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HomeMy WebLinkAbout09-8329Stock & Grimes, LLP By: Edward Stock, Esquire I.D.# 13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 DISCOVER BANK 12 Reads Way New Castle, DE 19720 Plaintiff Vs. AN HOW P. BEASTON 747 Erford Road Camp Hill, PA 17011-1126 Defendant(s) Attorney for Plaintiff e COURT OF cow" PLEAS CUM LAND C O(J"y, PENNSYLVANIA CIVIL ACTION-LAW No. C R - R3619 C," << Tem . 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 COWLAINT 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 TOE 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTYBAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-SW990-9108 717-249-3166 STOCK & GRIMES, LLP BY: Edward Stock, Esquire I.D.#62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 DISCOVER BANK 12 Reads Way New Castle, DE 19720 Plaintiff VS. ANTHONY P. BEASTON 747 Erford Road Camp Hill, PA 17011-1126 Defendant Attorney for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW NO. ©9- p3.? 9 cat-a CIVIL ACTION CO"LAINT COUNT I 1. Plaintiff, Discover Bank, is a banking institution organized under the laws of the State of Delaware, who maintains a business address of 12 Reads Way, New Castle, DE 19720. 2. DFS Services, LLC is affiliated with and is the servicing agent of the Discover card for Discover Bank and authorized to execute the Affidavit attached hereto as Exhibit "A". 3. Discover Bank is the issuer and owner of Defendant, Anthony P. Beaston, credit account under number #6011-0025-3034-4522 ("account"). 4. The Defendant, Anthony P. Beaston, is an adult individual residing at the address contained in the above caption. 5. On sundry and various occasions, Defendant, pursuant to an extension of credit to Defendant(s) under account number (#6011-0025-3034-4522 ("account")), used the extension of credit for purchases and/or other forms of credit, which credit and its terms is governed by the written Cardmember Agreement attached hereto as Exhibit "B". 6. The extension of credit, as designated above, to Defendant(s) was made in reliance upon Defendant(s) representation for repayment of the outstanding balance on the account. 7. Plaintiff believes; and therefore avers, that Defendant(s) last payment was processed on November 20, 2008. 8. The present outstanding balance which is due on the account is $8,897.62 and, although repeated requests and demands have been made upon the Defendant(s) to satisfy same, the Defendant(s) is/are in breach of the agreement to repay the account balance, and still refuse to pay same. 9. Plaintiff attaches hereto as Exhibit "C" a true and correct copy of the last monthly statement in regard to the activities in connection with the Defendant's account. 10. Plaintiff has sustained damages in the form of attorney's fees and may request reimbursement of same pursuant to any written Agreement. 11. Plaintiff, through its counsel's investigation, has determined that the Defendant(s) is not in the military service. 12. THIS COMMUNICATION OF PLAINTIFF'S COUNSEL IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, Plaintiff, Discover Bank, demands Judgment against the Defendant, Anthony P. Beaston, in the sum amount of $8,897.62, plus reasonable attorney's fees, pre-judgment interest and costs. COUNT II 13. Plaintiff incorporates by reference paragraphs 1 through 12 as though detailed at length herein. 14. Defendant, by his/her use of the extension of credit, received the benefit of the extension of credit given on the above referenced account and has failed to make payment for the receipt of said benefit. 15. As a direct result of the receipt of the benefit of the extension of credit given on the above referenced account, Defendant(s) have been unjustly enriched in the amount of $8,897.62, to Plaintiff's detriment. WHEREFORE, Plaintiff, Discover Bank, demands Judgment against the Defendant, Anthony P. Beaston, in the sum amount of $8,897.62, plus reasonable attorney's fees, pre-judgment interest and costs. 11-m? DATE: EDWARD STO K, Attorney for Plaintiff VERIFICATION The undersigned, EDWARD STOCK, ESQUT hereby states that he is the attorney for the Plaintiff who is located outside this jurisdiction and in order to file the within document in an expedient and timely manner, he is authorized to take this Verification on behalf of the said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, based upon information provided to him by the Plaintiff. A Verification signed by the Plaintiff will be provided to Defendant or counsel for Defendant upon request. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. EDW , ESQUIRE EXHIBIT "A" ATTORNEY: ' STOCK ACCOUNT NUMBER: 6011002530344522 BALANCE: $8,897.62 CARDMEMBER (S): ANTHONY P BEASTON STATE OF OHIO COUNTY OF FRANKLIN Nicole Rose, personally appeared before me, this day and after being duly sworn, according to law, upon his/her oath and says: I am a Legal Placement Account Manager for DFS SERVICES LLC., the servicing agent of DISCOVER BANK, an FDIC insured Delaware State Bank. THAT this affidavit is made on the basis of my personal knowledge and in support of Plaintiff's suit on account against the Debtor(s) THAT, in my capacity as Legal Placement Account Manager, I have control over and access to records regarding the Discover Card Account of the above referenced Debtor(s), further, that I have personally inspected said Account and statements regarding the balance due on said account. DFS SERVICES LLC. maintains these records in the ordinary course of business. THAT the annexed statement of account is a true and correct statement of what is now due and owing Discover Bank on the account, and exhibit A is a copy of the Cardmember Agreement between Discover Bank and the above referenced Debtor(s). The Cardmember Agreement governs the terms and conditions of the relationship between Discover Bank and the Debtor(s) in connection with the account. Based on my review of the account records, to the best of my knowledge and belief the above referenced Debtor(s) is not engaged in the military service of the United States and is a resident of the State and of the Country in which this action has been filed. I declare under penalty of perjury that the knowledge. forego' g is tru and rrect to the best of my Affiant slism HARVEY Neletlt Paris, SMe d Obb vic"idmao" June 2% 2012 Sworn and Subscribed before me, This day of Tuesday, August 18, 2009. EXHIBIT "B" YOUR DISCOVER' CARD ACCOUNT CAROMEYIi M AOKEE#M MT ................Pages 1-13 Iii terms.' and conditions" of your Account,. including how we calculate floance charges, our fees and an , Arbitration of Disputes section. You have the right to reject the arbitration provision with respect to your new Account Wthin 30 days after r,ecelving your Card, as explained in the -Right to Re W Arbitration- section at page 12. PRIVACY POLICY ............ ftes 13-16 A summary of the 'personal information we collect, whan it may be shared with o0mrs`and how we safeguard the confidentiality and security of information. You may limit our sharing of such information with others as explained in section 4 of the Privacy Policy at page 15. BILLING RIGHTS .......................... Paget 16-1T Important inforynetion about your rights and our responsibilities under the Fair Credit lIfiling Aft DESCRIPTION OF COVERAGE .... . ..........Pages 17-25 The terms and conditions of the Scheduled Air Travel. Accident Insurance and the Secondary Rental Car Collision Coverage that is provided at no charge to you when you use your Card to purchase airline tickets or rent an automobile. GLOBA> TRAVELER'S HOTLINE .: .... . ...........Faye 25 The terms and conditions of this free travel assistance benefit. TL20A.0508 06D000_05B01_Tu0AowaJWWd 1-2 - ?.rv?vlric?nvFn c?w?? Please reed this AytearneM omh* beef aces using YOW Disw"A Card Amount. It tongs the teraaf and Of your Amount, some of VVfllLfl Mly haw 1 _ 131 to yOU. M the avant of any > %Rn es, t*,,iwgtl?4trhl o Nle your pdvaq. See dNi Prhrecy > ;i # our Privegr for addftlorsel _. lha of non cn pages 10 lpclud* a ' of i t mtarir of 1M to a trial, =71 aatpiy! d?thepreadnn?e ycw must ydv to t1+e ilratkn of DNputes' sedbn. DD1NITIDAIS 2 , aLj A cep it of Chi Agreerrkrit .. 2 Permitted Use3 ofYQp??r Ao[ount 2 Profited Usesof Your Apcow ... 2 Purchases and Cash Mvat win Foreign Currencies ............. 3 Cash Advances ... . 3 BMMu ce'tiansfers, ... .. .. . Credit 3 .. .............. Autoted Users. ..... ..... . .... ............ 3 unauthorized Use .... . .. . Your Credit Lines 4 MAID NG PAYMENTS... .. .......... 4 Promiso to Pay .: , . .. .. .. 4 MonI* = 4 Mo A mum Mond+ . ...... ........ 5 :. 5 (jre capes .... .. ............. ....... FINANa .... ... .................... 5 CHARGES How W4 Calculate Periock-Finance Charges....::...............5 How* CafariateYour Balances , ..... ... .. 6 Aver* Daly talanteMethod ....................... 6 Varf" or Fixed Interest Was .... ... .:. ... 6 Default Reties ...::.......................................... 7 Cash Advance Trpsac* Fee Finance Charges .::............... 7 Biwa Transfer trroction Fte Finance Charges ... 7 Minimum Finance Charge ............ ...... ..... B. FEES. ........................ ....... 8 Late Fee. ..... .................. ............ 8 OvedSmit Fee .. .... 8 R"imed Pay yWn Fee . .... 8 R#twW Disccier Card Check Fee ... .... . • .. 8 P Fee............ R?.: ...8. ............................................ 8 DEFAULT AND CANCEUAMON. .:...............::................ 8 T Default... ...... .................::8 of Default .... ... .................. 9 PRIVACY AND OUR COMMUNICATIONS WITH YOU .................. 9 O Repo" to Cre&t ur Privacy No, .. ... , :, . ...... 99 .... Our rtamications 4h You...:.. ........... 9 Releasir? informe8on About Your Aaounf ........... ............... 9 Electronic Notices to You ................................... 10 08D000_0510V-n20A0506J Wd 3.4 CLAW AND DISPUTES . Your .. i ... Informatio. ............ 10 Merdtant Disputes. ....... .......:........................10 Claim Notices . , , . .. ; 10 Arbitration of D' .. . .10 Runt to .. 12 LEGALA _ OF THIS AGREEMENT . tZ t1 CompHet<e with Interest Rate lmmkatlons ....12 A5? OF Law. ACCQ f: . ; . ............. 12 CHANGES.To THIS AGREEN14iT... , ... , .. ............... 