as the officers, directors and employees of each of tltpsB entities, Any daim Notice shaft be sent to us at PO Box 3024, New Albany, Ohlo 43454 (ar such other address as we shall subsequenHy provide to you) {the °Claim Notice Address") or to you at your address appearing in our records or, ff you'are represented by counsel, to your attorney at your attorney's office. Arbifration of Disputes, Agreement to arbitrate. In the event of any past, present or future claim or dispute (whether based upon contract, tort, statute, tonrmon law or equity) between you and us arising from or relating to your Account< any prior account you }lave had with us, your ap lication. the relationships which result from your Account ar the er,~arceability ar scope of this arbitration prevision, of the Agreement or of an pprint a reement You or we may elect to resolve the daim or dispute by binding arbitration. iF EITHER YOU OR WE ELECT ARBITRATION, NE,tTNER YOU NOR wE SHALL HAVE THE RIGWT TO LITIGATE THAT CtAltvi (N COURT OR TO HAVE A JURY TRIAL ON 71•lAT CLAIM. PRE-HF1lRING 1~15CbVERY RIGIfT$ AND'POST HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER YOU NOR wE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLh:IMS IN ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WITH RESPECT TO OTHER ACCpUNTS, OR LfT[GATE 1N COURT OR ARBITRATE ANY C1AtM5 A5 A REPRESENTA71V1: OR MEMBER OF A CLASS OR IN A PRNATE ATTORNEY GENERAL CAPACITY ("Class Adivn Waiver"). Notwithstanding anything else to the Contrary in this arbitration prevision, only a wort, and not an arbitrator, shall determine the validity and effect ofthe Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or v`~e may elect arbitratlvn with respect to any dorm made by anew party or any new claims later asserted in that lawsuit and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision. We wit) not'invoke our right to arbitrate an individual claim you bring in small claims court or your state's equivalent court, if any, unless such action is transferred, removed or appealed to a different court Governing taw and Rules Your Aaount involves interstate commerce and this provlsion'shall bo governed by the Federal Arbltratian Act (FAA). Ilte arbitration shall ba Conducted, at the option of whoever files the arbi- tration claim, by eitherthe American Arbitration Association (AAA) or the National Arbitration Forum {NA17 in accordance with their procedures in effect whet, the claim is filed. For a copy of their procedures, to file.a claim or for other information, contact AAA at 335 Madison Ave., Floor f 0, New York, NY 14417-5905, k"Kv~v~~drarg (phone 1-$OG-778-7679) or NAF at PO -•1a + + Bax 50191, hlinneapalis, MN SS445 (phony 1-300.474-237t). No other arbitratianforvmwill be pemtitted, c,ctapt as a~reEd to pursUatttta ~Ithcr the Changes to this Agreement sectron or a writ+ng signed by moth parties. Unless consented to by all parties, no orbs ~xtion may be administered by any administratorthat has anyfonnal Dr informal policy, rule orprocedure that 1s Inconsistent with yr purports to override the terms of thrs sec"don. fees and Costs. At your written request, we wilt advance any arbitration filing, administrative and hearing fens whid~ you would be required to ppay tD pursue a claim or dispute as a result of nut electtn~ to arbitrate that claim or dispute, Send requests to PQ Box 15792, Wilmington, DE 19866- 1020, The arbitr~atar vviU decide who willultimately be responstble for paying those fees. You will anhr be respon~ble for paying or reimbursing our arb+tration filing, admin alive or hearing fees to the extent you would have bean responsible for paying j attorneys' fees and court or other collection costs" had the action proceeded in court In no event wit! you be required to pay any fees or costs intoned by us in cannecc;on with an arbitration proceeding where suds a payment or reimbursement is prohibited by applicable fa>,v. Hearings and Decisions. Any arbitration heating will take place in the federal Judicial district where you resid '. The zrbf#ratar shall #ollovr applicable substantive law to to extent consistent with the FAA and applicable statutes of (imitations and shall honor clairrts of privileite recognized at law and shall be authorized tit award al! remedies pemtitted by the substantive tacos that would apply if the action were pending in court If requested by any party, the arbitrator slta!I write an opinion containing the reasons forthe award. The a'rbitrator's decision will be final and binding exceptfor any appeal rights under the FAA and exceptthat if the amount m controversy exceeds 5100,000, any party ma appeal Cite award within 30 dayyss to athree-arbitrator panel, whim shall review the award de nova. Un{ecs applicable law provides otherwise, the appealing pa:iy will pa{the cost of the appeal, regarkiless of its outcome, However, we wdl cvrtstder in good faith any reasonable request fcr us to bear the fees charged by the arbrtratren adminis):rator and the arbitrators in connection with tr:e appeal. Judgment upon any award by tfte arbitrator may be enforced 1n any court having jurisd coon, Other ~Benefidarfs ofthis Provision. Our ri~hts and obligations under ;his arbitration provlslon shall inure to the benefit of and be binding upon our parent corporators, subsidiaries, affiliates~Cnduding, without limitation, Dlscovet Financial Services LLC), predecessor succr3sar3, assigns, as well as the officers, directors and employees of each ofthese entities, and v~ill also inure to the benefit of any third party namgd as a cv-defendant with us or with any Df the foregoing in a claim whi~ft is subject to this arbitration revision. Your r+ghts and obligations underthis arbitration provision shalt Pnt:ra io the benefit of and be binding upon all persons contrattua+ly liable under t}t1s Agreement and a!I Authorzed lasers of the Account 5urvi,raJ of thJs Provision. This arbitration revision shall survive termira- tian of your Account as well as voluntary payment in full by you, anyy {egal proceedings by us to collect a debt owed by you, any bankruptcy by you and any sa.e by us of your Account Right to Reject Arblt'tatlon. You may rej i t the Arbitration of Disputes s~cCtrpn 15y providing us a nafice of relettio within 3o days after receiving a Card, at the following address: Discover~Card, PO Box 30938, Salt [.eke Giy, tit' 84730.0938. If you were previously subject to arbitration with respectto any account w,zh us, this right tD~rejed arbitration visit eat apply to you, Your rajedion notice must indude your name, address, telephone number, Account numt?er and signature and must not bC senC wish any -11- P.3OT liYk-22--C+Uq'f G'L:'Ll other c-arr~panden^,~. C;atiins~ t;s do inrliextc #Erat yuu reject#he Arbitration of D'isputt;;section orsending a rejt-etronnotice in amanner orformatthat does not Damply with' al! applicable requirements ii iruufficient notice. in order to process your notice, we require that the notice beprovided byyou directy and not through a third G?arty. Rejection of arbltrat;on will not affect your other rights ar responsibilities under this Agreement or your obligation to arbitrate disputes under any other account as to which you and we have a recd to arbitrate disputes. If ycu do not send a rejection notice, you wilt be cbligafed by the Arbitration of Disputes section wrtlt respett to this and any prioraccount you have had tivith us, even ityou have previously sent a rejection notice with rtspeet to that prior account. LEGAL IiVTERPRETATidN RF THIS AGREEArtENT Severability, If 8n part of ;ltis Agreement becomes unenforceable, it vvili not make any other part unenforceable, except that if the Class Action Waiver set forth above in the Arbitration of Disputes section is invalidated in any proceeding in which you and we are involved, then the Arbitration of Disputes section will be void with rspect to that proceeding. C.nmpliance with Intensst Rate Limitations. We Intend that this A reernent will comply with applicable interest rate limitations. You will not be required to pdy Finance Charges or other charges at a ratethat is greater than the maximum amount permitted by law If It is ever ftnally deter- mined that, but for this section, the Finance Charges or other charges under this Agreement would exceed the maximum lawful amount the Finance Charges and other charges will be reduced to the maximum lawful amoun#,.Any excess amaurrt that you have already paid will be used to reduce the outstanding balance of your Account or will be refunded to you by means of