HomeMy WebLinkAbout10-1391or I ?% COURT OF COMMON PLEAS
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
I COMMON PLEAS No. 14 _ I S Q I CiVi t
NOTICE OF APPEAL Ft led 4511o
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgement rendered by the District Justice on the
date and in the case mentioned below.
NAME OF APPELLANT MAG. [MST. NO. OR NAME OF DJ.
Discover Bank 09-1-01
AUUKtbb UY AFFU AN I CITY STATE ZIP CODE
c/o Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046
UAIt Ur JUL)UtMtN I IN THE CASE OF (Mainrifl)
2/2/10 Discover Bank
CLAIM NO.
of Prothonotary or Deputy
If appellant arms GLAI ARrIsee Pa. R.C.P.J.P. No.
1001 (6) in action before District Judge, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon
(Common Pleas No.
Name of appellee(s) appellee(s), to file a complaint in this appeal
) within twenty (20) days after service of rule or suffer entry of judgement of non pros.
RULE: To , appellee(s).
Name of appellee(s)
signature of appellant or his attorney or agent
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date:
signature of Prottmnotary or Deputy
AOPC 312-90
LT
vs. Rachid Ha
SIGNATURE OF APPELLANT OR HIS ATTOR OF
CV 596-09 I Edward Stock, E§qUr
This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No.
1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF N `,? F OF APPEAL AND RU ? UE
t- ="i. . ?c?tF
(77ftS,xL?t77 of service MUST BE 1 Ni ? r ie , DAY! ,3 ?E13 filing the 1`Pt?i`rt e [.??
COMMONWEALTH OF PENNSYLVANIA
,0 W
COUNTY OF ____ -- ____. -; ss.
AFFIDAVIT: ! hereby swear or affirm that ! serve
a copy of -the Notice of Appeai. Common Fleas No, upon the District ,f, Lice designated then e?3 i ca,
(date of servic -------- ------ by personal service 71 by (certifies) (registered) snail, sender's
receipt attached hereto, and ups the appellee, n
ersonalservice 71 b certified (registered') mail, sender's receipt attached here??
and further that i served the Rule ki Rn a Cornpiairit accompanying the above Notice of Appeal upon 'the appellee(s) L) whol,
-1 by personal service i71 by (certified) (registered)
the Rule was addressed on
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS . DAY F
Signature of official before whom affidavit was made
Title of official
My commission expires or.
IhK14M
7=,q AWA;k
Signature of affiant
. ,, ..COMMONWEALTH OF PENNSYLVANIA
r.hl INTY OF- CUMBERLAND
*,, r.
Mag. Dist. No.:
09-1-01
MDJ Name: Hon.
CHARLES A. CLEMENT,
Address: 400 BRIDGE ST
OLDS TOWNE COMMONS
NEW CUMBERLAND, PA
Telephone: (717 ) 774 - 5989
-SUITE 3
17070
ATTORNEY FOR PLAINTIFF :
EDWARD STOCK
804 WEST AVE
STOCK & GRIMES LLP
JENKINTOWN, PA 19046
THIS IS TO NOTIFY YOU THAT:
- Judgment: FOR DEFENDANT
® Judgment was entered for: (Name)
Judgment was entered against: (Name)
in the amount of $
Defendants are jointly and severally liable.
? Damages will be assessed on Date & Time
This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
F1 Portion of Judgment for physical damages arising out of
residential lease $
Amount of Judgment $ .00
Judgment Costs $ .06
Interest on Judgment $
Attorney Fees $ -U0
Total $ .00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON, PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
r 212/10 Date l?? ld . ?
I certify that this is a true and correct copy of the record of the
Date
, Magisterial District Judge I
Magisterial District Judge
Is containing the judgment.
My commission expires first Monday of January, 2014
AOPC 315-07
SEAL
DATE PRINTED: 2/02/10 3:20:00 PM
(Date of Judgment) 2/02/10
HATNI, RACHID
DISCOVER BANK,
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FDISCOVER BANK,
804 WEST AVE
JENKINTOWN, PA 19046
L J
VS.
DEFENDANT: NAME and ADDRESS
rHATNI, RACHID
543 BRIDGE ST APT/STE C
NEW CUMBERLAND, PA 17070
L J
Docket No.: CV- 0000596 - 09
Date Filed: 12/22/09 -
Stock & Grimes, LLP
By: Edward Stock, Esquire
I.D.# 13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK
12 Reads Way
New Castle, DE 19720
Plaintiff
VS.
RACHID HATNI
543 Bridge Street
Apartment C
New Cumberland, PA 17070
Defendant(s)
Attorney for Plaintiff L .
COURT OF COMMON PLEAS
CIVIL ACTION - LAW
0
i l ("r'f 1 11
NO. Ib - !3R J tV
.r
?rll
?r
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 CLAIlvIED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR
RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR
PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE
TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
STOCK & GRIMES, LLP
BY: EDWARD STOCK, ESQUIRE
I.D. #13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK
12 Reads Way
New Castle, DE 19720
Plaintiff
Vs.
RACHID HATNI
543 Bridge Street
Apartment C
New Cumberland, PA 17070
Defendant (s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
No.
?v - 1391 6N,
CIVIL ACTION COMPLAINT
COUNT I
1. Plaintiff, Discover Bank, is a banking institution
organized under the laws of the State of Delaware and maintains
a business address of 12 Reads Way, New Castle, DE 19720.
2. Plaintiff is engaged in interstate commerce and is
subject to various federal laws and federal banking
regulations; and, Plaintiff does not conduct business within
the Commonwealth of Pennsylvania within the meeting of any
statutes and/or regulations pertaining to foreign corporations.
3. Discover Bank is the issuer and owner of the
Discover credit cards which are issued to consumers pursuant to
an extension of credit agreement with them.
4. DFS Services, LLC is affiliated with and is the
servicing agent for the Discover credit card accounts for
Discover Bank. It creates and maintains all of the records
in connection with all of the activities and/or transactions
regarding the Discover accounts, which records are maintained
by DFS Services, LLC in the ordinary course of its business.
DFS Services, LLC is authorized to execute the Affidavit
attached hereto as Exhibit "A".
5. The Defendant, Rachid Hatni, is an
adult individual residing at the address contained in the
above caption.
