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HomeMy WebLinkAbout10-0835R -, _ `Tt 17 20 10 t-.3 -2 ., S,. ` j" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 10 - 835 ciVtl ??,r?, VS. COMPLAINT IN CIVIL ACTION ROBERT L STEPHENS JR 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 07959074 C A Pit KMJ CD 494L. oo PO ITT 1'4 r.? 44'7O 1q3 a31O9A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No ROBERT L STEPHENS JR 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: ROBERT L STEPHENS JR 123 ANDREW CT CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8372 . 4. Defendant made use of said credit card and has a current balance due of $4077.50 , as of November 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 29.990% per annum on the unpaid balance from November 09, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" 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 , ROBERT L STEPHENS JR individually , in the amount of $4077.50 with interest at the rate of 29.990% per annum from November 09, 2009 plus attorneys' fees of $125.00 , and costs. James Warmaroaz,4L5L4 WELT WEINBERG & REIS CO., L.P.A. 436 S v th Avenue, Suite 1400 Pitt u gh, PA 15219 (41 4-7955 F 2-338-7130 07 5 074 C A Pit KMJ This law firm is a debt collector attd(hpting to collect this debt for our client and any information obtained will be used for that purpose. V?.,vr r ..,v 9I *J %0 ter 1- 1% CARD 22 SDSN6A01 0004262 ROBERT STEPHENS JR 123 ANDREW CT CARLISLE PA 17015-4375 q-,- I IV Payment Due Date November 17, 2009 Please make check payable to Discover Card. Minimum pa ment due includes a past due amount of $847.00. 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. cam/payments today. PO BOX 6103 11 111111 11111 1111 CAROL STREAM IL 60197-6103 Address, e-mail 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. 000001986458091402384040775 000000000407750 Discover More Card Account Summary Closing Date: October 22, 2009 page 1 of 1 Account number ending in 8372 Previous Balance $4,077.50 Payment Due Date November 17, 2009 Payments And Credits 0.00 Minimum Payment Due $4,077.50 Purchases + 0.00 Credit Limit $3,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $0.00 finance Charges _ _ __ _ + 0.00 Cash Credit Available $0.00 New Balance $4,077.50 Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 CashbackBonusOAnniversary --__-------- --- ----- ----- ------ Date: March 22 How Can We Help YOU P 1 Visit Discover. In to pay your bill for no cost, view your coi l t t A f d d It's your choice - 3 ways to help a es ccount n ormation, earn an re eem rewards and more 2. Call 1.800-DISCOVER (347-2683) for fast, easy self-service 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 Your Account is overhmit. While we are permitted under the Cardmember Agreement to charge you an Overlimit Fee, we have chosen not to do so at this time. We reserve the right to do so if, as of the close of a billing period, your outstanding Account balance exceeds your Account credit limit. See the Overlimit Fee section of the Cardmember Agreement for details Elm 1 Finance Charge Summary Nominal Average Daily ANNUAL ANNUAL Daily Periodic PERCENTAGE PERCENTAGE Balances Rates RATES RATES current billing period: 22 days Purchases $0 0.08216% 29.99% F 29.99% Cash Advances $0 0.08216% 29.99% F 29.99% Transaction Periodic Fee FINANCE FINANCE CHARGES CHARGES $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 Immediatelyi Call 1-800-347-2683. Billing Rla 0 Surrunary. In Case of Errors or Questions About Your 11: IT you think your bill is wrong, or IT need more Information about a trans cU I on your bill, write to us on a separate sheet of gappeer at Is r Card Po Box 30421 Sali Lake Lou City. UT 84130-0421 as soon as possible. We must hear from u no later than 60 days after We sent you the firsf bill on which fhe error or problem appeared. Vou can telephone us but doing so will not preserve your rights. In your letter, give us the following Information: • Your nams and Account number. • The dollar amount of the suspected error • Describe the error and explain if you can, why you believe there is an error. It you need more Information, describe the Item you are unsure about You do not have to a an amount In question while we are investsgatin , butypu are still obll ated to as the parts of your bill that are not in question. While we ON, stl ate your question, we cannot report you aB del?nquerit or take any ac Ion to C 11 t the amount you question. S ial Rule for Credit Card Purchases: If you have a problem with the quality of cods or services that YOU purchased with a credit card, and u have tried in faith to correct the roblem with the merchant, yqu ma not gave to pax the remalmn amount due on the 9oOds or services. ou have this proction only when the purchase price was more than ;5o an' the purchase vs made in your home state or within 100 miles of Your maillnQ address. If we own or oDetate the merchant or If we mailed you the advertisement for the goods or services, all purchases are covered regardless Of the amount or location bf purchase) Payments. Send Warm yment an?h de scri bed to portion of this statement In the enve,1 debtra? not send cash. By sendin lrour check as above, oe us to use inormaUOn on ur check to make an elect rdnicpfund nsfer from your acco0nt at th? Tinancial Institution indicated on your check or to process the-j W arent as a check transaction. If payment is processed as an electronic fund transfer, the transfer YA be for the amount of the check. hen se 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 paynsent, and you will not receive your check back from your iinanclal Institution. The processes of your payment may De delayed if you send cash correaspondence or other items with your payment, If you s4nd the paymant to any other addres or If yoU u3e an envZ4o other than the one rovtded. Pyments received on or after 1 PM at dur essin tacill Mohd noHdav will be posted ?o your Acc unt as of the next business dayv. If yyopu have misplaced ?nUr envelope, Box 61' 03 Carol, Stream IL 60197-6103. Please allow 7-10 days fdr delivery. If your payme t Is 7dturn It as an electronic debit or.a greater amount over the telephone, and you Dan. set tip automatic .payments. Call us at 1-800.347.268: You must ten us the amount Or each ant or can select an amount such rment You can cancel a oaym?nt h r we m st receive notice at least three 1 us pp?? phone at 1-800wh-34T-2683 or by mall at the address listed In the revious ch mdnthl statement an your Da rhent will be made and how much It will be on the mobthly statement based on yCredits or payments applied during the blllin Credit R ng. We ma report Information about your account to credit bureaus. Late payments, missed vments, or other defaults on your account aayy tb? re?tleected?n ur credit report We nbrrnalI report the status and paym4nt history of Your Acbunt to credit ceportiin a envies each 01?r1th If voU 6 ?1 th?t 4u report Is Inaccurate or IncortT late, please write us At the TollowiWaddress: Discover Card, PO Bdx 15316,. Ilmington. DE 19950.55931 ease Include your name, address, home leplio one number and Account num Grace Period on Purchases (at least 26 davt). We begin to impose Periodic Finance Charges on all transactions from the Transaction Date for the transaction as shown on your billing statement, unless a transaction is posted to your Account after the close of the blllln? period in which It occurs, In which caase we In To im 4rlpdi Finance Chaves on that transaction iFOm the first da of the blllin oeclod In Which It Is posted to your Account we cont1nud ti im Periodic finance Charge; until the date you pat your entire NeR Balance, by?nakin payments or receiving credits. However, If you paid the N alance on yourrevlous bill ?ng statement by thaQvment Due Date shown on that bl?np-statement andes you pay the New BalancC by the PaYmant Due Date on yoU' current bi ng statement we will not impose Periodic Finance Char es on new purchas, that is, rchases first appearing on the current NK[ng statement We call this the "grace period." There Is no grace perio?on balance transfers or cash advances. Minimum Finance Chuae We will charge you a minimum FINANCE CHARGE of ;.50 for any billing period In which Periodic Finance Charges of ass than $.50 would othErwise be imposes. Annual Fee. If your Account has an annual fee it will be billed at the Innis of each anniversary year ur Account is open. The amount of the fee appears on the statement when the fee is billed. The annual fee m, not i?fundable unless YoU nOUfyyus that you wish to close your Account d ring 3tatsaeeriof the mailing or delivery date of the statement on which the fee Is billed. You will receive this refur5d even If you use your Card Penlodlc Finance Charges. We sort your transactions Into groups of purchases, cash advances and balance transfers and then further sort the transactions within eacR grout by their Annual Percents a (fate."For exam le purchases sub'ec1 to a promotional rate and purchases subl'ect to a standard rate would be separate growcs. We refer to the?e croups as transa?ctlon ca odes. bt the enC of each billin period, we compute balances arid Periodic Finance Charges for each day of the billing period for each transactionategory. We use the Toliowing ?quaUon to compute Periodic Finance Charges for each transaction category. (Average Daily Balance) times (days in billing period) times (Daily Periodic Rate). (You may refer to the finance charge summary on your billin statement for these amounts.) Then we add up the Periodic Finance Charges for each transaction cats orr??to gget the total Periodic Finance Chawei?for your Account The Average Daily Balance it shown as zero if, because of the grace period, no PeriC Fio?nalfce Char es a v to the balance m a transaction cate orv We use the Average Dally Bat 1 i rClWing new transactions method of clIcOlating the balance upon which we Impose Periodic Finance Char es. We coin ut the Avers9e Da Iyyy""" Balan a for each transaction cats wry by addlff up all the daily balances in a billin period for a transaction cate gry and dividing the total trv the number o1' da In the bgliila period. ale computo the daily balance for ea transaction category on each day by?Irs adding the ollow n to a revlous day s ail balance: nsactlons with a Transactio Date of that day as shown on you billing statffme t, unless tare transactlonls Dosted to your Adcount Patter the close of the billing Deriod in which it occurs. In Which case the ante for the first day, of the tAlirnQ ppeeriod, we coAd9der the on the last day of vDUr previous 6illino oerlod. z z rn N ?c V we VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is James Ball (Name) Team Lead of DFS Services LLC , plaintiff herein, that (Title) (Company) he 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 his knowledge, information and belief. (Signa ) WWR# 7959074 Robert L. Stephens '6011002921418372 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Discover Bank vs. Robert L. Stephens, Jr. 'IE_?'D TF.c # ~E „T.Y 2010 FEB 16 W 9: 0 i cw? r Case Number 2010-835 SHERIFF'S RETURN OF SERVICE 02/04/2010 04:15 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2010 at 1615 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert L. Stephens Jr., by making known unto himself personally, at 123 Andrew Court. Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 February 08, 2010 SO A USO. ER , 7 NY R ANDERSON, SH IFF By _ puty Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff(s) V. ROBERT L STEPHENS JR, Defendant(s) Docket No.: 2010-00835 PRELIMINARY OBJECTIONS TO COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm 210 Grant Street, #301 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 n ^' o - R C= ' ! ?_ ? ~ Z N --t Ln IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff(s) Docket No.: 2010-00835 V. ROBERT L STEPHENS JR, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Now comes the Defendant, by and through counsel, the J. Murphy Firm, and Joseph P. Murphy, Esquire and bring(s) and file(s) the within Preliminary Objections to Complaint, averring in support thereof as follows: 1. This matter was commenced by complaint filed at docket number 2010-00835. OBJECTIONS TO CONTRACT CLAIMS 2. The complaint references a credit agreement or contract. 3. No averment is made as to whether said agreement is oral, or written. 4. The foregoing amounts to a violation of Pa. R.C.P. §1019(h), as amended, which requires that, "When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written." 5. Accordingly, the complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(2) for violation of rule of court 1019(h). 6. Although the complaint references a credit agreement or contract, no copy of the agreement or contract is attached thereto. 7. The foregoing amounts to a violation of PA. R.C.P. §1019(1). 8. Accordingly, the complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. §1028(a)(2) for failure to conform to Rule of Court 1019(i). WHEREFORE, Defendant respectfully prays that the complaint filed by the Plaintiff be dismissed with prejudice, or, in the alternative that the complaint be stricken, and the Plaintiff be required to plead over in accord with the Rules of Court. I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff(s) V. ROBERT L STEPHENS JR, Defendant(s) Docket No.: 2010-00835 N N ` tJ `? PRELIMINARY OBJECTIONS T COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm 210 Grant Street, #301 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 f 'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff(s) Docket No.: 2010-00835 V. ROBERT L STEPHENS JR, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Now comes the Defendant, by and through counsel, the J. Murphy Firm, and Joseph P. Murphy, Esquire and bring(s) and file(s) the within Preliminary Objections to Complaint, averring in support thereof as follows: 1. This matter was commenced by complaint filed at docket number 2010-00835. OBJECTIONS TO CONTRACT CLAIMS 2. The complaint references a credit agreement or contract. 3. No averment is made as to whether said agreement is oral, or written. 4. The foregoing amounts to a violation of Pa. R.C.P. §1019(h), as amended, which requires that, "When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written." 5. Accordingly, the complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(2) for violation of rule of court 1019(h). r ti 6. Although the complaint references a credit agreement or contract, no copy of the agreement or contract is attached thereto. 7. The foregoing amounts to a violation of PA. R.C.P. §1019(i). 8. Accordingly, the complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. §1028(a)(2) for failure to conform to Rule of Court 1019(1). WHEREFORE, Defendant respectfully prays that the complaint filed by the Plaintiff be dismissed with prejudice, or, in the alternative that the complaint be stricken, and the Plaintiff be required to plead over in accord with the Rules of Court. CAIAL PRAECIPE FOR LISTING CASE FOR ARGUMENT C ti (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter fo(the nec rn Argument Court.) N CAPTION OF CASE DISCOVER BANK v. ROBERT L. STEPHENS (entire caption must be stated in full) _ DISCOVER BANK ] 7a vs. ROBERT L. STEPHENS No. 00835 2010 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): frillanillu-, 2. Identify all counsel who will argue cases: (a) for plaintiffs: James C. Warmbrodt (Name and Address) WELTMAN, WEINBERG and REIS CO., LPA 436 Seventh Avenue, Suite 1400, Pittsburg (b) for defendants: - Joseph P. Murphy (Name and Address) 210 Grant Street, Suite 301 Pittsburgh, PA 15219 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Signature -? Joseph urphy Prin name Defendant 3/16/2010 Attorney for Date: INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Y L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff(s) Docket No.: 2010-00835 V. ROBERT L STEPHENS JR, Defendant(s) MOTION, REQUEST OR PRAECIPE FOR ORAL ARGUMENT AND NOW comes the Defendant, and brings and files this Motion, Request, or Praecipie for Oral Argument on Defendant's Preliminary Objections, Moving, Requesting, and Praying that Oral Argument be scheduled on Defendant's Preliminary Objections. Respy Sub Jose . Murphy Tuesday, March 16, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, V. Plaintiff(s) Docket No.: 2010-00835 ROBERT L STEPHENS JR, Defendant(s) CERTIFICATE OF SERVICE I, Joseph P. Murphy, counsel for the Defendant in the above captioned matter, do solemnly swear that the foregoing PRELIMINARY OBJECTIONS TO COMPLAINT, BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS, and MOTION/REQUEST/PRAECIPIE FOR ARGUMENT were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: James C. Warmbrodt Weltman, Weinberg and Reis Co., LPA 436 Seventh Avenue, Suite 1400 Pittsburgh, Pa 15219 Xriurpny , March 16, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PF,NNSYLVANIA CIVIL ACTION DISCOVER BANK, Plaintiff, v. ROBERT' I,. STEPH:ENS, JR., Defendant c ° b v~ ~ ~ m~z, c ~ ~, `.c.. w ~ `~~` o ;::.~ s-- ~ _ ; ~~ cam. ~ r NO.: 2010-00835 ' ~::% ~. ~ c.~ TYPF, OF PLEADING: AMENDED COMPLAINT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Submitted by: Plaintiff Lyndsay E. Rowland, Esquire Pa ID No. 205520 Weltman, Weinberg & Reis, Co, L.P.A. 436 Seventh Avenue Suite 1400 Pittsburgh, Pa 15219 (412) 494-7955 Fax: (412) 494-7959 WWR # 7959074 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff vs. Civil Action No. 201.0-00835 ROBERT L. STEPHENS, Defendant AMENDED COMPLAINT 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 SHOIJLD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (71'n 249-3166 AMENDED COMPLAINT AND NOW, comes the Plaintiff, DISCOVER BANK and files an Amended Complaint, the following of which is a statement thereof: Plaintiff is DISCOVER BANK, a corporation with offices C/O DFS SERVICES, LLC, 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054-0000. 2. Defendant, ROBERT L. STEPHENS, JR., is an individual with an address of 123 ANDREW COURT, CARLISLE, PA 17015. At all times relevant hereto, Plaintiff was engaged only in those activities, including transacting business in interstate commerce, that shall not be considered to be doing business in this Commonwealth, as defined by 15 Pa. C.S.A. §4122. COUNT I-BREACH OF CONTRACT 4. The averments contained in Pazagraph 1-3 aze incorporated herein by reference thereto as though herein set forth at length. 5. The Plaintiff made an offer to the Defendant to open a credit card account by mailing a DISCOVER BANK credit card, bearing account number 6011002921418372, along with a written cardholder agreement which contained the terms and conditions of said credit cazd to the Defendant. A true and correct copy of the terms and conditions of the credit card are attached hereto and made a part hereof as Exhibit "1." 6. Defendant subsequently accepted Plaintiff's offer to open the above credit card account by using said card to purchase goods, merchandise, and services. 7. Defendant continued to use the credit card to purchase goods, merchandise, and services and take cash advances. 8. Each month, pursuant to the terms and conditions of the cardholder agreement, the Plaintiff sent the Defendant a monthly statement setting forth the charges and payments made, if any, by the Defendant and the applicable interest rate. A true and correct copy of the Defendant's monthly statements from Apri120, 2008 - October 22, 2009 are attached hereto and made a part hereof as Exhibit " 2." 9. Pursuant to the terms and conditions of the cardholder agreement, the Defendant was required to pay the total balance due or in the alternative the minimum monthly payment as stated in the monthly statements sent to the Defendant. 10. Throughout the term of the account the Defendant was sent updated written terms and conditions for the account, with the most recent applicable terms attached hereto and made a part hereof as Exhibit " 3." 11. Defendant made periodic payments on the account with the last payment made on the aforementioned account occurring on February 5, 2009 in the amount of $59.00. 12. Defendant breached the terms and conditions of the agreement between the parties by failing to pay the balance due or make the required monthly payment. 13. The balance due and owing to the Plaintiff on the aforementioned credit card account as of October 22, 2009, was $4,077.50. 14. Pursuant to the cardholder agreement, the Plaintiff is entitled to continuing finance charges on any unpaid balances as described in the cardholder agreement and set forth on the Defendant's monthly statement. 15. The continuing interest on the Defendant's account is 29.99% per annum from November 9, 2009. 16. Although repeatedly requested to do so by Plaintiff, Defendant has breached the terms of the cardholder agreement by willfully failing and/or refusing to pay the principal balance, finance charges or any part thereof to Plaintiff. 17. The Plaintiff avers that the "Default Acceleration -Collection Costs" provisions of the cardholder agreement provides that he Defendant will pay Plaintiff's reasonable attorney fees. 18. Plaintiff avers that such reasonable attorney fees shall amount to $125.00. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant, ROBERT L. STEPHENS, JR., in the amount of $4,077.50, with interest at the rate of 29.99% per annum from November 9, 2009, plus costs and attorney's fees in the amount of $125.00. COUNT II-UNJUST ENRICHMENT 19. The averments contained in Paragraph 1 through 18 above, are incorporated herein by reference thereto as though herein set forth at length. 20. Defendant used his DISCOVER BANK credit card to purchased goods, merchandise, services and take cash advances. 21. By making use of said card, the Defendant has had a benefit conferred upon him through the use and enjoyment of those goods, merchandise and services purchased. 22. Defendant, despite requests to do so, has willfully failed to re-pay the Plaintiff the principal balance, finance charges or any part thereof due, as set forth in the monthly statements, attached as Exhibit " 2," and as such has improperly retained the benefit(s) conferred upon him without payment of value in return to the Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant, ROBERT L. STEPHENS, JR., in the amount of $4,077.50, with interest at the rate of 6.0% per annum from the date of judgment, plus y Submitted, Lynd y E Rowl d, Es'qulr~ " PA I. .205520 WELTMAN, WE BERG & REIS, CO., L.P.A. 436 Seventh Avenue Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 Fax: (412) 434-7959 WWR # 7959074 DISCOVER' YOUR DISCOVER® CARD ACCOUNT CARDMEMBER AGREEMENT Pages ~-75 Tf~e terms and conditions of your Account, including how we calculate finance charges, our feesand anArbitration ofDisputes section. You have the right to reject the arbitration provision with respect to your newAccount within 30 days after receiving your Card, as explained in the "Right to Reject Arbitration" section at page 14. PRIVACY POLICY Pages 75-78 A summary of the personal information we collect, when it may be shared. with others, 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 Pages 79 20 Important information about your rights and our responsibilities under the Fair Credit Billing Act. ©2008 Discover Bank, Member FDIC DESCRIPTION OF COVERAGE Pages 20-28 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. GLOBAL TRAVELER'S HOTLINE Page 28 The terms and conditions of this free travel assistance benefit. CARDMEMBER AGREEMENT Please read this Agreement. carefully before using your Discovery Card Account. It contains the terms and conditions of your Account, some of which may have changed from earlier materials provided to you. In the event of any differences, this Agreement shall control. We respect your privacy. See the Privacy section on page 10 and our Privacy Policy for additional information. The Arbitration of Disputes section on page 12 includes a waiver of a number of rights, including the right to a jury trial. The Right to Reject Arbitration section on page 14 describes the procedure you must follow if you desire to reject the Arbitration of Disputes section. DEFtNITIONS ......................... 2 USING YOUR ACCOUNT ............... 3 Your Acceptance of this Agreement ... 3 Permitted Uses of Your Account....... 3 TL20J.0508 EXHIBIT 1 1 2 Prohibited Uses of Your Account ...... 3 Purchases and Cash Advances in Foreign Currencies .. 3 ....................... Cash Advances .. 4 ................... . Balance Transfers .......... 4 ......... Credit Authorizations........ ...... 4 Authorized Users ................... 4 Unauthorized Use .......... 4 ......... Your Credit Lines ................... 4 MAKING PAYMENTS .............. 5 .... Promise to Pay ..................... 5 Monthly Billing Statement ........... 5 Monthly Payment Options ........... 5 Automatic Billing Arrangements ...... 5 How We Apply Payments ............ . 6 Minimum Monthly Payment.......... fi Skip-A-Payment Offers ............... 6 Credit Balances .......... 6 ........... FINANCE CHARGES .................... 6 How We Calculate Periodic Finance Charges ......................... 6 .. . How We Calculate Your Balances...... 7 Variable or Fixed Interest Rates ....... 8 Default Rates ........................ 8 Cash Advance Transaction Fee Finance Charges ....................... 8 .... Balance Transfer Transaction Fee Finance Charges ........................ 9 ... Minimum Finance Charge............ 9 FEES ........................... .... 9 Annual Fee ................ 9 ......... Late Fee ........................... 9 Overlimit Fee ........................ 9 Returned Payment Fee .............. 9 Returned Discover Card Check Fee ... 1 0 Pay-By-Phone Fee ...................1 0 Research Fee .. 10 .................... DEFAULT AND CANCELLATION......... 10 Types of Default .............. .10 ..... Consequences of Default............ 10 Cancellation ....... ..... 10 ........ . PRIVACY AND OUR COMMUNICATIONS WITH YOU .... 10 ...................... . Our Privacy Policy ...................10 Reporting to Credit Reporting Agencies 11 Our Communications with You ...... 11 Releasing Information About Your Account .. . 11 .................... ... Electronic Notices to You............ 11 Notices - Changes to Your Information 11 CLAIMS AND DISPUTES ............... 12 Merchant Disputes ................. 12 Claim Notices ............. 12 ......... Arbitration of Disputes .............. 12 Right to Reject Arbitration........... 14 LEGAL INTERPRETATION OF THIS AGREEMENT 14 ........................ Severa b i I ity ........................ 14 Compliance with Interest Rate Limitations 14 Governing Law ..................... 15 ASSIGNMENT OF ACCOUNT............ 15 CHANGES TO THIS AGREEMENT........ 