a chc-ck in our discretion. Governing taw. This Agreement and may claim or dispute arcing out of tfsis Agreement will be governed by applicable federal law and, to the extent state law applies, Delxwara law, A55iGNNiEPrr OF ACtOUN7 We may sell, assign or transfer your Account or ariy portion thereof with- out nonce to you. You may not soil, assign or transfer your Account with- outfirst obtDiningour prior written consent. CHANGES 7O THIS AGREEMENT We may change any term or part of this Agreement including, but•not limited ta, any finance charge yate, fee or metitod of oamputing any balance upon which fhz firante charge rate is assessed or add any new term or part to this Agreement if required 6 lacy we will send you a rrrritten or elgGtronically delivered notice at mast t5 days before the change is to become effective. We may applyy any such change to the outstanding balance of your Account on the eSectrve data of the Change and to new charges made after that date. You maybe offered the opportunity to rej1ect soma of the changes, and if you do, you must notify us In writing or elearonically within T5 days after the rnaihng of the nobce~of change atthe•addn~ss provided in the Hades of r}range, rn which Lass your Aaount will be closed and you must pay us the balance that you owy us under the existing terms of the unchanged Agreerent. ptherw°se, yap will have agreed to the changes in the notice. Use of your Account after the effeafve'date of the change will bz deemed acceptance of the nbw terms as of such effective date, even if you pre- viouslynotified us that you did not,agree to the change. vice may also change arty Perm of any product service ar benefit offered in Connection SR+Ith your Account. VU0 will notfy you as requited by lavr or by the terms of tfie product service ar benefit tz.. P,G08 ~ttlV~tCY pC3UCY We Respect Your Privacy Our m(ssian is to provide you with superior products acid senriccs, along with the peace of mrnd knowing that the securiy of your personal infor- mation is our top priority. We understand your concerns about guarding information about you and your Account We want to assure you that we have taken steps, and will coniJltue to take steps, to safeguard that Information. 'ibis Privary paliry desaiba our a orts to meet these abjecGves.lt includes a summary of the following important information: • A listing of the perronal information we cal(ect; • The circumstances in which wd may share information with others; •'iheways we safeguard the confidertlatity and security of irfianraiicn; and ~ • The steps you ,nay take to limit cur sharing of such information with others. See Section 4 on page~4 far complete details. Please read our Prlvay Poiicy care ally, ttwill help you understand how we collect and share information. 1. What Personal Information, too a Coltectl To servo you betker and manage our business, R is important that we collect and maintain accurate ppeers Hal information about you. We obtain this information from appllcatlons~and othv farms you submitto us, from our dealings with us and others, Irroin connrmer reporting agencies and ~rom other sources, such as our Web sites. For example: •.L•Ve may obtain information such~asyour name, address and date of birth from appiitations and other forms you submit to us, We may obtain information suctj as Attount balances, payment history, your use of your Account and the types of services you prefer from •your ta•ansaRlons and other dealings ' i us and others. • V'Je may obtain infomrat;on such~sthe balances ofyour loans with other lenders and your payment history with others from consumer repcr[ing agencies. • We may obtain information such as your Internet service provider, your email address, your comduters operating system and Web browseryour Web sfte use and your product and service preferences from your visrL to Web rtes. L Is Personal Informatlorr Shared with Others? We iimit the sharing of information with others. Many of the offers you receive for products and services a're provided directly to you from us. For example, a retailerttrat accepts the Discover' Card may come to us with a special offer for Cardmembers, such as a discount Certificate or product upgrade, After careful cansideratcon of the nature of•thc offer and the company, we will create a 11st of Cardmembers who may be intersted in the offer based on certain characteristics. We will send the offer direttfyto those Cardmembers on behalf of the -t'tailer try for example, including an insert in thcirmonthly billing statement or marling the offer ourselves. We control the information used to make the offer; we do not share the list or any information about our Ca~dmembers with the retailer. However, please understand.that if you do receive this type of offer from us and choose to take advantage of it, tt~e retailer may then learn information aboutynaberauseDnly Cardmem~erswith certain ctaracteristics received the offer. I There are, however, circumstanws gn which eve may share the information 13_ I i nYY{-11-GUUf aG~'!.6 we to{fact about you, as described In 5:crian t, with other companies, in order to provide you tv,th access ~ products and services and to service your Account eff>'ctively, as detailed fselaw. We require these comppaannies to adhere tv our pnvaccyy standards and to use this information only forthe limited purpose farwhlch it wasshared. We do not allow them to`disclose it to others without our prior approval. a.5haring Personallnformatlor'r with Gur Corporate Fame/y We are part of the Morgan Stanley family of cor:ipanies, our corporate family offers a wide variety of products and services that can help you Manage your finances In order to provide you with access to these products and services, we may share the inforrnation~we copeck about you, as described in Section 1, with other members of our ca rate family. 'These companies include financial service provider that offer mortgage fending services, securities and asset managgement services,. investrnent opportunities and mutual funds, and may include non-finanaai service providers in the future as our corporate family continues to grow. b. Sharing Personal fnfonnation with Non-Affiliated Parties fa<Marketing Aurposes We may share the information we coped about you, as described in Section 1, wfth non~fflliat~d third parties, including thasethat accept the Discover Card, in order to provide you with access to roducts and services offered direttty b these companies that may be oipvalue to you. These companies include financial service provider, such as insurance com- pantes,and non•finanaaf companies, such as retailers. c, sharing Personal Frr(iarmairon with Other We may share the information we collect about you, as described in Section S, with companies that perform suppport ar marketing services on our behalf, such as mailing, market research and data processing; other finandal institutions with which we have Dint marketing agreements; or companies that are our partners far ca~rand credit card programs or reward programs, We may also share such information as permitted by law, 3. How po We Pratact the Canfidentiaitr,~ Security and Integrity of fitformatlon About You? We maintain physical, electFanic and procedural safeguards to protect the information we coile~t about you. Access to such Information is restricted to fidtviduals who need it in order to service your Actount'br provide products and services to you and who are trained in the proper handling of such information, Employees who violate these confidentiality requirements are subject to our disciplinary process. Where third parties provide support services, we require them to conform to our privacy standards. !t is important that the information we maintain aboutyou is accurate and complete. If you see information in your monthly billing statements or elsewhere which suggests that our information is incomplete or inaaurate, please write to us at D'ucover Card, Pp Box 30943, Salt Lake Gty, UT it4134.4943 sa that we can update this information. a.~How Can You limit Sharing of tnforniaGon phout You? We respect your privacy and offeryou choices as to whether we may share infarmztian about you with others. Yvu hav° the option to Lett us not #a share the information we cnllect about you, as described in Section 1, with non-affiliated third parties. You ,alsp havethe o lion to tell us notto share certain information we collect about you, as described in S+..ction 1, with companies in our corporate (amity. However, this option is limited to information about your eligibility for credit obtained from your T4- p.oos application, such as your income a d from consumer reporting agencies, such as.your credit history. if ynu indlWte a prer'erence for either of those options; please understand that you may riot receive offers for pradu[tS and services provided by other companies that could help you tower your costs, maximize your finandal resources or manage your finances. 