6. At the special instance and request of the
Defendant, and relying on information received from the
Defendant, the Plaintiff issued a Discover credit card to
the Defendant so that the Defendant could make purchases
from various merchants who were authorized to accept the
credit card from the Defendant in lieu of payment by the
Defendant to the merchants.
7. The Defendant received the physical credit card
issued by the Plaintiff, together with
(extension of credit agreement), which
terms and conditions governing the use
between the parties hereto. Plaintiff
Exhibit "B" a true and correct copy of
Agreement.
a Cardmember Agreement
agreement contains the
of the credit card
attaches hereto as
the said Cardmember
8. Thereafter, on sundry and various occasions, the
Defendant, pursuant to the extension of credit agreement, used
the credit card for purchases and/or other forms of credit,
which credit and its terms are governed by the
Cardmember Agreement attached hereto as Exhibit "B".
9. The Defendant ratified the terms and conditions
of the Cardmember Agreement each and every time he/she
utilized the Discover credit card, as well as by continuing
to make payments to the Plaintiff after receiving monthly
statements summarizing the activities and/or transactions on
the account.
10. Plaintiff believes, and therefore avers, that
the Defendant's last payment in regard to their obligation
was processed on February 11, 2009. As a result thereof, the
Defendant is in breach of his/her obligation to the Plaintiff
in accordance with the Cardmember Agreement; and as a result
thereof, the obligation of the Defendant to satisfy the entire
balance in regard to the credit card account became
accelerated.
11. Plaintiff attaches hereto as Exhibit "C" a true
and correct copy of the last monthly statement of the account
issued to the Defendant.
12. The present outstanding balance which is due on
the credit account is $7,590.21; and, although repeated
requests and demands have been made upon the Defendant by the
Plaintiff to satisfy the balance, the Defendant is still in
breach of the agreement and have failed to repay the account
balance and debt due the Plaintiff.
13. In addition to the balance on the account as
indicated above, the Plaintiff has incurred additional
damages for attorney fees and costs and request payment of the
same by the Defendant pursuant to the terms of the Cardmember
Agreement.
14. Plaintiff, through its counsel's investigation,
has determined that the Defendant is not in the military
service.
15. THIS COMMUNICATION OF PLAINTIFF'S COUNSEL IS FROM
A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
WHEREFORE, Plaintiff, Discover Bank, demands
Judgment against the Defendant, Rachid Hatni, in the sum of
$7,590.21, plus reasonable attorney fees, costs and pre-
judgment interest in accordance with law.
COUNT II
16. Plaintiff incorporates by reference, all of the
foregoing averments of this Amended Civil Action Complaint, as
though the same were more fully set forth in length herein.
17. Defendant by the use of the Discover credit card
and the extension of credit received the benefit of the same
which was given on the said credit account and has failed to
make payment for the receipt of the said benefit.
18. As a direct result of the receipt of the benefit of
the extension of credit understanding as above, the Defendant
has been unjustly enriched in the amount of $7,590.21 to
Plaintiff's detriment.
WHEREFORE, Plaintiff, Discover Bank, demands
Judgment against the Defendant, Rachid Hatni, in the
sum of $7,590.21, plus reasonable attorney fees, costs and
pre-judgment interest in accordance with law.
DATE: v? O
EDWARD STO
VERIFICATION
The undersigned, EDWARD STOCK, ESQUIRE, hereby states that he is
the attorney for the Plaintiff who is located outside this jurisdiction and in order to
file the within document in an expedient and timely manner, he is authorized to
take this Verification on behalf of the said Plaintiff in the within action and verifies
that the statements made in the foregoing Complaint are true and correct to the
best of his knowledge, information and belief, based upon information provided to
him by the Plaintiff.
A Verification signed by the Plaintiff will be provided to Defendant or
counsel for Defendant upon request.
The undersigned understands that false statements herein are made subject to
the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to
authorities.
EXHIBIT "A"
ATTORNEY: STOCK
ACCOUNT NUMBER: 6011005756896554
BALANCE: $7,590.21
CARDMEMBER (S): RACHID HATNI
STATE OF OHIO
COUNTY OF FRANKLIN
Nicole Rose, personally appeared before me, this day and after being duly sworn, according to
law, upon his/her oath and says:
I am a Legal Placement Account Manager for DFS SERVICES LLC., the servicing agent of
DISCOVER BANK, an FDIC insured Delaware State Bank.
THAT this affidavit is made on the basis of my personal knowledge and in support of Plaintiff's
suit on account against the Debtor(s)
THAT, in my capacity as Legal Placement Account Manager, I have control over and access to
records regarding the Discover Card Account of the above referenced Debtor(s), further, that I
have personally inspected said Account and statements regarding the balance due on said account.
DFS SERVICES LLC. maintains these records in the ordinary course of business.
THAT the annexed statement of account is a true and correct statement of what is now due and
owing Discover Bank on the account, and exhibit A is a copy of the Cardmember Agreement
between Discover Bank and the above referenced Debtor(s). The Cardmember Agreement
governs the terms and conditions of the relationship between Discover Bank and the Debtor(s) in
connection with the account.
Based on my review of the account records, to the best of my knowledge and belief the above
referenced Debtor(s) is not engaged in the military service of the United States and is a resident
of the State and of the Country in which this action has been filed.
I declare under penalty, of perjury that t
knowledge.
Sworn and Subscribed before me,
This day of Wednesday, November 25, 2009.
=.t1
.ttt.ltIto
!11114111.
my
i
- , K. RENEE LIVENGOOD
-
* Notary Pubk
in and for the Stye om
C
om? son
h.; A 05,1p1t
EXHIBIT "B"
DISCOVER'
CARD
YOUR DISCOVER® CARD
ACCOUNT
CARDMEMBER AGREEMENT ................ Pages 1-13
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 provision with respect to your
new Account within 30 days after receiving. your Card,
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,
Men 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 95.
BILLING RIGHTS . ..... ........... .Pages 16-17
Important information about your rights and our
responsibilities under the Fair Credit Billing Act
DESCRIPTION OF COVERAGE ................ Pages 17-25
The terms and conditions of the Scheduled Air Travel.