13 DEMOTIONS 'Acccuar moiens Discover Cprd Acwrant, ' meat arty whom you authorize to use your Aaorinnt or a rlitiether you tit dr not. 11Wmeatsany one ?or more DlsmverCards issued to you or someone else' issgqnngg s Fin'?? the ? ant at oyou Account The Card Pricing CIwge rates ance Sc le s part of t eerrrent ? g ''.'ac' and 'our' refer`to Discover Bank, the issuer of your Discover Card. 'You," your' or 'yours' refer to, in addition to you, the Cardmember, arhr other person or persons who are also contractually liable under this Agreement USING YOUR ACCOUNT Your Accepgmnce of this Aynamgrd. The use of your Account or a Card b you or an Authorized them; cur *r failure to cancel your AccWnt within 3 after receivinng a CBnd, rags you a this Agreement, including the of Disputes sects on 10. Ybu may, fwwever, rejed the ed on page it Arbihtfon of Disputes section as ail Permltted Uses of Yow AccDwt YoW Account may be used for. • Purchase to purchase or Jesse goods or services from participating merchants by pr your Card or Account number or by using promotional decks, wilid7 vie Homy famish to you, in accordance wftfi' such additional terms and conditions as we may offer from time to time. • Cash Advances - to obtain rash advances from participating automated teller mxhlnes5 financial instftlltfprs or other locations, the purchase of lottery tickets, racetrack wage s, vouchers redeemable for cash or for dtim money orders trav+dkra clacks, savings bonds, foreign cwrency gild wire tram, or by meads of checks which we may fumrsh to you, all in acoordance with saki additiona I terms and conditions as we may offer from time tp time. • Balance "Itansfers - to transfer balances from other creditors or to make other tram by means of balance transfer coupons or checics, 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 par ipatl ng establstnrmmntt. You be liable for guaranteed reservations that are cwt cancelled prior to the Urge specified by the establishment Your Account map be used for personas milt' houseltotd and charitable purposes. PmMbibd Uses of Your Account Your Account may not be used to obtain -2- loans to piudnase carry or trade in securities to pay any arrnottyo.u. owe. under this Agreement or for any transactions that or; unlawhA Mere you reside or where you ark loceaed when you use the Account to initiate the transaction (" ltarnsactions`j Nrcl`"M and Cab Advents lea n Cow-4m. We conven purchases and cast, ad+ aces made a agar to UI dohrsrue the non rate used by lfisco?ei I fO ell 0* trAracdon in w,adance with Dk6W Ne1lYbrh pro Cln'r ; °Discover Network uses a gbvixhrnent mangled matt a goremfnent lIshed rate x the interba * aft V rate, ilapA WN on the country and currency. ?egardless of s0^ the r4* usrid * be the rate, in effect on the date *AW Ne6Mork processes the lransaceo or #% prior buss dAjt f?on the time recalw 4 ll'arsacouns in Ch1na are converted at a ate on the date of thetraction, >eriodicaly offer you the opporhatit3r to make balances Babnce trams to the it sl rrta are retheferrediniti to as rate beiaisoa tre balenge u?for vrhnicn al sp"l rate has expW are referred to as purdw rate balance transfers. attempt to transfer Each offer will contain an ern datF"d"wevAltreatthe balances by mom of a d>edn attar tfle trwaactim a3 a cash advance. We ke Wince transfers attempted by means pf a coupon after the e+00on date. crw* Audrori,atNons. Ctrtahs WW W% will require our authorization prior in same osae, you map be asked to Ovine e ? the **r;ot 1`o alIlhp(iae a transaction for security or ottwrttdi m Ain 9 Our authprinft *3rn is not wr>ric ng, we may not be able to authorize a transactiot, We wit not be WA to you if any of these events happen. Audrorieed Uaao. ff you want to cancel the authority of a current and d" any Cud In & Amxsrmt or # I ? tr ctify u d s by teladraoirw f?OD t #rorbvw tSv DrkovverCard nest (other vim to arnounls ov*M nay be used by any; nat a party to that OdN pursuant a power of m without our separate written agreement (which we are not UnaudwWl Use, Prior to its use, each Card must be signed by the person tD whom It is issued. If a Card is last or stop or ff you think that n someone Is usfng your Account or; Card without your pernrrssron,otifii us immediately. You can notify us by telephoning 1-804-DISCO -3- 08D000_05aOILTL20A050a.hdd 5.6 (14M-347,383), or yy writing D&overe Card, PO Box 30943, Sale Lake Crti; UT $+t130-094?'. ?fou a reieto assist us in determining to facts relating to any theft or p unauthorized ust of yqur Account or a Card arkd to comply with such procedures as we may require in connection with our investigation. Your CmdIttinaac. We will adyio you of your Account credit line. We may impose a ?that w>n to cash advances referred to as the cash advauaoe a pn! M ma?? Woe is a lower ** that will apply to balance transfers, referred to as the balance Va ns*e &edit line, You agree not v dibw yv? unpaid baianee, Including Finance (urges and td enKead your crept line. If you exceed your Account credit , we may retest irrkdedlate payment of the amount by which you esaceed your AccofJnt aedIt lime. We rr* ir?crease or demase your Account credit line, your cash advance or yota b+i a ceedit Gne w W rtotfos. The aedh available fa IMW use f to lane, be less than Your Amount Qed fiot purpas Pf del crwe reserve the to. for alp 1015 ww?wppaaaa payment that vie moilr avapabl! balandd f? ithoc t of any credit will not be inrTer7sked by the amount of any credit balance. M"M PAYMM Promise to You agree pay us in U.S. dollars for all purchases, cash aadvanoes aaxfa afar s inc idinwp applicable Flnerkoe Cha * and useer ' re kwdared by'you or amvgne you authorize t pern to use your or a Card, iven rf you ddoo noott us that othea are using your Account or a Card. If you pay us in other U.S. dollaas, we may refuse to accept the payment or dl??e your Aunt our cost to convert to i1S, dollars. Ail die must be drawn on funds on deft aithi Y1, You may not use a cash advance ch cl , balance transfer dh edc or br any other pronrotiaaal che& drawn on any Dh6ver Bank aedt amount to moire payments on your Account, if your Account is a joint Account, eadv of agrees to be flable indivldlaally and jointly for the a Ere amount crm on your Account. We to accept kft nurats or or ducks and money orders mares ppynterat in wlcrotlNr mttrictl+u endorsement withok let bsikg away of our A" under fhla A`rmna?t t YJe will send you a bilkrwg er each period in which you have a debit or aErIngiE unless we'w*e our to do so as palmitt?ed by law. The 1 nt wily sh ow a8 punt ra' h advara?s, balance tune ?amce Charjes and other cf?arga or tees and all or other uedlts postetl to your other t the pA A"IM,show your Now Balance, Payment Due Ike's*%*rAA rnent Ae as of the end of the bi period, Ra if ryourw prior monthIs paayplont $ q t reed unpid, your requir Minsnvum ynaerrt flat The hiQfwer than shown an your bk Nirag statement Seethe Minimum Monthly Payrrsent section on page 5. MwAly P pwit Options: You may at any time pay the entire New Balance showrq on yoyr bang swemernt but each month you must pay at least the likii ruin Payment Dire as described in the Minimum Monthly Payment wdon, Allpayments antra be made in accordar* with the terms, including the payment cutoff ** stated on your monthly billing statement and we wail credit your Amount in amordance_with those terms. In addition, we reserve the right to change those terns without prior notice as pemtitted by lave . AaaWv& Virg Arranagements. If your Account number andlor Card 4- expiration date changes and our records h4cate you rive autdmatic billing estalfted Oth a merchant we vAl attempt to provide your, new Account information to that merchant; To ensure uninterrupted biting, we recommendthatyouveriafythemerdkanthatyourri"Amounl haform bon. You, directly H you do not wish to continue the How fya Apjdy Pasl WiL wa will apply pW ients and credits to the New Balatnci # oft ors your current brig statahaunt in order of the Annual Percentage 02% to the balance of each trans+ct (as == invest to referwfmd in f?; Anance vNith the barience to tlwe Percent age We than payments and 4o ft tp arty new bans *nt the! same wo liA the r4ft-19 payments and hi balancer+avith ' ,. i+tlaiVventage ?>pba?nteswith tourer Ararat *Mft* > . such as vavhaan there ire tvr0 Mai spe4ial rates apple" to yotx fount and the Wff Annual Percentage Rate will before she AmuaI Percentage lEaekk. MtxrWy The Minimum Prryment Due each month will • the N_" eaiaace if it it less than $15; $ 15 if the Now Balance is $15 or more; or • any past due amount rilus toe ol, Of • 2% of the New Br pt ( current Per+odit Finance 0"es; Late and Overlimit fees) rounded up to the nearest dollar or • aarrer Periodic finaro C}Iarges plus Late and Overlimit Fees plus $15 (not to exceed A of tfie New lance) rounded up to the nearest dollar. We may also include some or all the amount i?.which you exceed your Account credit line. If more than 90% of your New ,aknce consists of specW,rate balaraee transfers, we mvAat our 6cretion increase your Minimum PaymentDyetoamax0numof4%ofthethewBa6Ifitwould otherwhl be"less than th4 y?e may subtract certain fees to calculate the Minim m Payment Dye. The l?n'unum Parymerwt Due will new exceed the New Bafanci Payarg the Minirnursn Payment Due be awsuifici" to bring your Account baiand? bawiow your Accamt credit One and, consetnwarktlw not avoid the imposition of an additional Qverrrmit Ne d6mbW In than Fee section: SkipA-" Am V% may from time to time allow you to not make a mlydrnum monthly payment and YA notify yoy when this option is available. if you take adwnbgi of this offer and do not make a minimum monthly hnerwge anti cry appii "fees will cafe on our In aaordanee t3dt ate, and you must pay the 11 Minirr n Payment Due for the rig-banPeriods. Cie* 'rakrrraae lNe f refund aryl a wk ;pfaiance within seven buskin days from rectlpt of your wrltCer? reVOL if you do not request a ref?md we will Tefuid aedk balancer greater than $ I that remain in your Account after FINANCE CFABCES How Wes Uprrte Periodic *wtoal CIn* as, Periodic Finance Charges are imposed on A lransaatiors from the date the transaction is posted to ya,r Amount until the date you pay your entire New Balance, by makkakq payments or receiving aeft Howevet if you paid the New Balance on your previaas billing statement by the Payment Due bate shown on that statement and you pay the Now Baknce by the Payment Due Date on your current billing statement we will not Wpm kriodic Finance Charges on new purd?ases, that is, purdtases firrt appearing on the parent statement. 