7a indicate your preferences, pleas coif us at i-804-2Z5•S2t)Z or write Ya us at oisc~vcr Caul, Po Bax 30961, Stitt lake Gty, tYF A413D-0961, rf you have previeusty notified us a4soul; your prrvaryry prefe,•enws, it is not necessar~r to da sa again unless you deride tv change out preferences. Your written request should indtfde your name, address, telephone number and Account numberls? and should not be sent with any other correspondence. )n order to proces; your request, we require that the request be provided by you directly and not through a third party. You will need to provide us with yaut preferences for each Unlit card account you have with us. You may notify us about your preferences at any time. Your request wilt remain m effect unfit you notify us o~iterwise. We vrpl honor your request and not share this to onnatioh exce t as perm'stted by law. r example, federal taw permits us to share information about you Nish consumer reporting avenues, service providersland financial institutions with whidt Y1e have )"aint marketing agreements. It also permits us to share infor- mation about our experiences and nsactinns tv;if+ you, such as your Account balance and payment history~with us, with other member3 of our corporate family. If you are a new Cardmember, we wilt riot share any information about you, except as perr~itieil by taw, far thlr•.y days after wa provide this Policy to you in order to give you an opportunity to inform us about your preferences. tf you are an existing Cardmember, please understand that you may continue to receive marketing offers directly from other companies thatwere alrealdy in production priorto the prates- sing of your request. This Privaccyy Pnliry is provided to the primary Cardmemlxr fisted on the Account Nowever, any f Dint C.ardme bar has the right to notify us about preferences and we will tmat that~requesk as applying to the entire Account We do not share ;rrformatiaq about former customers, except as permitted by taw. Th;s notification superccdes a)I previously issued Pr;va~y Polities. We reserve the right to ametid this Privacy Policy from time to vme and we wilt notifyyou if we do so. This Privacy Policy is provided to you by t~iscover Oank and is subsidiaries, which currently include G7C IruuranceiAgenry, lnc, and Discover Products inr, Unless otherwise specified, it applies to the family of Discover Cards'for consumers and the products and setvic~ offered in connection with t1'rase Lards, induding the Wallet Protectiott{tard registration service (with the excepption of ary lnfarmat;on registered in connection with the service, tvhiCh wilt rat he shared), {t is part of ~ nur Cardmember Agreement and provides a further explanation of ho we collect and share information. You may have othernghisunderstate ativsthatappfytothisinfcrmation, Pleas note #hat you wilt also t`ec2ive rivacy notices for other vedit card accounts you have with us, as well as oirher finandal products and services provided to yyou by us and our affl6ates. You will need to indicate your preferences fpr each of these separately as disdas2d in the notice. Vermont Restdants ~ Your state{ taw requires financial institutions to obtain your consent prior to sharing tnfarnation about you with otisers. Except as permitted by law, we will rat ~hare irfarmatlon we cot{act about you with nan•affillated third parties ar companies in avr corporate family unless you call us at 1-800-DISCOVER aci`d authorize us fio do so. t5-{ HYtf-11-6UU'r 66 ~ La Californi8 rtesidents -Your state iaw requires flnandal institutions to obtain your consent prior to sharing information about you with non- affiliated third parties. Fxcept as permitted by iaw, vie will not share information we Collect about you v~rth non-affiliated third parties while you are a resident of Califomla. Your Bi!(inq Rights KEEP THIS NOTICE FOR FUTURE U5E Iris notice contains important information about your rights and our r,sponsibiiidesender the Fair Credit Villing Act. t.lvafrfJ/ US in Cate Of 1=rf'arx p~ Q(rL~Stlar,S Af3piff YOUr BIfI If you think your bill is wrong or if you need more information about a transaction on your bill, write us on a separate sheet of paper at the address listed on your bill for Notice of Bllhng Error Write to us as soon as possible. We must hear from you no laterthan 60 days afterwe serttyau the first bit! on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • your name and Account number. • your dollar amount of the suspected error. • des?Ibe the error and explain, it you ran: why you believe 'there is an error. tf you need more information, descnbe the ifiem you are not surn abour. N you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrung. To stop the payment your letter must reach us#Irree business days before the automatic payment rs scheduled to occur. 7 Yaur Rights and fur Responsibilities After 1Ne Receive Your Written ' Notice we must acknawiedge your letter within 3b days, unless we Nave corrected the error by then. Within 9D days, we must either correct the error ar explain why we believe the bill was correct After we receive your letter, we cannot try to called any amourn you question ar report you ~ delinquent. We can continue to bill you for the amount you question, Including finance charges and we can apply any unpaid amount against your Account credit limit. You do not have to pav any questioned amount while we are investigating, but you are s~tlil obligated to pay tiro parts of your bill that are not In question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questiont~l amount If 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 wse, we 4x11 send you a statement of the amount yoV owe and the date that it is clue. If you fail to ay the amount that we think you owe, we may report you as delinquent. Ho4vever, if our explanation does not satisfy you and you write us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a questioh about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report ou to that the matter has bean settled between ut when it finally is. IfYwe don't follow these rules, we can't collect the first g50 of the questioned amount even if your bill was correct. -1G- P.OSO 3'. Spec(al Rule far Credit Carrel Purchases If you have a problem with the /r}uality of goods ar services that you purchased with a credit rand, and you tried in and faldt to correct tl,e problem with the merchant youlmay have the right rot to pay the remaining amount due on the goods or services. Thera are two limitations on this right ' (a} you must have made the purchase in your home state or, if net within your home state, within 100 miles bf your current mail;ry address; and (b} the purchase price must have aeon mare than;50. These limitations do not apply if wa own ar operate the merchant ar if we mailed you tl,e advertisement for die goods ar servicds. 4 Purchases Made wifh l1re~1cs• or Castr Advan:As The 5pedal Ruie far Credit lard Purchases does noc apply to purchases made with a balance transfer check, cash advance or promotional pur- chase check. Thetefcre~if you have b problem with the quality of goods or sarvrces that you purr aced with a glance transfer check, promotional purchase checx, cash advance check~orthe proceeds of a ash av,+ance, you da not have the right to wit,hold playment of the amount due. DESCRIp'TI~N Cl>= COVERAGE SCHEDULED AiR TRAVEL ACCIDENT W5URANCE. Discovet" tv>ere'" Card- members and Discover° Open Radd~' Cardmemhers are provided with $500,000 Scheduled Air Travel Accidenrt Iruurante antl bisCOVer" 1 rtanium Cardmembers are provided with 5j50,000 Scheduled Air Travel Accident lnsurance.* Yau, your Spouse, Domestic Partner or eligible Dependent Children for wham a ticket eras purchased on your Card (as defined below) will be automatically Insured against Accidental Loss of life arising from and occurring on a Covered Trip while you, your Spouse, Domestic Partner or eligible Dependent Children for' ham a ticket was purchased or, our lard ate riding as a passenger in o entering, exiting or being struck by a $theduled Aircraft or a conveyor , e operated by a military transport service or riding as a passenger m r entering or exitng any conveyance licensed to carry the public for a feepa nd while traveling directly to or from the airport immediately preceding tie departure of a Scheduled Aircraft on tivhrCh the insured Person has purt:lyased passage and immediately fallowing the arrival of a Schedule Aircraft on which the Insured Person was a passenger. *Coverage is underwritten by Fe oral Insurance C.