Accident Insurance and the Secondary Rental Car
Collision Coverage that is provided at no charge to
you when you use your Card to purchase airline
tickets or rent an automobile.
GLOBAL TRAVELER'S HOTLINE...... , ...........Page 25
The terms and conditions of this free travel assistance
benefit.
TI-20A.0506
0BD000_05B0K_TL20A0508.indd 1-2
Please read this Agreement carefully before using your Discovers 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 9 and our Privacy Policy for
additional information, The Arbitration of Disputes section on page 10
includes a waiver of a. member of rights, Including the r, ht to a jury trial,
The Right to Reject Arbitration section on p 1Z describes the procedure
you must follow if you desire to reject the iritration 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 Account ............................... 2
Purchases and Cash Advances in Foreign Currencies .............. 3
Cash Advances ....................:.. . .................... 3
Balance Transfers .................. • .... .. . ............... 3
Credit Authorizations ........... . ............................ 3
Authorized Users ............................................ 3
Unauthorized Use ........................................... 3
Your Credit Lines ............................................ 4
MAKING'PAYMENTS .................................. :........... 4
Promise to Pay .... .: .... ........................... 4
.............. 4
Monthly Billing Statement ... ....... .
Monthly Pa ent Options.... ............................ 4
Automatic fillingg Arrangements ............................... 4
How We Apply Payments..... ............................ 5
Minimum Monthly Payment .. ..:....................:.... 5
Skip-A-Pa ent Offers ........ ........... ..................... 5
yymm
Credit Balances .............................................. 5
FINANCE CHARGES ........:......................................5
How We Calculate Periodic Finance Charges ...................... 5
How We Calculate Your Balances .............................. 6
Two-Cyde Average Daily Balance Method ....................... 6
Variable or Fixed Interest Rates.............................. 6
Default Rates ............................................... 7
Cash Advance Transaction Fee Finance Charges .................. 7
Balance Transfer Transaction Fee Finance Charges ................ 7
Minimum Finance Charge ..... ............................ .. 8
FEES ........... :............................................ .. 8
Late Fee .................................................... 8
Overlimit fee ................................................ 8
Returned Payment Fee ............. . ......................... 8
Returned Discover Card Check Fee ............................. 8
Pay-By-Phone Fee ............................................. 8
Research Fee ....................................:........... 8
DEFAULT AND CANCELLATION ................................... 8
Tyyppes of Default.... ...: ............................ 8
Co uences of Default ..... .......................... 9
Cancellation ....... .... ::......................... 9
PRIVACY AND OUR COMMUNICATIONS WITH YOU ................... 9
Our Privacy Policy ... ....... ............................. 9
Reporting to Credit Reporting Agencies ........................ 9
Our Communications With You ............................... 9
Releasing Information About Your Account ..... :............... 9
Electronic Notices to You .................................... 10
-1-
I 08D000_05B0K-TL20A0508.indd 8-4.
Notices-Changes to Your Information ........................ 10
CLAIMS AND DISPUTES ...... ........... .. 10
Merchant Disputes ............................................10
Claim Notices .:: .........................................10
Arbitration of Disputes ..... ......•.........•......10
Right to Reject Arbitration ...........:........................12
LEGAL INTERPRETATION OF THIS AGREEMENT ....................... 12
Severability ...............12
Compliance with Interest Rate Limitations ............ :.......... 12
Governing Law ................................ .............12
ASSIGNMENT OF ACCOUNT ......................................13
CHANGES TO THIS AGREEMENT ................................... 13
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 Lards 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
Arbitratiion' of -Disputes section on page 10. You may, however, reject the
Arbitration of Disputes section as explained. on page 12: ,
Permitted Uses of Your Account. Your Account 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, racetradc 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 reservations
that are not cancelled prior to the time specified by the establishment. 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
.2-
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 We and cash advances made in a foreign currency to U.S. dollars. a use the
conversion rate used by Discover Network to process the transaction in
accordance' with Discover Network's procedures. Currently, Discover
Network uses a government-mandated rate, a government 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 converted at a
rate in effect on the date of the transaction.
Cash Advances. We may periodically offer you special rates on cash
advances for the time period spedfed 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 of the 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 mtal 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 ini ial speaal 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 expiraton 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 Lard, you must notify is and
destroy any Card in that person's possession, You can notify' us by
telep?hhoning 1-B00-DSCOVER (1-800-347-2683), or by writing Discover Card,
PO Box 30943, Salt Lake City UT 841X943. 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 yourAccount or a Card without your permission, not
us immediately. You can notify us by telephoning 1.800 DISCOVER
-3-
I 5-6
(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 andto 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 mayy
impose a lower line that will apply to cash advances, referred to is the caste
advance credit line. We 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, 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 bythhe 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 balance transfers including applicable finance Charges and
other charges or fees, incurred by you or anyone you authorize or permitto
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 pa ent or charge your Account our cost to
convertyour pa ent to U.S. ollars. 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
?ayments 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 duringg the billing period. It will show your New Balance, Payment
Due Date andUnimum 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 anytime 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 permitted by law.
Automatic Billing Arrangements. If your Account number and/or Card
-4-
th date changes and our records indicate you have automatic billing
ied with a merchant, we will attempt to provide your new Account
tion to that merchant. TO ensure uninterrupted billing, we
end thatyou verify the merchant has your new Account information.
t contact the merchant directly if you do not wish to continue the.
Jc billing arrangement
Apply Payments. We will apply payments and credits to the New
shown on your current billing statement in order of the Annual
ige Rate applicable to the balance of each transaction category (as
ed in the Finance Charges section), generally from lowest to highest
We then apply payments and credits to any new transactions using 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 ?ou exceed your
Account credit line. If more than 90% of your New Ba ance 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 maybe 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 automatical?refund credit balances-greaterthan $t that remain in
your Account after months.
FINANCE CHARGES
How We Calculate 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.