15 DEFINITIONS "Account" means your Discover Card Account. "Authorized User" means any person whom you authorize. to use your Account or a Card, whether you notify us or not. "Card" means any one or more Discover Cards issued to you or someone else with your authorization. "Pricing Schedule" means the document accompanying your Card and listing the Finance Charge rates that apply to your Account. The Pricing Schedule is part of this Agreement. "We," "us"and "our" refer to Discover Bank, the issuer of your Discover Card. "You," "your" or °yours" refer to, in addition to you, the Cardmember, any other person or persons who are also contractually liable under this Agreement. USING YOUR ACCOUNT Your Acceptance of this Agreement. The use of your Account or a Card by you or an Authorized User, or your failure to cancel your Account within 30 days after receiving a Card, means you accept this Agreement, including the Arbitration of Disputes section on page 12. You may, however, reject the Arbitration of Disputes section as explained on page.14. Permitted Uses ofYourAccount. YourAccount may be used for: • Purchases - to purchase or lease goods or services from participating merchants by presenting your Card or Account number or by using promotional checks, which we may furnish to you, in accordance with such additional terms and conditions as we may offer from time to time. • Cash Advances - to obtain cash advances from participating automated teller machines, financial institutions or other locations, the purchase of lottery tickets, racetrack wagers, vouchers redeemable for cash or for casino chips, money orders, traveler`s checks, savings bonds, foreign currency and wire transfers, or by means of checks which we may furnish to you, all in accordance with such additional terms and conditions as we may offer from time to time. • Balance Transfers - to transfer balances from other creditors or to make other transactions by means of balance transfer coupons or checks, in accordance with such additional terms and conditions as we may offer from time to time. In addition, your .Account may be used to guarantee reservations at participating establishments. You will be liable for guaranteed reservafionsthatare notcancelled priortothetimespecified bytheestablishment. Your Account may be used for personal, .family, household and charitable purposes. Prohibited Uses of Your Account. Your Account may not be used to obtain loans to purchase, carry or trade in securities, to pay any amount you owe under this Agreement or for any transactions that are unlawful where you reside or where you are physically located when you use the Account to initiate -the transaction ("Prohibited Transactions"). Purchases and Cash Advances in Foreign Currencies. We convert purchases and cash advances made in a foreign currency to U.S. dollars. We use the conversion rate used by Discover Network to process the transaction in accordance with Discover Network's procedures. Currently, Discover Network uses agovernment-mandated rate, agovernment- published rate or the interbank exchange rate, depending on the country and currency. Regardless of source, the rate used will be the rate in effect on the date Discover Network processes the transaction or the prior business .day, depending on the time received. Transactions in China are conver#ed at a rate in effect on the date of 3 the transaction. Cash Advances. We may periodically offer you special rates on cash advances for the time period specified in the offer, subject to the Default Rates, section. The .offer may contain a Cash Advance Transaction Fee Finance Charge for each cash advance. After the expiration ofthe special rate, the standard Annual Percentage Rate for cash advances will apply. Balance Transfers. We may periodically offer you the opportunity to make balance transfers from other creditors or to make other transactions to your Account by means of balance 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 period specified in the offer, subject to the Default Rates section and may contain a Balance Transfer Transaction Fee Finance Charge .for each balance transfer made during the term of the offer, as disclosed in the offer and as set 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 subject 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, we will treat the transaction as a cash advance. We will not make balance transfers attempted by means of a coupon after the expiration date. Credit Authorizations. Certain transactions will require our authorization prior to completion. In some cases, you may be asked to provide identification. We 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 if any of these events happen. Authorized Users. If you want to cancel the authority of a current Authorized User to use your Account or a Card, you must notify us and destroy any Card in that .person's possession. You can notify us by telephoning 1-800-DISCOVER {1-800-347-2683), or by writing Discover Card, PO Box 30943, Salt Lake City, UT 84130-0943. None of your rights under this Agreement (other than to pay amounts owed) may be exercised by any person not a party to this Agreement acting pursuant to a power of attorney, without our separate written agreement (which we are not obligated to give). Unauthorized Use. Prior to its use, each Card must be signed by the person to whom it is issued. If a Card is lost or stolen, or if you think that someone is using your Account or a Card without your permission, notify us immediately. You can notify us bytelephoning 1-800-DISCOVER (1-800-347-2683), or by writing, Discover Card, PO Box 30943, Salt Lake City, UT 84130-0943. You agree to assist us in determining the facts relating to any theft or possible unauthorized use of your Account or a Card and to comply with such procedures as we may require in connection with our investigation. Your Credit Lines. We will advise you of your Account credit line. We may impose a lower line that will apply to cash advances, referred to as the cash advance credit line. We may 4 also impose a lower line that will apply to balance transfers, referred to as the balance transfer credit line. You agree not to allow your unpaid balance, including Finance Charges and fees, to exceed your Account credit line. If you exceed your Account credit line, we may request immediate payment of the amount by which you exceed your Account credit line. We may increase or decrease your .Account credit line, .your cash advance credit line or your balance transfer credit line without notice. The credit available for your use may, from time to time, be less than your Account credit line. For purposes~of determining your available credit, we reserve the right to postpone for up to 15 business days reducing your unpaid balances by the amount of any payment that we receive. Your available credit will not be increased by the amount of any credit balance. MAKING PAYMENTS Promise to Pay. You agree to pay us in U.S. dollars for all purchases, cash advances and balancetransferslncluding applicable Finance Charges and other charges or fees, incurred by you or anyone you authorize or permit to use your Account 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 refuse to accept the payment or charge your Account our cost to convert your payment to U.S. dollars. All checks must be drawn on funds on deposit in the U.S. You may not use a cash advance check, balance transfer check or coupon, or any other promotional check drawn on any Discover Bank credit card account to make payments on your Account. If your Account is a joint Account, each of you agrees to be liable individually and jointly for the entire amount owed on your Account. We ~ can accept late payments or partial payments or checks and money orders marked "payment in full" or with any other restrictive endorsement without losing any of our rights under this Agreement. Monthly Billing Statement. We will send you a billing statement after each monthly billing period in which you have a debit or .credit balance, unless, we waive our right to do so as permitted by law. The billing statement will show 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 New Balance, Payment Due Date and Minimum Payment Due as of the end of the billing period. If your prior month`s payment is returned unpaid, your required Minimum Payment Due may be higher than shown on your billing statement. See the Minimum Monthly Payment section on page 5. Monthly Payment Options. You may at any time pay the entire New Balance shown on your billing statement, but each month you must pay at least the Minimum Payment Due as described in the Minimum Monthly Payment section. All payments must be made in accordance with the terms, including the payment cutoff time, stated on your monthly billing statement, and we will credit your Account in accordance with those terms. In addition, we reserve the right to change those terms without prior notice as perm fitted by law. Automatic Billing Arrangements. If your Account number and/or Card expiration date 5 6 changes and our records indicate you have automatic billing established with a merchant, we will attempt to provide your new Account information to that merchant. To ensure uninterrupted billing, we recommend that you verifythe merchant hasyour newAccount information. You must contact the merchant directly if you do not wish to continue the automatic billing arrangement. How We Apply Payments. We will apply payments and. credits to the New Balance shown on your current billing statement in order of the Annual Percentage Rate appli- cable to the balance of each transaction category (as referenced in the Finance Charges section), generally from lowest to highest. beginning with the balance subject to the lowest Annual Percentage Rate. We then apply payments and credits to any new tra nsactions usi ng the same method. However, we have the right to apply payments and credits to balances with higher Annual Percentage Rates prior to balances with lower Annual Percentage Rates, such as when there are two initial special rates applicable to your Account and the lower Annual Percentage Rate will expire before the higher Annual Percentage Rate. Minimum Monthly Payment. The Minimum Payment Due each month will be the greater of: • the New Balance if it is less than $15; • $15 if the New Balance is $15 or more; or • any past due amount plus the greater of: • 2% of the New Balance (excluding current Periodic Finance Charges, Late and Overlimit Fees) rounded up to the nearest dollar or • current Periodic Finance Charges plus Late and Overlimit Fees plus $15 (not to exceed 3% of the New Balance) rounded up to the nearest dollar. We may also include some or all the amount by which you exceed your Account credit line. If more than 90% of your New Balance consists of special rate balance transfers, we may, at our discretion, increase your Minimum Payment Due to a maximum of 4% of the New Balance if it would otherwise be less than that. We may subtract certain fees to calculate the Minimum 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 imposition of an additional Overlimit Fee described in the Overlimit Fee section. Skip-A-Payment Offers. We may from time to time allow you to not make a minimum monthly payment and will notify you when this option is available. If you take advantage of this offer and do not make a minimum monthly payment, finance charges and any applicable fees will accrue on your Account in accordance with this Agreement and you must pay the Minimum Payment Due for the following billing periods. Credit Balances. We 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 credit balances greater than $1 that remain in your Account after 6 months. FINANCE CHARGES How We Calcu{ate 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, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that statement and you pay the New Balance by the Payment Due 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. We sort your transactions into groups of purchases, cash advances and balance transfersandthenfurthersortthetransactions within each group bytheirAnnual Percentage Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups. We refertothese groups astransaction 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 Daily Balance x days in billing period x Daily Periodic Rate. (You mayrefertothefinancechargesummary on your billing 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. How We Calculate, Your. Balances. We compute the Average Daily Balance for each transaction category by adding up all the daily balances in a billing period for a transaction category and dividing the total by the number of days in the billing cycle. We computethedailybalanceforeachtransaction category on each day by first adding the following to the previous day's daily balance: transactions made that day, fees charged thatdayand PeriodicFinanceChargesaccrued on the previous day's daily balance; and by then subtracting any credits and payments that are applied against the balance of the transaction categoryonthatday. In calculating the daily balance for the first day of the billing period, we consider the "previous day's daily balance" to have- been your balance for each transaction category on the last day of your previous billing period. If a transaction is posted to your Account after the close 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 Account are added tothe standard purchasetransaction category with 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 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 special 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 Charges in the applicable balance transfer transaction category until the special 7 rate would have expired. Variable or Fixed Interest Rates. The Daily Periodic Rate and corresponding Annual Percentage Ratethatapplyto eachtransaction category are either fixed rates or variable rates as set forth in your Pricing Schedule or in any special offers you receive from us. The Daily Periodic Rate is 1/365th of the corresponding Annual Percentage Rate. Variable Annual Percentage Rates are deter- mined by adding a specified number of percentage points to the Prime Rate. This is shown on the Pricing Schedule as "Prime + (percentage points)." For purposes of this Agreement, the Prime Rate is the highest rate of interest listed as the "prime rate" in the Money Rates section of The Wa115treet 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 .available to a borrower at any bank at any given time. If you have a variable rate, your Annual Percentage Rate will increase or decrease when the Prime Rate changes. This change will be effective beginning with the first day of the billing period that begins during the same month as the change in the Prime Rate. An increase in the Annual Percentage Rate may increase your Minimum Payment Due. Default Rates. Each time you do not make a required payment on time and each time you exceed your Account credit line twice in a twelve month period, we will increase the standard ANNUAL PERCENTAGE RATES for purchases and cash advances to fixed rates, up to a maximum of 30.99% (the "Default Rates ). Any special rates on purchases, balance transfers or cash advances will end, and a Default Rate will apply. We will base $ your Default Rates on factors such as: • your current purchase APR • your payment history with us • your payment history with other lenders Any increased rate and change in type- wil) apply beginning with the first day of the billing period in which (i) we did not receive at least the Minimum Payment Due by the Payment Due Date or (ii) you exceeded your Account credit line for the second time in a twelve month period. if your standard Annual Percentage Rate for purchases was increased under this or any previous version of the Default Rates section and, for any nine consecutive billing periods you pay at least the Minimum Payment Due, if any, by the Payment 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 Rates will apply beginning with the first day of your tenth billing period. Cash Advance Transaction Fee Finance Charges. Unless otherwise specified in a cash advance offer, we will 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 and no maxi- mum. 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 the purpose for which used, are subject to Cash Advance Transaction Fee Finance Charges. To obtain the total Finance Charge on cash advances for each billing period, we add any Cash Advance Transaction Fee Finance Charges for the billing period charged under .this section to any Periodic Finance Charges calculated under the Periodic Finance Charges section for each cash advance. transaction category and add up these amounts. Balance Transfer Transaction Fee Finance Charges. If the balance transfer offer you receive contains a Balance Transfer Trans- action Fee Finance Charge, we will charge you a Balance Transfer Transaction Fee Finance Charge for the amount of each balance transfer made under that offer. If there is a Balance Transfer Transaction Fee Finance Charge in conjunction with the offer you received when you applied for an Account, it will be in the amount set forth in the Pricing Schedule. The imposition of Balance Transfer Transaction Fee Finance Charges may result in an Annual Percentage Rate for balance transfers that is higher than the nominal Annual Percentage Rate. To obtain the total Finance Charge on balance transfers for each billing period, we add any Balance Transfer Transaction Fee Finance Charges calculated underthe Periodic Finance Charges section for each balance transfer transaction category and add up these amounts. Minimum Finance Charge. We will charge you a minimum FINANCE CHARGE of $.50 for any billing period in which some FINANCE CHARGE of less than $.50 would otherwise be imposed. FEES Annual Fee. If your Pricing Schedule accompanying your Card includes an Annual Fee, we will charge you an Annual Fee in the amount indicated. We will charge you this fee when we open your Account and at the beginning of each anniversary year your Account is open. The Annual Fee is not refundable, except as provided bylaw. late Fee. Wewill charge you a Late Fee if you have failed, as of the Payment Due Date, to make the Minimum Payment Due that was required to be paid for that billing period. The amount of the Late Fee is based on the sum of all outstanding purchases, cash advances, balance transfers, other charges, other fees and Finance Charges at the end of the billing period for which we did not receive timely payment. If the sum is $250 or less, the fee is $19; if it is greater than $250, the fee is $39. Overlimit Fee. Wewill chargeyou an Overlimit Fee each time that, as of the close of a billing period, your outstanding Account balance exceeds .your Account credit line. This fee may be charged even if the transaction which causes you to exceed your Account credit line is authorized by us or if you exceed your Account credit line due to the posting of Finance Charges or fees to your Account. The amount of the Overlimit Fee is based on the sum of all outstanding purchases, cash advances, balance transfers, other charges, other fees and Finance Charges at the end of the billing period. If the sum is equal to or less than $500 and you exceed .your credit line, the Overlimit Fee is $15. If the sum is greater than $500 and you exceed your credit line, the Overlimit Fee is$39. Returned Payment Fee. Wewill charge you a Returned Payment Fee of $35 each time you pay us with a check or 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 9 10 all or a part of an amount you owe us under this Agreement is returned unpaid. We will charge you this fee the first time any payment is returned unpaid, even if it is paid upon. resubmission. Returned Discover Card Check Fee. We will charge you a Returned Discover Card Check Fee of $35 each time we decline to honor a Discover Card cash advance check, balance transfer check, promotional purchase check, or other promotional- check. Pay-By-Phone Fee. We may from time to time. allow you to make payments by authorizing us over the telephone to transfer or pay funds from a deposit account to your Account. We will charge aPay-By-Phone Fee of $10 for each such transferor payment. Research Fee. We may charge you a Research Fee of $5 for each copy of a billing statement or sales slip that you request. However, we will not charge a fee if you request copies in connection with a billing error. DEFAULT AND CANCELLATION Types of Default. You are in default if you become insolvent; if you file a bankruptcy petition or have one filed against you; if we have a reasonable belief that you are unable or unwilling to repay your obligations to us; if you are declared incompetent by a court or if a court appoints a guardian for you or a conservator for your assets; if you die; if you fail to comply with the terms of .this Agreement, including failing to make a required payment when due, exceeding your Account credit line 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. Consequences of Default. Ifyou are in default, we may declare the entire balance of your Account immediately due and .payable without notice. If we refer the collection of your Account to an attorney or employ an attorney to represent us with regard to recovery of money that you owe us, we may charge you reasonable attorneys' fees and court or other collection costs as permitted bylaw and as actually incurred by us, including fees and costs in connection with any appeal. We 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 we have provided you. You can notify us by telephoning 1-800-DISCOVER (1-800-347-2683), or by writing Discover Card, PO Box 30943, Salt Lake City, UT 84130-0943. Of course, you will still be responsible to pay any amount you. owe us according to the terms of this Agreement. If your Account is a joint Account, 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. We may choose not to renew your Account (beyond the expiration date shown on the face of a Card) without notice. You must return any Card or unused checks to us upon request. PRIVACY AND OUR COMMUNICATIONS WITH YOU Our Privacy Policy. We may from time to time review your credit, employment and income records. We respectthe privacyof information about you and your Account. Our Privacy Policy includes a summary of the personal information we collect, when it may be shared with others, how we safeguard the confidentiality 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. Reporting to Credit Reporting Agencies. As indicated in our Privacy Policy, we may report to credit reporting agencies and other creditors the status and payment history of your Account, including negative credit information. Late payments, missed payments or other defaults on your Account may be reflected in your credit report. We normally report to such credit reporting agencies each month. If you believe that our report of your Account status is inaccurate or incomplete, please write us at the following address: Discover Card, PO Box 15316, Wilmington, DE 19850-5316. Please include your name, address, home telephone number and Account number. OurCommunicationswithYou. Ourpersonnel may listen to or record telephone calls between you and our representatives without additional notice to you as permitted bylaw. We may use any medium, including but not limitedtomail, livetelephonecalls,automated telephone equipment, prerecorded tele- phone calls, a-mail and may make calls to your cell phone to contact you about your Account or offer .you products or services that- may be of value to you. If you prefer not to be contacted in one or more of these ways, telephone us at 1-800-DISCOVER (1-800-347-2683) or write to us at Discover Card, PO Box 15354, Wilmington, DE 19850. Releasing Information About Your Account. We provide various methods by which you can obtain information about your Account. We will only release such information to you, any Authorized User that our records indicate is an authorized buyer on your Account and any other person with your prior permission, in addition to as provided in our Privacy Policy or as required by law. Our security measures cannot insure against unauthorized inquiries. You agree that we will 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 security number. Electronic Notices to You. We may offer 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 will be described in the offer. Notices -Changes to Your Information. If you change your a-mail address, mailing address or telephone number you must notify us of your new address or telephone number within 15 days. You can notify us by telephoning 1-800-DISCOVER (1-800-347- 2683) or by writing Discover Card, PO Box 30943, Salt Lake City, UT 84130-0943. If your Account is a Joint Account, any notice we mail to an address you have provided for the Account will serve as notice to both Cardmembers. 11 12 CLAIMS AND DISPUTES Merchant Disputes. We are not responsible for the refusal of anyone to accept or honor a Card or to accept checks that we have provided you. If a merchant fails to provide your purchase to your satisfaction and you request a credit to your Account, we will investigate the dispute. If we resolve the dispute in your favor, we will issue a credit to your Account and you will be deemed to have assigned to us your claim against the .merchant and/or any third party fvr the credited amount. Upon .our request, you agree to provide us with written evidence of such assignment. 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 vvhich result from your Account or the enforceability of the Agreement or any prior agreement, before initiating, joining or participating in any judicial or arbitration proceeding, as either an individual litigant or member of a class ("Proceeding"), the complaining party shall give the other party: (1) a written notice of the claim ("Claim Notice"), at feast 15 days before initiating any Proceeding, explaining in reasonable detail the nature of the claim and any sup- portingfacts; and (2) a reasonable good faith opportunity to resolve the claim without the necessity of a Proceeding. This includes any claims involving our parent corporation, subsidiaries, affiliates (including, without limitation, DFS Services LLC), predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities. Any Claim Notice shall be sent to us at Discover Card, PO Box 3024, New Albany, OH 43054 (or such other address as we shall subsequently provide to you) (the "Claim Notice Address") or to you at your address appearing in our records or, if you are represented by counsel, to your attorney at your attorney's office. Arbitration of Disputes. Agreement to arbitrate. In the event of any past, present or future claim or dispute (whether based upon contract, tort, statute, common law or equity) between. you and us arising from or relating to your Account, any prior account you have hadwith us, yourapplication,the relationships which result from your Account or the enforceability or scope of this arbitration provision, of the Agreement or of any prior agreement, you or we may elect to resolve the claim or dispute by binding arbitration. IF EITHER YOU OR WE ELECT ARBITRATION, NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE-HEARING DISCOVERY RIGHTS AND POST HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WITH RESPECT TO OTHER ACCOUNTS, OR LITIGATE IN COURT OR ARBITRATEANYCLAIMSASAREPRESENTATIVE OR .MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY ("Class Action Waiver"). Notwithstanding anything elsetothe contrary in this arbitration provision, only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision. We will 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 Account involves interstate commerce and this provision shall be governed by the Federal Arbitration Act (FAA). The arbitration shall be conducted, at the option of whoever files the arbitration claim, by either the American Arbitration Association (AAA) or the National Arbitration Forum (NAF} in accordance with their procedures in effect when 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 10, New York, NY 10017-5905, vwvw.adr.org (phone 1-800-778- 7879) or NAF at PO Box 50191, Minneapolis, MN 55405 (phone 1-800-474-2371). No other arbitration forum will be permitted, except as agreed to pursuant to either the Changes to this Agreement section or a writing 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 or procedure that is inconsistent with or purports to override the terms of this section. If we elect to resolve a claim or dispute by binding arbitration and the arbitrator issues an award in your favor on a claim or claims with respect to which you would not otherwise be entitled to recover your arbitration filing, administrative and hearing fees, reasonable attorneys' fees and/ or other arbitration costs, we will be responsible for paying or reimbursing such costs and fees if awarded by the arbitrator. Fees and Costs. At your written request, we will advance any arbitration filing, administrative and hearing fees which you would be required to pay to pursue a claim or dispute as a result of our electing to arbitrate that claim or dispute. Send requests to Discover Card, PO Box 15192, Wilmington, DE 19886-1020. The arbitrator will decide who will ultimately be responsible for paying those fees. You will only be responsible for paying or reimbursing our arbitration filing, administrative or hearing fees to the extent you would have been responsible for paying "attorneys' fees .and court or other collection costs" had the action proceeded in court. In no event will you be required to pay any fees or costs incurred by us in connection with an arbitration proceeding where such a payment or reimbursement is prohibited by applicable law Hearings and Decisions. Any arbitration hearing will take place in the federal judicial district where you reside. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and shall be authorized to award all remedies permitted by the substantive laws that would apply if the action were pending in court. If requested by any party, the arbitrator shall write an opinion containing the reasons forthe award. The arbitrator's decision will be final and bihding except for any appeal rights under the FAA and except that if the. amount in controversy exceeds $100,000, any party may appeal the award vvithin 30 days to a three- arbitratorpanel, which shall reviewthe award de novo. Unless applicable law provides otherwise, the appealing party will pay the cost of the appeal, regardless of its outcome. However, we will consider in good faith any reasonable request for us to bear the fees 13 charged by the arbitration administrator and the arbitrators in connection with the appeal. Judgment upon any award by the arbitrator may be enforced in any court having jurisdiction. Other Beneficiaries. of this Provision. Our rights and obligations under this arbitration provision shall inure to the benefit of and be binding upon our parent corporations, subsidiaries, affiliates (including, without limitation, DFS Services LLC), predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities, and will also inure to the benefit of any third -party named as a co-defendant with us or with any of the foregoing in a claim which is subject to this arbitration provision. Your rights and obligations under this arbitration provision shall inure to the benefit of and be binding upon all persons contractually liable under this Agreement and all Authorized Users of the Account. Surviual of this Provision. This arbitration provision shall survive termination of your Account as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, any bankruptcy by you and any sale by us of your Account. Right to Reject Arbitration. You may reject the Arbitration of Disputes section by providing us a notice of rejection within 30 days after receiving a Card, at the following address: Discover Card, PO Box 30938, Salt 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 with any other correspondence. Calling us to indicate that you reject the Arbitration of Disputes section or sending a rejection notice in a manner or format that does not comply with 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 arbitration will not affect your other rights or responsibilities under this Agreement or your obligation to arbitrate disputes under any other account as to which you and we have agreed to arbitrate disputes. If you do not send a rejection notice, you will be obligated by the Arbitration of Disputes section with respect to this and any prior account you have had with us, even if you have previously sent a rejection notice with respect to that prior account. LEGAL INTERPRETATION OF THIS AGREEMENT Severability. If any part of this Agreement becomes unenforceable, it will 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 respect to that proceeding. Compliance with Interest Rate Limitations. We intend that this Agreement will comply with applicable interest rate limitations. You will not be required to pay Finance Charges or other charges at a rate that is greater than the maximum amount permitted by law. If it is ever finally determined that, but for this section, the Finance Charges or other charges under this Agreement would exceed the 14 maximum lawful amount, the Finance Charges and other charges will be reduced to the maximum lawful amount. Any excess amount 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 check in our discretion. Governing Law. This Agreement and any claim or dispute arising out of this Agreement will be governed by applicable federal law and, to the extent state law applies, Delaware law. ASSIGNMENT OF ACCOUNT We may sell, assign or transfer your Account or any portion thereof without notice to you. You may not sell, assign or transfer your Account without first obtaining our prior written consent. CHANGES TO THIS AGREEMENT We may change any term or part of this Agreement, including, but not limited to, any finance charge rate, fee or method of computing any balance upon which the finance charge rate is assessed or add any new term or part to this Agreement. If required by law we will send you a notice at least 15 days before the change is to become effective. We may apply any such change to the outstanding balance of your Account on the effective date of the change and to new charges made after that date. You may be offered the opportunity to reject some of the changes, and if you do, you must notify us in writing within 15 days after the mailing of the notice of change at the address provided in the notice of change, in which case your Account will be closed and you must pay us the balance that you owe us under the existing terms of the unchanged Agreement. Otherwise, you will 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 in connection with your Account. We will notify you as required by law or by the terms of the product, service or benefit. PRIVACY POLICY We are required by federal law to provide you with a copy of our Privacy Policy each year. If you have previously notified us about your privacy preferences, as described in Section 4, it is not necessary to do so again unless you decide to change your preferences. We Respect Your Privacy Our mission is to provide you with superior products and services, along with the peace of mind knowing that the security of your personal information 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 continue to take steps, to safeguard that information. This Privacy Policy describes our efforts to meet these objectives. It includes a summary. of the following important information: • A listing of the personal information we collect; • The circumstances in which we may share information with others; • The ways we safeguard the confidentiality 15 and security of information; and • The steps you may take to limit our sharing of such information with others. See Section 4 for complete details. Please read our Privacy Policy carefully. It will help you understand how we collect and share information. 