^,mpany, a member irsvter of the Chubb group of ins<~rance Companies. Certain 1lmifr,tions and exclusions appiy. l PLAN. riEA°rt1RES Tii@ BENEFrrS: The full Benefit Amount ($500,OV0 for giscover i4lore and giscaver Open P.ead Cardn,embers;l b150,0V0 for Discover Titanium Card- members} ispayable f arAccidental Loss of Life. The Lass must occur within one year of the Accident i:,AAXIMUM UMIT OF INSUP.ANCE: I~more than ore Insured Person sudfers a Loss in the same Accident the company will not pay mare than fire maximum.lirnit of insurance ($20,000,000) per Acddent If an ACrident results in Benefit Amounts becomin~payable, which when trrtaled, exce::d the appli~ble limit of insuranee own above, the maximum limit of iruurancewill be divided proportionally among the Insured Persons, based on each appliable Beneffit Amount. In the event of multiple Accidental deaths per Account arisingg from any one P.ccident the Company's liablliry for all such Losses will be limited to Ia maximum limit of insurance equal to .,tt7.. two times the appiitab{e Benefit Amount far Lvss of l.Ife. Benefl+s will be pra~partionately divided among the Insured Persons up to the maximum limn of insurance. DEFINmONS: A;cideni o~ Atdderrtal means a sudden, unforeseen and unexpered event happening by dunce, and includes unavoidable exposure to elements arfsrng from a covered Hazard. Acddental Bodily fnlu-v(I~ means bodily injury which is Accidental, is the directsource of a Lass, is rode~endent of disease, illness or other cause and occurs white this policy is in force. ~,C.p}trt~ means a Card account l~nefft Amount means the Loss amount at the lime the entire cost of the passenger fare Is charged to an Account Satsf means the Discover More Card, Discover Open Road Card or Discover irtanium Card, as applicable. C~rdmemggr means the holder of the Card whose name appears en the credit card. Ccmq~nv means the Federal Insurance Comppany. Cav means travel on a 5rhedvled Aircraft when the entire cast of vouch~ogco ions, has been cha gedtta thelnsrured Pen's Accfa nt.s~ d~~~aC..~ d n mearu those children, including adapted ~i dren and those children placed for adoption, who are primarily dependent upon the Insured Person for maintenance and support and. who are: (i) under the age of 18 and r>;ide with the Insured Person; (~) beyond the age elf 19, permanently mentally or physically challenged, and incapable of self support or (3) under the age of 25 and classified as ivA- timestudents at an institution of higher learning. Domestic Partnet means a person who: (1} is at least t8 years of age and competent to enter into a contfact< (1) (snot related to the Insured Person by blood; (3) has exclusively lived with the insured Person for at least one year riorto the date of enrollment (4) is not legally married or separated; and (~} as of the date of enrollment has with tthhe Insured person at least two of the following financial arrangements: (a} a joint mortgage or lease; (b) a joint bank aaount• (cJ joint title to or ownership of a motor vehicle or status as a Joint lessee an a motor vehicle lease; or (d) a joint credit wrrl account with a finanpal instituton. Neither the Insured Person nor the Domestic Partner qn be married to, nor in a civil union with, anyone else. Ha means the covered circumstances for which this insurance is provided as stated in Section III of the Declarations, Hazards, and described rn the Hazards form, as described on page 1 of this Desviption of Covera e. In _ n means all Cardmembers, their spouses, Domestic Partners and Dependent Children, as well as authorized users of the Amount. L,.9~ means the Loss of Life. ~osz of Life means death, including d;nlol death determined by ti,e local overnrn medical authorities` of means Discover Financial Services LLC! the entity responsible oror t~ment of premium. Aircraft means an aircraft awned and/or operated by a Scheduled.4rrline. .~Shed111e, Airlin means an airline which is either of United States registry and certified by the Untied States government to r~rry passengers on a regularly scheduled basis or of foreign register and approved by the United States govemment and the appropriate fcreign auUlor)ly, ~ means hostilities following a declaration of War by a governmert -18- P.O>.? authority. tf there is no dectaratian of War, then (t) armed, open and continuous hostilities between two countries ar (a armed open and continuous hostilities between twa~factions, each In canvol of'territory, or daiming jurisdiction over the site the area of hostility, DISAPPEARANCE SENEF[iS: If the insured Person has not been found within one year of fife disappea nte, stranding, sinking, wrecking or breakdown of any Scheduled Aircr f# or conveyance in winch the [itsured Person was covered as an acupantt,i it will be asstimed, subject to all other terms ofi the policy, that the Insured Person has suffered Lose of Life covered under this policy. II EXPOSURE BENEITi'S:Acddent includes unavoidable expcxuretoelements arising from a covered Hazard. ECIGIBIUTY: 7hls insurance plan is provided to Insured Persons auto- matically when the entire cast of the passenger fare(s) on a Scheduled Airline is charged to the Cardm beds Account while the insurance a effective. It is not necessary fcr y~u to notify the Polioyholder or the Company when Scheduled Airline Uckets are purchase-d. EFFECTNE DATES: Your insurance u{rder this insurance plan is effective on the Iaicr of:1}April 1,1007; or 2) the date you became an eligible Card- rnember. Your insurance coverage under this insurance plan will cease on tf,e earlierof. (1) the date the insurance coverage is terminated; or (2) the date you cease to be an eligible Carldmember. CO57 This insurance plan is provided at no additional Bost to eligible Insured Persons for Covered Trips. i olicyholder pays the full cost of the insurance. TFIE BENEFIpAR`~ The Loss of Life benefitw;li be paid to the heneficiary designated byyou. if na such designation has been made, that benefit will be paid to the first surviving beneficiary in the following order. a) your spouse; b) your children; d your parents d) your brothers and sisters, e) your estate. All other rndernnitieswill be paidtoyou. If you wishto change your beneficiary, you may requesf a beneficiary designation form by writing to the plan administrator at The direct Marketing Group, Inc., 13265 Bedford Avenue, Omaha, NB 6$164 or at Benefidaiyreyuest~The DiredMG.oom. EXCLUSIONS: This insurance plan d not cover loss resulting from; (1) an Accident occurring while an Insured Person is ln, entering, or exiting any aircraft owned, leased ar operated by this Policyholder or any aircraft owned, leased or operated 6y an employee of the Policyholder on behalf of the Policyholder (this exclusion does not appiyto aircraft chartered with pilot or dew on one time charter basis), (2) an accident while an insured Person is in, entering, or exRing any aircraft wFrile acting or training as a pilot or crew member {this exclusion does not apply to passengers who tempvrariJy perform pilot or crei4v functions m a Irfe threatening emergency): (3} emotional traumas mental or physical illness, disease, pregnancy, childbirth or misrarriagel bacterial or viral infection, or bodily malfunctions (except bacterial infection caused by an Acddent or from Accidental consumption of a substance contaminated >rJ bacteria): (4) suipde, attempted suicide or Loss tYlat is intentinnallyeelf-inflicted; or (5) declared or undeclared War. CLAIM NOTICE: Written claim notice nust be given tothe Company within 90 days after the occurrence of any Loss covered by this ppolies or as satin as reasonably possible. Failure to give notice within 40 days will not invalidate or reduce any otherwise valid claim if notice is given as soon as reasonably possible. CLAIM FORMS: When the Company receives notice of a claim, the -59- Cr=rawat~ will SGn+~ y~su varr,€is far yiviw prof of i.sess ca r~, wititi;s 95 days. If you do net roceive the fomts, you s~oul~ rind the Campany a written d~criptian of the Loss, CLkfM PRDOF OF lQ5S; Complete proof of Lass must be given to Company wi,hin 90 days after