-5
I 08D000_05801_TL20A0508Jndd 7.8
i
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 transfersand then further sort the transactions within each group
by their Annual Percentage Rate. For example, purchases subject to a
promotional rate and purchases subject to a standard rate would be
separate grouppss We refer to these groups as transaction categories. At the
end of each billing period, we compute balances and Periodic Finance
Charges for each day of the billing period for each transaction' category. We
use the following equation to compute Periodic Finance Charges ffor each
transaction category
Average Daily Balance x days in billing period x Daily Periodic Rate:
(You may refer to the finance charge summary 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 trans-
action 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 compute the daisy balance for each transaction
category on each day byfirst-adding the following to the previous day's
daily balance. transactions made that day, fees charged that day and
Periodic Finance Charges accrued on the previous day's daily balance; and
by then subtracting any credits and payments that areg?lied against the
balance of the transaction category on that day. In calculating'tl? dail
balance for the previous billing period, we consider the "previous days
daily balance' to have been zero on the fins day of the billing period. 1f 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 to the standard purchase
transaction category with the exception of Cash Advance Transaction Fee
Finance Charges which are added to the applicable cash advance
transaction category and Balance Transfer Transaction Fee Finance Charges
which are added to the applicable balance transfer transaction category.
When the special rate expire; 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 Ratet 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 rate would have expired.
Two-Cycle Average Daily Balance Method. We use the two-cycle average
daily balance (including new transactions) method of calculating the
balance upon which we impose Periodic Finance Charges. This means ifyou
did notpay the New Balance shown on the billing statement you received
during previous billing period by the Payment Due Date shown on that
statement, we will impose Periodic Finance Charges on new purchases that
first appeared on that billing statement; as well as new purchases that first
appear on the current billing statement, unless we already imposed Periodic
Finance Charges on the purchases on your previous billing statement
Variable or fixed Interest Rates. The Daily Periodic Rate and corresponding
-6-
Annual Percentage Rate that apply to each transaction category are either
fixed rates or variable rates as set forth in your Pricing Schedule or in any
soecial offers you receive from us. The Dailv Periodic Rate is 1365th of the
ling a specified number of percentage 1
wn on the Pricing Schedule as 'Prime +
of this Agreement, the Prime Rate is the
Street Journal on the last business day of the month. The Prime Rate is
merely a pricing index and does not represent the lowest or best interest
rate 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 twelvemonth
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 will apply beginning with the first
day of the billing period in which (i) we did not receive at least the
Minimum Payment Due bythe Payment Due Date or (h) 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 ppurchase balance maybe reduced. Any reduced Annual Percentage
Rates lnnll apply beginning with the first day 6f 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
maximum. The imposition of Cash Advance Transaction Fee Finance Chargges
may result in an Annual Percentage Rate for cash advances that is higher
than the nominal Annual Percentage Rate. AII 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 Transaction 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
-7-
I TL20A0508.indd 9.10
with the offer you received when you i
the amount set forth in the Pricing Sc
Transfer Transaction Fee Finance Charge!
Rate for balance transfers that is f
Percentagge Rate. To obtain the total Fi
for each billinperiod, weaddany Bam
Charges Gaku lated under the Periodic
balance transfer transaction category at
Minimum finance Charge. We will c
CHARGE of 550 for any billing pperiod ii
less than $.50 would otherwise be impo
FEES
Late Fee. We will charge you a Late Fee i•
Due Date, to make the Minimum Paymei
for that billing period. The amount of t
all outstanding purchases, cash advance
other fees and Finance Charges at the c
we did not receive timely payment If th
if it is greater than $250, the fee is,$39.
Overlimit Fee. We will charge you an Ovi
close of a,billing period, your outstand
Account credit line. This fee maybe cha
causes you to exceed your Account cred
exceed your Account credit line due to
fees to your Account The amount of thE
of all outstanding purchases, cash ac
charges, other fees and Finance Charges
sum
an Account, it will be in
e imposition of Balance
in an Annual Percentage
i the nominal Annual
e on balance transfers
. Transaction Fee Finance
harges section for each
hese amount
a minimum FINANCE
ne FINANCE CHARGE of
or less, the fee is $19;
sch time that, as of the
balance exceeds your
the transaction which
iorized by us or if you
of Finance Charges or
ee is based on the sum
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. We will 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 all or a part of an amount you owe us under this
Agreementis 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 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 sa les 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
bankru petition or have one filed against you; if we have a reasonable
belief at you are unable of 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
-8-
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 if you are in default, we may declare the entire
balance ofyourAccount immediately due and payable without notice. If we
refer the collection of your Account to an attomey or employ an attorney
to represent us with regard to recovery of money that you owe us, we may
our
you owe us according to the 1
joint Account, either Cardmei
both remain responsible to p
terms of this Agreement We'
time without notice. We may.
the expiration date shown on
return any Card or unused the
PRIVACY AND OUI
Our Privacy Policy.`"We,ma1
employment and income recc
about you and your Account
personal information we colle
we safeguard the confidential
you may take to limit our she
read it carefully as it is part of
Reporting to Credit Reom'ng
we may report to. credttrepor
and payment history of your-Ac
Late payments, missed paymer
reflected in your credit report
agencies each month. If you bi
is inaccurate or incomplete,
Discover Card, PO Box 15316,
your name, address, home teie
Our Communications with Yc
telephone calls between you
notice to you as permitted by 1
not limited to mail, live teleph
prerecorded telephone calls, e•
to contact you about your Ac(
may be of value to you, if you 1
these ways, telephone us at 1:8
at Discover Card, PO Box 15354
court or other collection costs as
by us, including fees and costs in
y enforcing or not enforce any of
us
cover Card, PO Box 30943, Salt Lake City,
11 still be responsible to pay any amount
s of this Agreement If your Account is a
r may cancel the Account, but you will
ny amount owed to us according to the
r cancel or suspend your Account at any
ose not to renew your Account (beyond
face of a Card) without notice. You must
to us upon request' .
IMMUNICATIONS WITH YOU
xn time to time review your credit,
We respect the privacy of information
Privacy Polley includes a summary of the
vhen it may, be shared Wthothers, how
nd security of informatim'' and the steps
of such information W6 others. Please
r Cardmember Agreement
indes. As indicated in our Privacy Policy,
agencies and other creditors the status
nt including negative credit information.
r other defaults on your Account may be
normally report to such credit reporting
e that our report of your Account status
se write us at the following address:
An'gton, DE 19850.5316. Please include
ne number and Account number.