08D000_0580K_TL20A050GJndd 7.8 We calf this the "grace period:" fiery is no grace period on balance transfers or cash advance, We sort your transactions into groups of purchases cash advances and balance transfers and then further sort the transactions within each group by tf* Annual Perm"age hate, for example, purchases sub` to a promotional rate Anil ,purdwes subject to a standard rate would be separate groom. %* rain to ttxse proups as transaction categories. At the end of each bi ftg pfd W! ba?rxes end Periodic Prance Charges for each day of the bgl'mgperiod fort each transaction cabegpry. We use the ollowlrg equation to compute Periodic Finance Charges for eadf transaction category. Average Dally Balance x days in billing period x Daily Periodic Rata. (You may refer to the i( once charge sumrrrary on yyoouur billing statement for these arnwAs.) Then v#* add up the Periodic F#Wce Charges for each trap #*R uUegpry to get the total Perfodk finance charges for yW Acc%#k a Uly lWame is sho as zero if, because of the grace pi* no Finance Charges apply to the balance in a trans-. action category. 1\ How We Ca wkb Yorg9elem:oL We compute the Average Daily Balance for each traruac6lan catApgy?by adding up all the dory balances in a Uri period for a trarsfrC* otegpry and dividing the total by the rein: of days in the bi qy& *4 compute the dally balance for each tra4action cate"y 01 day by ikst adding the g to the previous days tidally abatence: transactions made day, fees charged that day and Periodic Fhsance Charges accrued on the previws days dally pa?rxe; and by then subtracting suedits wW pay ni" that am=& s first the balance of the i ore category on that day. in the de - balance for the previous billing period, we corrsidar ttie 'prewots des dally balance` to have been zero on the first day of the bil ?riod a trarysadtiorh is eel to your Account after the am' of the bbl period in whkh it &cur Yoe Will treat the transaction as having occurred on the first day of the billing period in which it is posted to your Account, Ail fees charged to ynra Account are added to the standard purchase transaction clte the excaption of Cash Advaro Transaction Fee F woe Ow es i a 'added to the aW6 ble caste advance transactibnr gory ifrtd Bafasra! Trarufer Transactim Fee Fnam Charges which are to the applicable balenae trarder transaction When the special rafta pir% we move the unpold balance of the b transfer and the ealaneprlmwW Transaction Pee Ffnarxe Quar - to the starxttrd purchase tr"actiorro?tegory: However, if the spedaf rate has. been termirghted order the DefauR Rates section, we leave the unpaid balance, of to balance trwAr and the Balance Transfer Trarw¢tfon Fee Financa Owges ley tfle appkable balance transfer transaction category until the special rate *ould have expired. Ayarage Deily Bohm Method. We use the twocyde average d*HV w" new ' sactions) method of raiwratkag the balance upon which we' pose Periodic Finance Charges. This means rfyou did net ppaeyy the New utaown on the billing statement you reserved during ttaeprsulatu the Payment Due bate shown on that statement, wgl h"- k&&, narxe Charges on new ppurdxses that first on that bang statement as well as new P rtysar that first at ear on the currentbi?alg *tdrnent, unless we already itrhposed Periodic rnarxr Charges on the purchases on your previous billing statement; Variable or&ad hrterest Rates. The Daily Periodic Rate and corresponding -6- OeDOOO_05DOK-TL2oAO5oe.indd 9-10 Annual Percentage Rate that apply to each traruaction category are either fixed rates or variable rates asset forth in your Arising Schedule or in any special offers you receive from us, The Dally Periodic Rate is 11365th of the cWupm ing Annual Percentage Rate, Variable *wal Percentage Rate, are determined by adding a sppolfed number of percentage pants to the Prime PUte, This a this AApr grrrierrt, tfnrra Rate the hrcenta" K Tate of kroerest Bested 'prinx ikt- In the Arloraey Rates sec or-o f N MI/ Sft # !amyl on the last bus" day of the m?The Prone Rate is merely a prldN kxW and dw hilt represent the or best interest rate avaBable to a borrw* at any bank at wl glum tirrrre. If you have a variable rate, your Annual Percentage Rana wtI ham or decrease when the i? Rase fits will 6e effective fine with the first day d the perioll during the same rrcx>th as the Change in the Prince M Oidiase M the Annual Percentage Bete may fr?creasayour tAlrurrrum Payment Dias. Default RataL Each time you do not make f eq k* wit on *ne and xkn - you oo.ped your Am%W cr eel ieaa twelve mart; period, sve wR) irrcraaae the standard ANttALARGE RATES for Xlham and cash adove es to fbied rates,; OP to a m kmum of 3f?99% Default Rates';. lur N* on balance transfers or W end and a Def N* it Rate We wAl base your Dc e ton n wors sud, as yr I current purchase APR your payrrwnt Aft us • your PM"wfdr other lenders Any Ino'aased rate *4day ye ' wiR?y begriming with the fist day of the N ft 1 rn k (A eve ?d not receive at least the M imum P OW by tho payrltettt Due Date or f'u) you exceeted your 'An4puM for the satond ** In a toyOo mono perio4 ff your sterldawrl Percentage Rates was hkrwW under thispr c any p pr ks ? Of ? t ? at Rakes se*n and fat tn leif p anw by tend 109 3f* your Annual F*ds tags Rate for your new purls Will be ra&OW Annual PeMttage Elate for your RaaNg a" with theft clay of yoautterthArituabiling period' Cash AdvarrK+a'flsnacion fee ft we t]wgaL Unisa otherwise specified in a a#r advance affect, %e will dwpe you • Cash Ad atue Transaction Fee Rnarxe Charge of 3% of the anraaatt of each new cash advance with a minimumcam pdwroe Cif CHARGE of $5 and no maxanum. Tfie inr of Cash , 7tata:?LPee France charges may result in an AWAW Rate for rash adrww that is higher than the nominal Antyugl Rate. All forms of rash advance, the use of hlsw w Card dwks, regardW of the purpose for aces wWe to Cat Advance Transaction fee Finance TO, e uW Rwa Charge op cash adwneex for each blik we add any Cgrsh A&" Tr&4c%n Fee Fnance Charges for the WlIr4 WW. Chat* under this section to any Periodic Finance Charges cidaifrpW WRW the l wW& Fhwa Chargessection for each cash advance. trarssadw category and add up too amountL Belonce TranOw TrwAw& l FM firnnoe Char9w If the balance tram offer you receive contains a Bilaraa Trvd* Transaction Fee P'rnance Charge, we vAll charge you a Selma Transfer Transaction Fee Finance Charge for the amount of each balance tr>tmW trade under that offer if there Is a Balance TrareferTransactioi Fee Anahc Charge in conjunction i with the offer you recehretl when you applied for an Accoua it will be in the amount set forth in the Pricing Schedule. The imposition of Balance Transfer7ransaction Fee Finance Charges mayresult in an Annual Percentage. Rate for balance transfers that is higher than the nominal Annual Pwten ?Rate. o ot?tain the total Finance. Charge on balance transfers for each od, we a dt9 any Balance Trxuferrrartsactiort Fee Finance Charges under the PeriodK Fence Charges''secdon for each balance transfer trarttadtort category and add up these amournts. Minimum Finance Charge, * will charge you a mWimum FINANCE CHARGE of S.50 t any g period in which some FINANCE CHARGE of less than $.50 would otherwise be Imposed. FEES Lace Fee. Mk will a late Fee if you have failed, as of the. Payment Due DateL,?r_rrs4 Payment Due that wa; required to be paid for that bar The amount of are hate, Fee' h based on the?sulrsg? Af o all ther fees a ifrer? 4fthe?bfl?here didif the sum a 5250 ee is $ i9s if it ? greater than fee is S39. Over&* Fee. We will tharge you in Overlimit Fee each time that, as of the close of AM period„ your outstanding Amount balance exceeds Account credit rte. This fee may be chargelt even H the transaction causes you to exceed ypur Ammtmd verist time is author' W by is or if you emceed your= OUR lira due in the fees to your The am aunt of the ()wdfi ke bared on tt* wm of all ng pird ases„ cash advarsces, balance transfers, other charge fees and France ages at the end of the bifQng period,liff the sum is squat door less than 4900 and you exceed your credit fine, the Overlimit fee rs $11 if the sum is greater than $SOD and you exceed your credit Fine, the Overt Fee is $39. Retuiostl Payment Taw We will charge you a Returned Payment Fee of $35 each fink you pay us with a cheat ix other instrument that is returned unpaid. This fee nail also apply If a debit transaction to a deposit account from which you have audwiUed us in writing, electronicalty, or orally to periodk&Ry, deduct all or a pert of an amount you owe us under this Agreement k regxned unpaid. We will cnarye you this fee the first time any payment is returned unpaid, even if it is paid. upon resubmission. Retuned Discover Card Chat Faa. We will charge you a ReWrned D'iscover' Card C?aeck Fee of $35 each time we dedine to toner a Discover Card ash advance check balance transfer check, promotional purchase &adc, or otherpromodonaf check. Pry-By4hm FN. We mayy iron time to time allow you to make payments by authorizing us over ttte to transfer or per funds from a deposit at?oieht to your Aftuwifl charge a Pay-By Phone Fee of $10 for each sucrtratmfer or payment ` Roe nh Fat llM'e may dare you a Research Fee of $5 for each copy of a bilk statmnent or sales slat the you request Nowew, we will not durge a fee if you request o6pies in tw"don with a billing error. DEFAULT AND CIItIC111A M Types of Dahill You are in 6%u t if you become iuolvent; if you file a petition or have one filed against you, if we have a reasonable belief yyoourr a?re ur4W or unwilling to rTaY your obligations to us it yyou are declared incompetent by a court or i a court appoints a guardian for you or a cmurvatorfor youram% if dire; if you fail tocorlnply with the terms of this Agreeir dent, Including failing to make a required payment when due, exceeding your Account aedif line or using your Card or -8- 090000 05B0K-.T1.20A05M.indd 