the date of Lo~~s, or as soon as reasonably possible. Failure to give complete proof of Los v/itllin these time frames wiR not irn2lidate any otherwise valid claim if notice is given as soon as reasonably possible and rn no event lat:r than one year after the deadline to svbmrt compiete proof of Lass. CLAIM PAYMENT: The Companyy will pay you or your benefi6ary the applicable Benefrt Amount wrthln 60 days after comGlete proof of Coss is received and if you, the policyholder and/orthe beneficiary have complied with afl the terms of the polrcy. AR6iT1tAT1ON:1nLhe event of a dispute under this policy, either the Com- pany arthe Insured Person may make a written demand for arbitration. In that case, the Company and the Insured Person will each select an arbitra= tar. The two arbitrators will select a third. If they cannot~agree vrlthin 1S days, either the Company or the insured Person may request twat the chaise of arbi~tar be submitted to the American Arbitraiion Assadation, The arbitration will be held in the state of the insured Person's prndpal residence. f6 Ydt1 HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALLTHE C[AIMS SERVICE IEiL'TER AT i-Bbd-CI.,gIMS-p (1.800-7.S2~i670) OR (157) ZZZ•d23Z You ran also ga to the Campany vveEnite (vrww.chuhbrcom),click or, Report a Loss, select Accident, Benzf~ts and Life claims, selectthe appropri- zteform, print out the claim form, fill out and mail. You can file a claim by rnaii ot•fax. Mailing Address~ CHUBB GRbUP OF 1NSUP,ANCE CnMPANIFS CLAIMS SERVICE TENTER 6001NDEPENDENGE PARKWAY P.6.80X 4700 CHi;$APEAKt~ VA 2x327-4704 Fax Number; 1-8bp.~4V-2x38 As a handy rofereno: guide, please read tills and keep rt in a safe place with your other insurance documents. This description of coverage is not a contract of insurance but is a summary of the principal provisions of the FnsurantG white in effect. compiete policy previsions are oon#ained in the Master Policy, which can be obtained from the Policyholder, Policy # 34p6-18-06 ' Policy Underwritten t3y Plan Administrator Federal Iruurance Campany The Dirett Marketing Group, Inc. a member insurer of the t,?G5 Bedford Avenue CJiubb Group of Insurance Companies Omaha, NF 68164 i5 Mountain ~z+,v Road, P.O.9ox 1675 Warren, NJ 070ni-1657 ~ESCRI)5~'It~N GtF COlrEffAA~E SECpNOARY $EftT"A[. CAR GOLLiSIOi`! CQVERAGE. discover° More`" Dlsco+rer• peen Road` and Dismver° Titanium Cardmembers can benefit from the security and safety offered throucfh Excess Collision Damage Waiver, if you rent a vehicle for 31 consecutive days or less (or 4S days under certain circumstances described below) with your Card {as defined below), you may be eligible for benefits under this coverage. Exceti~s -24- '. k1i ~'UiliFicln 5arrtag© Ytraiver is sn in=urar,~: pr ~ ram, underwritten by Fodetai [nsurance Company Polity; ~ 9506-17-6~ {~e ^Paiig"). DiFlNmonts: ~croant means a Card account. Actual Cas}r Value means the cost to repair or replaco the Rented Auta mobile at tfie time of lass, less clop Ration. Cardm m means the holder of thi Card vrhase name appears an the credit card. Card means the Discover More Card, Discover Open P.aad Card ar Discover Titanium lard, as applicable. ~ S2lisiol7~D~m~cre means the direct and accidental damage to a Rented Automobile caused by upset or collision with another ob)ect Collision Damage does not include loss ceased b~ missiles, falling eb"ects, fire, theft yr larceny, explosion, earthquake,lviri~torm, hail, orate ;mood, malicious mischief or•vandalisrn, riot or doll comn'+otion. Comoany means the Federal insurance Company. in means Catdmemben; and authorized users of the Account. r means Diuuver Fnancial services LLC, the entity responsible fart a payment of premium. ~ K~ntal Qg~{ means a commer~iai automobile rental company licensed under the laws of the applicable juris5iictian. 13erit4si ,A7{~ar~rybiie means afour-:vheeled private passr.+nger type motor vehicle or a rnrrn~ran manufactured aril designed to transport a maximum of seven passengers and used excursively to carry passengers. ,~ Rented Automobile must be designed far tra5el on public roads and rented from Rental Agenry. T`0 GET' COVERAGE: e Thi< Cvilision Ramage Waiver Cavp,~ge ii provided to you, ,~s an Insured, automatically when the entire r~r;t~l fee,for the Rented A!,tomabile is th~r~ed ar debited to "our Actount, It is not necc,ary fcr you to ratify the Company at the time the rental fee is charged or debited to.your Acount. I • You must decline the LosslDamage ilaiver alto ed by the vehicle Rental Aganry. t You must rent the vehidz in your a name and sign the vehicle rental a reementlcontract ' The coverage period will not exceed 31 cortsecutiva days, or 45 consecu- tivedays iftheInsured is an ernployee~of an organization whlth has pro- vided a Carci tothe Insured for busigess use. TFtE KMD DF COVERAGE:'YbU RECEIVE: In cansideratlon of the pnumium Paid ~ythe Poliryhafoer as required, and subject to all the terms of the Polrty, the Campany a roes to rerrnbur:.e an an Actual lash value basis either th Insured or t~e Rental Agen_~ for repair or replacement of the Rented~utnmobile as a result of Collision Damage to the Rentz) Automobile. Tt;E Company's liability r,il{ be for a marimum relmbursernent of ~25,000~ !n no event will the Company be liable beyond the amounts aduaAy paid by the Insured or the kentai figency I . if you or an i,^uured's primary. vehicle insurance or ether coverage has made payments far a covered (ass, Excess Collision Damage Waiver will Cover your deductible and any other eligible amounts not covered by other insurance, I a This coverage is not all-inclusive, vrhlch means it do,~ not raver Such things as personal injury or personal liability. It does not cover ycu fior any damages to other vehicles or prdperty, It dads not cover you for any injury to any parry. -21- . I AYK-11-`LUU'7 22:24 wttcr tS Cov~4: D~cover Mute Cardrnembez • D-r~corer Open Road Cardmembers ' • Discover Titanium Cardmembers IXCLUDED RENTAL VEHICLES: Off-road, antique or limited edition motor vehicles trucks; rc-rreaiaonaf vehicles, campers, ickup trucks, and minibuses limited edition rnotor v~.hicles or high value, exotic, hi 11pe rrormance or cvHector type. High value motor vehrdes are motor ve~rcies whose replacement value exceeds 550,040, and antique motor vehicles are defined as any vehicle over 25. years old, or any vehicle whitfi has not been manufactured for 10 years or more, WHERE YOU ARE COVERED: • • Coverage applies to vehicles rented in the United States and Canada only. ^ Coverage is not available where prohibited by law WHAT TS ~ COVERED: Coverage does not apply to loss resulting from the following: • Any dishonest, fraudulent or uiminal art of the Insured. Forgery by the Insured. • lass due to war or confiscation by authorities. • Lois due to nuclear reattion or radtoacttve conramination. +The Insured being intoxicated, as defined by the laws~the jurisdiction where the toss occurred, or under the influence •of any narcotic unless prescribed by a physidan, + Use of the Rented Automobile to carry passengers and property for hire. + Use of the Rented Automobile by a person other than dye one author- ized to operate the Rented Automobile by the teems of the ftenta! agr~ment ^ Loss of use of the Rented Aurtvmobile, , + Intentional damage tothe Rented Automobile by the Insured. ^ Damage which is due and confined to wear and tear, freer~ng, med7ani- cal orelectrical breakdown or failure. Damage to tires unless the lass is coincident with a covered ions. ^ Use of tht; Rerrted Automobile in tests, races or contests. ^ The' P.empd Automobile being operated or located in any territory prohibited by the terms of the Rental Agreement. f~R IN&URtUS WHO ARE NEW YORK STATE RESlDEN-T5: To the extent thatthis plan provides insurance against damage to a rented motor vehicle, the fallowing terms and conditions apply: (1) the period of insurance coverage will not exceed 3i consecutive days, or 45 Consecutive days if the Insured js an empployee of an organization which has provided the Card to the Insured for business use; and {2) the insurance provided by this plan will be excess overany othervalid and collectible insurance cover- ing the Rented Automobile. However, file insurance. provided under this plan may be primary if spedficaily provided tar under the tears of this plan an~ if 'the following criteria Ls met; (a) the Rented Automobile is rented for use outside the United States, its territories and po<~sessions; (b) the Insured is an employee of an organization which has provided the Card to the Insured fur businoSs use; and (c) the Routed Automobile is rented without a driver. HOW TO FlL1: A CLAIM UNDER EICCESS tOLtlS(ON DAMAGE WAIVER: in the event of a claim, written orverbai notice must be provided as soon as rasonabiy passible. 