)ur personnel may listen, to or record
our representatives without additional
We may use any medium, including but
calls, automated telephone equipment
I and may make calk to your cell phone
t or offer you products or services that
er not to be contacted in one or more of
11SCOVER (1-B00-347-2683) or write to us
such information to you, any Authorizec
authorized buyer on your Account ant
ermksion, in addition to as provided in
re Our security measures cannot inst.
You agree that we will not be responsib
anyone who, even if without your auth
-9-
ban
cy Policy or as required by
st unauthorized inquiries:
release of information to
or permission, has gained
08D000_05B0i TI20A0508Andd 11.12
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 e-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 Car PO Box 30943, 0SaltlLake City LIT 84130-0943. If yourtAccouDisco nt is a Joint
Account, any notice we mail to an address you have provided for the
Account will serve as notice to both Cardmembers.
CLAIMS AND DISPUTES
Merchant Disputes. We are not responsible for the refusal of anyone to
accept or honor a Card or to accept chedcs 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 for 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 appli-
cation, the relationships which result from your Account or the enforce-
ability of the Agreement or any prioragreement before initiating oining
or participating in any judicial or arbitration proceeding, as e' er an
individual litigant or member of a class ("Proceeding"), the complaining
party shall give the other pparty,: (1) a written notice of the claim ("Claim
Notice"), at least 15 days before'initiating any. Proceeding, explaining in
reasonable detail the nature of the daim.and any suppporting facts; 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 UQ, 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") onto 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 had with us, your application,
the relationships which result from your Account or the enforceability or
agreement, you or we may elect to resolve the claim or dispute by t
arbitration. IF EITHER YOU OR WE ELECTARBTIRATION, NEITHER YO
WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT
HAVE A JURY TRIAL ON THAT CLAIM. PRE-HEARING DISCOVERY F
AND POST HEARING APPEAL RIGHTS WILL BE LIMITED:. NEITHER YOi
WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITR
BY OR AGAINST OTHER CARDMEMBERS WITH RESPECT TO (
ACCOUNTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS
-10-
REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY ("Gass Action Waiver").
Notwithstanding anything else to the 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 mayelect arbitration with respectto 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 brinq 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 Law 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, ado (phone 1-800-778-7879) or NAF at
PO Box 50191, Minneapolis, MN 5 (phone 1.800474-2371). No other
arbitration forum will be permitted, except as agreed to pursuant to either
the Changes to this Agreement section or a writing signed d both parties.
Unless consented to by all parties, no arbitration may be administered by
any administrator that has any formal or informal polity, rule or procedure
that is inconsistent with or purports to override the terms of this section. If
we elect to resolve a claim or disputeby 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 Dedsions. 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 for the award. The arbitrator's decision will be final
and binding 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 within 30 days to a three-arbitrator panel, whl shall review the
award de novo. Unless applicable law provides otherwise, the appealing
party will pay the cost of the appeal, regardless of its outcome. However,
-11-
I 08D000_05B0K_TL20A0508.indd 13-14
we will consider in good faith any reasonable request for us to bear the fees
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 Benefidades 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 LLQ, 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 obliggations 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 Auount
Survival of this Provision. This arbitration provision shall survive termination
of your Account as well as voluntarypayment 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 84130.093& 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,
tthan 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 maximum lawful amount, the finance
Charges and other charges will be reduced to the maximum lawful amount
Any excess amount that you have already aid 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.
-12_
ASSIGNMENT OF ACCOUNT
We may sell; assign or transfer your Account or any portion thereof without
notice to you. You may notsell, assign ortransfer your Account without first
obtaining our prior written consent
CHANGES TO THIS AGREEMENT.
We may change any term or pan: 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 wrriitidrig within 15 days after the mailing of the
notice of change at the address provided in the notice of change, in, which
case your Account will be dosed and you must pay us the balance that you.
owe us under the existing terms of the unchanged 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 benefitt
PRIVACY POLICY
e required by federal jaw to provide you with a copy of our Privacy
each y""ear, If you have previously notified us about your privacy
enm as deshribed in Section 4, it is not necessary to do so again
We Respect Your Privacy
Our mission is to provide ycq 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 guard-
ing 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 and security of information;
and
• The steps you may take to Omit our sharing of such information. with
others. See Section 4 for complete details;
Please read our Privacy Polity carefully. It will help you understand how we
collect and share information.
1. What Personal Information Do We Collect7
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
-13-
08D000_05B0K_T_20A0508Jndd 15-16
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
e-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 Discovers Card may come to us with a
special offer for CardmembeM 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 tie interested in the
offer based on certain, characteristics. We will send the offer directly to
those Cardmembers on behalf of the retailer by, for exam le, 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 adjantage of it, the retailer may thhen.)earn information about you
because only Cardmembers with certain characteristics received the offer.
There are, however, circumstances in which we mayshare 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 seance 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 manage your finances. In order to provide you with access to these
producti 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 parde including those that accept the Discover
Card, in order to provide you w 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=
c. Sharing Personal Information with Others
We may share the information we collect about you, as described in Section
with companies that perform support or marketing services on our
behalf, such as mailing, market research and data processing; other
-14-
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 by
law.
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 to our disciplinary process. Where third parties provide support
serv ices, 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 we collect about you, 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 seances 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 1-800225.5202 or write to us
at Discover Card, PO Box 3D961, Salt Lake City, UT 84130-0961, If you have
previously notified us about yyoour privacy preferences, ills not necessary to
do so again unless you de to change your preferences. Your written
request should include your name, address, telephone number and Account
number(s) and should not be sent with any other correspondence. In order
to process your request, we require that the request be'provided by you
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 or example,
federal law permits us to share information about you with consumer
reporting agencies, service providers and financial institutions with which
we have joint marketing agreements. If you are a new Cardmember, we wi ll
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 Privaccyy 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 supersedes all previously issued Privacy
15-
I 17-18
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,
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 understate 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 ou 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 institutionsto'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 14100-DISCOVER (1-800 341-1683) and authorize us to do so.
California Residents - Your state law requires financial institutionsto obtain
your consent prior to sharing information about you wfdr non-affiliated
third part ies. Except as permitted by law, we will not share information we
collect about you with non-affiliated third parties while you are a resident
of California:
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 Biii
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 1s wrong. To stop the payment, your letter must reach us three
business days before the automatic payment hs scheduled to occur.