11-12 Account for a Prohibited Transaction; or If you fat to make a required payment when due on any other account you here with us conequerron of Default If you are in default we may declare the eritire balance of your Account immediately due and p*abte,Wth ngtim k we refer the collection of your Account to an actor?e?r or employ an attorney to relxesent us,+vittn regard to remvety of money diet you owe 4 we may charge you, reasonable aW court or other cActiorn costs as permitttd by law arul a3 fees actually incurred by us5 rdlrg fees and cats in corx?acthon with arty ate. Uf+e d enforcing or not epforce any of our rights l?r ttnfs Agreement Wirt kafng or wo; viv any of them. Cron. You cancel Amount'by niotido us in or l by ? very 00 - ur= that we o9d rung of can MWLIMOC (1 111347 2lYf) or by Y ttlngu Drspaw C*4 Salt I akq LI'T owe 39t3a. Of ? to of ft A0 N*t =9, Pqo?unt Is a At<ou?,tardrmett; mo*yi grn[!t re but you MI '? respiwaUe' y moron ° to is aaordky to the terms AgreenrerettoManangel of suspend yota Amount A any time without rock!, ft may dioo" not to renewyor?r Account (.beyond the elapiratar dale shown an the face of a Card) vvi?ut notke, You must return any carrier unused chedrs to us upon rreeqquest. P18NACY AND CAWRt VI N WITH YOU Our Pantry poky. M ,may from time to firm! review your credit ? and income record& We the ptiwcy of information about you and your Arcour>t Our Prtuut}r; hxirdes # s of the when tt shKid wtt8 odd how urfortnadOn we 0161164 va so and the +arsd SODA* of OfarinatlOri and the steps. of such aifot tlori wNh others. Please you may take to limit our sea- ing read it car;h* as it is Part of your Cardn+ernber Agreement. Repo ft tp Ct Aqv Wn As ind'Kated In our Privacy Poll* we may report tou sporting and other cetttors the status and payment history r>f)our'Accouaht? negamaedk information.. late payments, misseid. pWmit or ofhardefadits on your Account maybe reflected in yoirr cte?t roooi t. v* rWiilly reW tno such credit reporting acies each morn h If bel) * (had our report of Account status gen ine, write us at the 1g address; Is lnaazrate or D Card, PO Bair 5316, l DE 19850-5316 indL* your name, address, home teieptxne iutrnbqr and Amount number. Our Cawmrimdo v with You. Our pwwrtet may listen to or record We one calk between you ad n our mo so tithes Othout addifj Ml notice to you as permitted by law. VA may use any me*am, rocks m but not limited to mat live telepHone autamaled tle?hone egr- neat, prerecorded d M%kne CAN e-ml maytI 106 to your cal phone to contact you about yoW Acmint or offer you pfoductc or services that may be of value to you, if you not w be contaitsld In one or more of thm at Db*WA a ca fO 8m?t l S3S41Milt>wrplon, Di: ) or write to us,. R*w4IaforrnatlonAbbutYoOaootot We petwiide various methods by w kh yyooiu? can obt*i inksrnliti about=yout ABM We will only release such infamadan to yosr, any Au ud tl;er thatour records ihkM is an authorized bxuyer on yocr Account and any other person with your prior peon in atltlai to as provided in our Privlrgr POl'Ky or as required by al w. Ourr sew>ily measaes cannot iroune against urwutbarized inquiries: You agree Shat we willnot be resporsfble for fttelease of information to anyone who, even H without your authorization or *mission, has gained -9- ! ` possession of a Card or has seamed other identifying ehara4erispcs about security = personal identification number, Account number or social Electronic i co m to You. We tray offer you the oppElu ' to receive certain nobles from us of v*iicaky rather than the may, including monthly billing statements and 64 .We of notices,The terms and conditions for receiv4 these electronic communications will be d6cribed in the offer, Na'daes - Chwgm to Your Inkwrigidw If you change e-mail addrest, making addreas or telephone nsrnbery must matt' of your new ?y a#ess or fit 14? I' days You can Trout' is t MIM, 2683) or M+ gW Card PO BM 3ft Soft Leine U ' 84I i3 If your A s a Jdnt at? Account any notice we IWI tc. an eddy you have pr(Mded for the Account serve as notice to Caestnsetni>ers CLA1111050P DOM NWrdserK i>kprstes. We am not for refusal of anyone to accept or hugnor a raid air to accelyt vee Prouidpd You If 6 merrhantfails to piovi'i?e your pruduse to gar and you request a cued t to your Amount, we vvkl ate O,=1 he dispute. If we resolve tine dispute in your f rvgl we will!me a v t your Account and you will be derrrred to haws aldgnad to us your claim against the merdnant ardlor any ttsird r4 for the credited amournt UpGn our request you agree to prn±ride us vitro written evidence of such aselgnment Claim Notices. in the event that you or we have a claim that arises from or relates to your Account. account You ttaQ vdth? us, apple-" cation, the reladorld* y?rewlt from your A=mt or t enforce- abriffty of the Agraerrwrtt or' airy prior agreement, before bitiaft {oinkig orpa rbdpating hn airy or arbitration proceed' as etthet an lndlv'duraf #tigant or of a class ('Proceeding'), arse compitin" parrV shall give the other pp?olyy (t) a written notrar of the claim {'Claim Notice"), at taut 15 days before alfiatmg aty Proreidirng explain in .reasonable detail the nature of the claim, any supp g fads a (2) a reasonablegood firth opporp n to ru>SOhve the dapim w) out the necikity of a Prcoceeding. isTfi ?ar?r chums involving out parent. corporation, su btldiarks affiliates (k>e?rng, without limitation, OFS Suitvkes LLQ prMace 'ors suoceas4rs, assigr? as well as the officers, directors end errlpioyeiss of each of these mitt K Any C1 ` , Notice shall be sent to us of Di9oovw Card PO Bore 3024 New Alban OH 43054 for suds Notice other address as we shaA subsegLw* provide to you (the a* Address'),ar to you at your address (mg, in w records or, if you are represented by cotmsel, to your attonuy at your attorney4 office. Arb'Rridan of M" W to arbitrate. In the event of any past present or future claim or (whe* based upon contrect, tort statute, common law or sq?j? you and us arising from or, relating to your Arnaud, prbr account you have had with us, your apokaticn the reliotl jhiRs kit result from your Account or the a nfoi,6461fty or scope of this arb0it'at on pmveion, of the. Agreement or of any prior a i; ,au or we may WW to resolve the claim or dispute, by binding a trat?. !F 3Eiifi# YOU at WE EiKt AMMLA110 NETHER YOU NOR WE SHALL HAVE THE Rai Pf TO i1WATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT Ci.AdiJl. PRE-HEARING DISCOVERY RIGHT'S AND POST-HEANK APPM Rf" VOLL BE. LIMITM. NETHER YOU NOR WE SHALL BE EMTTLED TO lCr'Pi ORC ATE O AM IN ARWRATiON BY OR AGAINST OTHER CARI)MM WITH RESPECT TO OTHER ACCOUNTS; OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESEMTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE. ATTORNEY GENERAL CAPACITY ('Cass Action Waiver ). Notwidstanding anything eke to the contrary in this arbitration provision, Onir io oixt, and root an arbihnto? shell d? the validity and effect of the an Action %%1w Even if all parties have opted to lr"hQato a deem in court, you or we may eWct atidtration with respoct to army dent made by a new party orannew d*o rater asserted in that lawsuit and nothing undarWcen there&t shall a waiver of my' rights under this arbitration provision. V& afdl M invoke our right to arbryrape an individual claim you bring in small claims mart or yow statets led court, if arty, unless such acGau is transferted removed or appea to a different court Go ring Law and Rules Yore AMamt h*m inteeMb commerce and the=' shag be governed by the Wepi,Vbitrttion Act (M, The arbitration shall be cordyded, at the opOW of whoever files the arbitration daW 4 by either the Art nOW Assodation (? or the National Art' ra t o with Owir procedures in Meet whets the daft is flied; for a mMof their brocedwn to file a clairii odor der irlfibrl 00 cwrtact AAA at 33 midism Ave, Fioor 10, New York, NY 1(0117-SM, Wait 1 fM7879) or NAF at. PO Box 50191, Whe"d wrhted, Ohom 14+47442371). No othetarbitration forum will be exuxpt as a to pnrwant to either the ?? _tao ?this A +t eta! or a =*Ad both parties, Unleu a aenteu'to by 4 parties, no arbitrati on be aTinistered by any admirlktratar that has agy*f#W ux in rule or procedure that b irXO ditnt with or purprSrk to gveRi ! trauma of this section. If. we elect. to re0m a dab or dispute by Wdkv arbitration and the arbitrator ism award do ydw favor on a chin or dAns with respect to vrtnidn you =not otherwlse be era tip to recover your arbitrallm firing, idmintarotive and h fee;,'eawrsaWe attorneys' fees and!or oarln other arbitration *oA we WAIN 6e responsib}a is paying or reitnburstuig Rein costs and fees If evrerded by the arbitrator, fees and Costs. At your written, request we will advance any albitration filing, administrative and hearing fees vdtidn you wodid be required to Cto purse a claim or depute as a result of our ekttiny to arbitrate t Haim or Send requests to DisGud, PO Box 15192; Wilmington, DE 1MIM. Tt* U trator>V who will ultimately or rreiir*v kng our al:V h 4 cavils roil or of oaring fees m tho extent you would have been reeporcebie far paying 'attorneys' fees and evernt wry you required to pay any fee or erred by us in connection with an art'itrstim proceeding where such a payment or reimbursement is prohibited by applicable law. Veers' and Dedslo,% Any arbitration hearing w take place in the federal dud district where you re ide. The art>Ftrator shall follow applic?b?e wbstantive low to the etctent corBisli. with the FAA and appii " statutes of lirnbdais and OW how chums of privilege ar q sit law and shed be a ked to award 1E remedies permitted r b su?s'rdve ff iaws toot vwuhd apply titathe amtlon were pending in court by airy Prtgt the arti4l?r shall write an opinion containirygreasons for the award. The arbitrato?ls decision will be final and binding except for any appeal rights under the FAA and except that if the amount In a*oversy ncaadAs1t00,on any ?y may appeal the award within 30 days to a three,oirbitrator and gall review the award de rxavo. appts?le law p<u rntnennnse, the appealing Unk% party will pay the cost o thhe appeal, regardless of its.orstcome. However, -10- -11- oeDCCO_D5B0K_.TL2ono50a.indd 13-14 we will consider in? qgaa charged by the Owl with the appeal. Am enforced in arry court Other