1F.YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALLTHE CLAIMS SERVICE CENTER A7` 1-S00-CLAIMS-0 (1-IIOOd52-4670) nr (757} 222-4~23Z -zz- P,Oi3 Yvu can also go to the Company VJebsite tvwvw.chubbcom}, dick an Report a Los?, setecc Aaident, Itienefits and Life claims, select the appropriate fornL p. rint out the claim form, irll out and mail, You can fiie a Harm bymail vr~~.x. Mailing Address CNU$13 GROUP bF MSURANCE COMPANIES CLAIN[5 5ER'/!CE CEPfT1=R 6001f~DEPENDENCE PARfNJAY P.O. BpX 4700 CHESAPEAKE, VA 23327-•;700 Fnx bomber; 1-800300-Z~38 CLAIM PROCEDURE: ~ The Insrued mustsendthe Compa • Insureds name and Polity nurnt occurs. If notice cannot be iven ~ :ts reasonably possible. Tv file a sv .tho fvllow'rn~q information to the A copy o. the Account state transattlon. ' • A copy of the automobile yenta • A copy of the police report. • A copy of the initial claim reps i • Ac opy of the paid claim presen i the ollisionDamageforwhich ^ Proof of submission of the loss denial bythe applicable insurbr • if no other insurance is appii Insured to that effect. Reminder. Please rrifer to the Ins! INSURANCE DISCL05URT:5 written notice of a claim, including the vnthin 90 days after a covered loss in that time, it mr~t by given as sin ~ Proof of Loss, rho Insured must send pa or its authorized representative: nt shvunnci the autarnobile rental submitted tc the automobile Rental the automobile Rer;tai Ayency for cured is responsible. d the results of any settlement or ~ier(sj. a notarized statement from the Disdosun.~s section. I As a handy reference guide, please read this document and keep it in a safe place with your other insure ce documents. This Summary of Cover- age Is net a contract of insurance but is simply an informative statement ~ to eligible insureds of the principal Qrovisions of the insurance while in I effect Complete provisions pertrainmg to this plan of insurance are contained in the master policy on fife with Discover Ftr+.ancral Services LLG herein referred to as the Policyholder, if a statement in this Summary of Coverage and any provision in thq policy differ, the policy w111 govern. Polity Undervrritten By I Plan Administrator Federal insurance Company ("Company") The Direct Marketing Group, inc. i a member of the 1 13265 Bedford Avenue • Chubb Givup of insurance Compahies C7mzita, NE u8i64 15 Mountain View Road, I?0. BOK 4615 • • VVarmn, New Jersey 07061-165 Master polity Number. 590&•17.63 Effective data of benefits: EffectiLe April t, 2007, this wide repl~rces all ~ prior disclosures, program descriptions, advertising anJor brochures by any parry. Policyholder and Company reserve the right to change the benefits and features of these programs at any time. ~ Cancellation: Policyholder can cancel these benefits at any time or cfrcose not to renew the insurance coverage for all authorized Cardmembers. if Policyholder does cancel these b 'nuts, you vriN be notified at least 60 ~ days in advance. if the Cornpany~terminates, cancels, or chooses not to • renew the coverage to Policyholder, you vrill be notified as soon as is Z3 - tiYK-1~1-G'JU'( 6L:~L4 practi~cble, insurance benefits will stilt apply trsr any benefits ycu were eligible far priar to the date of such terminations, canceltatlon or non- renetval, subject to the terms and cpnditions of coverage. Benefits to you: These benefits apply only to Cardmembers vrhose cards are issued by U.S. financial institutions. The United States is defined as the 50 United States, die District of Columbia, American Samoa Puerto Rico, Guam and the U.S, Virgin Islands. No porson or entity othert~'ian the Card- member shall have any #egai ar equitable right, remedy, ar daim for insurance proceeds andlor damages under or arising out of this coverage. These benefits do not appl if your Card privileges have been cancelled. However, insurance benef~ts wrll still apply for any benefit you wens eligible for prior to the date that your tlccount Is suspended ar cancelled subject to the terms and condltiaru of coverage of your Cardmember Agreement. Transfer of rights or benefits; No r1aFis or benefits provided under these insurance benefits may be assigned without the priar written consent of the Company. Misreprvsentaflon and Fraud: Coverage of the Insured will be void ii, at any time, the Insured has concealed or misrepresented any material fall or circumstance concerning this coverage ar the subjea thereof or the interest of the Insured herein, or in case of ony fraud cr false swearing by the Insured relating thereto. Coverage far an trrsured will be void if, whether before or after a lass, the. Poliryholder or its subscribing organlzation(s} has concealed ar misreprc rented any material fact or•arcumstance cancen,ing this coverage or the ;ubject thereof or the interest of the Insl.rred therein, or in case of any fraud• or false swearing Ly the Paliryholder or its subscribing arganiza- tien(s) relating hereto. Add}Non of New insureds: All eligible, persons will be •a,rtomatically insured under this Policy. >:xamination Under datit: !t is a condition of this insurance That the lnsired and the Policyholder, as often as' may be reasonably required by the Company, will submit, and witfrln its pourer cause others to submit; to examinations under oath and will produce far examination all writingg~,, bco!<s of account, bills, Invoices and other vouchers, ar certified ccples Thereof if originals are lost, at such Yeasonable time and place as may be designated by the Company yr its representative, and will permit extracts and copies thereof to be made. No such examination under oath, exami- nation of documents or any other act of the Company its employees or representatives in connection with the investigation a>! any toss or daim will be deemed a waiver of any defense and such acts shall. be deemed to have been mace or done without prejudice to the Company's liability. Na Benefit to' Others This coverage wifl In no way inure diit;ctly ar indirectly to the benefit of any insurer, person or organization or other bailee. Subrogation: It is a condition of thL ;n>urs,ncr that if the Compan pays the hisured f>,r a lass, it will require the Insurt~{to a;<ign and transfer any Bairn or rigirtof action against any individual, firm or corporation for such loss to the Company or subrogate or hold in trust all such rights to the extent of Ute amount paid. The Insurod wiH agtee to take action as requested by the Companyy to enforce such rights. Upon payment by the Company to the Insured,.the tnsureci agrees to drrect enforcement of suet, rights as reasonably requested by the Company and tv return to the Company any recovery to the extant payment aF lass has been matte by the Company. ~A ?.Oln,~ Arbltratiar.: In the event of a disp to under this policy, either the Company or the Insured may matte a wri n uemand far arbitration. to that tare, the Company and the Insured will each select an arbitrator. Tire two arbi. trators will select a third. if they~cannot zgree within 15 days, either the Company or the Insured mayy rre~qquest that the choice of arbitrator be submitted to the Americen ArBitr'ation association. The arbitration wilt he held in the state ofthe Insured's brindpal residence. Gt~BAt T{tAVI:l~R'S H~~INE TERMS AND CONDITiC3Cd5 The Global Traveler's Hotline proivides Cardmembers and tfteir families a wide range of free travel assrs}anrx benefits. tt is np`rated by AXA Assistance USA, Inc. Vsit 6istover~ard.corrdtravel to learn inure. ECigibtirr'ttyy Yau must be a Cardmerpber wha;`h Account is in goad standingg, the Cardmember's spouse of de~enderft Child traveling with the Card- member or an Authorized User o, art Account in good standing. Third-i'arty Charges. Global 7ravcylers Hotline is not insurance, so you vrill be responsible far all third-party lees and expenses far service; requested, sud, as professional or medical f~es. Availability of Services. Certain services ma ~ not Be available in all areas. Call us at 1.604-t715C01lEtT (1.80qq•~47.2683~ for assistance or if you have questions about a specific destinHtian. Outside the U,S,, roll us collecE at 1201-902-3100. Whrle AXA Assistance will make every reasonable effort to provide the servitrs, rterther ~XA Assistance nor Ducnver Bank ar our respective affilia;rs will be liable if a service is not prcrrideri or for any services that are provided by third parties. 