Z 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
-16-
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
anyy 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 an, missed payments on the questioned amount In either case,
we will seou 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 thatyou 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 cant 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 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 witha balance transfer check, cash advance orpromotional purchase
check. Therefore, if ou have a problem with the quality of goods orservices
that you Purchasedywith a balance transfer check, promotional purchase
check, cash advance check or the proceeds of a cash advance, you do not
,have the fight to withhold payment of the amount due
DESCRIPTION OF COVERAGE
SCHEDULED AIR TRAVEL ACCIDENT INSURANCE
Discovers 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, eentering, 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 fora fee and while traveling directly
to or from the airport immediately preceding the departure of a Scheduled
Aircrafton which the Insured Person has purchased passage and immediately
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08D000_05801<_TL20A0508.indd 19-20
V , `. .
i I
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 (5500,000) is payable for Accidental
Loss of Life. The Loss must occur within one year of the Accident
MAXIMUM LIMB 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 limit of
insurance will be divided proportionally 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 Companys liability
for alsuch Losses will be limited to a maximum limit of insurance equal to
two I!, mes the applicable Benefit Amount for Loss of Life. Benefits will be
proportionately divided among the Insured Persons up to the maximum
DEFINITIONS:
Accident or Accidental means a sudden, unforeseen and unexpected event
happening by chance, and includes unavoidable exposure to elements
arising from a covered Hazard.
Accidental Bo&.1nju ies) means bodily injury which its 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
Ca? means the Discover Card.
Cardmember means the holder of the Card whose name appears on the
credit card.
Comoanv means the Federal Insurance Company.
Covered Trio 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
Child or Children means those children, including adopted
chi dren and those children placed for adoption, who are primarily
dependent upon theinsured Person for maintenance and support and whare: (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 priorto the date of enrollment; (4) is not legally married or separated;
and ( as of the date of enrollment, has with the Insured Person at least
two 0 the folloving 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.
-18-
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 o? the Account
Loss means the Loss of Life.
Lossof Ufe means death, including clinical death determined by the local
governing medical authorities:
Policyholder means DES Services LLC, the entity responsible for the payment
of premium.
Scheduled Aircraft means an aircraft owned and/or operated by a
Scheduled Airline.
Scheduled Aldine means an airline which is either of United States registry
and certified by the United States government to carry passen ers on a
regularlyscheduled basis or of foreign register and approved by ge United
States government and the appropriate foreign authority.
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 eligible
Cardmember. Your insurance coverage 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 benefidary
designated b you.1 no such designation has been made, that benefit will
be paid to the first surviving beneficiaryry in the following order. a) your
spouse; b) your children; c) your parents )your brothers and sisters, e) your
estate. All other indemnities willbe paid to you. If you Wsh to change your
beneficiary, you may request a beneficiary designation form by writi ng to
the plan administrator at The Direct Marketing Groupp Inc., 132265 Bedford
Avenue, Omaha, NE 68164 or of BeneficiaryrequestOr a 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 alraaft
. 19-
I 21-22
•f•, A.,
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
oilot or crew member (this exclusion does not apply to passengers who
temporarily perform pilot or crewfunctions in a life threatening emergency);,
3) emotional trauma, mental or physical illness, disease, pregnancy,
:hildbirth or miscarriage, bacterial or viral infection, or bodily malfunctions
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 should send the Company a written description
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 ggiven 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 dayyss after complete proof of loss is
received and if you, the Policyholder andlor the beneficiary have complied
with all the terns of the policy.
ARBITRATION: In the event of a dispute under this policy, either the Com-
pany or the Insured Person may make a written demand for arbitration. In
that case, the Company and the Insured Person will each select an arbitra-
tor. 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 Persons principal
residence.
IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CLAIMS
SERVICE CENTER AT 1-800-CLAIMS-0 (1.80252--46670).
You can also go to the Company Website fvvmtir.chubb.coml, click
on Report a Loss, select Accident; Benefits and Life claims, select the
approppriate 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 80)(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
-20-
insurance while in effect Complete policy provisions are contained in the
Master Policy, which can be obtained from the Policyholder.
Policy it 9906-18-06
Policy Underwritten By Plan Administrator
Federal Insurance Company The Direct Marketing Group, Inc.
a member insurer of the 13265 Bedford Avenue
Chubb Group of Insurance Companies Omaha, NE 68164.
15 Mountain View Road, PO Box 1615
Warren, N) 07061.1651
DESCRIPTION OF COVERAGE
SECONDARY RENTAL CAR COLLISION COVERAGE
Discovers Cardmembers can benefit from the security and safety offered
through Excess Collision Damaga Waiver. If you rent a vehicle for 31
consecutive days or less (or 45 da under certain circumstances described
below) with your Card (as defined ?below), you mayy be eligible for benefits
under this coverage, Excess Collision Damage Waiver is an insurance
program, underwritten by Federal Insurance Company Policy #9906-17-63
(the "Policy").
DEFINITIONS:
Account means a Card account
Actual Cash Value means the cost to repair, or replace the Rented
Automobile at the time of loss, less depreciation.
Cardmern (?g( means the holder.of the Card whose name appears on the
credit card.
Card means the Discover Card.
Colllston Damaae 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 ob'ects, fr6, theft
or larceny, explosion, earthquake, windstorm, hail, water, mood, malicious
mischief or vandalism, riot or civil commotion.
Company means the Federal Insurance Company.
Insured means Cardmembers and authorized users of the Account
Polkyhqldx means DFS Services LLC, the entity responsible for the payment
means a commercial automobile rental company licensed
under the laves of the applicable jurisdiction;
Renthd Automobile means a four-wheeled. private passenger type motor
vehicle ora 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.
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I 080=0_05BOK_TL WA0508.indd 23-24
I I I. "1 .0.
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 liability will be for a
maximum reimbursement of $25,000. In no event will the Company be
liable beyond the amounts 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 int:ry or personal liability. It does not cover you for any
damages to other veicles 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; recreational
vehides, 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 15 NOT COVERED:
Coveragge does not apply to loss resulting from the following:
• Any d'ahonest, fraudulent or criminal act of the insured.