Beneficiaries of arbitration provision s parent corpptafion5 f}is5 Services uq, Pea directors and emplo" benefit of anv third a asgnath request for us to beat the fees rotor and the arbitrators in cornectioo, ay award by the arbitrator may be n Our rriiggh??ts and obligations under this. to beneltt of lshd be binding upon our meq as a m is $* this art :ee8ings oy usEocoiw a dw o sale by us of your Account. ors,'aszgns; as wO as the officers; e ernltia and will also inure to the o,defendant with us or with any of t to thh arbitration provision. Your ration provision shay inure to the sons corrtracwaly liable under this the Account i praAslon shag sgr*e termination ?yr?wtt in fur by , any *0 byyou anybank6jyDUby you and reject the Arbitration of DbpuW 4M. ff YOU. were preybudy subject to count with us, ft . Aft to elect arbitrat nLgnW, Account number and signature and must not be sent w" any other correspondence. Calling us to indkate that you reject the Arbitration of Disputes section or sending a rejection notice in a nWner or format that does not comply with all applicable requirements b ulsufficient notice. In order to processyw notice, we neWire that the notice be provided b? you dhectiy and not through a third Reiedldn of arbitration vin not affect ycxu other rights or rasponnsRb under this Agreement or your obligatiah to arbitrate disputes under any other account as to which you and we have reed to arbitrate d'cqurtes. f you do not send a rejection notice, you wiiTbe obfig&W by the Arbitration of Disputes section with respect to this and any prior amount you have had with A even If you have previously sent a rejection notice with respect to that prior account IFGk pdi'OMEi M OF THK AGREEMENT Sworabf . If any part of this Agreement becomes unenfambie, it Vvill not make any other pmt sx»forgable, except that if the Class Action Waiver set fortft above in the Arbitration of Disputes section is invalidated in any proceeding in which you and vie are involved, than the Arbitration of Disputes section tO be void with respect to that proceeding. Cornplartoe wilflt Ir . . Re1a lLrrltafiarrs. We intend that this reement will comply with appl ic" intibrest rate limitations: You wi not be required to pay finance fharges or other charges at a rat that is greater thorn the maknum amount permitted ?y law. if it is ever finallydetermitad that butfor this section, the Futattce Charges or other charges under this Agreement would exceed the maximum lawful amount, the Finance Charles and odd dwrges will be reduced to the maximum lawful amount, Any excel amount that you have already id will be used to reduce the outstvAkig balance ofyou Amount or will be refunded to you by means of a dledt In our ducregvn.r Governing Lra Thb Argarmtarttand any Balm or dispute aulsinq out of tFiit Apra wwrt vAN be goarrW by applf? federal taw and, to, the extent ste6 law Wiles, Dilaware law: -12- ASSWENT OF ACCOUNT We may sell, assign or transfer your Auount or any portion thereof vdthout notice to you. You may not set a?sssliy?n or transfer your Accountw`hdw first obtaining our prior writton cornserhf CHANGES TO THIS AGREEMENT We may dmange any tarts or pert of this AgreemNnt Irding, but not tans or pact to this AOgentaat. A rS?" DY OW alit dVa W YOU a rwace at feast 15 days be' the drrtgl may rrPPiY 00 new term as of such affective dab, eveii If you prariousfy notified to that you did not aysee to the doge. Wo may alsoxli W anylane of any rock4 service or bonsfft offered in cprume[tloh wide your Aomount VM n mrotlfy you as isquired by law or by the Wo of the product service or benefit.' RVAGY P.QUU Wa ara ? fodemi lew to ' A416 you with a copy of our flaw "ch 14 Mve r0w us about your Pei * In 5eideN 0 pot necessary to do so again unies.you ded6 to dirge your pi eferar>e s We Respect Your privacy our mission is to provide you with prior products and services, a with the peace of mind knowing that the security of your personal information is our top priorrgc Wa uralerstand your concerns about guard- ing information AW you and y&4 Amount We want to asslue youthat we have taken steps, and will continue to take steps, to safeguard that irmformatioq, This Privacy Policy describes our efforts to meet these objectives. It includes a summary of the following important information: • A listing of the personal infroiitnation we collect; • The circumstances in which we may share information with othws; • The ways we safeguard the confidentiality and security of information, and The steps you may take to limit our sharing of such Information. *0 others. See Section o for complete cletak pf ease read our Mvaq Policy carefuly. It will heo you understand how we collect and share information. 1. What Pwsonal Information Do We Collect7 To serve you better and manage our business, h is important that vie token and maintain acarrat personal information about you, We obtain this. information from aPpGtatians and other forms you submit to us, from your dealings with us anddd others, from consumer reporting agencies and from -13- 08D000_o580K..TL20A05o8Jndd 15.16 other sources, such as our Web Sites. For example.- 9 We may obtain information such as your name, address and date of birth from applications and other forms you submit to us • We may obtain information such as Account balances, payment history, your use of your Account and thetypes of services you prefer from your transacdo?i3 and other dealings with us and others. - We may ob* informationhsudt as the balances eoyouloa with other leinden and your payment or reporting agencies e We mjt4rtain information such as your Internet service provider, your e-mail addres, yocomputes operating s and Web browser, your Web souse and your product and service preferences from your visits to Web 3. Is PersorW kdornuUon Shared with Others? We limit true. arirrg of )PIU nation with Many of the offers yQl receic!o fgi PW serOces are pr directly to you from us. for eitarrrple, a t For hist accepts the bd rd may come us with 'a special offer r drnpnbers, such as al discount certificate or product upgrade Afar careful corsideri6on of the nature of the offer and the comport, Y* wig create a list of CAr'dmembers who maybe intarastad in the offer based on certain; characteristics. V* will send the offeer decay to those Cardmenbom on behalf of this retailer by, for exampe, Indud'mg an insert in their nor d* statement or nailng the offer ourselves. cop control the Wormation?to make the offer, we do not share the list or any klfarrnatiorwbout our QAwmbers *ith the retailer. Howe*,, please underswtc!teat if you do receive this of offer from us and choose to take adviiintap of k the netader may en learn information about you because only Cardirwribers with certain c aracterrstia received the offer. There ark however, circurnstmces in Which we may share the Information we wiled about you, as described in Section 1, with other companies in oi*Oprovideyou with accessto products and services and to serwce your Aaoramt effa tK* as detaied below. We require these nies to adhere to our Prinq standards and to use this information or for the limited purpose for which it was shared, We do not allow them to di'isdose it to others without our prior approval. a. Sharing Ptrrso W k*,rrrsathn with Our Corporate Family Our corporate family offers a variety of products and services that can help' you manage your nances. In order to provide you with access to these products and seronces we =Owe the information we collect about you, as described in Section I. o>iar members of our corporate family. These companies include *wal service providers that offer credit proOction, card serviding and payment promssahg services. b,'Sharinq Persolal Information with Non-Affiliated Partie$ for Maricedirg Pwpmats We may share the information we wuect about you, as described in Section 1, With nonce third knCltrding those that accept the Nscover Card, in order tciprovide you aaess to products and services offered. d . kactlyby chest that may be of value to you. These companies ir> fFnarldO service providers, such as insurance companies, and von- finarxW compor?iK sack as retailers, c Sharing Personal Urlormadon with Others We may share the information we coW about you as described in Section 1, with ompanks that perform support or ma eting services on our behalf, such a mailing, market research and- data processing; other -14- financial inftrtions with which. we hove ?"n t?marketingg agreemenU or companies that are our partners for cabtand credit card programs or reward programs. We may also share such information as permitted by law. 3 How Dp_ We, Protect the. Confidentlalfty Security and Integrity of We maiataln phy*!; electronic sad procedural safeguards to protect the information we aAct abwl y? Access to such information is restricted to individualswho need Ain order %ferule Account or provide products and services to you and who are trai the proper handling of such iniorrnation who violate these cordiderr wk requirements are sub?lect ewe ??inar}?Pr Mihete p 'st'Narrds. de support it is Important that the information we mairrtoin about you is accurate and complete. If see information in your mor# r bic , statements or ebevrtnere w? ler, W* nation is incar>pieee or inarcurat? please writeo usi Lud,PO 13gg 31, Salt Lake City, SIT 84130 4. How Can You Unit Sharing of information About You? We respect your privacy and offer you choices as to whether we may share . intonation afloat you with others. You have the option to tell is not to share the IrseGiraha'go t we collect aboatyou, as described .in Section 1, with the information we wHect abu A you, as described in Section 1, with companies in bur corporate *r*. if you indicate a preference for either of these options, please uundetstalnd that you may not receive offers for. pprroducts and ser vices provided by other companies that could help you lower your casts, maximize your financial resources or manage your finances, To iadf* pur pnirlilnwi, we ua g us at 1 . 