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OZ - V = fL = N ~ ~n3^ =3 ' - _ ~+= 0003 _ N ~ ~ ~ ~ __ m v~~$ F ma u o O ' o S m "' ~ Nooo o ~.+ s >'0 0 o p b i - - : O OI0 0 0 0 0 0 I 148779 i ~ ~ ~ I m ps s ~ '_''! ~ _ _ _ .--9- ---- 'i ~ Q --- 9Y --- ".- 2 ~ ~^ - - -- ~~ s --- __. - - - ---- oo.n~~ a_. a 2s -- q a°D N a s o ; = ~ Ts mga ° ' m ~ Q o ~ A ` o o na-3 < ~ vm° rv+mro m C7 n _' SO m v - m n u 3'~ ~° ~ ~ 08°~ 3 m~ m - o S O a Q ~ v 0 cc ~ ~ ~ ° c = 3-° ~ .a ''-vo ° n i Nr.<z ` (77 ~ ¢ u i ~ C ~ m v a c Q m ~ . mom a ° N ' Z ~ S N ~ '' 8 o vD N C n v-a y ~ W m ~ ..6 ~; c. o a" m a o Q In to n°? = o 3° ~<= > ~ m o~ °< ~ •e 8~ ~ 3 caC "G ~ p oo°go°o :°wa ~ - d ftJ Ut n=° O <^ MG? O ° 3 h u 'C ~ N -- p O O OU O 00~ W -gym ~K ,ro N t. ~Z _ o ~ ~ ° _~a~ o o n ~ ~ ~, of ~ ° ~ c a1 ~ = W 'D O «3 = °j oo 2 bo ep F. ~ u ? rt ~ O ° ° Qie r e - U o0 ~< a Z Q ~ m N ~ ° °' S " o e~ " n ' C p 3 Y °° u v ~ C ZQ ° Z? 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Mai;, oii the ,~ _ day of .~-.~-~rir~f _ ___ _ _ I -- 2010, Gpon the follo~~~ing: N[ichael .I. Swcene~y 1~5 iV[iiky Vt~xy~ Sltlppe6itiFillt'g ~i~1`!~ 1?~~5~] CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff s Motion for Summary Judgment has been served by U.S. Mail, Postage Pre-Paid, on ~hday of ~~(,~y1Q, , 2010 upon the following: Michael J Sweeney 145 Milky Way Shippensburg Pa 17257 ~^ By: ----_ Benj R i ler, Esquire Pa. .D.# 3598 We ,Weinberg & Reis, Co. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7648779 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK , Plaintiff, vs. MICHAEL J SWEENEY, Defendant. Case No.: 09-6641 CIVIL TERM ORDER OF COURT AND NOW, to-wit, this day of 2010, upon Plaintiff's Motion for Summary Judgment, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said Motion is GRANTED and Judgment is entered in favor of Plaintiff for $6530.36 with interest at the rate of 25.24% per annum from July 9 2009, Attorneys Fees of $125.00, plus costs. BY THE COURT J. WWR No. 7648779 a w ~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and suY,mitted in duplicate) ~~ /~G TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the w~-thi-n matter for the next aT'm~*+~~t C ----------------- aurt- ----------------- CAPTION OF CASE (entire caption must be stated in full) ~~ J ~vv Q ~ ~,~ (Plaintiff) f7 C 0 ~ .~ ~" VC . ~~: j--y r ~. ~ ~Z ~-'- . r N _~ ~ `~ .. 'd 1 _ ~. , .. ~~~ No. ~~`~ ~ Civil. 1_ State matter to be argued (i_e., plaintiff's motion for new trial, defendant's darnur~er to ,complaint , etc .) : r- C 2. Identify counsel who will argue case: (a) for plaintiff : ~'n aml/~ Aaaress : t~~ UCH K o ~ 1'J ~c~ ~ ~3tD ~~I~t1~ ~+~-sbu ~ ~ a~(q P ~ Pa (b) for defendant: Address: ~~s~ 3. I will notify all parties in writing ~,,Tj-thin two days that thzs case has been listed for arg-mPnt_ 4. Arg~nent Court Date: ~ 11~1~~ ~ 1_ ~ CERTIFICATE OF SERVICE A true and correct copy--yyo~~f the Praecipe to List Case for Argument has been served by U.S. Mail, Postage Pre-Paid, on O~•-~~ay of ~ L-C T ~ , 2010 upon the following: Michael J Sweeney 145 Milky Way Shippensburg Pa 17257 ~- By: Benja i ibler,Esquire` PA 9 98 Weltm einberg & Reis CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL J SWEENEY Defendant, Case No.: 09-6641 CIVIL TERM Vs RE: MOTION FOR SUMMARY JUDGMENT Discover Bank Plaintiff. MOTION FOR SUMMARY JUDGMENT -RESPONSE AND NOW COMES, my response to the motion. I Michael Sweeney (Defendant) am responding to the aforementioned motion and validity of this whole matter. I support this statement in the answers that follow; 1. Plaintiff claims an exorbitant interest amount and attorney fees that are unfair and baseless. -.. 2. Accuracy is based upon Plaintiff's opinion. ~ -~`~~ a a ~ ~ r-. ~ ; ` cam.: -~- ~, ~ _ ~. . 3. The filed true and correct copies are doubtful. ~`~ ~ _ ..r , x~ ' 4. No such paperwork or request has been delivered to me. '`'~= M = ~;~ r.- crx ~ 5. No response necessary if there is no provable documented request. 6. My only admission in this matter is that Discover Bank and their questionable representing law firm have put forth a good tale, but in reality they have dealt with me from the `Corporate Bully Pulpit' and have had their eye on a larger prize than they are entitled to. Discover talks about money owed to them and paid in a certain fashion, but Discover is the face of hypocrisy by accepting $1.2 Billion dollars in T.A. R.P. funds from the American tax payers to bail them out. It is also a travesty of justice in the fact that they are allowed to dictate the terms of repayment as where they are demanding and of little help to their customers. They are also the last of the credit card companies that has not paid back the money yet. This company and their law firm are also using questionable practices in harassment by contacting family members, neighbors and have hired college students to bother my family. In summary, these companies beg and pray for favoritism in this action, but if they were a decent group we wouldn't be wasting the court's precious time. I refer to the fact that I am current with my other credit card companies because they have worked with me to find a solution that would fit with my situation. I have been unemployed for the last two years, applied for unemployment compensation and food stamps for the first time in my adult life to feed my wife and three children. All during this time I have been fighting to maintain a normal life for my family and keep my home although it has been in foreclosure since last year. Some would take the easy route and walk away, declare bankruptcy or hide from these difficult problems. I have not and in fact companies like Discover Bank have an ulterior motive -trying to get a lean or more instead of working things out in a fair manner. Shouldn't this demanded and apply to Discover Bank and be a fair playing field? Since y, Mic ae Sweeney DISCOVER BANK, Plaintiff VS. MICHAEL J. SWEENEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-6641 CIVIL IN RE: DEFENDANT'S MOTION TO CONTINUE ARGUMENT ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ORDER AND NOW, this J24 day of August, 2010, argument in the above-captioned matter set for August 18, 2010, is continued to Wednesday, October 6, 2010, with the understanding that this argument will not be continued again. The Prothonotary is directed to lust this case for the October argument court. Benjamin Bibler, Esquire For the Plaintiff Michael J. Sweeney, Pro Se 145 milky Way Shippensburg, PA 17257 Am C'O&S n44. /cd 0-3116 AV- ?U w BY THE COURT, ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Discover Bank Civil Division vs. Michael J. Sweeney No. 2009-6641 a r.,, - ."ter ~„ ~ _...~ -~ o ei ~' SUGGESTION OF BANKRUPTCY ~~ ~` ~3,~=~ "v , " _ . ~_;.: ~E To David D. Buell, Prothonotary: ~ ~; -~: Please note upon the record that Michael J. Sweeney, the defer#gartt,,in tie 3 above-captioned action and Shannon R. Sweeney, filed a Voluntary Petition in~art~fiupt~y with the United States Bankruptcy Court for the Middle District of Pennsylvania at Harrisburg, PA, on October 19, 2010 at 3:55 o'clock P.M., which petition was docketed to 1-10-08507-MDF. PURSUANT TO THE PROVISIONS OF 11 U.S.C. §362(A), AN AUTOMATIC STAY IS IN EFFECT FOR ALL PROCEEDINGS INVOLVING THE ABOVE- NAMED DEFENDANT. CERTIFICATE OF SERVICE I, Richard L. Bushman, Esquire, attorney for the above captioned defendant in the bankruptcy proceeding before the United States Bankruptcy Court for the Middle District of Pennsylvania, do hereby certify that on the date set forth below I served the within "Suggestion of Bankruptcy" by depositing a copy of the same in the United States Mail, postage prepaid, at Spring Run, Pennsylvania, addressed to the parties or attorney's of record as follows: Discover Fin. Services LLC. Discover Bank Tames C, Warmbrodt PO Box 15316 6500 New Albany Rd. Weltman, Weinberg & Reis Co., LPA Wilmington, DE 19850 NewAlbany, OH 43054 436 Seventh Ave., Ste. 1400 Pittsburgh, PA 15219 Date: October 19, 2010 (;YVdI,! Richard L. Bushman, Esquire ~TL.C~) 16767 Path Valley Road P.O. Box 51 Spring Run, PA 17262-0051 [717] 349-7657 USBC PAM -LIVE - Vl/RSJON 3.3.3 United States Bankruptcy Court Middle. District of Pennsylvania Notice of Bankruptcy Case Filing A bankruptcy case concerning the debtor(s) listed below was filed under Chapter 7 of the United States Bankruptcy Code, entered on 10/18/2010 at 3:55 PM and filed on 10/18/2010. Michael J. Sweeney 145 Milky Way Shippensburg, PA 17257 SSN / ITIN: xxx-xx-3474 aka Mike James Sweeney Shannon R. Sweeney 145 Milky Way Shippensburg, PA 17257 SSN / ITIN: xxx-xx-3755 aka Shannon Rae Sweeney The case was filed by the debtor's attorney: Richard L. Bushman PO Box 51 16767 Path Valley Road Spring Run, PA 17262-0051 717 349-7657 The bankruptcy trustee is: Leon P. Haller (Trustee) Purcell, Krug and Haller 1719 North Front Street Harrisburg, PA 17102 717 234-4178 The case was assigned case number 1:10-bk-08507-MDF to Judge Mary D France. Page 1 of 2 In most instances, the filing of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to determine your rights in this case. If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page http://ecfpamb.uscourts.gov/ or at the Clerk's Office, U.S. Bankruptcy Court, Ronald Reagan Federal Building, PO Box 908, Harrisburg, PA 17108. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. Terrence S. Miller https://ecfpamb.uscourts.gov/cgi-bin/NoticeOfFiling.pl?206030 10/19/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 09-6641 CIVIL TERM vs. PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFIL:E MIC14AEL J SWEENEY Defendant(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7648779 DIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 09-6641 CIVIL TERM MICHAEL J SWEENEY Defendant(s) PRAECIPE TO SETTLE. DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF Cumberland COUNTY: SIR: Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records of the Court and marl- the costs paid- WELTMAN, WEINBERG & 'IS CO.; L.P.A. By: _ Benja Bibler, M-quire `` PA,' . 93 98 WELT WEINBERU' & REIS CO.; L.P.A 1.400 K. s Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 SWORN TO AND SUBSCRIBED before me this day Nov of NOTARY PUBLI l.CH ?F PENNSY Y_ANIT- Notarial Seat s?gaye W, 4y L. Gault, Nwta FC,jy of PS burO, ? asaF 7?? T-4 e ? T, DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA :.) r.3 V. ; j= C? rnM c" ?C- 72 MICHAEL J. SWEENEY, : = r- DEFENDANT NO. 09-6641 CIVIL C IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. r-? c. N BEFORE HESS, J., AND EBERT, J. ORDER OF COURT AND NOW, this 10th day of January, 2011, upon consideration of Plaintiff's Motion for Summary Judgment, after review and consideration of the record, IT IS HEREBY ORDERED AND DIRECTED that Plaintiff's Motion is GRANTED and judgment is entered in favor of Plaintiff for $5,816.79. 'Benjamin R. Bibler, Esquire Attorney for Plaintiff Michael J. Sweeney Pro Se Defendant CoP 1011( ?I at& By the Court, M. L. Ebert, Jr., J. I DISCOVER BANK, PLAINTIFF V. MICHAEL J. SWEENEY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-6641 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS, J. AND EBERT, J OPINION AND ORDER OF COURT Ebert, J., January 10, 2011 - Procedural History On October 6, 2009, Plaintiff filed a Complaint against Defendant. On November 2, 2009, Defendant filed a Response to the Complaint. On April 30, 2010, Plaintiff served a First Request for Production of Documents and Request for Admissions upon Defendant. Defendant did not file a response. On June 15, 2010, Plaintiff filed this Motion for Summary Judgment. On June 29, 2010, Defendant filed a Response to Plaintiffs Motion. Statement of Facts Plaintiff, Discover Bank, is a corporation with offices at 6500 New Albany Road, New Albany, Ohio. Defendant, Michael J. Sweeney, resides at 145 Milky Way, Shippensburg, Pennsylvania. Defendant entered into a credit card agreement with Plaintiff and as of the statement closing June 22, 2009, owed $5,816.79 on the card. Defendant has not made a payment on the account since October 23, 2008. 1 Discussion Pursuant to Pa. C.S.A. 1035.2, after the relevant pleadings are closed, a party may move for summary judgment in two instances: (1) Whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or (2) If, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury. Pa. C.S.A. 1035.2. A court shall grant summary judgment whenever there is no genuine issue of any material fact as to a necessary element of cause of action that could be established by additional discovery. Swords v. Harleysville Ins. Co., 883 A.2d 562, 566 (Pa. 2005). Summary judgment is meant to eliminate the waste of time and resources of both litigants and the courts in cases where a trial would simply be a useless formality. Liles v. Balmer, 567 A.2d 691, 692 (Pa. Super. 1989). In considering the merits of a motion for summary judgment, a court views the record in the light most favorable to the non-moving party, and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party. Fine v. Checcio, 870 A.2d 850, 857 (Pa. 2005) (citing Jones v. SEPTA, 772 A.2d 435, 438 (Pa. 2001)). Furthermore, in reviewing the record, we will accept as true all well- leaded allegations, giving the non-moving party the benefit of all reasonable inferences that can be drawn from those allegations. In re Estate of Scharlach, 809 A.2d 376, 380 (Pa.Super. 2002) (emphasis added). We find that summary judgment is 2 appropriate in this case because there are no genuine issues of material fact concerning Defendant's default status on his loan agreement with Plaintiff. Upon review of the record in this case, we find that Plaintiff has clearly established that Defendant is in default on his loan and has failed to make the required payment. There exists no genuine issue of material fact on any elements of Plaintiffs claim. Defendant's responses mostly consist of accusing Plaintiff of harassing him for payments, but nowhere does he present any credible defense or evidence contradictory to Plaintiff's allegations. A general denial is unacceptable and deemed an admission where it is clear that the defendant has adequate knowledge and that the means of information are within the control of the defendant. Ucci v. Fedish, WL 3398908 (Pa.Com.Pl. 2010)(citing Elia v. Olszewski, 84 A.2d 188 (1951). Defendant's Response to Plaintiff's Complaint only generally denied, and in some instances admitted, allegations in the Complaint. Defendant simply stated that he "den[ied] the claim by Discover Card as it is not a valid claim."' Defendant admits that he used the card and his statement that he was unemployed and "had no choice but to use it to feed my family" 2 shows an unfortunate situation for Defendant but does not create any contradictory evidence that he did not owe the money charged as stated by Plaintiff. His statement that "balance is not correct" 3 can only be interpreted as a general denial because Defendant provided no documentation whatsoever to show the supposed correct balance. Plaintiff, on the other hand, provided detailed itemized statements from October 24, 2006, through June 22, 2009, showing Defendant's 1 Defendant's Response, filed Nov. 2, 2009, ¶ 1. 2 Defendant's Response, ¶ 1. 3 Defendant's Response, ¶ 2. 3 charges, payments, and overdue balance, none of which Defendant specifically disputes. Defendant provided no evidence that he ever contacted Plaintiff to dispute the amount owed. Viewing the record in the light most favorable to Defendant, we do not find his statements that "balance is not correct" and "accuracy is based upon Plaintiff's opinion" to be well-pleaded facts, and we cannot make any reasonable inferences that he has established any question of material fact in this case. Therefore we grant summary judgment to Plaintiff. Accordingly, the following Order shall be entered: AND NOW, this day of January, 2011, upon consideration of Plaintiff's Motion for Summary Judgment, after review and consideration of the record, IT IS HEREBY ORDERED AND DIRECTED that Plaintiffs Motion is GRANTED and judgment is entered in favor of Plaintiff for $5,816.79. By the Court, Nk_? M. L. Ebert, Jr., J Benjamin R. Bibler, Esquire Attorney for Plaintiff Michael J. Sweeney Pro Se Defendant 4 DISCOVER BANK, PLAINTIFF V. MICHAEL J. SWEENEY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6641 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ORDER OF COURT AND NOW, this 14 1h day of January, 2011, it appearing that the Defendant in this case has filed for federal bankruptcy protection and the Plaintiff has filed a Praecipe to Settle, Discontinue and End Without Prejudice to Refile which had not been provided to the Court, IT IS HEREBY ORDERED AND DIRECTED that the Order of Court filed in this matter on January 10, 2011 is VACATED. By the Court, M. L. Ebert, Jr., J. 'Benjamin R. Bibler, Esquire Attorney for Plaintiff ? Michael J. Sweeney Pro Se Defendant ?M Ps Mai i? ;.? E? ;mom ?- a 7:5 - ?