• Forgery by the Insured.
• toss 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 foss.
• 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.
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.
FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS;
To the extent that this plan provides insurance against damage to a rented
motor vehicle, the following terms and conditions a ply. (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 othervalid and collectible insurance cover-
ing the Rented Automobile. However, the insurance provided under this
plan may berrimary if specifically provided for under the terms of this plan
and if the fo lowing 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- 1400-CLAIMS-0 (1400.252.4670).
You can also go to the Company Website 6m6kd1L6h;&, dick 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. 1-800300-2538
CLAIM PROCEDURE:
The Insured must send the Company written notice of a claim, including the
Insureds 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 swom 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
• Agcopy 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 statement to
-23-
08D000_0580K_TL20A0508Jndd 25-26
,y x
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 in this Summary of Coverage and any provision
in the policy differ, the policy will govern.
Policy Underwritten By Plan Administrator
Federal Insurance Company ("Company") The Direct Marketing Group, Inc.
a member oft he 13265 Bedford Avenue
Chubb Group of Insurance Companies Omaha, NE 68164
15 Mountain Jew Road, P0, Box 1615
Warren, New Jersey 07061-1651
Master Poll cy 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 Poliicyholder,. you will be notified as soon as is practicable,
Insurance benefit 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 and conditions of coverage.
Benefits to you: These benefits aDDly only to Cardmembers whose cards are
United States, the District of Columbia, American Sa moa, Puerto Rico, Guan
and the U.S. Virgin Islands. No person or entity other than the Cardmembe
shall have anyy legal or equitable right, remedy, or claim for insurance
proceeds and/or damages under or arising out of this coverage. Thes(
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 Accouht 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 priorwritten 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 or the subject thereof or the 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 or its subscribing organization(s) has concealed 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, ffalse 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, wil submit, and within its power cause others to submit, to
-24-
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 fora loss, itwill require the insured to assign and transfer any claim
or rightof action agga??inst 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 Comppaany to the
Insured, the Insured agrees to direct enforcement of surJt 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 arbitrators
will select a third. if they cannot agree within 15 days, either the Company
or the Insured may 'request that the choice of arbitrator be submitted to the
American. Arbitration Association. The arbitration will beheld in the state
of the Insured's principal residence..
GLOBAL TRAVELER'S HOTLINE TERMS AND CONDITIONS
The Global Travelers Hotline provides Cardmembers and their families a
wide range of free travel assistance benefits. It is operated by AXA
Assistance USA, Inc Visit Discovercard.con*avel to learn more.
Eligibility: You must be a Cardmember whose Account is in good standing,
the Cardmember's spouse or dependent child traveling with the
Cardmember or an Authorized User of an Account in good standing.
Third-Party Charges. Global Travelers Hotline is not insurance, so you will
be responsible for third-party fees and expenses for services requested;
such as professional or medical fees.
Availability of Services. Certain services ma not be available in all areas.
Call us at 1-800-DISCOVER (1-80q-347-2663?for assistance or if you have
questions about a specific destination. Outside the U.S., call is s collect at
1-801-902-3100. While AXAAssistance will make every reasonable effortto
provide the services; neither AXA Assistance nor Discover Bank or our
respective affiliates will be liable if a service is not provided or for any
services that are provided by third parties. The services and these terms and
conditions are subject to change without notice.
-25-
08D000_05B0K_TL20A050BAndd 27.28
EXHIBIT "C"
!slew Balance
DISCOVER $7
590
21 " Minimum Payment Due Account Number ending in 6554
$7
590
21
,
.
Y
CARD ,
. Enter Amount Enclosed
r^-w
' Payment Due Data $ F-'
November 10, 2009 Please make check payable to Discover Card.
Minimumrrent due includes a past due
amount of $1,528.00.
15 SDSMA01 0003075
RACH I D HATNI
543 BRIDGE ST Will yyour payment get to us on time? Pay
yourbillonline and
b
APT C
NEW CUMBERLND PA 17070-1988 your payment can
e
made to your pccount on the same day. Visit
Discover.cor6/payments today.
Addnsss, e-mail or telephone changes' Print change in space
abovo, or go to Discover.com. Print your e-mail address to
receive important Account information and special offers.
PO BOX 6103 11111111nrsrfill Ill1111111
CAROL STREAM IL 60197-6103
IdL?II,???n[Ill Ill If off I Ill uIIIf Ill u1111 IllIIIIIIll11111
000001986451014891429075902100000000759021
Discover More Card Account Summary
Closing Date: October 15, 2009 page 1 of 1
ACCOL nt number ending in 6554 Previous Balance 590
$7
21
Payment Due Date November 10, 2009 Payments And Credits ,
.
0
00
Minimum Payment Due $7,590.21 Purchases .
Credit Limit $6,000.00
Cash Advances + 0.00
+ 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 .
$7,590.21
Cashback Bonuse Opening Cashback Bonus Balance $ 0
00
.
New Cashback Bonus This Period + 0 00
-Ceshbcxk-Bonus®Anniversory --------------------- Cashback Bonus Balance $ 0.00
-----
Date:
October 15 ' --------------
-
r
Homer Can We Hel You?
p I • Visit Discover.com to pay your bill for no cost, view your
It's your choice - 3 ways to help latest Account information, earn and redeem rewards and more
2. Call 1-800-DISCOVER (347-2683) for fast, eosy self-service
Please ha" 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 w
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 clos
f
billi
Account balance exceeds your Account credit limit. See the ,
e o
a
ng period, your outstanding
Overlimit Fee section of the Cardmember Agreement for details.
Finance Charge Summary
Average
Dail
Daily
P
i
di Nominal
ANNUAL
PERCE
ANNUAL
Periodic Transaction
Fee
y
Balance er
o
c
Rates NTAGE
RATES PERCENTAGE
RATES FINANCE FINANCE
current billing period: 15 days _ CHARGES CHARGES
Purchases $0
Cash Advances $0 0.08216%
0 29.99% F 29.99% $0 $0
Balance "ransfers $0 .08216%
0.08216% 29.99% F
29.99% F 29.99%
29
99% $0
$0 $0
The rates that apply to your Account are either fixed (f) or th .
ey may vary (V) as noted above. $0
s
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(dafe of service, -pq3~---~-r X919 Cl by personaE service ~ by (certi#ied) tregisteredl ma?, sender"s
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mail: sender's recei-,7t attached hereto.