5;OQ or write to us at t]iireve? tb Hood 8p9$11 Sole Woo Ur K13i3M, 9 You have prevlft*1rhIuh usaboutpurpliva?p+pri?eeaes it isratoetessryto do so anjpln gltNaas dedda to diop your pmfraro m Your written request shaed;=4 namub address, telephone number and Account: number(s) and should not be saris with any Other correspondence In order to process your request we require that the request be provided by you dkecdy and not througha third per You wHI need to provide l8 with your preferences for each o-pdit card account you have with us. You may notify us about yaw preferences at any time. Your request wig remain in effad urn vou no"- us otherwise. YMe will honor your request . and not snare this by law. For example, federal low permits us to sham ' abort with consumer reporting agNxK servitl>! pripviders andfirWKUI =With which we rim pntmarxsrgrg a7ternernn xyou are arnwt,aruarnemoer we wen not share any knfoMVtsora about you, amept as permitted by law, ' r thirty days after we provitle this Policy to you in order to give you an Wportun* to intuit is about your prefutrenoes if you are an existing CaidmerrW, plea=t understorid that you may continue to receive marketing offer; dgectly fromP other companies that were already In production prior to the processing of your request. This prey Polity is provided to the primary Cantinember listed on the Account. However, arty' joint Cardmober his" right to notify is about preferences and we wilt treat that request as applong to the entire Account M do not share information about former customers, except as permitted by law. This notification supercedea all previously issued PrWxy -15- 08[)000_0513OK-TUDA0508.indd 17-18 Policies. tn?e and we will Inc. e theright to amend this PrvyPoliy fromtime totine you'll we do so. is provided to you by Discover Bank and its sub diaries, registered in pars of your d of how we v rte that you wN ako reiceiw priva '' notices for other credit card you have with us, as well as offal finarxial products and services is and our affilletes. You will need to indicate your es tcir each of #me separate as disclosed in the notice Aa*l ftR Your state iewrequires financial institutiant to obtain for to s &bV kformtfiign a bW you wide i*} > xra qt as cab us at 14110WI t1VER (t-M-W-2683) and authorize us to do so. Callfomla P addents Your state lawrequires financial institutions to obtain your coraernf to sflaririg infahnation about you WO, non-aff4ted third parties!fit as pmmlmdd 4lavs we will notshareinformaOm we collect about you'with non-aftffiated third parties while you are a residernt of California. Your BlIng Rights KEEP THIS NOTICE FOR FUTURE USE This notice contains Inhportant information about your rights and our respwr>sibilides under tlhe Farr Credit Billing Act 1. At* Us lei Case of Errors or *mFdoos About Your BSA If you think your bill s wrong or if you need more information about a transaction on your thin, write us on a separate sheet of paper at the address . listed on ym bill for Notice of Billing Errors. Write to us as soon as possible We mustf leer from you no later them 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights, In your lettK gk us the following information- • your name and Account number. • your dollar amount of the suspected error. • describe the error and explain; if you can, v?y you believe there is an error. If you need more Information, describe the item you are not sure from if you have a *oized us to pay your credit card bill eutomabWl yawrsavings or &*ding account; you can stop the payment on any amount yyou thMh is wmrig. To stop the payment, your letter must reach us three badness days before the automatic payment is scheduled to occur. 2.'Your hu and our Respons(blJldes After We Receive Your W% trust adttwwledgge yoor letter within 30 days, unless we have corrected the .error by ttx n 9 90, days we must either correct the error or explain vfiy we bef ieve the bill was caec a -16- After m receive your letter, we cannot try to question or report you as deiinWML We an a amount you quesdon, inducing finance dWW unpaid amolmt against your Ar mxd;rein Ii any questioned amount vriale we are obligated. to pay the parts of your bill that are Mt If we find that we made a mistake???o?n_? bpi yo finance duarges related to any 4a+esfloed amo mistake, you may have to pay the finance d*1 make upa? mige8 payments on the gtwstf" we will send you a statement of the amount you is due, repots you to that the map is. If vie don't fofk>w OW questioned amount even i 3. SM* A* for CM* C If you have a problem w pwchased wide a ae?t a problem witli the ragr6 ren*b amount due on 00? . (a) you must hale made d your hone stk* wid+it (b) the mrchase once mud rule; we cant co your bill was correct lest any smoisnt you we to bill you for the nil we ran apply any U d0 r10t have to pa 4 but you are Al question. sl not have to pay any if we didn't malre a and you wsl have to r aunt In either am e and the date that it we may report-you as sal' you and yai worse i we must tag uW* ur bL krf, VA must ith the quality of goods or. services that you ird, and you tried in fob to correct the ant, you may have the right not to pay the the goods or services. There are two limitations in your home state or; if not within 1 mhiles of your divert mairrvg address; and hm been more than M. oly ff waowsl gF ojl 1.1 eths merchant or tf we A hodases MW# WO treacles or iyasb Advances The Special RUIq for Credit Lard Purdhaw does not made Wth a balange trwdW cash adspance or qua j dnedL Therefaa, If hat as pr m with the that you pur>dt ch a sk transfd red pr korthe 4i 4reshr #d roe payrnerit o amotmtqaihdu '0* dd - of DESMMM OF COVIBLKE 5d3lE0ifLE0 AM f14ilVEl. ACM W V&JWJa Dscovere Wrdnembeis are provided with d" Sdheduled Air Travel Aoddent f ' You, Your D!araastk Partner or eligible t Cfllhltap for wham a was purchased on your Card"(as M belrnvj yrl be utsurad Actident el Loss of life arising from and oixlm T-wNlt You Your Spouse, 'Domestic Partner ore Dependent Cfilidtln for vvhom a ticket was purchased on your are riding as a passenger In of ante being struck by a scheduled AWAor a cariv?nce operated a m transport service or rung as a passe In or ??g or any c wa licensed to carry the fora fee and while trawn- to orefrdrtn the ahport rrrurwct?ec:y the ?departure of a Scheduled Aircraft on which the insured Person haspurdnased passage and immedudely -17- OeDCCO_0580K_TL2oAo5De.indd 19-2o following the arrival of a Schedule Aircraft on which the Insured Person was a passenger. `Coverage a un itten by Federal Insurance Company' a member insurer 'the Chubfr Group of Insurance Companies. Carte! IWOtions and . exclusions apply. THE ltEHEfITS: The fu11)3enelit Am t 0500,400) is payable for Accidental Lou of I& The Loss MW occur one year of the Accident MADAM U W OF pWPAMM if more than one Insured Person suffers results in khefftAmounts becoo'?g payable, which when totaled exceed the app#"limit of.insuranre shovrrh above. the maximum limit of insurance be dnidadi SY among the khstxed persor>s based on acrd{ bk 8 Amount awfit In the event of multiple Accidental deaths AqwA, ' firm my one Accident; the Companys liability for a tiA toss VAN mlted to a maximum limit of insurance equal to two tlmaithe ble Benefit Amount for Loss of Life. Benefits W11 be proportiviately ed among the Insured Persons up. to the maximum rice. limit of insn moans a sudden, unforeseen and ungxpected event pening and includes unavoidable exposure to elements arm from a covered hazard. means bodily injury whkh is Accidental, is the directsotm ofA Loss independent of disease, illness'or other cause and occurs while this poky is in force "means a Card account AmW means the toss amount at the time-the entire cost of the pawgir tare is charged to an Account,. LW means the Discover Card. S means the holder of the Card whose name appears on the cre&t card. S== means the Federal insurance Company. means travel on a Scheduled Aircraft when the entire cost of passenger fare for such tra>?sportation, less redeemable certificates; Vouchers w coupons, has been charged to the Insured Person's Account means those children, including adopted chhkbw those, ren placed for adoption, who are primarily dependent upon #* ktsixed raison for maintenance and support and who e (t) under the age of 19 and reside with the {{cried Person; ( beyond th7a of 19,'pe maneptly menially orphysicalty challenged, and incapable of wpporh er (B) under the age of 35 and classified as full-time students at an insftrdon afi higher teeming, )2p means a person who: (1) is at least 18 years of a and c tQ {artier into a contract f) is not related to the Insured by blood; has exclusively fired with the insured Person for at least one year pna to the date of virokwit W is not legally married'or separated; and (5) as of the date of ernllmeK has with the Insured Person at least two of t! a following financial arrangements: (a) a ' int mortgage or le (b) a joint bank account; (c) joint title to or p of a motor vehinease;oer status as a joint lessee on a motor vehicle lease; or (d) a joint credit card account WRh a financial institution. Nattier the insured Person nor the Domestic Partrw tan be married to, nor in a civil union with, anyone else. -1s- means the covered ciecurrisIgpcoz for which this insurance is pro as stated in Section III of the Dedafations, HUarc a and described in the Hazards form, as described on page I of this Description of Coverage. means all Cardmanbers, their s{aou Domestic Partners a." CMdren, as well as authorized users of the Account { means the Loss of Life. (its of J6 means death, including clinical death determined by the 01 goveming medical a0wities. P, means DFS Services LLC, the entity responsible for the poymeint means an aircraft owned and/or operated by a 562d".Alft means an airline which is either of United States registry and dire united States goventr w t tQ carry H ens on it Star tes Overnment #0 the oUtt?gn au6fority. Untied. means hostilities foll%ving a declaration of War by a government a ority,, If there is no declaration of War, to (i) armed, open and continuous hadlitles bgtw w two countries or (2) armed open and continuous hod?ities between two factiom each in control of territOry, or claim'mg jurisdiction over the site of the area of hostl4 DISAPPEARANCE BOOM: If the Wooed Parson has not been found within one year' of the disappearance, stranding, sin ' wneddng or breakdown of any Scheduled Auiraft or conveyance rn Wch.the Insured Person was covered as an oatrpbrn, It mill be assumed sect to dI other terns of the pone, that the Insured Person has suffered loss of Life covered under this i KY. DJMURE BHr M, Accident includes unavoidable exposure to elemerri arcing from a awed Hazard. ElJG? This insurance plan is provided to Insured Persons automatically .when the endre cost of the passenger fares) on a Scheduled Airline is charged to tine Cardm mber's Acccount while the kwonce a effective. Itis riot necessary for you to notify the Policyholder or the Company when Scheduled Airline tickets are purchased. EFFEtrK DATES: Your Insurance under this insurance plan is effective on the later of 1) A(mil 1, 2007; or 2) the date you become an eligible Cardmember. Your amce coverage under this inswenxe plan WO cease on the earlier of: (1) date the Insurance coverage is terminateit or (2) the dam you cease to be an eligible Candmember. COST: The insurance v is provided at no additional cost to ell insured Persons for Covered imps. Policyholder pays the full cost ofs the irsurenXe. THE BE AB1ti The Loss of Life benefit will be paid to the benefidary designated byyou, If no wch designation has been made, that berxfdsown)), be paid to ctrl first surviving in the fgllmiN order, a) your spous td your =_1 ou prar your brothers and shtm e) your estate. A8other will be paid to you- If you wish 'OChW your beneficiary you ma? regv;est a beriefkiaiy desngnabon form Jby tD The Direct tvwfeting Orprpi, Inc,13Z65 the plan ac ?atratw at Th Avenue, Omaha, NE 65164 or at BenefidaryrequesOThe DirectMG.corn. EXCLUSiOatS: This insurance plan doesnot CDw Loss resulting firer: (1) an Accident occurring while an Insured Person Is In, entering, or exrhtu4 anon aircaaft.mmed, leased or operated by this Policyholder or any aircraft -19- O8D000_05BOK_TL20AO5OB.1ndd 21-22 owned, leased or ted bean employee ofthe Policyholder on behalf of the Poricyholder ( exclusion does not ply to airvaft chartered with at or crew on one time ctynrter basis), ( on accident while an Insured Person is in. entering, or eft% any air while actv?g or training as a pilot or crew nrem6er (this does not ao* to Dassenaers who coruumiption of a substora contaminated by cteria); (4) suicide, s;:edde or 'Loss that is intentionally selfA Icted; or (5) declared or?,red War. , CLAIM NOTICF, Y>Itktan claim notate must be given to the Co pang within 90 days after the oacurn m of any lots covered ?b?++ thus p6'"or as soon as reasonably possible. Failure to give notice within 9p days wig not invalidate or reduce any otherwise valid claim of notice is g'nren as soon as reasonably possible, am Fow& When the Cornpmyteceives notice of a claim the Company will send you fonx for 9MN proof of Lost to us v r?15 days, if you do. not receive the forms, you should send the Company a written description of the Loss. CLAIM PROOF OF LOSS: Cormplete proof of Loss must be given to Company within 90 days after the date of loss, or as soon as reasonably possible: FaBure to OW tAal0ft proof of loss within these time frames w? not invalidate any other Ovo valid claim if notice is given as soon as reampabiy passible and in no event later than one year after the deadline to submit complete proof of Loss CLAIM PAYMENT: The Congta M will pay you pr your beneficiary the applicable BeneftAplou nt wiWm 60 days r rAmplete proofof loss is received and if you, the Policyholder aror a fte the beneficiary have complied with all the terns of the policy. ARBITRATION: In the event of a d' under this policx either the Com- pany orthe Insured Person may make a written demand for arbitration. In that rase the ComQarry and the Insured Person will each select an arbhra- ta The'tvvo artiftr#lsors wig select a third. If they cannot a" Within 15, daA either the Company the Insured Person may request that the choice of arbitrator be submftted to the American Arbitration Association. The arbitration wall be held in the state of the Instead Person's principal residence. IF YOU HAVE ANY CLARA RELATED QUESTIONS, PLEASE CALL THE CLAIMS SEBYICE Walt AT 14b0aX1$Y R (1-600-25 46M, You can also go to the Company Website click on Report a Lod, select Accident Benefits a hits, select the %)pro .ate form, print out the claim form, fill out and mail, You can file a claim by mail or fax Maffltq Address; CHUBB GROUP OF INSU ANCE COMPANIES CLANS SERVICE CENTER 600 INDEPENDENCE PARKWAY PO BOX 4700 CHESAPEAKE, VA 23327-4700 Fax Number; 1,BW300.2538 As a handy reference gUide, please reed this and keep it in a safe plate with your other insurance documems. This desaiption of coverage is not a contract of insurance but is a summary of the principal provisions of the -26- it .rw we while in effect. Complete !iry pnDvisroris are contained in the Master Polio; which can be obtained frdn the PAyiolder. Policy t 9906-18-06 Policy UnderW+ritteri By Plan Administrator Federal Insurance Company The Direct MarkeOng Group, Inc. a member insurer of the 1055 BedIA Avenue ChubbGroup, of Insura Comp riles Omaha, NE 58164. 15 Mountain View Road, PQ Box 1$15' Women, N1070611-1651 DESMPTION OF COMAGE SECONDARY RENW CAR COI.t.ISU;)N COVWGE D4aw$ Cardmembers tan benefit from the security and safety offered throw Excess Coifl*M A WAMW, If you rent a vehicle for 3 consecuttye 4* or less (qr, 45 Larder MUM describer bel*i0b your Card (as belowJ, you may for benefits under this coverage,; E>aess toiisiorl DDamage 11NN+aiver is an Insurance program n ;denmMen by Federal Insurance gym! Policy t 9906.17-53 ((?t? •f '? DEf0#ti10NS: means a Card account: means the cost to repair or replace the Rented at tnmt of loss, lest depreciation. means the holder of the Card whose panne dears on the j:jd means the Discover Card means tfx direct and accidental damage to a Rented caused by upset or coNls m with anWw object Collision Damage does not include tatsed by rnnirssHes fatly ob?tx, flu theft means the Federal insurance Company. means Cardnnerrtbers and authorized users of the Accoud means DFS Services L Lr; the en"tespondible for the payment prertnttrn: rr>eans a comrnercial automobile rental company licensed et the Y+s of the apoccable jurisdiction. means a four-wheekd private passenger type nmtor or a mnrv-vara manufactured and tfesigrted to transport a maximum f seven passengers and tmd eucwsively to carry passengm A Rented Automdxle must be design for travel on public marls and rented from Rental Agenqf. TO GET COVERAGE The Collision Damage Waiver Coverage is provided to . , as an Insured, autumaticnl when the entire rental fee for the Rerfted Automobk is charged or debited to your Amwnt It Is not mainary for you to notify the Company at the time tt?e rental fee 4 charged debited to your Accourd; You must decline the L.ow0proege offered by the vehicle. • You rent the vehicle in your own name and sign the vehide rental R reemenbt onb'act e ooverage period will not exceed 31 conaecutW day;, or 45 consecutive days of the Ini wed is an employee of an organization which has provided a Card to the Insured for business use. -21- I dd 23-24 THE KIND OF COVERAGE YOU RECEIVE: In consideration of the premiu;9:24 the Policydrolder as requked, and subject to all the terms of the Company agrees to reimburse on an Actual Cash VohA basis either the Insured or the Rental for repaP or raplacemertt of the Rented Automobile as a result' iorl Damage to the Rented Automobae. The Company't IiabiRty will be for a naxiahn reimbursemeart of ,$15,000. In no event will the Company be liable beyond the amounts actually paid by the Insured or the Rentaj Agency. • If you or an InsuredY prunesry vehicle insurance or other coverage has made payments for a covered Ions, Excess Collision Damage Wah+s'r will cover your deductible and any other eligible amounts not covered by other inwance. • This caveraga is all-inclusive, which meants 4 does not cover such hangs es personal or personal iiab . It does not cover you for any damages to other esor property. tt does not cover you for any injury to any M4 WHO 6 COVERED: Okover Cardmembers DICLUDED RENTAL VEHICLES; Off-(oad, antique or Ornited edition motes vehider trucks recreational vehicles cdmpars, pickup trucks, and minibuses; limited edition motor vehicles or high value, exotic, v e or coiladot type. Hi value motor vehicles are motor whose replacement value exceeds $50,000 and antique motor vehicles are defined as any vehicle over 25 years old, or any vehicle which 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 IS NO COVERED, Coveraggee does riot ap to loss resulting from the follovvmg • Any dFSFionest fraudulent or criminal act of the insured. • Forgery by the Insured • Lass due to war or confiscation by authorities. • Loss due to nuclear reaction or raoioactive contamination. • The frisured being intoxicated, as defined by the laws of the juriscrOon where the loss occurred, or under the influence of any narcotic uiaa5 prescribeid a physician. • Use of 1he Rented Automobile to carry passengers and property for hire, . • Use of the Rented Automobile by a person other than the one authorized. to operate the Rented Automo ib le by the terms of the Ren4l Agreement • Liss of use of the Rented Automobile. • IntegiWml darniage to the Rented Automobile by the Insured, • Damage which is e and confined to wear and tear, freezing, mechanical or electrical breakdown or failure. Ii. 0a?ge to Ones unless the loss 4 coincident with a covered loss.. • U of the Rented Automobile in tesM, races or contests. • The R"d Automobile being operated or located in any territory prohibited by the terms of the ental Agreement -22- FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS: To the enter that this provides instmance against damage to a rented motor vehicle thf not g terms and conditions a Yy (1) the period of insurance etceed 31 conseaiUverdiaayy?? or 45 conwvtive days if the lrsnrred is ah of an or on which has provided the Card to the Inured fore use; insurance provided by an wi0 be exclpa duel annyy' v? tdlectible insurance cover- thispl i the Rented Aut6atobNa. y*WK ice provided under this r an may be rn?ry If sper4cally pro?ndlyd far alder the terms of this plan and 0 the af6tn)a 4n)" ( the Rented Automobile is rer Wfor tile S Its_ use outside and pessaioW? the Insured is an employee of an ar?yarrhAtiorl whidt Etas peoVided the Card to the karOd for business use; and (c) the Rented Automobile is rented witfw a HOW TO FILE A CLAIM UNM EXCESS COLLISM DAMAGE WAM R, In the ewmt of a clojma written or verbal notice must be provided as soon IF Y AW 'ANY t IIC?K fWk$E CALL THE CLAIMS SEFMC10(11:R)TI1141111Q, {1 2534E?QJ, You can also go to tht Ccmlprgty IMdbsited , d r k on Report a Las; select Aaiderrt yenefiM a +d Lit select appropriate form, pint out the dawn form, fill out and mail: You can flea claim by mail or fax Mailing Address: CHUBB GROUP OFWNCE COMPANIES CLAVA SERVICE t W AIDOENDENCE PAFJCWAY PO 4OX 4700 CHESAPEAKE, VAS 23327-4700 FIX Number: 14*300-2538 CLAIM PROCEDURE: The Insured must send th the Company written notice Of a claim, Ind Ang U Insureds tame and Policy number: withal 9D days after a covered loss occurs. If notice cannot be given **in tizIme, it must be given as soon as reepwbty possible. To ?e a swom Proof of Lost, the Wired must send the following information' to the, Company or its authorized of the Account statement showing the automobile recital A copy of the automobile rental agreement • A copy of tN, police report. • A copy of the initial claim report submitted to the automobile Rentpl Agency, • A copy of the paid cbim presented by the automobile Rental Agency for the CaUn Dersgrge for which the htsured is rite. • Proof of of the loss to, and the resuRi of any settternent or denial by? ble insurance can • If no other insurance 4 applicable, a rootarGd statementfromtht Insured to that effect Rernindec. Please refer to the insurance Disclosures section: INSURANCE DKCLOSURES As a handy reference guide, please read this document and keep it in a safe place with your other insurance documents. This Summary of Coverage is not a contract of insurance but 4 shply an informative statement to -23- 08D000_0590K-TUDAMB.Indd 25-26 of the prkipal pro visions of the Jnsurance while in effect. iorts pn to thlspIan of insurance are contained in on 1110 V44M -05 Services L.1[ herein referred to as the ststm*nt in tM Summary of coverage and any provision Policy Undo v0 kW?y?? plan Administrator Federal inrsrrara ton Co Vny') The DirectMack Group Inc; a irrernber of the 13265 eedfgrdnue Chubb Group of lrKUrance Companies Omaha, NE 68164 15 MMWA n View Read, PO, Sax 1615 Master Polity tlrasOer. 99*17,63 Effective deft of Wnefltz Effective April 1, 2007, this guide replaces all prior %=ProgroM ad andW brochures by any party. and r jW" ? to change the benefits and featlM of these programs atony time, Chweiladw F0.0ok* can cancel, these b at any time or choose not to M*W the irstaantce for all kitho?ed Cardmernbers, If Pok-holder does areal these, you will be notified at least 60 days in advance. If the Com terrMo tai cancels; or chooses not to renew the coverage td ypu rill be notified as soon as is practicable, irurauca bOW ib WIV "for any benefits you were e4 ble for prior to the date of such terminsrboris, mryetiation or nor grwo;al, subject to the terms and cordRlons of loyerage. Benaft to yore These benefits Deify to Cardmembers whose cards are ssued_by US. financial.;: fntdats United States is deflned.as the 50 shall have anyierquitabfe'right rerivedy, or clan for irmxance pproceeds andror damages ureter or arising out of this coverage These benefits do not;pole it Card MWges-hkve been canceMd. However, insurance bane fit3? ?wwr??Il styli a1p0yfor j WM you were eiigrbk for prlp to the date that y? A ccount is susp ed or cancelled subject to the teems and conditions of coverage of your tardmember Agreement. TranOw of tOb or bwwflts: No n'Qhts or benefits provided under these insurance benefits maybe assigned without the prior written consent of the comparry. M t.. Frawk Ccivr rage of the Insured will be void if, at any time, the IsatRed has caro oW or misrepresented any malarial fact or cirti mst once cmurning this apvevege or the subject thereof or the interest of the Inuead herein, or in case of any fraud or fake swearing by the Insured reiadng thereto. Coverage for an Irwed will be amid 9, whether before or after a loss, the Policyholder or its subocr6ing orgarkAon() has concealed or misrWesented any material fact or cim nstance concerning I* towage or the subject thereof or the interest of the insured therein, or in case of any fraud or fake swearing by the Policyholder of its subscribing organizations) meting here4 Aditon of NOWIlimneds: All eligible persons will be automatically insured under this Poo Examination Under Oath: It is a condition of this insurance that the insured and the , as often as may be reason required by the company, vvii submit, and within its power cause others to submit to -24- examinati,pm under oath and will produce for examination all writings, book; of account, invo'rt,he and cdher voudw or certified topies, thereof if originals B ost, at such reasonable time and place as may be designated by the Company or its representative, and will permit extracts and copies thereof to be made. No surf, owninatian under oath; examination of doarrpents or any other act of the Company, its employm or representotfva in connection with the , of lass or claim will be deemed a waiver ofahy rieferrse OW shad deemed to have been made or done vvi$W pr*x&* to the Company!s liability, do > m odors This zovlrage vviB in no away inum rtirect a indirectly try the benefit of any nurrer, person or organization or other bailee. his 6 conditiort of this irwrreurce that if the Company pays the ., fora lass, is wiq ,,qu,'e In d to assist and transfer illy darn or, of action ag any> firm or c 4oration for ad Joss to the Company or sub ogt#e or hold in trust ag such rights to the extent of the amourR pall, The, lrrpred v4 lee to take action a requested by the Cdrrp" tO 0nforoe such t by the Comparty to the Insured, the tSUred +?S to enfOp dok of ?h ?9hts as reasonably reysresied by the Compaq and to return to the Coopny any recovery to the a nent payment o loss has been made by the Company. Arbitration; in the eventofa dlspute under this poiit% either the t ompany or the lroraed may make a verftten demand for arbWation. in that case, the. COn panyand the Inwred will each select an arbitrator. IN two itrWators will srsiect a third If troy cannot agree within S days, *dw the Company or the Insured ' quest thatthe,lode; of arbitretorbe submitted to the. American Artsl¢ reAssodrdm The arbitration will be held in the state of the Insureds principal rdddence.. GLOBAL, TRAVELER'S HOTLINE TERMS AIVD CONDIM NS The Global Traveler's Hotline provides Cv*nembo! and their families a wide range of free travel aaasraance baneft it Is operated by AXA Assistance USA, inc. Volt i scovertard.corrdtravsi to learn more. EBgibiftYou must be a Grdmember whose Account a in stood standing; the Cardmetinber?s spouse or dependent child traveling with the Carder or an Authorized Vw of an Account in good standing, Third.Party Cineyes Global Traveler s Fiotiine Is not 1rrar?rs, so you X11 wch as p ofeb ??ot fees and expenses lot services requested, AwAabllty of SavimL Certain sK }rqywi not be available in all areas. l,1 us at 14ODrSC09JBt [1-800 .3tfor assistance or if you have questions a dfl? destir+ttion Outside the U.S? call is collect at 1 01902 3(00. Yyf?e AXA Askance will make ear reasonable effort to provide the sefvicss; neIther AXA Assistance nor Discover clank or our respecdra affiwtfates 4 be liable if a service is not provided or for any Was that are provided by third parties. Thcpefvroes end these terms and conditions are subject to change vvhW notice. -25- O8DC00_08BOr-TL2DAOW8.indd 27.28 EXHIBIT "C" 2 DISC ' .,VER New 8a6lance $8,897.62 4" RD 06 SDSWA01 0009358 BEASTON, ANTHONY P 747 ERFORD RD CAMP HILL PA 17011-1126 Minimum Payment Due ; Account Number ending in 4522 $1,638.00__ J Enter Amount Enclosed Below Payment Due Date $ ?- August 5, 2009 please make check payable to Discover Card. You ore overlimit. Pay the sum of the monthly minimum Payment Plus the overlimit amount of $897.62. Will your payment get to us on time? Pay your bill online and your payment can be made to your account on the same day. Visit Discover.com/payments today. Address, email or telephone change? 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 71084 1111111 he 1111111 liege 11111 CHARLOTTE NC 28272-1084 000001986458661989323088976200000000163800 Discover More Card Account Summary Closing Dab: July 6, 2009 page 1 of 1 Account number ending in 4522 Previous Balance $8,604.98 Payment Due Date August 5, 2009 Payments And Credits 0.00 Minimum Payment Due $1,638.00 Purchases + 78.00 Credit Limit $8,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $4,000.00 F... Charges + 214.64 Cash Credit Available $0.00 New Baksnce - $8,897.62 You may be able to avoid Periodic Finance Charges, see the reverse side for details- Cashback Nmue Opening Coshbock Bonus Balance $ 0.00 New Cashbock Bonus This Period + 0.00 Cashbock Bonus Balance $ 0.00 Cashbaek8onusSlunntwrsary - - - - - - - - - --_---- -.-- - ------ _._-------------- --- ----- --- DDdeeDecceemmber 6 How Can We Help You? I. Visit Discewr corn to pay rear 6111 for no coq, vie your latest Account information, earn and redeem revra s and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) for fast, easy self-service Please haw your Dtxowr Card available. options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) we reverse sid° 3. Write Discover us at Card, PO Box 30943, Sap Lake City, LIT UT 84130 Transactions $0 Fraud LiablBty Guarantee Use your Discover Card with confidence Trans. . Post Dab Dab odwr/MhaeYanous Jul 6 Jul 6 OVERUMIT FEE $ 39.00 Jul 6 Jul 6 LATE FEE 39.00 Information For You While we am permitted under the Cardmember Agreement to increase the APRs on your Account because your payment was ksts, we ban 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 foil to pay the minimum payment des by the Payment due date. See the Default Rate Plan section of the Cardmember Agreement for details. Finance Charge Summary Nominal Transaction Dade P air odic SAGE Mma =_ r Bald !3 Rates RATES RATES Nuilma CHARM current billing period: 30 days Purchases $8708.28 0.08216% 29.99% F 29.99% $214.64 $0 Cash Advances $0 0.08216% 29.99% F 29.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. 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