1. What Personal Information Do We Collect? To serve you better and manage our business, it is important that we collect and maintain accurate personal information about you. We obtain this information from applications .and other forms you submit to us, from your dealings with us and others, from consumer reporting agencies and from other sources, such as our Web 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. • We may obtain information such as Account balances, payment history, your use of your Account and the types of services you prefer from your transactions and other dealings with us and others. • We may obtain information such as the balances of your loans with other lenders and your payment history with others from consumer reporting agencies. • We may obtain information such as your Internet service provider, your a-mail address, your computer's operating system and Web browser, 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 the sharing of information with others. Many of the offers you receive for products and services are provided directly to you from us. For example, a retailer that accepts the Discovery Card may come to us with a special offer for Cardmembers, such as a discount certificate or product upgrade. -After careful consideration of the nature of the offer and the company, we will create a list of Cardmembers who may be interested in the offer based on certain characteristics. We wilt send the offer directly to those Card- members on behalf of the retailer by, for example, including an insert in their monthly billing statement or mailing the offer ourselves. We control the information used to make the offer; we do not share the list or any information about our Cardmembers with the retailer. However, please understand that if you do receive this type of offer from us and choose to take advantage of it, the retailer may then learn information about you because only Cardmembers with certain characteristics received the offer. There are, however, circumstances in which we may share the information we collect about you, as described in Section 1, with other companies in order to provide you with access to products and services and to service your Account effectively, as detailed below. We require these companies to adhere to our privacy standards. and to use this information only for the limited purpose for which it was shared. We do not allow them to disclose it to others without our prior approval. a. Sharing Personal Information with Our Corporate Family Our corporate family offers a variety of products and services that can help you 16 manage your finances. In order to provide you with access to these products and services, we may share the information we collect about you, as described in Section 1, with other members of our corporate family. These companies include .financial service .providers that offer credit protection, card servicing and payment processing services. b. Sharing Personal Information with Non- Affiliated Parties for Marketing Purposes We may share the information we collect about. you, as described in Section 1, with non-affiliated third parties, including those .that accept the Discover Card, in order to provide you with access to products and services offered directly by these companies that may be of value to you. These companies include financial service providers, such as insurance companies, and non-financial companies, such as retailers. c. Sharing Persona! Information with Others We may share the information we collect about you, as described in Section 1, with companiesthat perform support or marketing services on our .behalf, such as mailing, market research and .data processing; other financial institutions 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 information as permitted bylaw. 3. How Do We Protect the Confidentiality, Security and Integrity of Information about You? We maintain physical, electronic and procedural safeguards to protect. the information we collect about you. Access to such information is restricted to individuals who need it in order to service your Account or 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 toourdisciplinaryprocess. Wherethirdparties provide support services, we require them to conform to our privacy standards. It is important that the information. we maintain about you is accurate and complete. If you see information in your monthly billing statements or elsewhere which suggests that our information is incomplete or inaccurate, please write to us at Discover Card, PO Box 30943, Salt Lake City, UT 84130-0943 so that we can update this information. 4. How Can You Limit Sharing of Information About You? We respect your privacy and offer you choices as to whether we may share information about you with others. You have the option to tell us not to share the information we collect about you, as described in Section 1, with non-affiliated third parties. You also have the option to tell us not to share the information wecollect aboutyou, as described in Section 1, with companies in our corporate family. If you indicate a preference for either of these options, please understand that you may not receive offers for products and services provided by other companies that could help you lower your costs, maximize your financial resources or manage your finances. To indicate your preferences, please call us at 1-800-225-5202 or write to us at Discover Card, PO Box 30961, Salt Lake City, UT 84130- 0961. If you .have previously notified us about your privacy preferences, it is not necessary to do so again unless you decide to change your preferences. Your written request should include your name, address, 17 telephone number and Account number(s) and should not be sent with any other correspondence. In order to process your request, we require that the request be provided by you directly and .not through a third party. You will need to provide us with your preferences for each credit card account you have with us. You may notify us about your preferences at any time. Your request will remain in effect until you notify us otherwise. We will honor your request and not share this information except as permitted by law. For example, federal law permits us to share information about you with consumer reporting agencies, service providers and financial institutions vvith which we have joint marketing agreements. If you are a new Cardmember, we will not share any information about you, except as permitted by law, for thirty days after we provide this Policy to you in order to give you an opportunity to inform us about your preferences. If you are an existing Cardmember, please understand that you may continue to receive marketing offers directly from other companies that were already in production prior to the processing of your request. This Privacy Policy is provided to the primary Cardmember listed on the Account. However, any joint Cardmember has the right to notify us about preferences and we will treat that request as applying to the entire Account. We do not share information about former customers, except as permitted by law. This notification supercedes all previously issued Privacy Policies. We reserve the right to amend this Privacy Policy from time to time and we will notify you if we do so. This Privacy Policy is provided to you by Discover Bank and its subsidiaries, which currently include GTC Insurance Agency, Inc. and Discover Products Inc. Unless otherwise specified, it applies to the, family of Discover® Cards for consumers and the products and services offered in connection with those. Cards, including the Wallet Protection card registration service (with the exception of any information registered in connection with the service, which will not be shared). It is part of your Cardmember Agreement and provides a further explanation of how we collect and share information. You may have other rights under state laws that apply to this information. Please note that you will also receive privacy notices for other credit card accounts- you have with us, as well as other financial products and services provided to you by us and our affiliates. You will need to indicate your preferences for each of these separately as disclosed in the notice. Vermont Residents -Your state law requires financial institutions to obtain your consent prior to sharing information about you with others. Except as permitted by law, we will not share information we collect about you with non-affiliated third parties or companies in our corporate family unless you call us at 1-800-DISCOVER (1-800-347-2683) and authorize us to do so. California Residents -Your state law requires financial institutions to obtain your consent prior to sharing information about you with non-affiliated third parties. Except as permitted by law, we will not share information we collect about you with non- affiliatedthird partieswhileyou are a resident of California. 18 Your Billing Rights KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. 1. Notify Us in Case of Errors or Questions About Your Bill If you think your bill is wrong or if you need more information about a transaction on your bill,. write us on a separate sheet of paper at the address listed on your bill for Notice of Billing Errors. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill 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. • describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. 2. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as 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 pay any questioned amount while we are investigating, but you are still obligated to pay the 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 questioned 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 case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that~we think you owe, we may report you as delinquent. However, 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 question about your bill. And, we .must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. 3. Special 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 tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the goods or services. There 19 are two limitations on this right: (a) you must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant or if we mailed you the advertisement for the goods or services. 4. Purchases Made with Checks or Cash Advances The Special Rule for Credit Card Purchases does not apply to purchases made with a balance transfer check, cash 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, promotional purchase check, cash advance check or the proceeds of a cash advance, you do not have the right to withhold payment of the amount due. DESCRIPTION OF COVERAGE SCHEDULED AIR TRAVEL ACCIDENT INSURANCE Discover® Cardmembers are provided with $500,000 Scheduled Air Travel Accident Insurance.* You, your Spouse, Domestic Partner or eligible Dependent Children for whom a ticket was 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 whom a ticket was purchased on your .Card are riding as a passenger in or entering, exiting or being struck by a Scheduled Aircraft or a conveyance operated by a military transport service or riding as a passenger in or entering or exiting any conveyance licensed to-carry the public for a fee and while traveling directly to or from the airport immediately preceding the departure of a Scheduled Aircraft on which the Insured Person has purchased passage and immediately following the arrival of a Schedule Aircraft on which the Insured Person was a passenger. *Coverage is underwritten by Federal Insurance Company, a member insurer of the Chubb Group of Insurance Companies. Certain limitations and exclusions apply. PLAN FEATURES THE BENEFITS: The full Benefit Amount ($500,000) is payable for Accidental Loss of life. The Loss must occur within one year of the Accident. MAXIMUM LIMIT OF INSURANCE: If more than one Insured Person suffers a loss in the same Accident, the Company will not pay more than the maximum limit of insurance ($20,000,000) per Accident. If an Accident results in Benefit Amounts becoming payable, which when totaled, exceed the applicable limit of insurance shown above, the maximum limitofinsurancewillbedividedproportionally among the Insured Persons, based on each applicable Benefit Amount. In the event of multiple Accidental deaths per Account arising from any one Accident, the Company's liability for all such Losses will be limited to a maximum limit of insurance equal to two times the applicable Benefit Amount for Loss of Life. Benefits will be proportionately divided among the Insured Persons up to the maximum limit of insurance. 20 DEFINITIONS: Accident or Accidental means a sudden, unforeseen and unexpected event happening bychance, and includesunavoidableexposure to elements arising from a covered Hazard. Accidental Bodily Injury(ies) means .bodily injury which is Accidental, is the direct source of a Loss, is independent of disease, illness or other cause and occurs while this policy is in force. Account means a Card account. Benefit Amount means the Loss amount at the time the entire cost of the passenger fare is charged to an Account. Card means the Discover Card.. Cardmember means the holder of the Card whose name appears on the credit card. CompanX means the Federal Insurance Company. Covered Trip means travel on a Scheduled Aircraft when the entire cost of the passenger fare for such transportation,. less redeemable certificates, vouchers or .coupons, has been charged to the Insured Person`s Account. Dependent Child or Children means those children, including adopted children and those children placed foradoption, who are primarily dependent upon the Insured Person for maintenance and support and who are: (1) under the age of 19 and reside with the Insured Person; (2) beyond the age of 19, permanently mentally or physically challenged, and incapable of self support; or (3) under the age of 25 and classified as full-time students at an institution of higher learning. Domestic Partner means a person who: (1) is at least 18 years of age and competent to enter into a contract; (2) is not related to the Insured Person by blood; (3) has exclusively lived with the Insured Person for at least one year prior to the date of enrollment; (4) is not legally married or separated;. and (5) as of the date of enrollment, has with the Insured Person at least two of the following financial arrangements: (a) a joint mortgage. or lease; (b) a joint bank account; (c) joint title to or ownership of a motor vehicle or status as a joint lessee on a motor vehicle lease; or (d) a joint credit card account with a financial institution. Neither the Insured Person nor the Domestic Partner can be married to, nor in a civil union with, anyone else. Hazard means the covered circumstances for which this insurance is provided as stated in Section III of the Declarations, Hazards, and described in the Hazards form, as described on page 1 of this Description of Coverage. Insured Person means all Cardmembers, their spouses, Domestic Partners and Dependent Children, as well as authorized users of the Account. loss means the Loss of Life. loss of Life means death, including clinical death determined by the local governing medical authorities. Policyholder means DFS Services LLC, the entity responsible for the. payment of premium. Scheduled Aircraft means an aircraft owned and/or operated by a Scheduled Airline. Scheduled Airline means an airline which is either of United States registry and certified by the United States government to carry passengers on a regularly scheduled basis or of foreign register and approved by the UnitedStatesgovernmentandtheappropriate foreign authority. 21 22 War means hostilities following a declaration of War by a government authority. If there is no declaration of War, then (1) armed, open and continuous hostilities between two countries or (2) armed, open and continuous hostilities between two factions, each in control of territory, or claiming jurisdiction over the site of the-area of hostility. DISAPPEARANCE BENEFITS: If the Insured Person has not been found within one year of the disappearance, stranding, sinking, wrecking or breakdown of any_ Scheduled Aircraft or conveyance in which the Insured Person was covered as an occupant, it will be assumed, subject to all other terms of the policy, that the Insured Person has suffered Loss of Life covered under this policy. EXPOSURE BENEFITS: Accident includes unavoidable exposure to elements arising from a covered Hazard. ELIGIBILITY: This insurance plan is provided to Insured Persons automatically when the entire cost of the passenger fare(s) on a Scheduled Airline is charged to the Cardmember's Account while the insurance is effective. It is not necessary for you to notify the .Policyholder or the .Company when Scheduled Airline tickets are purchased. EFFECTIVE DATES: Your insurance under this insurance plan is effective on the later of: 1) April 1, 2007; or 2) the date you become an eligibleCardmember.Yourinsurancecoverage under this insurance plan will cease on the earlier of: (1) the date the insurance coverage is terminated; or (2) the date you cease to be an eligible Cardmember. . COST: This insurance plan is provided at no additional cost to eligible Insured Persons for Covered Trips. Policyholder pays the full cost of the insurance. THE BENEFICIARY: The Loss of Life benefit will be paid to the beneficiary designated by you. If no 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; c) your parents d) your brothers and sisters, e) your estate. All other indemnities will be paid to you. If you wish to change your beneficiary, you may request a beneficiary designation form by writing to the plan administrator at: The Direct Marketing Group, Inc., 13265 Bedford Avenue, Omaha, NE 68164 or at Beneficiaryrequest@The DirectMG.com. EXCLUSIONS: .This insurance plan does not cover Loss resulting from: (1) an Accident occurring while an Insured Person is in, entering, or exiting any aircraft owned, leased or operated by this Policyholder or any aircraft owned, leased or operated by an employee of the Policyholder on behalf of the Policyholder (this exclusion -does not apply to aircraft chartered with pilot or crew on one time charter basis), (2) an accident while an Insured Person is in, entering, or exiting any aircraft while acting or training as a pilot or crew member (this exclusion does notapply.to passengerswhotemporarily perform pilot or crew functions in a life threatening .emergency); (3) emotional trauma, mental or physical illness, disease, pregnancy, childbirth or miscarriage, bacterial or viral infection, or bodily malfunctions (except bacterial infection caused by an Accident or from Accidental consumption of a substance contaminated by bacteria); (4) suicide, attempted suicide or Loss that is intentionally self-inflicted; or (5) declared or undeclared War. CLAIM NOTICE: Written claim notice must be given to the. Company within 90 days after the occurrence of any Loss covered by this policy or as soon as reasonably possible. Failure to give notice within 90 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 Company will send you forms for giving proof of Loss to us within 15 days. If you do not receive the forms, you shouldsendtheCompanyawrittendescription of the Loss. CLAIM PROOF OF LOSS: Complete proof of Loss must be given to Company within 90 days after the date of Loss, or as soon as reasonably possible. Failure to give complete proof of Loss within these time frames will not invalidate any otherwise valid claim if notice is given as soon as reasonably possible and in no event later than one year after the deadline to submit complete proof of Loss. CLAIM PAYMENT: The Company will pay you or your beneficiary the applicable Benefit Amount within 60 days after complete-proof of Loss is received and if you, the Policyholder and/or the beneficiary have complied with all the terms of the policy. ARBITRATION:.In the event of a dispute under this policy, either the Company or the Insured Person may make a written demand for arbitration. In that case, the Company and the Insured Person will each select an arbitrator. The two arbitrators will select a third. If they cannot agree within 15 days, either the Company or the Insured Person may request that the choice of arbitrator be submitted to the American Arbitration Association. The arbitration will be held in the state of the Insured Person`s principal residence. IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE .CALL THE CLAIMS SERVICE CENTER AT 1-800-CLAIMS-0 (1-800-252-4670). You can also go to the Company Website (www.chubb.com), .click on Report a loss, select Accident, Benefits ,and Life claims, select the appropriate form, print out the claim form, fill out and mail. You can file a claim by mail or fax. Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES CLAIMS SERVICE CENTER 600 INDEPENDENCE PARKWAY PO BOX 4700, CHESAPEAKE, VA 23327-4700 Fax Number: 1-800-300-2538 As a handy reference guide, please read this and keep .it 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 insurance while in effect. Complete policy provisions are contained in the Master Policy, which can be obtained from the Policyholder: Policy # 9906-18-06 Policy Underwritten By Federal Insurance Company ("Company") a member insurer of the Chubb Group of Insurance Companies 15 Mountain View Road, PO Box 1615 Warren, NJ 07061-1651 Plan Administrator The Direct Marketing Group, Inc. 13265 Bedford Avenue Omaha, NE 68164 23 DESCRIPTION OF COVERAGE SECONDARY RENTAL CAR COLLISION COVERAGE Discovery Cardmembers can benefit from the security and safety offered through Excess Collision Damage Waiver. If you rent a vehicle for 31 consecutive days or less (or 45 days under certain circumstances described below) with your Card (as defined below), you may be eligible for benefits under this coverage. ExcessCollision DamageWaiverisaninsurance program, underwritten by Federal Insurance Company Policy # 9906-17-63 (the "Policy"). DEFINITIONS: 24 Account means a Card account. Actual.Cash Value means the cost to repair or replace the Rented Automobile at the time of toss, less depreciation. Cardmember means the holder of the Card whose name appears on the credit card. Card means the Discover Card. Collision Damage means the direct and accidental damage to a Rented Automobile caused by upset or collision with another object. Collision Damage does not include loss caused by missiles, falling objects, fire, theft or larceny, explosion, earthquake, windstorm, hail, water, flood, malicious mischief or vandalism, riot or civil commotion. CompanX means the Federal Insurance Company. Insured means Cardmembers and authorized users of the Account. Policyholder means DFS Services LLC, the entity responsible for the payment of premium. Rental Agencx means a commercial automobile rental company licensed under the laws of the applicable jurisdiction. Rented Automobile means afour-wheeled private passenger type motor vehicle or a mini-van manufactured and designed to transport a maximum of seven passengers and used excursively to carry passengers. A Rented Automobile must be designed for travel on public roads and rented from Rental Agency. TO GET COVERAGE: • The Collision Damage Waiver Coverage is provided to you, as an Insured, automatically when the entire rental fee for the Rented Automobile is charged or debited to your Account. It is not necessary for you to notify the Company at the time the rental fee is charged or debited to your Account. • You must decline the Loss/Damage Waiver offered by the vehicle Rental Agency. • You must rent the vehicle in your own name and sign the vehicle rental agreement/contract. • The coverage period will not exceed 31 consecutive days or 45 consecutive days if the Insured is an employee of an organization which has provided a Card to the Insured for business use. THE KIND OF COVERAGE YOU RECEIVE: In consideration of the premium paid by the Policyholder as required, and subject to all the terms of the Policy, the Company agrees to reimburse on an Actual Cash Value basis either the Insured or the Rental Agency for repair or replacement of the Rented Automobile as a result of Collision Damage to the Rented Automobile. The Company's liabilitywill befora maximum reimbursement of $25,000. In no event will the Company be liable beyond the amQUnts actually paid by the Insured or the Rental Agency. • If you or an Insured's primary vehicle insurance or other coverage. has made payments for a covered loss, Excess Collision Damage Waiver will cover your deductible and any other eligible amounts not covered by other insurance. • This coverage is not all-inclusive, which means it does not cover such things as personal injury or personal liability. It does not cover you for .any damages to other vehicles or property. It does not cover you for any injury to any party. WHO IS COVERED: • Discover Cardmembers EXCLUDED RENTAL VEHICLES: Off-road, antique or limited .edition motor vehicles;trucks; recreationalvehicles,campers, pickup trucks, and mini-buses; limited edition motor vehicles or high value, exotic, high performance or collector -type. High value motor vehicles are motor vehicles 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 NOT COVERED: Coverage does not apply to loss resulting from the following: • Any dishonest, fraudulent or criminal act of the Insured. • Forgery by the Insured. 25 26 • Loss due to war or confiscation by authorities. • Loss due to nuclear reaction or radioactive contamination. • The Insured being 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. • Use of the 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 Automobile by the terms of the Rental Agreement. • Loss of use of the Rented Automobile. • Intentional damage to the Rented Automobile by the Insured. Damage which is due and confined to wear and tear, freezing, mechanical or electrical breakdown or failure. • Damage to tires unless the loss is coincident with a covered loss. • Use of the Rented Automobile in tests, races or contests. • The Rented Automobile being operated or located in any territory prohibited by the terms of the Rental Agreement. FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS: To the extentthatthis plan provides insurance against damage to a rented motor vehicle, the following terms and conditions apply: (1) the period of insurance coverage will not exceed 31 consecutive days, or 45 consecutive days if the Insured is an employee 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 over any other valid and collectible insurance covering the Rented Automobile. However, the insurance provided under this plan may be primary if specifically provided for under the terms of this .plan and if the following criteria is met: (a) the Rented Automobile is rented for use outside the United States, its territories and possessions; (b) the Insured is an employee of an organization which has provided the Card to the Insured for business use; and (c) the Rented Automobile is rented without a driver. HOW TO FILE A CLAIM UNDER -EXCESS COLLISION DAMAGE WAIVER: In the event of a claim, written or verbal notice must be provided as soon as reasonably possible. IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CLAIMS SERVICE CENTER AT: 1-800-CLAIMS-0 (1-800-252-4670). You can also go to the Company Website vvww.chubb.com), click on Report a Loss, select Accident, Benefits and Life claims, select the appropriate form, print out the claim form, fill out and mail. You can file a claim by mail or fax: Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES CLAIMS SERVICE CENTER 600 INDEPENDENCE PARKWAY PO BOX 4700 CHESAPEAKE, VA 23327-4700 Fax Number: 1-800-300-2538 CLAIM PROCEDURE: The Insured must send the Company written notice of a claim, including the Insured's name and Policy number, within 90 days after a covered loss occurs. If notice cannot be given within that time, it must be given as soon as reasonably possible. To file a sworn Proof of Loss, the Insured must send the following information to the Company or its authorized representative: • A copy of the Account statement showing the automobile rental transaction. • A copy of the automobile rental agreement. • A copy of the police report. • A copy of the initial claim report submitted to the automobile Rental Agency. • A copy of the paid claim presented by the automobile Rental Agency for the Collision Damage for which the Insured is responsible. • Proof of submission, of the loss to, and the results of any settlement or denial by the applicable insurance carrier(s). • If no other insurance is applicable, a notarized statement from the Insured to that effect. Reminder: Please refer to the Insurance Disclosures section. INSURANCE DISCLOSURES 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 is simply an informative state- ment to eligible Insureds of the principal provisions of the insurance while in effect. Complete provisions pertaining to this plan of insurance are contained in the master policy on file with DFS Services LLC, herein referred to as the Policyholder. If a statement inthis5ummaryofCoverageandanyprovision in the policy differ, the policy will govern. Policy Underwritten By Federal Insurance Company ("Company") a member insurer of the Chubb Group of Insurance Companies 15 Mountain View Road, PO Box 1615 Warren, NJ 07061-1651 Plan Administrator The Direct Marketing Group, Inc. 13265 Bedford Avenue Omaha, NE 68164 Master Policy Number: 9906-17-63 Effective date of benefits: Effective April 1, 2007, this guide replaces all prior disclosures, program descriptions, advertising, and/or brochures by any party. 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 choose not to renew the insurance coverage for all authorized Cardmembers. If Policyholder does cancel these benefits, you will be notified at least 60 days in advance. If the Company terminates, cancels, or chooses not to renew the coverage to Policyholder, you will be notified as soon as is practicable, Insurance benefits will still apply for any benefits you were eligible for prior to the date of such terminations, cancellation or non-renewal, subject to the terms ar~d conditions of coverage. Benefits to you: These benefits apply only to Cardmembers whose cards are issued by U.S. financial institutions. The United States is defined as the 50 United States, the District of Columbia, American Samoa, Puerto Rico, Guam and the U.S. Virgin Islands. No person or entity other than the Cardmember shall have any legal or equitable right, remedy, or 27 claim for insurance proceeds and/or damages under or arising out of this coverage. These benefits do not apply if your Card privileges have been cancelled. However, insurance benefits will still apply for any benefit you were eligible for prior to the date that your Account is suspended or cancelled subject to the terms and conditions of coverage of your Cardmember Agreement. Transfer of rights or benefits: No rights or benefits provided under these insurance benefits may be assigned without the prior written consent of the Company. Misrepresentation and Fraud: Coverage of the Insured will be void if, at any time, the Insured has concealed or misrepresented any material fact or circumstance concerning this coverage orthe subjectthereof orthe interest of the Insured herein, or in case of any fraud or false swearing by the Insured relating thereto. Coverage for an Insured will be void if, whether before or after a loss, the Policyholder oritssubscribingorganization(s)hasconcealed or misrepresented .any material fact or circumstance concerning this coverage or the subject thereof or the interest of the Insured therein, or in case of any fraud or false swearing by the Policyholder or its subscribing organization(s) relating hereto. Addition of New Insureds: All eligible persons will. be automatically insured under this Policy. Examination Under Oath: It is a condition of this insurance that the Insured and the Policyholder, as often as may be reasonably required by the Company, will submit, and within its power cause others to submit, to examinations under oath and will produce for examination all writings, books of account, bills, invoices and other vouchers, or certified copies thereof if originals are lost, 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 such examination under oath, examination of documents or any other act of the Company, its. employees or representatives in connection with the investigation of any loss or claim will be deemed a waiver of any defense and such acts shall be deemed to have been made or done without prejudice to the Company's liability. No Benefit to Others: This coverage will in no way inure directly or indirectly to the benefit of any insurer, person or organization or other bailee. Subrogation: It is a condition of this insurance that if the Company pays the Insured for a loss, it will require the Insured to assign and transfer any claim or right of 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 the amount paid. The Insured will agree to take action as requested. by the Company to enforce such rights. Upon payment by .the Company to the Insured, the Insured agrees to direct enforcement of such rights as reasonably requested by the Company and to return to the Company any recovery to the extent payment of loss has been made by the Company. Arbitration: In the event of a dispute under this policy, either the Company or the Insured may make a written demand for arbitration. In that case, the Company and the Insured will each select an arbitrator. The two arbi- tratorswill select a third, if they cannot agree within 15 days, either the Company or the Insured may request that the choice of 28 VIJV'~~~Y GR $2,717.89 ~ $55.00 Payment Due Date May 19, 2008 20 SDSN6A01 0003623 STEPHENS JR, ROBERT L 123 ANDREW CT CARLISLE PA 17015-4375 Enter Amount Enclosed Below Please ma)~e check payable to Discover Card or pay onlina~ Discovercard.com. Go paperleas and make your account information~m~nore secure with password- protected statements only you aan access. Learn more et discover.com/paperless. PO BOX 71084 CHARLOTTE NC 28 Address, email or telephone change$ Print change in space I I I~ I ' I' I I' above, or go to Discover.com. Print your e-mail address to " ' " "' ' "' " ' "' receive important Account information and spacial offers. 000001986458091402384027178900000000005500 ~~ `~~ ~ u ~Ilnrl~uurlrlllnrl~~lrl 272-1084 ~~~niln~n~u~~u~n~n~i~n~~ Discover More Card Account Summary Closing Date; .April 20, 2008 page 1 of 2 Account number ending in 8372 Payment Due Date May 19, 2008 Minimum Payment Due $55.00 Credit Limit $3,000.00 Credit Available $282.00 Cash Credit Limit $1,500.00 Eash Credit Available $282.00 You may be able to avoid Periodic Finance Charges, see the reverse side For details. Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period +---.~~ Cashback Bonvs® Since Anniversary Month March: $9.$3 Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(R). Previous Balance $0.00 Payments And Credits - 0.00 Purchases + 2,717.89. Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 0 00 New Balance _ $2,717.89 Cashback Bonus Balance $ 9.83 How Can We Hel You? I~ 1 • Visit Discover.com to pay your bill for no cost, view our latest A t i f i s It's your choice - 3 ways to help ccoun n ormat on, earn and redeem reward and more 2. Call 1-800-DISCOVER (347-2683) for fast eas selFservice Please have your Discover Card available. , y 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 Trans. Post . Dare Date Services Mar 21 Mar 21 VITAL PAYROLL NEW YORK NY $ 1,544.00 ', Apr 2 Apr 2 IKONGO NEW YORK NY 549 00 Apr 3 Apr 3 . BUSINESS DOCUMENT CENTER 212-9150934 NY 549 00 Apr 6 Apr 6 . MANHATTAN QROFESSIONAL G 212-736-1105 NY 19 99 Apr 7 Apr 7 . 7HE TAX CLUB SAINT GEORGE UT 24 95 Apr 8 Apr 8 . JACKSON HOLE 1-877.829-25 UT 22 00 Apr 8 Apr 8 . . CORPORATE RECORD PRO 8003449882 NV 8.95 Information For You Look for a change to your Payment Due Date next month. Remember we offer several payment options such as electronic payments through our Account Center at Discovercard.com and pay-by-phone at 1-800.DISCOVER (1-800.347-2683). Why not separate business expenses from pe sss Card. You'll get $60 extra Cashback(R) Bonus -just use your card once i extra $10 Cashback Bonus each month. Learn more at Business.Discovercard EXHIBIT 3, mention source code ZABD. Sign up for Free e-mail alerts that help you a~ nr n nnrrhneA nr hnlnn~rs nvronrtc ,~ limi4 evi Z is available, your payment has posted, VIJ~.~ V ~K Q~S~CVER• I Account number ending in 8372 Get added security with no paper trail Make your account information more secure with password-protected statements that only you can access. -.Access up to 24 months of downloadable, printable statements. • See your statement as soon os it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. Sign up today at Discovercom/paperless ®2009 Dlacover Bank, Member FDIC Closing Date: April 20, 2008 page 2 of 2 Through generous Cardmembers like you, Discover(R) Card has donated almost $16 million to the Make-A•Wish Foundation(R). Consider contributing your Cashback Bonus(R) to the Make-A-Wish Foundation to help make a child's dream come true. To further your donation, Discover will add an additional 203'0. Visit Discovercard.com or Wish.org Finance Charge Summary Balance Transfer offer for current billing period: Daily Periodic Rate; 0.00795%; corresponding A NNUAL PERCENTAGE RATE: 2.90%. Rate is subject to the terms of the offer including expiration. Nominal Average Daily ANNUAL ANNUAL Dail P i di PER Periodic Transaction Fee y er o c CENTAGE PERCENTAGE Balances Rates RATES RATES FINCH ~3 FINAC~ ~S current billing period: 47 days Purchases $0 O.OO7959e 2.9O9'o F 2.909'0 Cash Advances $0 $0 $0 0.06573% 23.9990 F 23.99% $0 $0 The rates that apply to your Account are either Fixed (F) or they may vary (V) ar noted above. QUeStlOnS? Manage your account at Discover.com or ..~II 7_onn nie~n~ien ri onn ~ ~~ n~ nn~ VIJ~.~V CK 52,1B7.oo I S44.oo 20 SDSN6A01 0003624 STEPHENS JR, ROBERT L 123 ANDREW CT CARLISLE PA 17015-4375 Payment. Due Date June 15, 2008 Address, o-mail or telephone changeZ Print change in space above, or go to Discover.com. Print your o-mail address to receive important Account information and special offers. Enter Amount Enclosed Below Please make check payable to Discover Card or pay online @ Discovercard.com. Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.comlpaperless. PO BOX 71084 ~~~r~r~~rrr~i~r~~~~r~~ri~~~ CHARLOTTE NC 28272-1084 ~u~i~~u~n~~~~~n~~n~~~ni~~~~u~~n~n~n~~n~n~n~~~n~~ 000001986458091402384021870000000000004400 Discover More Card Account Summary Closing Date: May 20, 2008 page 1 of 2 Account number ending in 8372 Previous Balance $2,717,89 Payment Due Date June 15, 2008 Payments And Credits - 607.00 Minimum Payment Due $44.00 Purchases + 70.85 Credit Limit $3,000.00 Cash Advances + 0.00 Credit Available $813.00 Balance Transfers + 0.00 Cash Credit Limit $1,500.00 Finance Charges + 5.26 Cash Credit Available $813.00 New Balance = $2,187.00 CQSIII)aCIC Bcnus® Opening Cashback Bonus Balance $ 9.83 New Cashback Bonus This Period + -2.39 Cashback Bonus Balance $ 7,qq Cashback Bonus Since Anniversary Month March: $7.44 Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(R). How Can We Hel YCta,? 1 • Visit Discover.com to pay your bill for no cost, view our I~ latest Account information, earn and redeem rewards and more ~trS yOUr CIlO1Ce - 3 Ways t0 help 2. Call 1.800-DISCOVER (347.2683) for fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Serviee 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 Payments and Crodits TEMPORARY CREDIT PENDING INVESTIGATION May 16 May 16 INTERNET PAYMENT • THANK YOU Merchandise/Retail Apr 19 Apr 21 CIC*TRIPLE ADVANTAGE 877.481.6825 CA Services May 7 May 7 THE TAX CLUB SAINT GEORGE UT May 8 May 8 JACKSON HOLE 1-877.829-25 UT May 8 May 8 CORPORATE RECORD PRO 8003449882 NV $ •549.00 -58.00 14.95 24.95 22.00 8.95 Information For You $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date May 15 Apr 3 BUSINESS DOCUMENT CENTER * * ATTENTION * * Please note that your Payment Due Date has changed. Please pay the Minimum Payment Due by this date to avoid a late fee. VIJ~.~'V CK r ~ Account number endin m 8372 DISCV R' ~ g Get added security with no paper trail Make your account information more secure with password-protected statements that only you can access. • Access up to 24 months of downloadable, printable statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through a-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. -.tw Sign up todpy CIt i Discovercom/paperless ®2009 Dixover Bank, Member FDIC Closing Date: May 20, 2008 page 2 of 2 Finance Charge Summary Balance Transfer offer for current billing period: Daily Periodic Rate: 0.007959'0; corresponding ANNUAL PERCENTAGE RATE: 2.90%. Rate is subject to the terms of the offer including expiration. Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FCINAR•~CS FINCHARGES al ces Rates RATES RATES current billing period: 30 days Purchases $2201.75 0.00795% 2.909'o F 2.90°'0 $5.26 $0 Cash Advances $0 0.06573% 23.999e F 23,99% $0 $0 previous billing period: 47 days Purchases $0 0.007959'0 2.90% F 2.90% $0 none The rates that apply to your Account are either Fixed (F) or they may vary (V) as noted above: QUeStlOns? Manage your account at Discover.com or ....II 1_4AA_flIC/'A\/[D I1 0r1r1 7 A7 '1L 071 VIJ~.V LK $2,641.a1 20 SDSN6A010003625 STEPHENS JR, ROBERT L 123 ANDREW CT CARLISLE PA 17015-4375 $53.00 ~ Enter Amount Enclosed Below Payment Due Date July 15, 2008 please make check payable to Discover Card or pay online ~ Discovercard.com. Address, e-mail or telephone changed Print change in space above, or go to Discover.com. Print your email address to receive important Account information and special offers. Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.com/paperless. PO BOX 71084 ~~~r~r~~r~r~r~r~~~rr~~~r~r~ CHARLOTTE NC 28272-1084 ~u~i~~u~ui~i~~n~~n~i~ui~~~~n~~n~u~u~~u~u~n~i~~i~~ DD00019864580914023840264181DDDOD000005300 Discover More Card Account Summary Closing Date: June 20; 2008 page 1 of 1 Account number ending in 8372 Previous Balance $2, l 137,00 Payment Due Date July 15, 2008 Payments And Credits - 45.00 Minimum Payment Due $53.00 Purchases + 493.9.0 Credit Limit $3,000.00 Cash Advances + 0.00 Credit Available $358.00 Balance Transfers + 0.00 Cash Credit Limit $1,500.00 Finance Charges . + 5.91 Cash Credit Available $358.00 New Balance _ $2,641.81 Cashback Bonus® Opening Cashback Bonus Balance $ 7.44 New Cashback Bonus This Period + 2.46 Cashback Bonus Balance $ 9,90 Cashback Bonus® Since Anniversary Month March: $9.90 Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(R). How Can We Hell~ YOU? 1~ 1 • Visit Discover.com to pay your bill for no cost, view our latest Account information, earn and redeem rewards and more ~t'S your choice - 3 ways to help 2. Call 1-800.DISCOVER (347.2683) for fast easyselFservice 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. Trans. Post Date Date Payments and Crodits Jun 13 Jun 13 INTERNET PAYMENT • THANK YOU $ -45.00 Merchandise/Retail Jun 4 Jun 4 WORLDWIDE BRANDS,INC 407-4649333 Fl 289.00 Jun 12 Jun 12 WORLDWIDE BRANDS,INC 407-4649333 FL 149.00 Services Jun 9 Jun 9 TAX CLUB SERVICES 877.829-2582 UT 24.95 Jun 9 Jun 9 JACKSON HOLE 1-877.829-25 UT 22.00 Jun '9 Jun 9 CORPORATE RECORD PRO 8003449882 NV 8,95 Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily Balances Periodic Rates PERCENTAGE RATES PERCENTAGE RATES FINANCE CHARGES FINANCE CHARGES current billing period: 31 days Purchases $2401.49 0.00795% 2.909'e F 2.909:0 $5.91 $0 Cash Advances $0 0.065739'0 23.9990 F 23.999'0 $0 $p The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. VIJ~.~ V CK $2,735.05 20 SDSN6A01 0003626 STEPHENS JR, ROBERT L 123 ANDREW CT CARLISLE PA 17015-4375 , ....... ....... _. _.. _....J ... ~~.~ $55.00 Enter Amount Enclosed Below Payment Due Date August 15, 2008 please make check payable to Discover Card or pay online ~ Discovercard.com. Address, e-mail or telephone changei; Print change in space above, or go to Discovar.com. Print your a-mail address to receive important Account information and special offers. Go paperless and make your account information more secure month password- protected statements only you can access. Learn more at discover.comlpaperless. PO BOX 71084 ~~~nr~~uni~r~l~ur~n~sl CHARLOTTE NC 28272-1084 ~u~i~~n~ri~~~~~u~~u~~~ni~~l~ni~u~nliil~u~n~n~i~n~~ 000001986458091402384027350500000000005500 Discover More Card Account Summary Closing Date: July 20, 2008 page 1 of 1 Account number ending in 8372 Previous Balance $2 641.81 Payment Due Date August 15, 2008 Payments And Credits , - 54 00 Minimum Payment Due $55.00 Purchases . + 140 82 Credit Limit $3,000.00 Cash Advances . + 0 00 Credit Available $264.00 Balance Transfers . + 0,00 Cash Credit Limit $1,500.00 Finance Charges + 6 42 Cash Credit Available $264.00 New Balance ~ $2,735.05 Cashback Bonus® Opening Cashback Bonus Balance $ 9.90 New Cashback Bonus This Period +. Q.70 Cashback Bonus Balance $ 10.60 Cashback Bonus® Since Anniversary Month March: $10.60 Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(R). How Can We Hel You? P ' 1 • Visit Discover.com to pay your bill For no cost, view our latest Account information, earn and redeem rewards and more ~t S your choice - 3 ways to help 2. Call 1-800-DISCOVER (347.2683) for fast, easy self-service 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 Trons. Poat . Date Date Payments and Credits Jul 14 Jul 14 INTERNET PAYMENT -THANK YOU $ -54.00 Merchandise/Retail Jul 12 Jul 12 PETICURE DALLAS TX 54.97 Services Jul 3 1ul 3 THE TAX CLUB 212-736-1 105 NY 29 95 Jul 9 Jul 9 . TAX CLUB SERVICES 877-829-2582 UT 24 95 1ul 9 Jul 9 . JACKSON HOLE 1-877.829-25 UT 22 00 Jul 9 Jul 9 . CORPORATE RECORD PRO 8003449882 NV 8,95 Finance Charge Summary Average Dail Daily P i d Nominal ANNUAL PER ANNUAL Periodic Transaction Fee y Balances er o ic Rates CENTAGE RATES PERCENTAGE RATES FINAC~G S FINCFW~RGE current billing period: 30 days Purchases $2689.11 Cash Advances $0 .0.007959'0 0 ' 2.90% F ' 2.90% $6.42 $0 .065739 0 23.999 0 F 23.999'0 $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above VIJ<r"''Y CK $2,884.28 20 SDSN6A01 0003627 STEPHENS JR, ROBERT L 123 ANDREW CT CARLISLE PA 17015-4375 $125:00 ~ Enter Amount Enclosed Below Payment Due Date ~ ~---~ September 15, 2008 please make check payable to Discover Card. Minimum payyment due includes a past due amount of $55.00. Address, e-mail or telephone change6 Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.comJpaperless. PO BOX 71084. III~r~Il~rrr~I~IILrJ~rLl CHARLOTTE NC 28272-1084 ~nlilluln~~~l~niluliln~~ll~nilulnlnllnlulu~~lnll OOD001986458091402384D28842800000000012500 Discover More Card Account Summary Closing Date: August 20, 2008 page 1 of 1 Account number ending in 8372 Previous Balance $2,735.05 Payment Due Date September 15, 2008 Payments And Credits - 549.00 Minimum Payment Due $125.00 Purchases + 643.90 Credit Limit $3,000.00 Cash Advances + 0.00 Credit Available $1 15.00 Balance Transfers + 0.00 Cash Credit Limit $1,500.00 Finance Charges + 54 33 Cash Credit Available $1 15.00 New Balance $2,884.28 CCSItI3gCIC BcnUS® Opening Cashback Bonvs Balance $ 10.60 New Cashback Bonus This Period + Q;27 Cashback Bonus Balance $ ~p,87 .Cashback Bonus® Since Anniversary Month March: $10,87 How Can We Hel YOU? 1 • Visit Discover.com to pay your bill for no cost, view our p latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-800.DISCOVER (347-2683) for Fast, easy selFservice Please have your Discover Card available. options or to speak with a Customer Service Account Manager For TDD assistance For hearin 3. Write us at Discover Card, PO Box 30943, ( g impaired) see reverse side Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits 1ul 22 1ul 22 AN ADJUSTMENT TO YOUR ACCOUNT $ -549.00 Merchandise/Retail Jul 22 Jul 22 BUSINESS DOCUMENT CENTER 549.00 REVERSAL OF TEMPORARY CREDIT Other/Miscellaneous Aug 16 Aug 16 LATE FEE 39.00 Services Aug 9 Aug 9 TAX CLUB SERVICES 877-829-2582 UT 24.95 Aug 9 Aug 9 JACKSON HOLE 1-877.829.25 UT 22,00 Aug 9 Aug 9 CORPORATE RECORD PRO 8003449882 NV 8.95 Information For You * * * ATTENTION * * * Your account is past due. Please pay the past due amount now, or contact us to make other arrangements. Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHA GR ES CHARGES current billing period: 31 days Purchases $2782.76 0.06299% 22.9430 F 22.993e $54.33 $0 Cash Advances $0 0.06847% 24.99% F 24.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. VIJt.`~V CK 52,77a.aa i S56.00 Payment Due Date October 15, 2008 20 SDSN6A01 0003626 STEPHENS JR, ROBERT L 123 ANDREW CT CARLISLE PA 17015-4375 Address, a-mail or telephone change6 Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. --....._....__. _.._...o... __._ Enter Amount Enclosed Below ~~ Please make check payable to Discover Card or pay online ~ Discovercard.com. Go paperless and make your account information more secure with password- protected statements only you can access, Learn more at discover.comlpaperless. PO BOX 71084 Ill~~~ll~~r~rl~lllu~lnl~l CHARLOTTE NC 28272-1084 I~~I~II~~l~nl~ll~n~~~l~l~nllll~ul~~lnlnll~~ln~~~l~l~~ll 000001986458091402384027744400000000005600 Discover More Card Account Summary Closing Date: September 20, 2008 page 1 of 1 Account number ending in 8372 Previous Balance $2 884 28 Payment Due Date October 15, 2008 Payments And Credits , - 172 53 Minimum Payment Due $56.00 Purchases . + 55 90 Credit Limit $3,000.00 Cash Advances . + 0 00 Credit Available $225.00 Balance Transfers . + 0 00 Cash Credit Limit $1,500.00 Finance Charges . + 6 79 Crash Credit Available $225.00 New Balance $2,774.44 CQSI16aC1C Bonus® Opening Cashback Bonus Balance $ 10,87 New Cashback Bonus This period + 0.27 Cashback Bonus Balance $ ~ x,14 Cashback Bonus® Since Anniversary Month March: $1 1.14 Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(R). How Can We Hel You? 1 • Visit Dittover.com to pay your bill for no cost, view ur P latest Account information, earn and redeem rewardsoand more It's your choice - 3 ways to help 2• Call 1-800.DISCOVER (347.2683) for fast, easy self-service 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 Trans. Post . Dais Date Payments and Crodits Aug 26 Aug 26 INTERNET PAYMENT -THANK YOU $ -125.00 Aug 26 Jul 20 ADJUSTMENT -FINANCE CHARGE -47.53 Services Sep 9 Sep 9 TAX CLUB SERVICES 877.829-2582 UT 24 95 Sep 9 Sep 9 JACKSON HOLE 1-877.829.25 UT . 22 00 Sep 9 Sep 9 CORPORATE RECORD PRO 8003449882 NV . 8.95 Finance Charge Summary Average Dail Daily P i d Nominal ANNUAL PERC ANNUAL Periodic Transaction Fee y glances er o ic Rates ENTAGE RATES PERCENTAGE RATES FINA G S FIN ~~S current billing period: 31 days CHA E C Purchases $2756.83 Cash Advances $0 0.007959e 0 2.90°:a F ' 2.909'0 $6.79 $0 .06573% 23.999 e F 23.999e $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. VIJ~.e V CK $2,794.72 I $56.00 ~ Enter Amount Enclosed Below Payment Due Date November 15, 2008 please make check payable to Discover Card or pay online ~ Discovercard.com. 20 SDSN6A01 0003629 STEPHENS JR, ROBERT L Gopaperlessandmakeyouraccount information more secure with password- 123 ANDREW CT protected statements only you can access. CARLISLE PA 17015-4375 Learn more at discover.comlpaperless. PO BOX 71084 ~~~~rr~~~~r~~~r~~~i~~~rr~i~ CHARLOTTE NC 28272-1084 Address, e-mail or telephone change2 Print change in space I~~I~~~~~~~~~I~II~~~I~~I~I~~~I'll~~~'~~'~~I~~'I I I I I ll above, or go to Discover.com. Print your e-mail address to ~~ ~~ ~~ ~ i~ receive important Account information and special offers. 000001986458091402384027947 2000000000056D0 Discover More Card Account Summary Closing Date: October 20, 2008 page 1 of 1 Account number ending in 8372 Previous Balance $2,774.44 Payment Due Date November 15, 2008 Payments And Credits 70.00 Minimum Payment Due $56.00 Purchases + 55.90 Credit Limit $3,000.00 Cash Advances + 0.00 Credit Available $205.00 Balance Transfers + 0.00 Cash Credit Limit $1,500.00 Finance Charges + 34.38 Cash Credit Available $205.00 New Balance = $2,794.72 Cps{16CCk BcnUS® Opening Cashback Bonus Balance $ 11.14 New Cashback Bonus This Period + 0.48 Cashback Bonus Balnhce $ ~ x,62 Cashback Bonus® Since Anniversary Month March: $11.62 Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(Rl. How Can We Hel You? 1 • Visit Discover.com to pay your bill for no cost, view your p latest Account information, earn and redeem rewards and more ft's your choice - 3 ways to help 2. Call 1.800-DISCOVER (347-2683) for fast, easy self-service options or to speak with a Customer Service Account Manager Please have your Discover Card available. 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) see reverse side Salt Lake City, UT 84130 Transactions Payments and Crodits Services $0 Fraud Liability Guarantee Usa your Discover Card with confidence. Trans. Post Date Date Oct 11 Oct 11 INTERNET PAYMENT -THANK YOU Oct 9 Oct 9 TAX CLUB SERVICES 877.829-2582 UT Oct 9 Oct 9 JACKSON HOLE 1-877.829.25 UT Oct 9 .Oct 9 CORPORATE RECORD PRO 8003449882 NV -70.00 24.95 22.00 8.95 Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily Balances Periodic Rates PERCENTAGE RATES PERCENTAGE RATES FINACHARG S FINCFIAARGES current billing period: 30 days Purchases $2790.05 0.04107% 14.99% F 14.99% $34.38 $0 Cash Advances $0 0.06573% 23.993'0 F 23.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary N) as noted above J~ ~~V CK $2,840.55 I $57.00 ( Enter Amount Enclosed Below Payment Due Date December 15, 2008 please make check payable to Discover Card or pay online ~ Discovercard.com. 20 SDSN6A01 0003630 STEPHENS JR, ROBERT L Gopaperlessandmakeyouraccount 123 ANDREW CT information more secure with password- protected statements only you can access. CARLISLE P A 17 015 - 4 37 5 Learn more at discover.corn/paperless. PO BOX 71084 •~~~nr~~nm~r~ ~~m~u~r~ Address, a-mail or telephone change$ Print change in space CHARLOTTE NC 28272-1084 above, or go to Discover.com. Print your e-mail address to '~~'~)I~~I~~~I~I)~~~II~I~I~~~IIII11I'~I„I„II''I1tI"I'I"'I receive important Account information and special offers. 000001986458091402384028405 5000000000D5700 Discover More Card Account Summary Closing Date: November 20, 2008 page 1 of 1 Account number ending in 8372 Previous Balance $2 794 72 Payment Due Date December 15, 2008 Payments And Credits - , . 56 00 Minimum Payment Due $57.00 Purchases + . 65 89 Credit limit $3,000.00 Cash Advances + . 0 00 Credit Available $159.00 Balance Transfers + . 0 00 Cash Credit Limit $1,500.00 Finance Charges + . 35 94 Cash Credit Available $159.00 New Balance $2,840.55 CaSI16CCIC Bcrlus® Opening Cashback Bonus Balance $ ~ 1'.62 New Cashback Bonus This Period + p~5~ Cashback Bonus Balance $ ~ y, ~ ~ Cashback Bonus® Since Anniversary Month March: $12,17 Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(R). How Can We Hel YOU? 1 • Visit Discovsr.com to pay your bill for no cost, view our p latest Account information, earn and redeem rewards and more ~t'S your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) For fast, easyself-service 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. Trans. Date Post Date Payments and Crodits Nov 10 Ctther/Miscellaneous Oct 24 Services Nov 9 Nov 9 Nov 9 Nov 10 Oct 24 Nov 9 Nov 9 Nov 9 INTERNET PAYMENT -THANK YOU IDENTITY THEFT PROTECT 800.347-3089 UT TAX CLUB SERVICES 877-829-2582 UT JACKSON HOLE 1.877-829.25 UT CORPORATE,RECORD PRO 8003449882 NV $ -56.00 q.qq 24.95 22.00 8.95 tmance Charge Summary Average Dail Daily P i d Nominal ANNUAL PER ANNUAL Periodic Transaction Fee y Balances er o ic Rates CENTAGE RATES PERCENTAGE RATES FINAL GE FINC~~S current billing period: 31 days Purchases $2822.85 Cash Advances $0 0.041073'0 ' 14.993'0 F 14.999'0 $35.94 $0 0.065739 0 23.9990 F 23.999'0 $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. VIJI.~V GK $2,8sa.a1 20 SDSN6A01 0003631 STEPHENS JR, ROBERT L 123 ANDREW CT CARLISLE PA 17015-4375 $57.00 I Enter Amount Enclosed Below Payment Due Date ~ ~- -~ January 15, 2009 please make check payable to Discover Card or pay online f~ Discovercard.com. Address, e-mail or telephone change8 Print change in space above, or go to Discover.com. Print your a-mail address to receive important Account information and special offers. Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.com/paperless. PO BOX 71084 III~~~II~~~„I~III~~~I~~I~I CHARLOTTE NC 28272-1084 ~u~illu~n~~~l~nilu~ilnill~~ui~nlnln~~n~n~n~~lnl~ 000001986458091402384028848100000000005700 Discover More Card Accoulnt Summary Closing Date: December 20, 2008 page 1 of 1 Account number ending in 8372 Previous Balance $2,840.55 Payment Due Date January 15, 2009 Payments And Credits - 57.00 Minimum Payment Due $57.00 Purchases + 65.89 Credit Limit $3,000.00 Cash Advances + 0.00 Credit Available $1 15.00 Balance TransFers + 0.00 Cash Credit Limit $1,500.00 Finance Charges + 35,37 Cash Credit Available $1 15.00 New Balance = $2,884.81 Cashback Bonus® Opening Cashback Bonus Balance $ 12.17 New Cashback Bonus This Period + 0.55 Cashback Bonus Balance $ 12.72 Cashback Borius® Since Anniversary Monfh March: $12.72 Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(R). How Can We Hel YOU? P 1 • Visit Discover.com to pay your bill for no cost, view our latest Account inFormation, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) for fast easy selFsetvice Please have your Discover Card available. , options or to speak with a Customer Service Account Manager 3, Write us at Discover Card, PO Box 30943, For TDD (assistance For hearing impaired) see reverse side Salt Lake City, UT 84130 .Transactions $0 fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Dec 12 Dec 12 INTERNET PAYMENT -THANK YOU $ -57.00 Other/Miscellaneous Nov 22 Nov 22 IDENTITY THEFT PROTECT 800.347-3089 UT q,9q Services Dec 9 Dec 9 TAX CLUB SERVICES 877-829.2582 UT 24.95 Dec 9 Dec 9 JACKSON HOIE 1.877-829.25 UT 22.00 Dec 9 Dec 9 CORPORATE RECORD PRO 8003449882 NV 8.95 Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily Balances Periodic Rates PERCENTAGE RATES PERCENTAGE RATES FINANCE CHARGES FINANCE CHARGES current billing period: 30 days Purchases $2872.51 0.04107°/.0 14.99% F 14.99% $35.37 $0 Cash Advances $0 0.065733'0 23.99% F 23.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above ~~V CK $2,968.13 $59.00 I Enter Amount Enclosed Below Payment Due Date ~ ~--~ February 15, 2009 pleas8 make check payable to Discover Card or pay online ~ Discovercard.com. 20 SDSNfiA01 0003632 STEPHENS JR, ROBERT L Go paperless and make your account 123 ANDREW. CT information more secure with password- protected statements only you can access. CARLISLE P A 17 015 - 4 3 7 5 Learn more at discover.cornlpaperless. PO BOX 71.084 ~~~ni~~nm~r~ ~~ur~rr~r~ Address, a-mail or telephone change8 Print change in space CHARLOTTE NC 28272-1084 above, or go to Discover.com. Print your o-mail address to I~~I~II~~'~i~~~ll~iil~~l~~~t~IIIII„I11I„I'~II" I"Ir1l''I,II receive important Account information and special offers. 000001986458091402384029681 3000000D0005900 Discover More Card Account Summary Closing Date: January 20, 2009 page 1 of 1 Account number ending in 8372 Previous Balance $2 884 81 Payment Due Date February 15, 2009 Payments And Credits - , . 57 00 Minimum Payment Due $59.00 Purchases + 103 39 Credit Limit $3,000.00 Cash Advances + . 0 00 Credit Available $31.00 Balance Transfers + . 0 00 Cash Credit Limit $1,500.00 Finance Charges + . 36 93 Cash Credit Available $31.00 New Balance $2,968.13 CgShbaCk BGnUS® Opening Cashback Bonus Balance $ 12,72 New Cashback Bonus This Period ± p,q~ Cashback Bonus Balance $ 13.b5 Cashback Bonvs® Since Anniversary Month March: $13.65 Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(R). How Can We Hel YOU? 1 • Visit Discovsr.com to pay your bill for no cost, view our h latest Account information, earn and redeem rewards and more ~trS your choice - 3 ways to help 2. Call 1.800.DISCOVER (347-2683) for fast, easyself-service Please have your Discover Card available, options or to speak with a Customer Service Aceounf 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 Trans. Date Post Daro Payments and Credits Other/Miscellaneous Services Jan 1 Dec 23 Jan 9 Jan 9 Jan 9 Jan 17 Jan 1 Dec 23 Jan 9 Jan 9 Jan 9 Jan 17 INTERNET PAYMENT -THANK YOU IDENTITY THEFT PROTECT 800-347.3089 UT TAX CLUB SERVICES 877-829.2582 UT JACKSON HOLE 1-877-829-25 UT CORPORATE RECORD PRO 8003449882 NV THE TAX CLUB SAINT GEORGE UT $ -57.00 9,99 24.95 22 00 8.95 37,50 Finance Charge Summary Average Daily Balances current billing period: 31 days Purchases $2901.65 Cash Advances $0 Nominal Transaction Daily ANNUAL ANNUAL Periodic Fee Periodic PERCENTAGE PERCENTAGE ~NA~R ES FICA ES Rates RATES RATES 0.04107% 14.99go F 14.999'0 0.0657396 23.999a F 23.999'0 $36.93 $0 $0 $0 The rates that apply to your Account are either Fixed (F) or they may vary (V) as noted above. V~J~eari~ V CK $3,013,06 20 SDSN6A01 0003633 STEPHENS JR, ROBERT L 123 ANDREW CT CARLISLE PA 17015-4375 $60.00 J Enter Amount Enclosed Below Payment Due Date March 17} 2009 Please make check payable to Discover Card. You are overlimit. Pay the sum of the monthly minimum payment plus the overlimit amount of $13.06. Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.com/paperless. Address, a-mail or telephone change2 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 Illr~rllrrrrrl~lll~irlrrlrl CHARLOTTE NC 28272-1084 ~nl~~lii~~i~lillin~nliln~~~ll~n~iilu~u~~nlnliilil~ill 0000019864580914023840301306DOOOOOOOD06000 Discover More Card Account Summary Closing Date: February 20, 2009 page 1 of 1 Account number ending in 8372 Payment Due Date March 17, 2009 Minimum Payment Due $60.00 Credit Limit $3,000.00 Credit Available $0.00 Cash Credit Limit $1,500.00 Cash Credit Available $0.00 Previous Balance $2,968.13 Payments And Credits - 59.00 Purchases + 65,89 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 38 04 New Balance = $3,013.06 CQSMhdGIC BOr1U5® Opening Cashback Bonus Balance $ 13.65 New Cashback Bonus This Period + 0.55 Cashback Bonus Balance $ 14.20 Cashback Bonus® Since Anniversary Month March: $14.20 Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(R). How Can We Hel YOU? 1 • Visit Discover.com to pay your bill for no cost view our P latest Account information, earn and redeem rewards and more It's your choice - 3 .ways to help 2. Call 1-800-DISCOVER (347-2683) For fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager For TDD assistance for hedrin 3. Write us at Discover Card, PO Box 30943, ( g impaired) see reverse side Salt Lake City, UT 84130 Transactions $0 fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Dote Date Payments and Crodits Feb 5 Feb 5 INTERNET PAYMENT -THANK YOU ~ -59.00 Other/Miscellaneous Jan 22 Jan 22 IDENTITY THEFT PROTECT 800-347.3089 UT q.qq Services Feb 9 Feb 9 TAX CLUB SERVICES 877-829-2582 UT 24.95 Feb 9 Feb 9 JACKSON HOLE 1-877.829-25 UT 22.00 Feb 9 Feb 9 CORPORATE RECORD PRO 8003449882 NV 8.95 Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE ~NA~ GES CNAHA G 5 Balances Rates RATES RATES current billing period: 31 days Purchases $2987.34 0.04107% 14.99% F 14.99% $38.04 $0 Cash Advances $0 0.06573% 23.99% F 23.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. utJ~r ~V CK $3,144.65 20 SDSN6A01 0003634 STEPHENS JR, ROBERT L 123 ANDREW CT CARLISLE PA 17015-4375 _....._.... _,...- ~ --- I ..___ ................. .........y ... ,...... $129.00 Enter Amount Enclosed Below Payment Due Date April 15, 2009 Please make check payable to Discover Card. You are overlimit. Pay the sum of the monthly minimum payment plus the overlimit amount of $144.65. Go paperless and make your account information more secure with password- Protected statements only you can access. Learn more at discover.com/paperless. Address, a-mail or telephone change$ 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 ~~~ur~~rnn~i~~~ur~u~r~ CHARLOTTE NC 28272-1084 ~n~i~~n~n~~~~~ni~n~i~ni~~~~n~~u~u~n~~n~n~n~r~n~~ 000001986458091402384031446500000000012900 Discover More Card Account Summary Closing Date: March 20, 2009 page 1 of 1 Account number ending in 8372 Previous Balance $3 013 06 Payment Due Date April 15, 2009 Payments And Credits , . 0 ~ Minimum Payment Due $129.00 Purchases Credit Limit $3,000.00 Cash Advances + 78 00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $1,500.00 Finance Char ec + 0.00 Cash Credit Available $0.00 g New Balance + 53 59 $3,144.65 CcShback BOnUS® Opening Cashback Bonus Balance $ 14 20 . New Cashback Bonus This Period + Opp Cashback Bonus® Since Anniversary Month Cashback Bonus Balance $ 14.20 March: $14 20 How Can We Hel You? I~ ' 1 • Visit Diseover.com to pay your bill for no cost, view our latest Account information earn and redeem r di d ~t S your choice - 3 ways to help , ewar an more 2. Call 1-800.DISCOVER (347.2683) for fast easy self-service 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 Trans. Post Date Date Other/Miscellaneous Mar 18 Mar 18 LATE FEE Mar 20 Mar 20 OVERLIMIT FEE 39.00 39.00 Information For You * * * ATTENTION * * * Your account is past due. Please pay the past due amount now, or contact us to make other arrangements. Finance Charge Summary Average Dail Daily P d Nominal ANNUAL ANNUAL Transaction y B an a erio ic Rates PERCENTAGE RATES PERCENTAGE RATES FINAL GES FIG S current billing period: 28 days Purchases $3038,81 Cash Advances $0 0.06299% ' 22.99% F 22.99% $53.59 $0 0.068473 0 24.99% F 24.993'e $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. VIJ~.~- V C K $3,303.72 I $226.00 ~ J Enter Amount Enclosed Below Payment Due Date May I5, 2009 Please make check payable to Discover Card. You are overlimit. Pay the sum oFthe monthly minimum payment plus the overlimit amount of $303.72. 20 SDSN6A01 0003635 STEPHENS JR, ROBERT L Go paperless and make your account information more secure with password- 123 ANDREW CT protected statements only you can access. CARLISLE PA 17015-4375 Learn more at discover.com/paperless. PO BOX 71D84 III~~~II~~~~~I~III~~~I~~I~I CHARLOTTE NC 28272-1084 Address, e-mail or telephone change2 Print change in space ~~~I~I~~~li~il~~l~~~l~~l~l~~~l~ll~~~'~iliil~~ll~~l~~~~~~~li~~l above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. 000001986458091402384033037200000000022600 Discover More Card Account Summary Closing Date; April 20, 2009 page 1 of 1 Account number ending in 8372 Previous Balance $3,144.65 Payment Due Date May 15, 2009 Payments And Credits - 0.00 Minimum Payment Due $226.00 Purchases + 78.00 Credit Limit $3,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $1,500.00 Finance Charges + 81,07 Cash Credit Available $0.00 New Balance = $3,303.72 You may be able to avoid Periodic Finance Charges, see fhe reverse side For details. Cashback Bonus® Opening Cashback Bonus Balance $ 14.20 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 14.20 Cashback Bonus® Anniversary Month: March How Can We Hel You? {~ 1 • Visit Discover.<om to pay your bill kr no cost, view our latest Accovnt information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1.800-DISCOVER (347-2683) for fast easy self service 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. Trans. Post Date Date Other/Miscellaneous Apr 16 Apr 16 LATE FEE $ 39,00 Apr 20 Apr 20 OVERLIMIT FEE 39.00 Information For You * * * ATTENTION * * * We previously requested the past due amount on your account. We have no record of receiving payment. The amount due should be paid at once. Finance Charge Summary Average Daily Dail P i di Nominal Transaction ANNUAL ANNUAL Periodic Fee PERCENTAGE PERCE y er o c NTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 31 days Purchases $3183.70 0.08216% 29.9990 F 29.990 $81.07 $0 Cash Advances $0 0.082169e 29.999'a F 29.999a $0 $0 The rates that apply to your Account are either Fixed (F) or they may vary (V) as noted above V~J~r`._,'VCK $3,464.11 20 SDSN6AOi 0003636 STEPHENS JR, ROBERT L 123 ANDREW CT CARLISLE PA 17015-4375 $324.00 I Enter Amount Enclosed Below Payment Due Dote $ June 15, 2009 please make check payable to Discover Card. You are overlimit. Pay the sum of the monthly minimum payment plus the overlimit amount of $464.11. Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.com/paperless. PO BOX 71084 Ill~~~llr~ri~l~lllir~l~rlrl CHARLOTTE NC 28272-1084 Address, e-mail or telephone changei' Print change in space (rr~i~~i~{r~i{i~{~i~{iilili~i~~lliiiliil~il~~ll~~l~ilr~l~l~ill above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. OOOOD19864580914D23840346411DDOODOOOD324DD Discover More Card Account Summary Closing Date: May 20, 2009 page 1 of 1 Account number ending in 8372 Previous Balance $3,303.72 Payment Due Date June 15, 2009 Payments And Credits 0.00 Minimum Payment Due $324.00 Purchases + 78.00 Credit Limit $3,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $1,500.00 Finan<s Charges + 82.39 Cash Credit Available $0.00 New Balance _ $3,4b4.11 You may be able to avoid Periodic Finance Charges, see the reverse side for details, Cashback Bonus® Opening Cashback Bonus Balance $ 14.20 New Cashback Bonus This Period + 0.00 Redeemed This Period 14.20 Cashback Bonus®"Anniversary Cashback Bonus Balance $ 0.00 Month: March How Can We Help You? 1 • Visit Discover.com to pay your bill For no cost, view your latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1.800.DISCOVER (347.2683) for Fast, easy selFservice options or to speak with a Customer Service Account Manager Please have your Discover Card available. 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) see reverse side Sa{t Loke City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date CNher/Miscellaneous May 16 May I6 LATE FEE $ 39.00 May 20 May 20 OVERUMIT FEE 39.00 Information For You * * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and arrangements For future payments should be made immediately. Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE B anc Rates RATES RATES CHARGES CHARGES current billing period: 30 dogs Purchases $3343.37 0.0821 b9'e 29.99% F 29.99% $82.39 $0 Cash Advances $0 0.08216% 24.99% F 29.99Ye $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. V~,L~V CK $3,631.43 $429.00 ~ I Enter Amount Enclosed Below Payment Due Date July 15, 2009 Please make check payable to Discover Card. You are overlimit. Pay the sum of the monthly minimum payment plus the overlimit amount of $631.43. 20 SDSN6A01 0003637 STEPHENS JR, ROBERT L Go paperless and make your account 123 ANDREW CT information more secure with password- protected statements only you can access. CARLISLE PA 17015-4375 Learn more at discover.com/paperless. PO BOX 71084 ~I~~r~Ilrrr~rl~Illi~i~rrl~I CHARLOTTE NC 28272-1084 Address, e-mail or telephone change$ Print change in space I~~'~I'~~~i~~Ii'I~~~I~~I~'i~~ll~li~~I~~I~~I~~II~~I~~'~~I~'~~II above, or go to Discover.com. Print your email address to receive important Account information and special offers. 00000198645809140238403631430000DD0004290D Discover More Card Account Summary Closing Date: June 20, 2009 page 1 of 2 Account number ending in 8372 Payment Due Date July 15, 2009 Minimum Payment Due $429.00 Credit Limit $3,000.00 Credit Available $0.00 Cash Credit Limit $1,500.00 Cash Crodit Available $0.00 Previous Balance $3,464.1 1 Payments And Credits - 0.00 Purchases + 78.00 Cash Advances + 0.00 Balance Transfers + 0.00 Finance Charges + 89.32 New Balance = $3,631.43 You may be able to avoid Periodic Finance Charges, ses the reverse side for details. Cashback Bonus® Cashback' Bonus® Anniversary Month: March Opening Cashback Bonus Balance $ 0:00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 How Can We Hel You? 1 • Visit Discover.com to pay your bill kr no coat, view our I~ latest Account information, earn and redeem rewards and more ItrS ~/OUC ChOICe - $ WdyS t0 help 2. Call 1-800-DISCOVER (347-2683) for fast, easy self-service options or to speak with a Customer Serviee Account Manager Please have your Discover Card available. 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) see reverse side Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence Trans. Post Dale Date Ckher/Miscellaneous Jun 16 Jun 16 LATE FEE Jun 20 Jun 20 OVERLIMIT FEE 39.00 39.00 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. * * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and arrangements for future payments should be made immediately. VIJ~.~V CK .. r_,.._ . _..._.._ ..... . ~~5~ VER. Account number ending in 8372 Get added security with no paper trail Make your account information more secure with password•protected statements that only you can access. • Access up to 24 months of downloadable, printable statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through a-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. Sign up today at Closing Date: June 20, 2009 page 2 of 2 Finance Charge Summary Average Dail Daily P i d Nominal ANNUAL ANNUAL Periodic Transaction Fee y lances er o ic Rates PERCENTAGE RATES PERCENTAGE RATES FINACHA GES FINCH ~5 current billing period: 31 days Purchases $3507.13 Cash Advances $0 0.08216% 29.99% F 29.99% $89.32 $0 0.08216% 29.9990 F 29.999'0 $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. QUeStIOnS~ Manage your account at Discover.com or ,.,.II ~_onnnic~ntsen ri nnn~~~ncn~~ ®2009 Discover Bank, Member FDIC V~J~r V CK $3,800.00 I $535.00 I Entec Amount Enclosed Below Payment Due Date August 15, 2009 please make check payable to Discover Card. Minimumpa ment due includes a past due amount of $429.00, 20 SDSN6A01 0003638 STEPHENS JR, ROBERT L Go paperless and make your account 123 ANDREW CT information more secure with password- protected.statements only you can access. CARLISLE PA 17015-4375 Learn more at discover.cornlpaperless. PO BOX 71084 ~~~~r~~~run~i~~~nr~n~r~ CHARLOTTE NC 28272-1084 Address, e-mail ortelephons change8 Print change in space above, or go to Discover.com. Print your e-mail address to I~~I~'I~~I~~~I~II~~~'~~I~I~~~II ll~~fl11II~'"II'~I~tl„I'I1111 receive important Account information and special offers. ODOOD1986458091402384038000 0D0000000053500 Discover More Card Account Summary Closing Date: July 20, 2009 page 1 of 2 Account number ending in 8372 Previous Balance $3,631.43 Payment Due Date August 15, 2009 Payments And Credits - 0.00 Minimum Payment Due $535.00 Purchases + 78 00 Credit Limit $3,000.00 Cash Advances . + 0 00 Credit Available $0.00 Balance Transfers . + 0 00 Cash Credit Limit $1,500.00 Finance Charges . + 90 57 Cash Credit Available $0.00 New Balance _ $3,800.00 You may be able to avoid Periodic Finance Charges, see the reverse side For details. CQShback BOItuS® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Month: March How Can We Hel You? p 1 • Visit Discover.<om to pay your bill For no cost, view our latest Account information earn and redeem rewards and more ~t'S your choice - 3 ways to help , 2. Call 1-800-DISCOVER (347.2683) for Fast eas selFservice Please have your Discover Card available. , y options or to speak with a Customer Service Account Manager For TDD assistance for hearin ( g impaired) sae 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. Trans. Post Date Date Othsr/Miscellaneous Jul 16 Jul 16 LATE FEE $ 39.00 Jul 20 Jul 20 OVERLIMI T FEE 39.00 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, vre 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. * * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and arrangements for future payments should be made immediately. VIJ~.~ V CK I_Q1SCVER' Account number ending in 8372 Get added security with no paper trail Make your account information more secure with password-protected statements that only you can access: • Access up to 24 months of downloadable, printable statements, • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through a-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. Sign up today at Discovercom/paperless Closing Date: July 20, 2009 page 2 of 2 Finance Charge Summary Average Dail Daily P i di Nominal ANNUAL PER ANNUAL Periodic Transaction Fee y Balances er o c Rates CENTAGE RATES PERCENTAGE RATES FINS ES FIN ARG S current billing period: 30 days G CH E Purchases $3675.02 Cash Advances $0 0.08216% ' 29.9990 F 29.993'0 $90.57 $0 0.082169 0 29.99% F 29.993'0 $0 $0 The rates that apply to your Account are either Fixed (F) or th ey may vary (V) as noted above. QUestIOnS? Manage your account at Discover.com or ,.,,II ~_onn_nlc~nv[o ii onn ~ ~~ nco~~ ®2009 Discover Bank, Member FDIC V~J~.~V CK $3,936.98 I $648.00 ~ I Enter Amount Enclosed Below Payment Due Date ~ ~-~ September 15, 2009 please make check payable to Discover Card. Minimumpayment due includes a past due amount of $535.00. 20 SDSN6A01 0003639 STEPHENS JR, ROBERT L Gopaperlessandmakeyouraccount 123 ANDREW CT information more secure with password- protected statements only you can access. CARLISLE PA 17015-4375 Learn more at discover.coin/paperless. PO BOX 71084 IlLrrll~~„rIJII~r~I~~IJ CHARLOTTE NC 28272-1084 Address, e-mail or telephone change$ Print change in space I~iI~II~~I~i~'~II~~~I~~~~I~~~III'~~~I11I~~I~~II~~I~~1'~I~I„I~ above, or go to Discover.com. Print your e-mail address to receive important Account information and specia- offers. 000001986458091402384039369800000000064800 Discover More Card Account Summary Closing Date; August 20, 2009 page 1 of 1 Account number ending in 8372 Previous Balance $3,800.00 Payment Dve Date September 15, 2009 Payments And Credits - 0.00 Minimum Payment Due $648.00 Purchases + 39.00 Credit Limit $3,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $1,500.00 Finance Charges + 97 98 Cash Credit Available $0.00 New Balance = $3,936.98 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Cp5116aCk BGnUS® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Month: March How Can We Hel You? 1 • Visit Discover.eom to pay your bill for no cost, view your P latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1.800.DISCOVER (347-2683) for fast, easyself-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager For TDD (assistance For hearing impairedl 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. Trans. Post Date Dote Other/Miscellaneous Aug 16 Aug 16 LATE FEE $ 39.00 Information For You Your Account is overlimit. While we are permitted under the Cardmember Agreement to charge you an Overlimit Fee, we have chosen not to do so at this time. We reserve the right to do so iF, as of the close of a billing period, your outstanding Account balance exceeds your Account credit limit. See the Overlimit Fee section of the Cardmember Agreement for details. * * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and arrangements for future payments should be made immediately. Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINACHA GES FINACHA GES Balances Rates RATES RATES current billing period: 31 days Purchases $3847.20 0.082169'0 29.99% F 29.999e $97.98 $p 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. V i,L~~ V C K 54,077.50 20 SDSN6A010003640 STEPHENS JR, ROBERT L 123 ANDREW CT CARLISLE PA 17015-4375 ~ $765.00 j Enter Amount Enc{osed Below Payment Due Date $ ~~ October 15, 2009 please make check payable to Discover Card. You are overlimit. Pay the sum of the monthly minimum ayment plus the overlimit amount of $1,o77.sg. Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.com/paperless. PO BOX 71084 Illr~rffr~rrrl~l ll~~~l~rl~l CHARLOTTE NC 28272-1084 Address, a-mail or telephone change8 Print change in space Ir~lrllii~~~rl~llii~liil~~~u~{I~~~~~iili~~~~l~ii~i~~~~lil~~~l above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. 00000198b458091402384040775 00000000D07650p Discover More Card Account Summary Closing Date: September 20, 2009 page 1 of 1 Account number ending in 8372 Previous Balance $3,936.98 Payment Due Date October 15, 2009 Payments And Credits - 0.00 Minimum Payment Due $765.00 Purchases + 39.00 Credit Limit $3,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit Limit $1,500.00 Finance Charges + 101.52 Cash Credit Available $0.00 New Balance $4,077.50 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus® Anniversary Month: March Cashback Bonus Balance $ 0.00 How Can We Hel You? 1 • Visit Discovsr.com to pay your bill for no cost, view our p latest Account information, earn and redeem rewards and mare It's your choice - 3 ways to help 2. Call 1.800.DISCOVER (347-2683) For fast, easyselFservice options or to speak with a Customer Service Account Manager Please have your Discover Card available. 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) see reverse side Solt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Daro Daro Other/Miscellaneous Sep 16 Sep 16 LATE FEE $ 39.00 Information For You Your Account is overlimit. While we are permitted under the Cardmember Agreement to charge you an Cwerlimit Fee, we have chosen not to do so at this time. We reserve the right to do so if, as of the close of a billing period, your outstanding Account balance exceeds your Account credit limit. See the Overlimit Fee section of the Cardmember Agreement for details. 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: 31 days Purchases $3985.88 0.082169'0 29.99% F 29.993'0 $101.52 $0 Cash Advances $0 0.08216% 29.99% F 29.999'0 $0 $0 The rates that apply to your Account are either fixed (F) or they may vary N) as noted above uisc,~ti yvrK $4,077,50 L$4,077,50 J Enter Amount Enclosed Below Payment Due Date November 17, 2004 please make check payable to Discover Card. Minimum ayymment due includes a past due amount oFp$847.00. 22 SOSN6AOi 0003642 STEPHENS JR, ROBERT L 123 ANDREW CT CARLISLE PA 17015-4375 Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discovercoMpaperless. PO BOX 6103 Il l~~~ll~~~r~l~l~~l~l~ll~~l CAROL STREAM IL 60197-6103 Address, email or telephone change0 Print change in space I~Iliillii~iiilll~l~~l~~ilil{iii~i lll~ iii~llill i~i lli ~ll ~ above, or go to Discover.com. Print your e-mail address to i ~ i i ~ receive important Account information and special offers. 000001986458091402384040775 00000000040?750 Discover More Card Account Summary Closing Date: Ocbber 22, 2009 page 1 of t Account number ending in 8372 Previous Balance $4,077.50 Payment Due Date November 17, 2009 Payments And Credits 0.00 Minimum Payment Due $4,077.50 Purchases + 0.00 Credit Limit $3,000.00 Cash Advances + 0.00 Credit Available $0.00 Balance Transfers + 0.00 Cash Credit limit $0.00 Finance Charges + 0.00 Cash Credit Available $0.00 New Balance $d,077.50 Cashback Banus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus® Anniversary Month: March Cashback Bonus Balance 0.00 How Can We Het You? 1. visit Discover.com to pay your bdl kr no cost, view your p latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-800.DISCOVER (347-2683) For fast, easy self-service options or to speak with a Customer Service Account Manager Please have your Discover Cord available. 3. Write us at Discover Card, PO Box 30943, For TDD (assistance for hearing impaired) see reverse side SoN Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Information For You Your Account is overlimit. While we are permitted under the Cardmember Agreement to charge you an Overlimit Fee, we have chosen not to do so at this time. We reserve the right to do so if, as of the close of a billing period, your outstanding Account balance exceeds your Account credit limit. See the Overlimit Fee section of the Cardmember Agreement For details. Finance Charge Summary Nominal Transaction Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE B nces Rates RATES RATES CHARGES CHARGES current billing period: 22 days Purchases $0 0.08216% 29.999'0 F 29.993'0 $0 $0 Cash Advances $0 0.082169'0 24.999'0 F 29.999'0 $0 $0 The rates that apply to your Account are either Fixed {F) or they may vary (V) as noted above. YOUR DISCOVER` CARD ACCOUNT CARDMEMBER AGREEMENT ............................. Pages i-13 The terms and conditions of your Account, including how we calculate finance charges, our fees and an Arbitration of Disputes section. You have the right to reject the arbitration prevision with respect to your new Account within 30 days after receiving your Caryl, as explained in the Right to Reject Arbitration" section at page 12. PRIVACY POLICY ............................................... Pages 13-16 A summary of the personal information we collect, when it may be shared with others, and how we safeguard the confidentiality and security of information. You may limit our sharing of such information witlr others as explained in section 4 of the Privacy Policy atpage 15. BILLING RIGHTS ................................................ Pages 117 Important information about your rights and our responsibilities under the Fair Credit Billing Act dESCRIPTION OF C6V~lF/lf3E ......................... Pages 18-25 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. GLOBAL TRAVELER'S HOTLINE ............................. Page 25 The temts and conditions of this free travel assistance benefd. ®2009 Discover Bank, Member FDIC TL21 J.0509 CARDMEMBER AGREEMENT Please read this Agreement carefully before using your Discover Cant Account It contains the terms and conditions of your Account, some of which may have changed from earlier materials provided to you. In the event of any differences, this Agreement shall control. We respect your privacy. Seethe 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 right to a jury trial. The Right to Reject Arbitration section on page 12 describes the procedure you must follow ff you desire to reject the Arbitration of Disputes section. DEFINITIONS 2 USING YOUR ACCOUNT 2 Your Acceptance of this Agreement .............................................. ............. 2 Permitted Uses of Your Account .................................................... ............. 2 Prohibited Uses of Your Aocount ................................................... ............. 3 Purchases and Cash Advances in Foregn Curendes ................. ............. 3 Cash Advances .............................................................................. ...............3 Balance Transfers .......................................................................... ............. 3 Cred'll Authorizations ...................................................................... :............ 3 Authorized Users ............................................................................ ............. 3 Unaulhor¢ed Use ........................................................................... ............. 3 Your Credit Lines ............................................................................ ............. 4 MAKING PAYMENTS ....................................................:....................... ............ 4 Promise to Pay ................................................................................ ............ 4 Monthly Billing Statement ................................................................ ............ 4 Monthly Payment Options ............................................................... ............ 4 Automatic Billing Arrangements ...................................................... ............ 5 Ha~v We APPN Payments ................................................................ ..............5 Minanum Monthy Payment ............................................................. ............ 5 Skip~A-Payment Offers .................................................................... ............ 5 Credit Balances ............................................................................... ............ 5 FINANCE CHARGES ............................................................................. ..............5 Ho~v UUe Cakxrilate Periodic Finance Charges ................................ ..............5 How We Cakxdate Your Balances .................................................. ............ 6 Variable or Faed Interest Rates ...................................................... ............ 7 Default Rate ..................................................................................... ..............7 Cash Advance Transaction Fee Finance Charges ......................... ............ 7 ~/~ ~ Balance Transfer Transaction Fee Finance Charges ..................... ~ ~~~ ............ 8 o#~IMI Foreign Currency Transaction Fee Faience Charges ..................... ..............8 Minanum France Charge ............................................................... ............ 8 FEES ...................................................................................................... ............ 8 ftrmuei Fee ...................................................................................... ..............B Late Fee ...................................................................... ................................ 8 Overlimit Fee ..........................:.................................... ..................................8 Returned Payment Fee ............................................... ................................ 8 Returned Discover Card Check Fee ........................... ................................ 9 Pay-By-Phone Fee ...................................................... ..................................9 Research Fee .............................................................. ................................ 9 DEFAULT AND CANCELLATION ..................................... ................................ 9 Types of Defauft .......................................................... ..................................9 Consequences of Defauft ............................................ ................................ 9 Cancellation ................................................................. ..................................9 PRNACY AND OUR COMMUNICATIONS WITH YOU ... ..................................9 Our Privacy Policy ....................................................... ..................................9 Reporting to Credit Reporting Agendes ...................... .........................._.... 9 Our Communications with You .................................... .............................. 10 Releasing Information About YourAccount ................ .............:................ 10 Electronic Notices to You ............................................. ............................. 10 _ ;: _: > , Notices -Changes to Your Infomraton ....................... ............................. 10 CLAIMS AND DISPUTES .................................................. ...............................10 Merchant Disputes ....................................................... ...............................10 Claus Notices ............................................................... ...............................10 Arbitration of Disputes .................................................. ...............................11 Right to Reject Arbitration ............................................. ...............................12 LEGAL INTERPRETATION OF THIS AGREEMENT ........ ...............................13 Several)ility ................................................................... ...............................13 Compliance with Interest Rate Lunitations ................... ...............................13 Govemurg Law ............................................................. ...............................13 ASSIGNMENT OF ACCOUNT ........................................... ...............................13 CHANGES TO THIS AGREEMENT ................................... ...............................13 DEHNITtONS "Account" means your Discover Card Account. "Authorized User' means any person whom you author¢e to use your Acwtnt or a Cana, whether you not fir us or not "Card" means any one or more Discover Cards issued to you or someone else with your akAtarization. "Pricing Schedule" means the document accompanying your Card and listing the Fnarxx Charge rates that appy to yourAccok>nt The Pricing Schedule is part of this Agreement. "We," "us" and "our" refer to Discover Bank, the issues of your l~scover Card. "You; "'your' or'yours" refer to, in addition to you, the Cardmember, ~,y other person a persons who an: also cantradualy frable under this Agreement. USING YOUR ACCOUNT Your Acceptance of this Agreement The use of yourAccount a a Card by you a an Authorized User, a yourfailure to pncel yourAcoount withn 30 days after receivng a Cana, means you accept this Agree-ment, including the Arbitration of Disputes section on page 11. You may, however, reject the Arbitration of Disputes section as expla'ned on page 12. Permitted Uses of Your Account. Your Account may be used for. Purchases - to purchase or lease goods a services from par ticip~ing merdiants by presentux~ your Card or Account number or by usng promotional checks, which we may famish to you, n accordance with such additional terms and conditions as we may offer from tune to time. Cash Advances - to obtain cash advances from participating automated tefer machines, fnancal instihrtans a other bcations, the purchase of briery tickets, raoetradk wagers, vouchers redeemable for cash or for rasiho chips, many orders, traveler's checks, savings hoods, foreign currency and wue transfers, a by means of kthecks which we may famish to you, ap n accadance wAh such additonal temms and conditions as we may offer iron tune to time. Balance Transfers - to transfer balances from other cred'rlors cr to make other transactions by means of balance transfer coupons a checks, in accordance with such additional temms and conditions as we may offer from time io time. In addition, your Account may be used to guarantee reservations at partio-Fpating establishments. You wdl be liable for guaranteed reservations that are not car~eged prior to the tune specified by the establishment. Your Account maybe used for personal, famiy, household and charitable purposes. Prohibited Uses of You r Account. Your Account may not be used to ot>fah Icons to purchase, carry a trade in securities, to pay any amourhi you owe underthisAgree--rrent or for any trarrsactans that are unlawful where you reside or where you are physicaly bated when you use the Axarnt to initiate the transaction ('Prohibited Transaciions'~. Purchases and Cash Advances in Foreign Currencies. ff you make a purchase a cash advance n a foreign currency, it will be cahverted to U.S. dollars using either a govertrnent-mandated rate, a government-published rate or the interbank exchange rate, depending on the country and axrency h which the transaction is made. The rate used will be the rate n effect on the conversion date for the transaction, which may be dAferent than the Transaction Date as shown on your statement. VVe charge a Foreign Currency Transaction Fee F'nanc~e Charge for each purothase made in a foreign ctxrerhky as described in the Foreign Cumency Transaction Fee Finance Charges section on page 8. Cash Advances. We may periodicaly offer you special rates on cash advances for the tune period specified io the offer, subject to the Defau4 Rate section. The offer may contairh a Cash Advance Transaction Fee Finance Charge far each cash advance. After the expiration of the specal rate, the standard Annual Percentage Rate for cash advances will apply. Balance Transfers. V11e may periodicagy offer you the oppor--tunny to make balance transfers from other creditors or to make other transactions to your Account by means of balance transfer coupons a 9bYGlrs Each offer will contain an uhnral specal rate, which will be the Annual Percentage Rate that will apply to transferred valances for the tune period spedfied ih the offer, subject to the DefauA Rate sedan and may contain a Balance Transfer Transaction Fee France Charge fa each balance transfer made during the term of the offer, as d'rscbsed ~ the offer and as set forth n the Pricing ~dledu~e ~ agplicable. After the expiation of this tine period, the Annual Percentage Rate that appliPS fa prrchaseswill appy totrans-fanned balarxxs. Balance transfers subject to the ritial specal rate are referred to as special rate balance transfers; balance transfers fa which the initial special rate has expired are referred to as purchase rate balance transfers. Each offer will confab an expiator date. ti you atiempt to transfer balances by means of a diedr alter the expiration date, we wdI treat the transaction as a cash advance. We wip not make balarae transfers attempted by means of a coupon after the expiration date. Credit Authorizations. Certain transactions will require our aulhor¢ation prig to canpletion. r sane cases, you may be asked to provide identification. We trove the right not th autha¢e a transaction fa security a other reasons. Also, 'rf our authaaation system is not waking, we may not be able to authorize a transaction. WIe wdl not be liable to you ft arty of these events happen. Authorized Users. H you want to cancel the authority of a current Authored User to use your Aocourtt a a Card, you must notify us and destroy any Card n tf rat person's possession. You can notify us by telephoning 1 X00-0ISCOVER (1-800-347-2683), or by writing Discover Card, PO Box 30943, Saft Lake Cily, UT 84130-0943. None of your rights raider this A~ment (oUrerthan to pay amounts awed) may be exercised by any person not a party to this Agreerrrent adng pursuant to a power of attar>ey, without oar separate written agreerrrent (whidr we are not obligated to give). Unauthorized Use. Prior to tls use, each Card must be signed by the person to whan ft is issued. tt a Card is lost a stolen, a d you thhk that someone is usitg your AocarM a a Card without your permission, notify us inmediately. You can notify us by telephoning 1.800-DISCOVER (1-800-347-2683), a by writing Discover Card, PO Box 30943, SaR Lake City, UT 84130-0943. You agree to assist us n determning the facts relating to airy ttreff a possible unauthored use of your ACrount a a Card and to comply with such procedures as we may require in connection with our invest-igatiar. Your Credit Lines. We will advise you d your Account aed'rt Ire. Vile may inpose a lower line that will apply to cash advances, refered to as the cash advance aedfl Ire. Vufr may also impose a lower line that will apply to balance transfers, referred to as the balance transfer credit line. You agree not to allow your unpaid balance, inckadng Finance Charges and fees, to exceed your Account cred'd lire. ff you exceed yourAcwunt credit line, we may request inmediate payment of the amount by which you exceed yourAccount oredA line. We may increase or decease your Account aed'rl line, your cash advance aedft lire a your balarae transfer aedA line without notice. The aedft available fa your use may, from tine to tine, be less than your Account credit line. For purposes of determining your available credit, we reserve the right to postpa>e for up to 15 business days reducng your unpaid balaraes by the amount of any payment that we receive. Your avail-able credit wig not be naeased by the amount of any aedft balance. MAKING PAYMENTS Promise to Pay. You agree to pay us n U.S. dollars for all purchases, cash advances and balance transfers lauding appfxable France Charges and other d~arges a fees, ncxred by you a anyone you authorize a permft to use your Account a a Card, even ft you do not notify us that others are using your Account a a Card. ff you pay us n other than U.S. dollars, we may refuse to accept the payment a charge your Account our wst to convert your payment io U.S. dollars. All checks must be drawn on funds on deposit it the U.S. Yau may not use a cash advance check, balance transfer check a coupon, or any other promotional check drawn on any Discover Bank credit card accarnt to make payments on your Account. If your Account is a joint Account, each of you agrees to be liable individually and 'portly fa the entie amorxrt owed an your Account. We can accept late payments or partial payments or checks and money orders marked "payment in full" or with any other restrictive endorsement without losing any of our rights under this Agreement. Monthly Billing Statement. We will send you a billing statement after each monthly billing period n which you have a debit a aedd balance, unless we waive our right to do so as permitted bylaw. The biling statement wit show all purchases, cash advances, balance transfers, Finance Charges and other charges a fees and aN payments a other aedAs posted to yourAocount during the billing period. tt will show your New Balance, Payment Due Date and Mininum Payment Due as of the end of the billing period. tt you prior month's payment is returned unpaid, your required Mninum Payment Due may be higher than shown on your billing statement. See the Minimum Monthly Payment section on page 5. Monthly Payment Options. You may at any time pay the eMie New Balance shown on your br7ing statement, but each math you must pay at least the M'n'mirm Payment Due as described n the Minimum Monthly Payment section. All payments must be made in accordance with the terms, including the paymerd cutoff time, stated on your rnadhty btil'ng statement, and we win credit your Account naccord-once with those temu. In addition, we reserve the right to change those terms wittaut prier notice as permitted bylaw. Automatic Billing Arrangements. tt your Account number andla Card expiation date changes and our records indicate you have autanatic biting estad'rshed wdh a merchant, we win attempt to provide your new Account nfom~ation to that merchant. To ensure unintertupted billing, we recommend that you vertty the merchant has your new Account niorrnation. You must contact the merohaM directty'rf you do not wish to continue the automatic b81'ng artangement. How We Apply Payments. We will appy payments and credits to the New Balance shown on yotu current tHlSng sfatemerrt in ceder of the Annual Percentage Race applicable to the balance of each transaction category (as refererxxd in the France Charges sedaan), generally fran krwest to high-est begn-nng with the balance subjept to the knNest Mnual Per-centage Rate. Wre then apply payments and aedis to any new transactions using the same method. However, we have the right to appy payments and credts to balances with higher Annual Percentage Rates prior to baharaes with bwerAnnual Percentage Rates, such as when there are two ritial special rates applicable to yourAccarnt and the bwerAnnual Percentage Rate will expie before the hgherAnnual Percentage Rate. Minimum Monthly Payment. The Minimum Payment Due each month will be the greater of: • the New Balance A if is less than $15; • $15 i(the New Balance is $15 or more; or • any past due amount plus the greater ofi 2% of the New Balance (excluding current Periodic France Charges, Lale and Overiinit Fees) rounded up to the nearest doNar a current Periodic France Charges plus Lace and OveriinR Fees plus $15 (not to exceed 3°h of the New Balance) rounded up to the nearest ddlar. We may also ialude some a all the amount by which you exceed your Accotmt aedi line. ff more than 90°~ of your New Balance consists of specal rate balance transfers, we may, at our discretion, increase your Minimum Payment Due to a maximum of 4% of the New Balance if it woukf otherwise be less than that Vlk may subtract astan fees to cakuhate the Mnifrxxn Payment Due. The Minimum Payment Due will never exceed the New Balance. Paying the Minnrum Payment Due may be nsuffaieM to bring yourAccarnt balance below yourllccount credit line arxt, consequently, may not avoid the inposftion of an additional Overiimit Fee described in the OveriimA Fee sedan. Skip-A-Payment Offers. We may from time to time albw you to rrct make a mninum monthly payment and will rxatity you when this option is available. ti you take advantage of this offer and do not make a mrirtum monthy payment, fnarae charges and any applicable fees wiN accrue on your Account n accordance wtlh this Agreemerd and you rrxrst pay the Minimum Payment Due fa the folbwing biling periods. Credit Balances. We will refund any credit balance; within seven busness days fran receipt of your written request. ff you do not request a refund, we will auto-maticaRy refund cred'd balances greater than $1 that remain r yourAccount after 6 months. FINANCE CHARGES How We Calculate Periodic Finance Charges.lNe begr to impose Periodic Finance Charges on all transactions from the Transactor Date for the transaction as shown on your t>ilfmg statement, unless a transacfion is posted to yourAccount afferthe dose of the billing period in which i ocars, n which rase wie begs to impose Periodic Finance Charges m thattrarrsactan from the frst day of the billing period n which i is posted to your Account We continue to impose Periodic Finance Charges anti the dale you pay yoi~ entie New Balance, by malang payments ar receiving aedils. However, rf you paid the New Balance on your previous biting statement by the Payment Due Date shown at that bung statement and you pay the New Balance by the Paymerd Due Date on your current biling statement, we will not impose Periodic France Charges on new purchases, that is, purchases frst appearing on the current bitting statement. Vlk call this the °grace period.' There is no grace period on balance transfers or cash advances. We sort your transactions irto groups of purchases, qsh advances, and balance transfers and then further sort the traruakntons withn each group by the~Amua Peroerdage Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups. Wle referto these grasps as transaction c~egories. At the end of each biting period, we compute balances and Periodic Finance Charges for each day of the biling period for each transaction category. Wir use the fdbwhg equation to comprRe Periodic Finance Charges for each transaction category: (Average Daily Balance) tries (days n billing period) times (Daily Periodic Rate). (You may refer to the finance charge sunmary on your biting statement for these amounts.) Then we add up the Periodic Finance Charges for each transaction categoryr to get the trial Periodic Finance Charges fa your Account. The Average Daffy Balance is shown as zero if, because of the grace period, no Periodic France Charges appy to the balance n a trans-action category. How We Calculate Your Balances. We use the Average Daffy Balarrce (ndudng new transactions) method of plculating the balartce upon which we impose Periodic Firanoe Charges. Wb compirte the Average Daily Balance for each transaction category by addig up all the dairy balances n a biting period for a transactor category and divid'ng the total by the number of days n the billing period. We compute the daily balarxx; for each transaction category on each day by first adding the following to the previous days daily balance: transacfions wih a Transaction Date of that day as shown on your billing statement, unless the transaction is posted to your Account aRer the dose of the biting period ii whid~ d ocars, in which case the transaction wit be added to the day baMance as of the first day of the biling period in which i is posted to your Account, fees charged that day and Periodb France Charges aaxued on the previous days daffy balance; and by then subtracfng any aedits and payments that are applied aganst the balance of the trarrsadiar category on that day. n cabulatng the daffy balance far the frst day of the biing period, we consider the previous days daffy balance' to have been your balance for each transaction category on the last day of your previous billing period. All fees charged to yourAccount are added fo the standard purchase trans-action category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance trans-ad'an category and Balance Transfer Transaction Fee France Charges whid~ are added 1o the applicable balance transfer iransad'an category. When the spedal rate expires, we move the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee France Charges to the standard pkudiase transactiar category. However, if the speaa rate has been tennnated under the DefauR Rate sector, we leave the unpaid balance of the balance transfer and the Balance Transfer Transaction Fee France Charges in the appicble baaance transfer transacfion category until the spedal rate would have expired. Variable or Fixed Interest Rates. The Daily Periodic Rate and correspond'ng Annual Percentage Rate that appy to each transaction category are ether fixed rates or variable rates asset forth n yorx Pricng Schedule or n any special offers you receive from us. The Daffy Periodic Rate is 1 /.165th of the carespond'ng Annual Percentage Rate. Vari~le Annual Perks=rrtage Rates are deter-mined by adding a specified numbs of penxntage poets to the Prise Rate. This a shown on the Pricing Schedule as'Prime + (per~errtaye points)." For purposes of this Agreement, the Prime Rate is the highest rate of interest listed as the "prone rate" n the Money Rates section of The Wall Street Journal on the Nast busness day of the month. The Prime Rate is mercy a pridng index and does nd represent the lowest or best interest rate available to a borrower at any bank at any given lime. H you have a variable rate, your Amua Percentage Rafe wit irrcease a' decease when the prime Rate changes. This change will be effective begnning with the first day of the billing period That begins during the same month as the change n the Prime Rate. An naease n the Annual Percentage Rate may inaease your Mnimum Payment Due. Default Rate. Each tine you do not make a requced payment on tare or each tine you exceed your Account acrid I'ne twice n a twelve month period (each, a'Default Rate Event'), we may increase the standard Annual Percentage Rates for purchases, balance transfers and cash advances to a variable rate equal to the Prime Rate + up to 27.99°x, but such rate w~ never exceed 29.99° (the "Defaufl Rate°). At the same time, any special rates on purchases, balarxz transfers or cash advances will end and the DefauM Rate may appy. The maximum Defaui Bale which would arrenty aPPy is set forth in your Pricing Schedule. We win base your Default Rale on factors such as: • your cunent APRs • your payment history with us • your general credi history Any increased rate wit apply begnning wih the fast day of the billing period n which () we did not recenre at (east the Mninurn Paymerd Due by the Payment Due Date or (i) you exceeded your Account sects line for the second tine n a twelve month period. ff your standard Annual Percentage Rate for purchases was lraeased under this or any previous version of the DefauR Rate section and, for any nine consecutive biling periods thereafter another DefauA Rate Event does not ocarr, then yorx Annual Percentage Rate for your new purkiiases wit be reduced to a lesser variable rate which may be hgher than your previous standard Annual Percentage Rate for purchases and your Annual Percentage Rate for your existing purdrase balance may be reduced to a lesser variable rate which may be higher than your previous standard Annual Percentage Rate for purchases. Any reduced Annual Percentage Rates on new and existing pixcrases may be different and wit appy begnning with the first day of your tenth biting period. However, if a Default Rate Event ocars n the tenth biiirg period, a DefauA Rate wit appy. Cash Advance Transaction Fee Finance Charges. Unless otherwise spedfred n a cash advance offer, we wit charge you a Cash Advance Transad'an Fee FINANCE CHARGE of 3% of the amount of each new cash advance with a minnwm Cash Advance Transaction Fee FINANCE CHARGE of $5 and no maxinum. The impositiar of Cash Advance Transacion Fee France Charges may result in an Annual Percentage Rate for cash advances that is hgher than the rromnal Annual Percentage Rate. Ai farms of cash advances, indudig the use of Diswver Card checks, regardless of the purpose for which used, are subject to Cash Advarx:e Transaction Fee France Charges. To obtan the trial France Charge on cash advances for each biting period, we add any Cash Advance Transaction Fee Finance Charges for the biling period charged under this section to any Periodic Finance Charges calalated under the Periodic France Charges sedan for each cash advance transaction category and add up these amounts. Balance Transfer Transaction Fee Finance Charges. If the balance transfer offer you receive contains a Balance Transfer Trans-action Fee France Charge, we wit charge you a Balarx;e Transfer Trans-adios Fee Fhance Charge for the amount of each balance transfer made under that offer. ff there is a Balance Transfer Transaction Fee Finance Charge n conjunction with the offer you received when you applied for an Account, i wit be in the amount set forth n the Pricing Schedule. The imposiion of Balance Transfer Transaction Fee Fhance Charges may resuN n an Annual Percentage Rate for balance transfers that is higher than the nomnal Annual Percentage Rate. To obtain the total Fnano Charge on balance transfers for each biting period, we add any Balance Transfer Trans-actor Fee Fhance Charges calalated under the Periodic France Charges section for each balance transfer trans-adiat category and add up these amamts. Foreign Currency Transaction fee Finance Charges. We wit charge you a Foreign Currency Transad'an Fee FINANCE CFfARGE of 2% of the U.S. dollar amount of each purchase made n a foreign currency. The inposiion of Foreign Currency Transaction Fee Finance Charges may resuM n an Annual Percentage Rate far purchases that is higherthan the nomnal Anrnral Perk~rrtage Rate. To obtan the total Fhance Charge on purdhases for each biing period, we add any Foreign Curtenc~y Transaction Fee Fhance Charges for the biing period charged under this section to any Periodic Fhance Charges calalated under the Periodic Finance Charges section for each purdhase transaction category and add up these amounts. Minimum Finance Charge. We wit charge you a minimum FINANCE CHARGE of $.50 for any biling period n which Periodic Foanc~e Charges of less than $.5o would otherwise be inposed. FEES Annual Fee. ff your Prictng Schedule armmpanying your Card i>cludes an Annual Fee, we Hell charge you an Annual Fee at the amount indicated. VOe wit d>arge you th's fee when we open your Account and at the beginnhg of each anniversary year ~ Acoamt is open. The Annual Fee is not refundable, except as provided bylaw. Late Fee. We Hrill charge you a Late Fee el you have failed, as of the Payment Due Date, fo make the Minimum Payment Due that was required to be paid fa that brig period. The amount of the Lafe Fee is based on the sum of all outstanding purchases, cash advanovs, balance transfers, other charges, other fees and Finance Charges at the end of the belting period for which we did rwt receive timely payment. ff the sum is $250 a less, the fee is $19; el el is greater than $250, the fee is $39. Overfimit Fee. We will charge you an Overianel Fee each time that, as of the dose of a oiling period, your outstanding Account balance exceeds yourAocaunt aedel toe. Th~ fee may be drarged even el the transaction which causes you to exceed your Account aedel line is authorized by us or i you exceed your Account aed'd line due to the posting of Finance Charges or fees to your Accarnt The amount of the Overtimel Fee is based on the sum of a9 outstanding purd~ases, cash advances, balance transfers, other diarges, other fees and Farance Charges at the end of the M'9ing period. ff the sum is equal to or less than $500 and you exceed your credel line, the Overianel Fee is $15. ff the sum is greater than $500 and you erooeed your aedel Ihe, the Overirrel Fee a $39. Returned Payment Fee. VVe will charge you a Returned Payment Fee of $35 each tame you pay us with a dreck or other nstnxrrent that is returned unpaid. This fee wiN also apply ~ a Jebel transaction to a deposit account from which you have authored us in writing, eledronicalty a oragy to periodiragy deduct all or a part of an amount you owe us under this Agreement is returned unpaid. Vtk well charge you this fee the first tame any payment is returned unpaid, even if el is paid upon resubmission. Returned Discover Card Check Fee. VVe will charge you a Returned Discover Card Check Fee of $35 each time we decline to honor a Discover Card cash advance deck, balance transfer check, promotonal purchase check, or other promotional check. Pay-By-Phone Fee. We may fran time to fine allow you to make payments by authorizing us over the telephone to transfer or pay funds from a deposel accarnt to your Aa;aart. Vge wi6 charge a Pay- By-Phone Fee of $10 for each such transfer or payment. Research Fee. We may charge you a Research Fee of $5 for each copy of a billing statement or sales slip that you request. However, we well not charge a fee el you request copies n comedion with a billing error. DEFAULT AND CANCELLATION Types of Default You are in default el you becorrre hsolvent; ~ you file a banlwptcy petition or have one filed against you; el we have a reasonable belief that you are unable a unw6lfng to repay your obligations to us; el you are declared axompetenf by a court or el a court appoints a guardian for you or a conservator for your assets; if you die; ~ you fail to campy wAh the temu of this Agreement, including failing to make a requireed payment when due, exceeding your Account aedel line or using your Card a Acxxxmi for a Prohibited Transad'ron; or'rf you fad to make a requred payment when due on any other account you have welh us. Consequences of Default. ff you are in defauel, we may declare the entire balance of your Acwunt anmediatety due and payable withart notice. ff we refer the coelection of your Account to an attorney or empby an attorney to represent us with regard to recovery of money that you owe us, we may charge you reasonable attorneys' fees and court or other collection costs as pemvlted by law and as actually incurred by us, inducting tees and costs in con-Hellion with any appeal. We may delay enforcing or not enforce any of our rights under this Agreement witliout losing or yvaivhg any of them, Cancellation. You may cancel your Account by notityng us in writing or by telephone and returning a destroying every Card and unused dredc that we have provided you. You can notify us by telephoning 1.800-DISCOVER (1-600-347-2683), or by writing Discover Card, PO Box 30943, Sale Lake CZy, UT 84130-0943.Of cause, you Hell stitl be responsble to pay arty amocxrt you owe us according to the lama of this Agreement. ff your Account is a joint Accamt, either Cardmember may cancel the Account, but you will both remain responsible to pay any amount owed to us accadag to the terms of this Agreement. We may cancel or suspend your Account at any time without notice. We may choose not th renew you Account (beyond the expiration date shown on the face of a Card) without notice. You must return any Card or unused checks to us upon request. PRIVACY AND OUR COMMUNICATIONS WITH YOU Our Privacy Policy. We may from time to tone review your aedel, employment and income records. We respell the privacy of inforr>ation about you and your Aococmt. Our Privacy Poicy indcrdes a summary of the personal iMor-rnation we collect, when it may be shared with others, ha~v we safe-guard the confidentiality and seamy of iMormation and the steps you may take to limit our sharing of such information with others. Please read el carefulty as el is part of your Cardmember Agreement. Reporting to Credit Reporting Agencies. As axlFCated th our Privacy Policy, we may report to credel reportatg agendas and other aedelors the status and payment history dyourAccount, ircarding negative aedel iMortnation. Late payments, missed payments or other defauels on your Account may be reflected in your aedel report. VUe nomralty report to such aedel reporting agendas each month. ff ya, believe that our repot of your Account status is inaccurate w incomplete, please write us at the folbwing address: Discover Card, PO Box 15316, UVIMington, DE 19850-5316. Pl~se include your name, address, home telephone number and Account number. Our Communications with You. Our personnel may listen to a record telephone calls between you and our representatives welhout addelional notice to you as permitted by lawn Vtk may use any medium, nduding but not landed to mail, live telephone calls, automated telephone equipment, prerecorded tale-phone calls, e-ma7 and may make calls to your ceN phone to contact you about your Account a offer you products or services that maybe of value to you. ff you prefer not to be ctlntaded in one a more of these ways, telephone us at 1.800-DISCOVER (1-800-347-2683) or write to us at Discover Card, PO Box 30961, Salt Lake Cely, UT 84130-0961. Releasing Information About Your Account. We provide various methods by which you can obtain iMomration about yourAcx~unt VYe wiel only release such intimation to you, artyAuthor-ized User that our records indicate is an authored buyer on your Account and any other person with your prior permission, h addition to as pro-vided in our Privacy Policy or as required bylaw. Our security measures cannot insure against unauthored inquiries. You agree that we will not be responselrle for the release of ofomration to anyone who, even 'rf with-out your authoration or permission, has gained possessron of a Card or has teamed other identityatg characteristas about you such as your per-sonal identiFicatan number, Account number or sodal securely number. Electronic Notices to You. VJe may offer you the opportunity to receive certan notices from us eledronicalty rather than through the mail, inducting moMhty oiling statements and diange of temu notices. The terms and condelions for receiving these electronic axnmunications will be described h the offer. Notices -Changes to Your Information. ff you drange your a-mail address, n~a~'ing address ar telephone number you must ndify us of your new address or telephone number welhin 15 days. You can notify us by telephoning 1.800-DISCOVER (1-800-347-2663) or by wreling Discover Card, PO Box 30943, SaA Lake City, UT 841300943. If yourAa~unt is a Jdnt Account, any notice we mai to an address you have provided for the Aa;ount will serve as notice to both Cardmembers. CLAIMS AND DISPUTES Merchant Disputes. We are nd responsible for the refusal of anyone to accept or honor a Card or to accept checks that we have provided you. ff a merohant fa8s to provide your purchase to your satisfactan and you request a credel to your Account, we will invesl'gate the dispute. ff we resolve the dispute o your favor, we wiN issue a credit to year Account and you will be deemed to have assgned to us your dam agaarst the merchant and/or any third party for the credited amarnt. Upon our request, you agree to provide us with written evidence of such assgnmeM. 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 welh us; your appli-cation, the relationships which resuR tram your Account or the eMorce-ability of the Agreement or any prior agreement, befa~ inel~atag, joining ar partidpatmg in anY judidal or arbitration proceeding, as either an individual litigant or member of a doss (°Proceeding`), the axmplainarg party shall give the other party: (1) a written notice of the dawn ('Clain Notice'), at least 15 days before initiating any Proceeding, explaararg ar reasonable detail the nature of the dawn and any supporting facts; and (2) a reasonable good faith opportunity to resolve the claim without the necessity of a Proceeding. This includes any claims invohring our parent corporation, subsidiaries, affiliates ('mdudng, with-out finitation, DFS Services LLC), predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities. Any Clain Nonce sha0 be sent to us at Discover Card, PO Box 3024, New Albany, OH 43054 (a such other address as we sha0 subsequerdty provide to you) (the "G~im Notice Address°) a to you at your address appearing in our records a, if you are represented by counsel, to yore altomey al your altomey's affae. Arbitration of Disputes. Agreement to arbitrate. th the event of any past, present a future lain a dispute (whether based upon comrad, tort, statute, corrrnei taw a equity) bei,wrean you and us ansirg from a relating to your Account, any prig account you have had wdh us, your application, the relationships which result from your Account a the erdorceability a scope of tttis arbitratoor- provision, of the Agreement a of any prior agreemant, You save may elect to resohre the dam a dispute by bird'rrg arb~tion. IF EITHER YOU OR WE ELECTARBffRAT10N, NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO LTIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE-HEARING DISCOVERY RIGHTS AND POST-HF~4RING APPEAL RIGHTS WILL 8E LIMITED. NEITHER YOU NOR WE SHALL BE F_NTf1lED TO JOtN OR CONSOLIDATE CLAIMS IN ARBfIRAT10N BY OR AGAINST OTHER CARDNIEJVIBERS WfTH RESPECT TO OTHER ACCOUNTS, OR LITIGATE IN COURT OR ARBf IRATE ANY CLAIMS AS A REPRESENTATNE OR MEMBER OF A CLASS OR tN A PRNATE ATTORNEY GENF_RAL CAPACITY ("Class Acton Waiver'). Notwithstandinganythingelse tothecontrary inthis arbitration provision, arty a court, and not an aitiitrata, shall deter-mine the validity and effect of the Class Action Waiver. Ever- lt a0 parties have opted to litigate a claim in court, You a we may elect arbitration with rasped to any claim made by a new party a any new claims later asserted io that lawsud and nothing rardertaken therein shall constltute a waiver of any rights under this arbitraiiei provision. We wilt not hvoke our right to arbitrate an ixfroidual chin you bring n small claims court a your state's equivalent court, if any, unless such action is transferred, removed a appealed to a different court. Governing Law and Rules. Your Account irvolves interstate commerce and this provision shall be governed by the Federal Arbitation Ad (FAA). The arbFtrafiorr shaft be concluded, at the option ~ whoever files the arbi-tration claim, by either the American Arbitration Assodation (AAA) a the National Arbitration Forum (NAF) in accordance with their procedures ~ effect when the chin is filed. Fa a copy of thei procedures, to file a claim a fa other information, contact AAA at 335 Madison Ave., Floor 10, New York, NY 10017-5905, Ipplpy,~,gly (phone t-000-778-7879) a NAF at PO Box 50191, Minneapolis, MN 55405 (phone 1-000.4742371). No other arbitration forum vriR be pem~tted, except as agreed to pursuant to ei0mer the Changes to this Agreement section a a writing signed by tx>ttr parties. Unless consented to by all parties, no arbitraton may be administered by any administrator that has any formal a informal policy, rule apro-cedure that is inconsistent with a purports to override the temx of this sedan. N we elect to resolve a chin or dispute by bind"mg arbitration and the arbitrator issues an award io your favor on a claim or claims with respect to which you would not otherwise be entitled b recover your arbitration filing, administrative and hearing fees, reasonable attorneys' fees andle other arbitration costs, we wit be responsible fe paying a reirrburshg such costs and feesrf awarded by the arbitrate. Fees and Costs. At your written request, we wff advance arty arbitration fiing, admii~strative and hearing fees which you would be required to pay to pursue a claim a d'ispule ~ a result of our electing to arbitrate that claim or dispute. Send requests to Discover Card, PO Box 30421, Satt Lake City, UT 84130-0421. The arbitrator wltl deride who will ultimately Ue responsible fe payng those fees. You will only be responsible fa payng a reinlwrsing our arbitration filing, administrative a hearing fees to the extant you would trove been responsible fa paying'attomeys' fees acrd court a other cdled'an costs° had the action proceeded in court. In no event wiN you be required to pay any fees a costs incurted by us in connection with an arbitration proceeding where such a payment e reinbursement is prohibited by appl'aable law. Hearings and Dedsions. Any arbitration hearing will take place in the federal judicial district where you reside. The arbitrate shah follow applicable substantive law to the extent consistent wih the FAA and applicable statutes of limttations and shall hone chains of privilege recogn¢ed at Now and shall be authored to award a0 rerrnedies permitted by the substantive laws that would apply if the action were pending in court. H requested by any party, the arbitrate shah write an opinion containing the reasons fa the award. The arbttra#ors deasion will be final and birrdirrg except fe any appeal rights under the FAA and except that if the amount in controversy exceeds $100,000, any party may appeal the award within 30 days to a ttxee-arbitrate panel, which shat review the award de ravo. Unless appligble law provides otherwise, the appealing party will pay the cost of the appeal, regardless of its outcorrne. However, we wiq consider h good faltln any reasonable request fa us to bear the fees charged by the arbitration administrate and the arbitrates in connection with the appeal. Judgment upon any award by the arbitrator may be enforced in any court having jurisdiction. Other Benefidanes of this Provision. Our rights and obligations under this ait'dration provis'an sha0 inure to the beneftt of and be binding upon our parent corporations, subsidiaries, affiliates (indud'ng, without limitation, DFS Services LLC), predecessors, successors, assgns, as weq as the officers, directors and empiq+ees d each of these entities, and wiA also inure to the benefit of any third party named as a co-defendant with us a with any of the foregoing it a claim which is subject to this arbflration provison. Your rights and obfigatiars under this arbitration prov~ion shah pure to ttre benefA of and be binding upon all persons contraclualty liable under this Agreement and all Authored Users of the Account. Survival of this Provision. This arbitration provision shati survive fermi-nor-lion of yourAccouM as well as voluntary payment in tuff by you, any legal proceedngs by us to celled a debt owed by you, army baniwptcy by you and any sale by us of your Account. Right to Reject Arbitration. You may reject the Arbtration of Disputes section by providing us a notice of rejection wkhin 30 days aRer receiving a Card, at the following address: Discover Card, PO Box 30938, Salt Lake City, UT 84130-0938. ff you were previously subject to arbitration with respect to any account with us, this right to reject arbitration w81 not apply to you. Your rejection notice must include your name, address, telephone number, Account number and signature and nwst not be sent with arty other correspondence. Calving us to indicate that you reject the Arbitration d Disputes section a sending a rejection notice in a manner a format that does not cenpty with all applicable requiemerits is insufficiant notice. In ceder to process your ratite, we require that the notice be provided by you diectly and not through a third party. Rejection of arbFtra-lion wiN not affect yorx other rights or responsibilities under this Agreement a your obligatan to arbitr~e disputes under any other account as 1o which you and we have agreed to arbitrate disputes. lt you do not send a rejection notice, you win be obligated by the Arbitration of Disputes section with respell to this and anyprior account you have had with us, even if you have previously sent a rejection ratite wlth respect to that pile acmunt. LEGAL INTERPRETATION OF THIS AGREEMENT 5everability, ft any part of this Agreement becanes unenforceable, d will not make any other part unenforceable, except that lt the Class Actiorn Waiver set forth above in the Arb~dration of Disputes section is invalidated in any proceeding in which you and we are involved, then theArbitratbn of Disputes section will be void with rasped to that proceeding. Compliance with Interest Rate Limitations. Wie intend that this Agreement wiB canpty with applicable interest rate linttations. You wtil not be regaled to pay Finarae Ctnarges a other drarges at a rate that is greater than the maximum amount permitted by law. M d isever fnaltydeter-mined that, but fa this sedan, the Finance Charges a other charges under this Agreement would exceed the maximum lawful amount, the f finance Charges and other charges will be reduced to the maximum lawful amount. Any excess amount that you have aieady paid will be used to reduce the outstanding balance of your Acoourrt a wilt be refunded 1o you by means of a check in our disaefan. Governing Law. This Agreement and any claim or dispute arising out of this Agreement will be governed by applicable federal law and, to the extent state law applies, Delaware taw. ASSIGNMENT OF ACCOUNT We may sell, assign a transfer your Account or any portion ttrerecfwith-out rmtice to you. You may rx~t sal{, assign a transfer your Account wrtlm~oul frsi otltainirrg our prior written consent CHANGES TO THIS AGREEMENT We may change any term or part of this Agreement, including, but not limited to, any finance charge rate, fee or method of computing any balance upon which the finance charge rate is assessed or add any new term or part to this Agreement. If required by law we will send you a notice at least 15 days before the change is to become effective. We may apply any such change to the outstanding balance of your Account on the effective date of the change and to new charges made after that date. You may be offered the opportunity to reject some of the changes, and if you do, you must nofif,+ us in writing within 15 days after the mailing of the notice of change at the address provided in the notice of change, in which case your Account will be closed and you must pay us the balance that you owe us under the existing terms of the unchanged Agreement. Otherwise, you will 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 'rf you pre-viously notified us that you did not agree to the change. We may also change any term of any product, service or benefd offered in connection with your Account. We will notify you as required by law or by the temts of the product, service or benefit PRIVACY POLICY We are required by federal law to provide you with a copy of our Privacy Policy each year. If you have previousty notified us about your privacy preferences, as described in Section 4, it is not necessary to do so again unless you decide to change your preferences. We Respect Your Privacy Our missiaet is to provide you with superior products and services, abrmg witlm the peace of mind knayvaetg that the securely of your personal intonation ~ our top priority. We understand your wncems about guarding information about you and your Aoceunt. We want to assure you that ~ have taken steps, and will camthue to take steps, to safeguard that information. This Privacy Policy describes our efforts to meet these objectives. el includes a surtmmary of the folbwing anporiaM information: A I'~stamg of the personal infonnatbn we celled; The c'rcumstances in which we may share infommaticn with others; The ways we safeguard the confidentiality and securely of information; and The steps you may take to Iimel our sharing of such iMartnation with others. See Section 4 for complete details. Please read our Privacy Policy prefully. tt will help you understand how we tolled and share amfornation. 1. What Personal Information Do We Collect? To serve you better and manage our business, el is important that we collect and maintain acauate personal intonation about you. We obtain this infommation from applications and otherforms you submit to us, from your dealings with us and others, from consumer reporirmg agencies, and from other sources, such as our Web sites. Far exanple: We may obtain infornation such as your name, address and dale of bath from applications and other forms you submit to us. We may obtain information such as Account balances, payment history, your use of yourAcceunt and the types of services you prefer from your transactions and other deal'retgs with us and otlmers. We may obtain information such as the balances of your loans with other lenders and your payment history with others from consurmer reporting agencies. We may obtain aetfortnation such as your Iniemet service provider, your a-mail address, your computer's operating system and Web bra~vser, your Web sHe use and your product and service preferences from your visels to Web sites. 2. Is Personal Information Shared with Others? We limit the sharing of information welh dieters. Many of the offers you receive for products and services are provided directly to you from us. For example, a retailer that accepts the Discover" Card may come to us with a speclal offer for Cardmembers, such as a discount certificate ar product upgrade. After careful consideration of the nature of the offer and the company, we oriel create a list d Cardmembers who may be hterested in the offer based on certain characteristics. Wfr will send time offer da~ectly to thane Cardmembers on behati of the retailer by, for exaretfmle, including an insert in theel monthly bilNng statement or mailing the offer ourselves. We oontrd the information used to make the offer, we do nil share the list or any infometatan about our Cardmermbers with the retailer. However, please understand that iF you do receive this type of offer from us and choose to take advantage of el, the retailer may tlmerm team adonrmation about you because only Cardmenmbers with ceRaam charadaistics receroed the offer. There are, however, carurnstances in which we may share the information we celeri about you, as desrnbed in Sectiaet 1, with other commpanies in order to provide you with access to products and services and to service your Account e6edively, as detailed bebw. VVe requae these companies to adhere to our privacy shandards and to use this information only fa the lamed purpose forwhich el was shared. We do not aflow them to disclose el to others without our prior approval. a. Sharing Personal Informarion with OurCorporate Famr7y Our corporate family offers a variety of products and services that can help you manage your fnances. In order to provide you with access to these products and services, we may share the infortrmafion we culled about you, as described n Section 1, with other members d our corporate faniy. These cornpanies include financial service providers that offer credit protection, sand servicamg and payment processing services. b. Sharing Personal Irdorma(ion with Non-Afi6ated Parfiees for Marketing Purposes We may share the information we tolled about you, as described in Sed'ron 1, with non-affiliated third parties, including those that accept the Discover Card, in order to pnrvide ycw with access to products and services offered dFedly by these companies that may be of vakre to you. These companies include fnanclal service providers, such as insurance oanpanies, and norffinanclal companies, such as retailers. Sharing Personal Information with Others We may share the a,forrnatiorm we collect about you, as desambed in Section 1, witlm companies that perform support ar marketing services on our behalf, such as retailing, market rmrsearch and data processag; otfeter financlal institutions with which we have joint maricetamg agreerrments; or companies that are our partners far cobrarmd aedel cad programs or reword prograrms. We may also share such aetfortnation as permitted by law. How Do We Protect the Confidentiality, Security and Integrity of Information about You? We maintain physical, electronic and procedural safeguaris to protect the 'rdomrafion we collect about you. Access to such inforrratiat is restricted to individuals who need ff n order to service your Account a provide products and services to you, and who are trained io the proper handling of such information. Employees who valate these confdentiality requirements are subject to our disciplr>ary process. Where third parties provide support services, we require them to conform to our privacy standards. ff is important that the information we maintaun afxxrt you is accurate and complete. ff you see irrfomnation n your madhy b01ng statements a elsewhere which suggests that our infarnation is incomplete a inaccurate, please wrtle to us at Discover Card, PO Box 30943, Salt Lake City, UT 841340943 so that we can update this information. 4. How Can You Limit Sharing of Information About You? We respell your privacy aril offer you choices as to whether we may share irdom>ation about you w~h others. You have the option to tent us not b share the idormation we celled abort you, as desrnbed'n Section 1, with non-affiliated thid parties. You also have the optan to tali us not to share the idarrnation we w~ct about you, as desrnbed in Section 1, with carrrpanies h our corporate family. ff you indicate a preference for eitl~x of these options, please understand that you may not reo.nre offers fa products and services provided by other companies that could help you lower your costs, maxrr~e your fnarnaal resources, a manage your finances. To indicate your preferences, please call us at 1.800.225202 or write to Discover Card, PO Box 30961, Salt Lake City, UT 84130-0961. If you have previously notified us about your privacy preferences, it is not necessary to do so again unless you decide to change your preferences. Yourwritten request should uxdude your name, address, telephone number and Account number(s) and should not be sent with any other carespor>dence. In order to process your request, we require that the request be provided by you directly and not Through a thud paAy. You wit need to provide us with your preferences fa each aedit card account you have with us. You may ratify us about your preferences at any time. Your request will remain h effect untfi you notify us otherwise. We wiR honor your request and not share this information except as permitted by law. For example, federal law permits us to share infomtation about you with consumer reporting agencies, service providers and fnancial nstilutrons with which we have joint marketing agreernents, ff you are a new Cardmember, we wiN nd share any information about you, except as permitled bylaw, fathirty days afterwe provide this Policy to you n orkrto give you an opportuntly to inform us about your preferences. ff you are an existing Cardmember, please understand that you may continue to receive marketing offers direly from other companies that were aieady in production prior to the processing of your request. This Privacy Policy is provided to the primary Cardmember fisted on the Account. However, any joist Cardmember has the right to ndi(y us about preferences and we will treat that request as applying to the entire Account. We do not share nformation about former customers, except as permuted by law. This notification supersedes all previously issued Privacy Policies. We reserve the right to amend this Privacy Policy from time to time and we will notify you ff we do so. This Privacy Policy is provided to you by Discover Bank and its subsidiaries, which curenty nclude GTC Insurance Agency, Inc. and Discover Products Inc. Unless otherwise spectfied, d applies to the family of Discover Cards for consumers and the products and services offered n connection with those Cards, inckrding the Wallet Protection card registration service (wAh the exception of any information registered in connection with the service, whidn w81 not be shared). A is part of your Cardmember Agreement and provides a further explanatxn of how we tolled and share information. You may have other rights understate laws thai apply to this information. Please nde that you wort also receive privacy notices fa other credit card accounts you have with us, as well ~ other fnanaal products and services provided to you by us and our affiliates. You will need to indicate your preferences fa each of these separately as d'rsdosed in the notice. Vermont Residents - Your state law requires fnanctal institutions to obtain your consent prior to sharing unfomnalion about you with others. Except as permitled bylaw, we will not share information we celled about you with non-affiliated third parties a companies in our corporate family anless yeu pll us at 1 X00-0ISCOVER (1-804347-2683) and authorize us to do so. California Residents - Your state law requires financial nstitutions to obtain your consent prior to sharing information about you with rwn-affiliated third parties. Except as pern4ted by law, we wiA not share information we Dolled about you with nonaffiliated thud parties while you are a resident of Calffomia. Your Billing Rights KEEP THIS NOTICE FOR FUTURE USE This notice contains important informatiat about your rights.and our responsibilifies underthe Fa'r Credit Billing Act. 1. Notify Us in Case of Errors or Questions About Your Bill ff you think your bill is wrong or ff you need more information about a transaction on your bill, write us on a separate sheaf of paper at the address fisted on your bill fa Notice of Billing Errors. Write to us as soon as possible. We rwst hear from you no later than 60 days after we sent you the frst bill on which the error a problem appeared. You can telephone us, but doing so wiN nd preserve your rights. In your letter, give us the fdbwing information: • your name and Account number. • your dollar amount of the suspected error. describe the emx and explain, if you can, why you believe there is an error ff you need more infomration, describe the tam you are not sue about. If you have authored us to pay your cxedil card bill automaticafiy from your savings a drecking account, you can stop the payment on any amount you thnk is wrong. To stop the payment, you letter must reach us three business days before the automatic payment is sctreduled to occu. 2. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have coreded the era by then. Withun 90 days, we must either correct the error a explain why we believe the bBl was cared. After we receive your letter, we cannot try to collect any amount you question a report you as delinquent. We can cantlnue to bill you for the amount you question, hduding finance charges and we can apply any unpaid amount against your Account credit limit. You do nd have to pay any questioned amount while we are inve~gafing, but you are still obligated to pay the parts of your l>itl that are not n question. ff we find that we made a mistake on your bll, you will not have to pay any fnance charges related to any questioned amount. ff we didnl make a mistMce, You may have to pay the finance diarges, and you vutll have th make up any missed payments on the questioned amount. In eitlner case, we wS send you a statement of the amount you owe and the date that fi ~ due. If you fail to pay the amount that we think you owe, we may report you as delinquent However, ff our explanation does not satisfy you and you write us within ten days teNng us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tetl anyone we repot you to that the matter has been settled between us when it finaly is. ff we don't folbw these rules, we cant coNect the fist $50 of the questioned amount, even i(your bill was cared. 3. Special Rule for Credit Card Purchases H you have a problem with the quality of goods a services that you purchased with a credit card, and you tried o good fagh to coned the problem with the merchant, you may have the right nd to pay the remaining arrrount due on the goods or services. There are two frtrtalions on this right: (a) You must have made the purchase in your home state a, if not witho your hone state, within 11x1 miles of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant or if we mailed you the advertisement forthe goods or services. 4. Purchases Made with Checks or Cash Advances The Special Rule fa Credit Card Purchases does not appy to purdrases made wrTh a balance transfer check, cash advance a promotional purchase checlk. Therefore, y you have a problem with the quality of goods a services that you purchased with a balance transfer check, prorrrdional purchase check, cash advance check a the proceeds of a cash advance, you do not have the right to withhokd payment of the amount due. DESCRIPTION OF COVERAGE SCHEDULED AIR TRAVEL ACCIDENT INSURANCE Discover" Cardmanbers are provided with $500,000 Scheduled Air Travel Acdderd Insurance' You, your Spouse, Domestic Partner a efgible Dependent Chqdren fa wham a ticket was purchased on your Card (as defined bebw) will be autanaticaly oskued against Accdental Loss of Life arising from and occurring on a Covered Trip while You, your Spouse, Domestic Partner a el'gq~le Dependent Children for whom a 6dket was purchased on you Card are riding as a passerger o a entering, exgog a being stnx:k by a Scheduled Aircraft a a caweyance operated by a milgary transport service or riding as a passenger in a entering.e exgog any conveyance licensed to carry the public for a fee and while travelog directly to a from the airport inmedi-at Scheduled Aircraft on which the Insured Person has purchased passage and oxr>ediatey folowing the anival of a Scheduled Aircraft on which the osured Person warms a passeng ~dure of a *Coverage is undenMilten by Federal Insurance Company, a member insurer of the Chubb Group of Insurance Companies. Certao linitations and exclusions apply. PLAN FEATURES THE BENEFITS: The full Benefit Amount ($500,000) is payable fa Accidental Loss of L'fe. The Loss must occur witho one year of the Accident. MAXIMUM LIMIT OF INSURANCE: K more than one Insured Person suffers a Loss n the same Accident, the Company will not pay rtare Than the maximum IimR of osurance ($20,000,000) per Accident. ff an Acddent results in Benefit Amounts becoming payable, which when totaled, exceed the applicable tinq of osurance shown above, the maxoxrm gmit of iuurarx:e wql be divided proportionally among the Insured Persons, based on each applcable Benefd Amount. o the event of multiple Aacdental deaths per Account arising from any cite Acddent, the Canpany's liabgity fa aq such Losses will be limped to a maxlnum ling of insurance equal to two times the applicable Benefid Amount fa Lose of life. Benefits wiq be proportionatety divided arriong the Insured Persons up to the maximum limit of osurance. DEFINITIONS: Accidentor Accidental means a sudden, unforeseen and unexpected event happenhg by chance, and includes unavoidable exposure to elements arising from a covered Hazard. Accidental Bodily Iniury(iesl means bodily ojury which is Aaidental, is the direct source of a Loss, is independent of disease, illness a other cause and occurs while this pdicy is in force. [~Qypt means a Card amount Benefit Amount means the Loss amount at the time the entlee crost of the passenger fare is charged to an Account. ~ means the Discover Card. Cardmember means the holder of the Card whose name appears on the aedq card. ~~Y means the Federal Insurance Canpany. Covered Trio means travel on a Sd>eduled Aiaaft when the entire cost of the passenger fare for such tr~rspatatan, kiss redeemable cerfficates, voudkers a coupons, has been diarged to the Insured Person's Account. Decendent Child or Children means those children, including adopted children and those children placed fe adoption, who are primarily dependent upon the osured Person fa maotenarrce and support and who are: (1) under the age of 19 and reside with the Insured Person; (2) treyard the age of 19, pertrianenty mentally a physically chagenged and incapable of self support; a (3) under the age of 25 and classfied as fuN-time students at an ostitution of higher leamog. Domestic Partner means a person who: (1) is at least 18 years of age and competent to enter oto a contract; (2) is not rehated to the Insured Person by blood; (3) has exclusively lived with the Insured Person fe at least one year prior to the date of enrollment; (4)s {lot legaly married a separated; and (5) as of the date of enroilrrrent, has with the Insured Peron at least two nt the folbuvlg frrandal amangemerrts: (a) a joint mortgage a lease; (b) a joot bank account; (c) joint title to a ownership of a mots vehicle a status as a joint lessee on a mote vehicle lease; a (d) a joint aedil card account with a financial ostqution. Negher the Insured Person nathe Domestic Partter can be married to, rar o a civil union wqh, anyax; else. ~ means the covered circumstances fe which this irsuance is provided as stated'n Section III of the Declarations, Flazards, and described o the hiazards form, as described on page 1 of this Description of Coverage. Insured Person means all Cardmembers, their spouses, Domestic Partners and Dependent Ch'ddren, as well as autha¢ed users of the Account. )~ means the Loss of Life. Loss of Life means death, ockidog doical death detennoed by the kxxl govemog medical authagies. Policyholder means DFS Services LLC, the entity responsible fa the payment of premium. Scheduled Aircraft means an ainxaft owned andle operated by a Scheduled Ailine. Scheduled Airline means an aifine which is either of United States registry and certified by the United States government to pny passengers on a regularly scheduled basis a ~ foreign registerand approved by the United States government and the appropriate foreign authority. JQ(~ means hostilities fogowlrg a declaration of War by a govemrnent authority. Kthere is ce declaration of War, then (1) am>ed, open and contnuous hostilities between two countries a (2) amted, open and continuous hostilties between two fad'ans, each in control of territory, a claiming jurisdiction over the sqe of the area of hostility. DISAPPEARANCE BENEFITS: K the Insured Person has nd been found wgho are year of the disappearance, stranding, sinking, wrecking a breakdown of any Scheduled Aircraft a conveyance o which the Insured Person was covered as an occupant, it wiq be assumed, subject to all other tem>s of the poliuy, that the Insured Peron has suffered Loss of Life crnvered under this pdicy. EXPOSURE BENEFITS: Accident odudes unavoidable exposure to ekunents arising from a covered Hazard. ELIGIBILITY: This insurance plan is provided to Insured Persons auto-rnaticagy when the entire cost of the passenger fare(s) on a Scheduled Aidoe is charged to the Cardmember's Account whge the insurance is effective. h is nd necessary for you to ndify the PoticyhokJer a the Company when Scheduled Airline tickets are purchased. EFFECTIVE DATES: Your insurance under this osurance plan is effective on the later of:1) April 1, 2007; a 2) the date you become an elgible Card-member. Your osurance coverage under this osurance plan wdl cease on the earlier of (1) the date the insurance coverage is termoated; a (2) the date you cease to be an eggible Cardmember. COST: This insurarx~ phan is provided at no additional cost to eligible osured Persons fa Covered Trips. Poticyfalder pays the fuq cast of the instxarrce. THE BENEFICIARY: The Loss of Lfie beneffi will be paid to the benefx9ary designated by you. ff no such designation has been made, that benefit will be paid la the first surviving benefidary o the following order: a) your spouse; b) your children; c) your parents d) your brothers and sisters, e) your estate. Aq other indertriities will be paid to you. M you wish to change your benef'raary, you may request a beneficiary designation form by writing to the plan administrate at: The Died Marketirg Group, Inc., 13265 Bedford Avenue, Omaha, NE 68164 a at 6eneficiaryrequest@TheDin~IING.com. EXCLUSIONS: This insurance plan does nd cover Loss resugog Iran: (1) an Accdent omurring while an Insured Person is o, entering a exiting any airraft aruned, leased a operated by this Policyholder a any aircraft owned, leased a operated by an employee of the Pdicyhokier on behay of the Policyholder (this exdusan does not appy to aircraft chartered with pilot a crew on one tine charter basis), (2) an accident while an Insured Person is in, entering or exgog any airtxaft while adog a traong as a pibt a crew memtrer (this exclusion doe; not apply to passengers who temporarily perform pibt a crew functions in a life threatenog emergency); (3) emotional trauma, marital a physical igness, disease, pregnancy, Ghikibith a miscarriage, bacterial a viral ofection, a bodily maqunctions (except badenal infection caused by an Amident a fran Accidental consumption of a substance contaminated by bacteria); (4) suidee, attempted suiclde a Loss that is otentionaly self irflided; a (5) declared a undeclared VIFar. CLAIM NOTICE: Written dawn notice must be gnren to the Company withn 90 days afterthe ocarrence of any Loss covered by this policy a as soon as reasonaby possible, Failure to give notice within 90 days wr11 not invalidate a reduce any otherwise valid claim i notice is given as soon as reasonably possible. CLAIM FORMS: When the Company receives notice of a chin, the Company vriN send you tams fa giving proof of Loss to us within 15 days. N you do not receive the ferns, you should send the Cenpany a wntten description of the Loss. CLAIM PROOF OF LOSS: Canplete proof of Loss must be given to Company withn 90 days after the date of Loss, a as soon as reasonaby possible. Faiure to give corrtplete proof of Loss withn these time Dames vdN not irnalidate any otherwise valid dam rf notice is given as soon as reasonably possble and in no event haterthan one year afterthe deadline to submit complete proof of Loss. CLAIM PAYMENT: The Company wiN pay you a your beneficiary the applicable Berrr#il Amount withn 60 days after complete proof of Loss is received and f you, the PoNryhoMer and/or the beneficiary have complied with all the terms of the policy. ARBITRATION: th the event of a dispute urMer this poNry, either the Cam-pony a the insured Person may make a written demand fe arbitration. th that rase. the Company and the Insured Person w~ each select an arbitra-ta. The two arbitrates wiN select a chid. tt tl~ey carcrat agree 15 days, eiUrer the Company a the Person may n that the dwice of arbr~a6or be submNted to the American Arbrhation Assodalbn. The arbitraflon wit be held n the state of the Insuued Person's prixipal residence. IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CLAIMS SERVICE CENTER AT 100-CLAIMS-0 (1-800-2524670). You can also go to the Company Web site (tppppygb{~,g~, cidc on Repot a Loss, select Aoddert, Benefls and Life chins. select the appro-pri-ate fem. pmt out the dam form, fdl out aril nrai. You pn file a chin by mai a fax. Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES CLAIMS SERVICE CENTER 600 INDEPENDENCE PARKWAY ' PO BOX 4700 CHESAPEAKE, VA 23327-4700 Fax. Number. 1-800-300-2538 As a handy reference guide, please read this and keep i in a safe place v+ith your other iuurance doaments. This description of coverage is not a contract of insurance but Lc a summary of the principal provisions of the insurance while in effect. Complete policy provisions are oontaix:d in the Master Policy, which can be obtaned from the Policyholder: Policy #~J90G18.O6 Poicy Underwritten By Phan Admiistrata Federal Insurance Company The Died Marketing Group, Ina a member insurer of the 13265 Bedford Avenue Chubb Group of Insurance Companies Omaha, NE 68164 15 Mountain View Road, PO Box 1615 Warren, NJ D7061-1651 DESCRIPTION OF COVERAGE SECONDARY RENTAL CAR COLLISION COVERAGE Discover Cardmenbers can beneftt from the warily and safety offered through Excess Collsion Damage Waiver. ff you rent a vehicle fa 31 consecutive days a less (a 45 days under ceAaio dramstances described bebw) with yen Card (as defined below), you may be eNgible for benefds under this coverage. Excess Copision Damage Waiver is an insurance program, rndervrtitten by Federal Insurance Company Policy # 9906.173 (the "Policll'). DEFINITIONS: t~pypt means a Card account. Actual Cash Value means the cost to repair or replace the Rented Auto-mobile at the time of loss, less depredation. Cardmember means the holder of the Card whose name appears on the credtt card. ~ means the Discover Card. Collision Damage means the diced and acddental damage to a Rented Automobie caused by upset a collision with another object. Collisan Damage does not include bss caused by missiles, faNng objects, fve, theft a larceny, explosbn, earthquake, windstorm, hail, water, food, malicious mischief a vandalLsm, riot a dvi corrrnotion. ~~y means the Federal Insurance Company. Insured means Cardmembes and authored users of the Accent. Policyholder means DFS Services LLC, the entity responsible for the payment of premium. Rental Aaencv means a oommerdal automobile rental company Ncensed under the laws of the applipble jurisdiction. Rented Automobile means afour-wheeled private passenger type mots vehicle a a minivan manufadun~land desgned to transport a maximum of seven passengers and used exarsivety to tarty passengers. A Rented Automobile must be desgned fa travel on public roads and rented from Rental Agency. TO GET COVERAGE: The Collision Damage Waiver Coverage's provided to ye, as an Insured, automaticaNy when the antis rental fee fe the Rented Aulanobie is dtarged a debxed to you Accamt. tt is not necessary far ye to notdy the Company at the time the rental fee is charged a debited to your Account. Ye must decline the LosslDamage Waiver offered by the vehicle Rental Agency. Ye must rent the vehicle th your own name and sign the vehicle rental agreemed/canlrad. The coverage period will not exceed 31 consecutive days or 45 consecrtive days tt the Insured is an empbyee of an organ'¢ation which has pro-vided a Card to the Insured for business use. THE KIND OF COVERAGE YOU RECEIVE: In oonsideratan of the premium paid by the PoNcyholder as required, and subject to aN the berms of the Poky, the Canpany agrees to 2inburse on an Actual Cash Value basis eitirerthe hsured a the Rental Agency for repay a replacerr>ent of the Rented Automobile as a resuN of Collision Damage to the Rented Automobie. The Companys lab8ty wii be to a mardmum reimbursement of $25,000. th no event w6 the Company be Noble beyond the amounts aduaNy paid by the Insured a the Rental Agency. tt ye a an Insured's primary vehicle insurance a other coverage has made payments for a covered bss, Excess Collision Damage Waiver wiN cover yen deductible and any other eligible amourrts not covered by other insurance. This coverage isnot aN-inclusive, which means tt does not cover such things as personal injury a personal liability. tt does not cover ye for any damages to other vehicles a property. tt does not cover ye fa any injury to any party. WHO IS COVERED: Discover Cardmembers EXCLUDED RENTAL VEHICLES: Off-road, antique a united ed'dan mobr vehicles; trucks; reactional vehicles, campers, pidarp tnidcs,andmini-buses; frr~ed ed'Aiai mots vehicles a high iralue, euatic, high perfom~arxe a collector type. High value motor vehicles are mots vehicles whose replacement value exceeds 550,000, and antique mdor vehicles are defned as arty vehicle over 25 years old, aany vehicle whicli has not been manufactured fa 10 years a mae. WHERE YOU ARE COVERED: Coverage applies to vehicles rented h the United States and Canada any. Coverage is not available where prohbited bylaw. WHAT IS j~ COVERED: Coverage does not appy to bss resulting from the folbwing: Any dishonest, fraudulent a aimhal ad of the Insured. • Forgery by the Insured. • Loss due to war a confiscation by authorities. Loss due to nuclear reaction a radioactive contamination. The Insured berg intoxicated, as defned by the laws of the jurisdiction where the bss occurred, a under the nfluence of any narcofic unless presethed by a physkaarr. • Use of the Rented Automobile to cony passengers and properly fa hire. Use of the Rented Automobile by a person other than the one author-¢ed to operate the Rented Autanabile by the tenru of the Rental Agreement Loss of use of the Rented Automobile. Intentional damage to the Rented Automobile by Hre Insured. Damage which is due and confined to wear and tear, freezing, mech~i-cal a electrical breakdaYvn a faikue. Damage to tires unless the bss is coinddent with a covered bss. Use of the Rented Automobile in tests, races a contests. The Rented Automobile berg operated a bated in any territory prof-ibrted by the terms of the Rental Agreement. FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS: To the extent that this plan provides nsurance against damage to a rented mots vehicle, the folbwing terms and condifans appy: (1) the period of hsurance coverage wit rat exceed 31 consecutive days, a 45 consecutnre days ~ the Insured is an empbyee of an organ¢ation which has provided the Card to the Inswed fa business use; and 2 the insurance over any other valid and collectible insurance () Pm`~ by this Plan will be excess cover-ing the Rented Autarabile. However, the insurance provided under this plan may be prirrrary if speaficaNy provided for under the temu of this plan and fi the fogowhg criteria is met: (a) the Rented Automobile is rented fa use outside the United States, its territories and possessions; (b) the Insured is an empbyee of an organ¢ation which has provided the Card to Hie Insured for business use; and (c) the Rented Automobile is rented without a driver. HOW TO FILE A CLAIM UNDER EXCESS COLLISION DAMAGE WAIVER: In the event of a claim, written a verbal notice must be provided as soon as reasonaby possible. IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CLAIMS SERVICE CENTER AT:1~00-CLAIMS-0 (1.800-252670). You can also go to the Company Web site (bpppy,, dick on Report a Loss, select Acx9dent, BenefAs and Life claims, select the appropriate form, print out the dais form, fih out and mail. You can file a chin by mail a fax. Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES CLAIMS SERVICE CENTER 600 INDEPENDENCE PARKWAY PO BOX 4700 CHESAPEAKE, VA 23327700 Fax Number. 1.800,'300.2538 CLAIM PROCEDURE: The Insured must send the Company written notice of a claim, including the hsureds name and PoYcy number, wdhm 90 days after a covered bss occur. ff ratite cannot be given v41hn that tine, R must be given as soon as reasonaby possible. To file a swam Proof of Loss, the Inroad must send the foYovdng idomratron to the Company a its aulhor¢ed representative: A copy of the Account statement showing the automobile rental transaction. A copy of the automobile rental agreement - • A copy of the police report. A copy of the inifial chin report submitted to the automobile Rental Agency. A copy of the paid chin presented by the automobile Rental Agency fa the ColGsbn Damage for which the Insured is responsible. Proof of submission of the bss to, and the results of any settlement or denial by the appliceble insurance carrier(s). ff no other insurance is appligble, a notar¢ed statement from the Insured to that effect. Reminder: Please refer to the Insurance Disclosures section. INSURANCE DISCLOSURES As a handy reference guide, Please read this document and keep it in a safe place with your other insurance documents. This Summary of Cover-age is not a antract of insurance but ~ simply ~ informative state-rrient to eligible Insureds of the pmdpal provisions of the insurarxe while in effect. Complete provisions pertaineg to this plan of thsurar~ce are coMair~ed 'm the master pofwy on file wAh DFS Services LLC, herein refened to as the Poicyholder. N a statement n this Summary of Coverage and any provision in the policy differ, the policy wit govern. Pd'icy Underwritten by Plan Administrate Federal Insurance Company ("Company] The Direct Marketing Group, Inc. a member of the 13265 Bedford Avenue Chubb Group of Insurance Companies On>aha, NE 68164 15 Mountain Vew Road,~0 Box 1615 Warren, New Jersey 07061-1651 Master Pdicy Number.9906-173 Effective date of benefits: Effective April 1,2007, this guide replaces'ail prig discbsures, program desa~tions, advertisng, andla brochures by any party. Policyhdder and Canpany reserve the right to change the benefds and features of these programs at any tine. Cancellation: Popcyhdder pn cnncel these benefits at any tine a choose not to renew the insurance coverage fe cep authored Cardmembers. ff Po4ryholder does cancel these benefAs, you wiN be ndfied at least 60 days in advance. ff ttie Company fenniwtes, cancel, a denser not to renew the average to Pofiryholder, you will be ratified as soon as is predicable, Insurance benefits vuiN sU71 apply fa any benefits you were eligible fe prior to the date of such terminations, caraetlafion a non-renewal subject to the terms and andNiars ~ coverage. Benefits to you: These benefRs appy only to Cardmembers whose cards are issued by U.S. financial insbtutions. The United Stales is defined as the 50 Untied States, the District of Cokmbia, Americas Samoa, Puerto Rioo, Guam and the U.S. Vsgh Islands. No person a errtily other than the Card-member shat have any legal a equihable right, remedy, a dam for iisurance proceeds andle damages under a arising out of this average. These benefits do rat apply il your Cad privileges have been car>Celled. However, insurance benefits wig sbl appy fa any benefid you were eligible fa prig to the date that your Account is suspended a cancelled subject io the terms and auditions of average of your Cadmember Agreement. Transfer of rights or benefts: No rights a benefils provided under these insixance benefits may be assigned without the priorwrilten consent ~ the Canpany. Misrepresentation and fraud: Coverage of the Insured will be void f, at any tine, the Insured has annealed a misrepresented any material fad a dreumstance anceming this average a the subject thereof a the interest of the Insured here, a n case of any fraud a false swearig by the Insured relntng thereto. Coverage for an Insured will be vdd rf, whether before a after a bss, fhe Pdiryhdder a its subscribing aganizatian(s) has araealed a misrepre-rented any material fad a circumstance ooncemng this average a the subject thereof a the interest of the Insured therein, a in case of any fraud a false sweaing by the Policyholder a its subscribing organs-za-tion(s}relating hereto. Addition of New Insureds: All eligible persons will be automaticaly insured under this Pdiry. Examination Under Oath: ft is a audition of this insura>ce that the Insured and the PoNcyhokler, as often as may be reasonably required by the Company, vriN submil, and within its power cause others to submil, to examnalions under oath and will produce fa exambation all wrilings, books of acaunt, bills, invoices and other vouchers, a certified copies thereof y originals are lost, at such reasonable tine and place as may be designated by the Company a its representative, and will permit extracts and spies thereof to be made. No such exarwratbn under oath, exams-nation of documents a any other ad of the Company, its anpbyees a represerrtatives in aruredion with the irvestigatbn d any bss a daim wiB be deemed a waiver of any defuse and such ads shall be deemed to Have been made a done withart prejudice to the Canpan~s Nobility. No Benefd to Others: This average will in noway inure diedly a indirectly to the benefit of any insurer, person a organ¢ation a other bailee. Subrogation: ft is a andifxxi of this insurance that il the Company pays the hsured fa a bss, fl wit remake the Insured th assign and transfer any daim a right of action against any individual, firm a corporation fa such kus to the Company a subrogate a hold in bust atl such rights to the extent of the amount paid. The krsured wit agree to take adios as requested by the Company to enforce such rights. Upon payment by the Company to the Insured, the Insured agrees to direct enforcement of such rights as reasonaby requested by the Company and to rettnn to the Company any reavery to the extent payment of bss has been made by the Company. Arbitration: In the event of a dispute under this poky, either the Company a the Insured may make a written demand fa arbitration. In that case, the Company and the Insured vriN each select an arbftrator. The two orbs-trators will select a thid, if they gnnot agree within 15 days, either the Company a the Insured may request that the dmice of arbdrate be submitted to the American Arbitration Association. The arbibatrai will be held n the state of the Insixed's prir>Gpal residence. GLOBAL TRAVELER'S HOTLINE TERMS AND CONDITIONS The Gbbal Travelers Hotline provides Cadmernbers and there families a wide range of free travel assistance benefds. h is operated by AXA Assistance USA, Inc. Visit Disavercard.anJlravel to learn more. Eligibility. You must be a Cardmember whose Account is n good standing, the Cardmember's spouse a dependent child baveNng with the Card-member or an Authored User of an Acaunt in good standing. Third-Party Charges. Gbbal Traveler's Hotline is not insurance, so you vriil be resporuible fa all thid-paty fees and expenses for services requested, such as professional a medical fees. Availability of Services. Certain services may rat be available m all areas. Call us ~ 1.800-DISCOVER (1-800-347-2683) for assistance a'rf you have quesl'ans about a specific desthatbn.Outside the U.S., call us celled at 1-801-902-3100. While AXA Assistance will make every reasonable effort to provide the services, neither AXA Assisiarice nor Discover Bank a our respective affiliates wifl be liable il a service is not provided a for any services that ore provided by thid parties. The services and these terms and anditias are subject to diarge withaA ndice. Jun. 1. 2010 3: 23PM No, 24$4 P. 9 VERIFICATION The undersigned does hereby verify subject to the penalties ofi 18 PA.C.S. X4904 relating to unsworn falsifications to authorities, that he/she is me) ACCOUNT MANAGER of DFS SERVICES LLC ,plaintiff herein, that (Title) (Company) helshe is duly authorized to make this Verification, and that the facts set forth in the foregoing Amended Complaint are true and correct to the best of his/her knowledge, information and belief. . ~__ ( gna ) WWR# 7959074 DFS# 6411002921418372 CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff s Amended Complaint has been served by U.S. Mail, Postage Pre-Paid, on ~ day of 2010 upon the following: Joseph Murphy, Esquire 'I1~e J. Murphy Firm. 210 Grant Street, Suite 301 Pittsburgh, Pa 15219 B~ ~/~~~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, v. ROBERT L. STEPHENS, JR., Defendant. Case No.: 2010-00835 r. ~A -.,,,~. r'~-~ ~_ ANSWER TO AMEND COMPLAINT _ -_ Filed on behalf of Defendant Robert L. Stephens, Jr. Counsel of Record for this Party: Ashley M. Derr, Esquire Pa. I.D. #306604 The J. Murphy Firm 210 Grant Street, Suite #301 Pittsburgh, Pa 15219 (412) 521-2000 N ~ '•__~ _, ~ r_ --~ r^ `" n~ - ; ~~ ~y ~. ; -, -;, __~. ~- ~; N ~ , ~~ W ;; -r 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, v. ROBERT L. STEPHENS, JR., Defendant. Case No.: 2010-00835 Certificate of Service I do solemnly swear that a true and correct copy of the within ANSWER TO AMENDED COMPLAINT was delivered to the below party or counsel as follows: Lyndsay Rowland, Esq. Weltman, Weinberg & Reis Co., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, Pa 15219 [ XX ]Via First Class U.S. Mail, Posta a Pre-Paid [ ]Via Facsimile: [ ]Via Certified U.S. Mail, Postage [ ] Via Express Mail Pre-Paid Carrier: Article Number [ ]Via Certified U.S. Mail, Postage [ ] Other Method as follows: Pre-Paid Return Recei t Re uested. shley M Derr 07/20/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, v. ROBERT L. STEPHENS, JR., Defendant. Case No: 2010-00835 ANSWER TO AMENDED COMPLAINT AND NOW, comes the Defendant, ROBERT L. STEPHENS, JR., by and through his attorneys, THE J. MURPHY FIRM and ASHLEY M. DERR, ESQUIRE, and files the within Answer to Amended Complaint and avers as follows: 1. Upon reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment set forth in Paragraph 1. 2. Pazagraph 2 of Plaintiff's Amended Complaint is admitted. 3. Upon reasonable investigation,, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment set forth in Pazagraph 3. Count I-Breach of Contract 4. Paragraph 4 does not require a response. 5. Pazagraph 5 is specifically denied in it is denied that Plaintiff made an offer to the Defendant. To the contrary, the mailing of the credit card and terms and conditions were, at most, an acceptance of an offer that Plaintiff itself solicited from the Defendant. While it is admitted that terms and conditions dated 2008 aze attached to Plaintiff s Amended Complaint as Exhibit 1, it is specifically denied that only these terms apply to the subject account. 6. Paragraph 6 is denied for the reasons set forth in Paragraph 5 above. 7. Pazagraph 7 is admitted. 8. Pazagraph 8 is admitted in part and denied in part. While it is admitted that Plaintiff has attached various statements to the Amended Complaint as Exhibit 2, it is specifically denied that the interest rate, charges and fees were accurately calculated. Strict proof of Plaintiff s allegations is demanded at the time of trial. 9. Paragraph 9 is denied for the reasons set forth in Pazagraph 5. It is further denied that Defendant is required to pay a balance that was improperly and inaccurately calculated. 10. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 10 of Plaintiff's Amended Complaint and therefore, the same aze denied. 11. The date of last payment is unknown and therefore, the averments contained in Pazagraph 11 aze denied. 12. Pazagraph 12 contains conclusions of law to which no response is required. To the extent that a response is deemed necessary, the same aze specifically denied. Strict proof of Plaintiff s allegations is demanded at the time of trial. 13. The actual and correct balance is unknown and as such, the averment contained in Paragraph 13 are denied. 14. As it is unknown as to whether the purported terms and conditions attached to Plaintiff's Amended Complaint aze applicable to the account in question, the averments contained in Pazagraph 14 aze denied. 15. Paragraph 15 is specifically denied for the reasons set forth in Paragraph 14 above. 16. Pazagraph 16 is specifically denied for the reasons set forth in Pazagraph 14 above and that Defendant did not willfully breach the alleged contract with the Plaintiff. Strict proof of Plaintiff's allegations is demanded at the time of trial. 17. Paragraph 17 is denied for the reasons set forth in Paragraph 14 above. 18. Pazagraph 18 is denied as these fees aze neither authorized nor reasonable. Count II-Uniust Enrichment 19. Paragraph 19 does not require a response. 20. Paragraph 20 is admitted. 21. Pazagraph 21 is denied, in that the benefit of goods and merchandise was not conferred upon the Defendant by the Plaintiff; rather, the goods and merchandise were provided by the merchants who sold the goods and merchandise to the Defendant. The only "benefit" conferred upon the Defendant by the Plaintiff was an extension of credit. 22. Pazagraph 22 is denied in that the Defendant is not required to pay a balance which was improperly and inaccurately calculated. WHEREFORE, the Defendant demands judgment be entered in his favor. Respectfully Submitted: THE J. MURPHY FIRM hley M. Derr, Esquire ( ounsel for Defendant) 07/20/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C CIVIL DIVISION -am " s rt ._ ? DISCOVER BANK, Docket No.: 2010-00835 Plaintiff , 3 < ROBERT L. STEPHENS, JR., Defendant. DEFENDANT'S VERIFICATION TO ANSWER TO AMENDED COMPLAINT Filed on behalf of Defendant, Robert L. Stephens, Jr. Counsel of Record for this Party: Ashley M. Derr, Esquire Pa I.D. #306604 THE J. MURPHY FIRM 210 GRANT ST, SUITE 301 PITTSBURGH, PA 15219 (412) 521-2000 :- tea` l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff, V. ROBERT L. STEPHENS, JR., Defendant. Case No.: 2010-00835 VERIFICATION By my signature below, I verify that the statements made in the foregoing ANSWER TO AMENDED COMPLAINT is true and correct to the best of my knowledge, information or belief. I understand that false statements, made herein are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date Robert L. Stephe - s 22 IN THE COURT OF COMMON PLEAS OF ?i S c ov er vin CUMBERLAND COUNTY, PENNSYLVANIA NO. 20 L) ,a? C"t 1 RULE 1312 ointment of Arbitrators shall be substantially in The Petition for A r C - pp Following form :':7 T' r PETITION FOR AI'POIN MFNT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Zd.'/ll r'/1t ?? I zr•^ counsel for the lainti aia in the above action (earns), respectfWly represents that. 1. The above-captioned action (arsefins) is (a* at issue. 0 2. The claim of plaintiff in the action is $ l/ 077 The counterclaim of the defendant in the action is - The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrator/sJ: ?? ? ((.(M ?/???czr ?k G J? ?C V ?Se/?^ Gtr/ ^K7 ViHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, , 200___, m consideration of the foregoing petition, Esq., and captioned action (or actions) as prayed for. W?y.Do AN majeZA, tn'r,t 9 a? ljro Sa6 Esq., and _ Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY CERTIFICATE OF SERVICE A true and correct copy of the Petition for Appointment of Arbitrators, to schedule an Arbitration Hearing, has been served by First Class Mail, postage pre-paid, on day of 2010 upon the following: JOSEPH MURPHY, ESQUIRE THE J MURPHY FIRM 210 GRANT ST, SUITE 301 PITTSBURGH, PA. 15219 By: 1AIJ44 5r2 pt??2= A IN THE COURT OF COMMON PLEAS OF / `s c pv e r ?(n CUMBERLAND COUNTY, PENNSYLVANIA p ? 1.? NO. 0 3 S C; - 20 Sie ?e"l r•? -? a RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in #hL. w = c a Following form:. PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: LrJ•J???'?r? / ' / "'' (I Z4,1 counsel for the lainti in the above action (eameiow), respectfully represents that: 1. The above-captioned action (mss) is (ate) at issue. 0 2. The claim of plaintiff in the action is $ 0 7 7 - T The counterclaim of the defendant in the action is -- The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrator/s/: tl olen? dl?lu,.o ?.,, , t? WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT ¢y 743'7 1 AND OW, 1 C jI A," 1 t , 201Q, in consideration of the foregoing petition, Esq., and "Z(? '&?? Esq., andtjMAP yl?/yc? Esq., are appointed arbitrators in the dove c captioned action (or actions) as prayed for. w " r I rn ?y ?U ?? , m0 ?C Zkl? By the Court c 7 i t -V . C?trt? gas lcI 1o ,. Ce kS / T;z t LECL ?? = M C) -n :c ?C? ?issao r A44? w . ?'rbCt,Z?U o ?? N F5 yr'*7 "' R-f r CERTIFICATE OF SERVICE A true and correct copy of the Petition for Appointment of Arbitrators, to schedule an. Arbitration Hearing, has been served by First Class Mail, postage pre-paid, on V_11*day of Adsw'yn? , 2010 upon the following: JOSEPH MURPHY, ESQUIRE THE J MURPHY FIRM 210 GRANT ST, SUITE 301 PITTSBURGH, PA. 1521.9 By. Z 4 h/? 5r2 P2??7= WELTMAN, WEINBERG & REIS CO., L.P.A. - - 3 BY: Sarah E Ehasz Attorney for Plaintiff(s) - -? I.D. No.86469 CO 436 Seventh Avenue, 1400 Koppers Bldg -?' Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7959074 -? DISCOVER BANK vs. ROBERT L STEPHENS JR CUMBERLAND County Court of Common Pleas No.: 10-835 CIVIL TERM PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice to refile. WELTMAN, WEINBERG & REIS CO., L By Sarah E Ehasz Attorney for Plaintiff