SLNORN (AFFIRMED} AND SUBSCRIBED BEFORE ME ,- -u: ~ ~;~
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March 1, 2010
Hon. Charles A. Clement, Jr.
District Court 09-1-01
400 Bridge Street
Olde Towne Commons - Suite 3
New Cumberland, PA 17070
Mr. Rachid Hatni
543 Bridge Street
Apartment C
New Cumberland, PA 17070
Re: Discover Bank vs. Rachid Hatni
District Court 09-1-01
No. CV-596-09
Court of Common Pleas
Cumberland County
No. 10-1391 Civil Term
Dear Judge Clement:
On behalf of the plaintiff, Discover Bank, enclosed please find a
true and correct copy of a Notice of Appeal, the original of
which was filed with the Court of Common Pleas of Cumberland
County on February 25, 2010 in regard to the above matter.
Please be guided accordingly.
Very truly yours,
EDWARD STOCK
ES:kd
Enclosure
CERTIFIED MAIL, RRR
THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT
TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE.
March 1, 2010
Hon. Charles A. Clement, Jr.
District Court 09-1-01
400 Bridge Street
Olde Towne Commons - Suite 3
New Cumberland, PA 17070
Mr. Rachid Hatni
543 Bridge Street
Apartment C
New Cumberland, PA 17070
Re: Discover Bank vs. Rachid Hatni
District Court 09-1-O1
No. CV-596-09
Court of Common Pleas
Cumberland County
No. 10-1391 Civil Term
Dear Mr. Hatni:
On behalf of the plaintiff, Discover Bank, enclosed please find a
true and correct copy of a Notice of Appeal, the original of
which was filed with the Court of Common Pleas of Cumberland
County on February 25, 2010 in regard to the above matter.
Please be guided accordingly.
Very truly yours,
EDWARD STOCK
ES:kd
Enclosure
CERTIFIED MAIL, RRR
THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT
TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE.
STOCK & GRIMES, LLP
BY: Edward Stock, Esquire
I.D.#13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK
12 Reads Way
New Castle, DE 19720
Plaintiff
vs.
RACHID HATNI
543 Bridge Street
Apartment C
New Cumberland, PA 17070
Defendant (s )
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 10-1391 Civil Term ,,,,,,
0
a
i ~ f7l
.*
ss .~~z
Z
,~-
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter Judgment by Default in favor of the
Plaintiff, Discover Bank, and against the Defendant(s),
Rachid Hatni, for failure to Answer the Civil Action
Complaint. Assess Plaintiff's damages in the sum of $
$7,590.21 in accordance with the prayer of the
Complaint.
DATE: O
IMF .00 P D 1`JTty
c~.* ~a ~a
~# a~oc~c~o
(~xi{~eR, Awe(
AFFIDAVIT OF NON MILITARY SERVICE
Edward Stock, Esquire, being duly sworn according to law, deposes and says:
(a) That the Defendant(s) is/are not in the Military or Naval Service of the United States
or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of
Congress of 1940 as amended;
(b) That Defendant, Rachid Hatni, is an adult individual and resides at 543 Bridge
Street, Apartment C, New Cumberland, PA 17070.
(c) That Defendant, , is an adult individual and resides at
Affiant has ascertained the foregoing information by personal investigation and makes this
Affidavit in due authority; and he understands that the statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn falsification to authorities.
DISCOVER BANK
Plaintiff
vs.
RACHID HATNI
Defendant (s )
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 10-1391 Civil Term
CERTIFICATION UNDER PA. R.C.P. 237.1
EDWARD STOCK, ESQUIRE, Attorney for Plaintiff,
Discover Bank, certifies that he sent a copy of the
attached Notice on March 25, 2010 by regular mail, to
the Defendant(s) at the address at which the
Defendant(s) was/were served with a copy of the
Complaint by First Class Mail as indicated by the
Certificate of Service filed with t
DATE:
EDWARD STOC ,
DISCOVER BANK
Plaintiff
vs.
RACI-I1D HATNI
Defendant(s)
TO: Rachid Hatni
543 Bridge Street
Apartment C
New Cumberland, PA 17070
Date: March 25, 2010
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 10-1391 Civil Term
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINS"f
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
:1 JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELO~~'.
TH[S OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAW~'ER.
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 EZEDUCED FEE OR NO FEE.
LAWYER REFERENCE SERVICES
COURT ADMINISTRATOR-CUMBERLAND COUNTY COURTHOUSE
4'" FLOOR, ONE COURTHOUSE SQUARE
CARLISLE, PA ] 7013
(717) 240-6200
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EDWARD STOCK, ESQUIRE
Attorney for Plaintiff
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
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STOCK & GRIMES, LLP
BY: Edward Stock, Esquire
I.D.#13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK
12 Reads Way
New Castle, DE 19720
Plaintiff
vs.
RACHID HATNI
543 Bridge Street
Apartment C
New Cumberland, PA 17070
Defendant (s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW ~ ~
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No. 10-1391 Civil. m
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CERTIFICATION OF SERVICE
Edward Stock, Esquire, Attorney for the Plaintiff herein,
certifies that on March 2, 2010 he mailed to the Defendant,
Rachid Hatni, a true and correct copy of the Civil Action
Complaint filed herein, as per the attached letter, by posting
the same with the United States Post Office, First Class Mail,
postage prepaid, to the Defendant at the address designated in
the attached Exhibit.
DATE : ~~ o - ~ (~~
EDWARD STOC ,
March 2, 2010
Mr. Rachid Hatni
543 Bridge Street
Apartment C
New Cumberland, PA 17070
Re: Discover Bank vs. Rachid Hatni
CCP Cumberland County
No. 10-1391 Civil Term
Dear Mr. Hatni:
Enclosed please find a true and correct copy of a Civ;.l. Act;~cr.
Cornp~aint, the original of which was filed in regard to t}.is ca:e
with the court on February 25, 2010.
Please be guided accordingly.
Very truly yours,
EDWARD STOCK
Es:kd
Enclosure
THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT
TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE.