HomeMy WebLinkAbout10-2327Stock & Grimes, LLP
BY= Edward Stock, Esquire
I.D.# 13657
804 West Avenue
s Jenkintown, PA 19046 !
(215) 576-1900 j
i ,
DISCOVER BANK
12 Reads Way
New Castle, DE 19720
-vs- Plaintiff
KELLY GITT
1604 Holly Pike
Carlisle, PA 17105-7512
Defendant
h
r
Attorney for Plaintiff
?LED- Ct rVL fy?j /
i
2010 PR -7 2,
Z: ly
r C#r`M«Y
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 10 - 01321 l/IV k I -F?im
CIVIL ACTION COMPLAINT
YOU HAVE BEEN SUED IN COURT. IF YOU WISH. TO DEFEND
AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST
TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND
NOTICE. ARE. SERVED, BY ENTERING A WRITTEN APPEARANCE
PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE
MAY PROCEED WITHOUT YOU AND. A JUDGMENT MAY BE ENTERED
AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR. ANY
MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR
RELIEF REQUESTED BY THE PLAIN'T'IFF. 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
a
4Qa.oo pp Aryl
W 14108
P.? a4a?a9
1
h
STOCK & GRIMES, LLP
BY : : EDWARD STOCK,, ESQUIRE
I.D. #13657
804 West Avenue
Jenkintown, PA 190'46
(215) 576-1900
DISCOVER BANK
12 Reads Way
New Castle, DE 19720
Plaintiff
VS.
KELLY GITT
1604 Holly Pike
Carlisle, PA 17105-7512
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
No.
CIVIL ACTION COMPLAINT
r
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 t-he 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, Kelly Gitt, 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 a Cardmember Agreement
(extension of credit agreement), which agreement contains the
terms and conditions governing the use of the credit card between
the parties hereto. Plaintiff attaches hereto as Exhibit "B" a
true and correct copy of the said Cardmember Agreement.
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 they
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 Defendants last payment in regard to their obligation
was pr6cessed on March 26, 2009, a result thereof, the
Defendant is in breach of their 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 $8,256.36; 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 inturred 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, KellyfGitt, in the sum of
$8,256.36, 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 $8,256.36 to Plaintiff's
detriment.
WHEREFORE, Plaintiff, Discover Bank, demands
Judgment against the Defendant, Kelly Gitt, in the sum of
$8,256.36, plus reasonable attorney fees, costs and pre-judgment
interest in accordance with law.
DATE :
EDWARIJ ST
r
i
• I
a
a
a
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 P.A.C.S.A. § 4904, relating to unworn falsification to
authorities. i
l
h
Exhbit "A"
r'
r
ATTORNEY:
ACCOUNT NUMBER:
BALANCE:
CARDMEMBER (S):
STATE OF OHIO
COUNTY OF FRANKLIN
STOCK
60110,02266425990
$8,256.36
KELLY A GIFT
Robin Jones, personally appeared before me, this day and after being duly sworn, according to
law, upon his/her oath and says:
I am a Legal Placement Account Manager for DFS SERVICES LLC., the servicing agent of
DISCOVER BANK, an FDIC insured Delaware State Bank.
THAT this affidavit is made on the basis of my personal knowledge and in support of Plaintiff's
suit on account against the Debtor(s)
THAT, in my capacity as Legal Placement Account Manager, I have control over and access to
records regarding the Discover Card Account of the above referenced Debtor(s), further, that I
have personally inspected said Account and statements regarding the balance due on said account.
DFS SERVICES LLC. maintains these records in the ordinary course of business.
THAT the annexed statement of account is a true and correct statement of what is now due and
owing Discover Bank on the account, and exhibit A is a copy of the Cardmember Agreement
between Discover, Bank and the above referenced Debtor(s). The Cardmember Agreement
governs the terms and conditions of the relationship between Discover Bank and the Debtor(s) in
connection with the account.
Based on my review of the account records, to the best of my knowledge and belief the above
referenced Debtor(s) is not engaged in the military service of the United States and is a resident
of the State and of the Country in which this action has been filed.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge.
V Affiant
Sworn and Subscribed before me,
This day of Monday, December 14, 2009.
NOT Y
'?? RONDADINI9NS
NMY Pubs, Sf?e d ONo
Mycmuissm Evk" M=1
I
r
T
h
Exhibit "B"
YOUR DISCOVER CARD ACCOUNT
CAROMEMBER AGREEMENT ............................Pages 1-13
The terms and corlditions of your Account, including how We calculate finance charges, our fees and an Arbitration of Disputes section. You have the
fight t9 reject the arbitration provision with respect to your new Account within 30 days after receiving your Card, as explained in the 'Right to Reject
4rbitration° sectior at page 12.
4CY ry of the p....erso.:..nal inf inf....ort-namatiI ....on ...... we .. collect, Pages whe13-16
? summama of the and how we e safeguard the confidentiality and security of
n en it It may be shared with h others
nformation. You may limit our sharing of such information with others explained section 4 the Privacy Policy page 15.
NG RIGHTS ................................................ Pages 16-17
mportant information about your rights and our responsibilities under the Fair Credit Billing Act
:RIPTION OF COVERAGE ............... .... Pages 18-25
The terms and conditions of the Scheduled Air Travel Accident Insurance and the Secondary Rental Car Collision Coverage that is provided at no.
:harge to you when you use your Card to purchase airline tickets or rent an automobile.
IAL TRAVELER'S HOTLINE ............................. Page 25
the terms and conditions of this free travel assistance benefit.
Discover Bank, Member FDIC TL21A.0509
CAR MEMBER AGREEMENT
Pleas read this Agreement carefully before using your Discover' Card Account It contains the terms and conditions of your Account, some of which may have changed from earlier
mated Is 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
inform 'on. The Arbitration of Disputes section on page 11 includes a waiver of a number of rights, including the right to a jury trial. The Right to Reject Arbitration section on page 12
descrithe procedure you must follow if you desire to reject the Arbitration of Disputes section. ,
DEFIN TIONS 2
USING YOUR AbCOUNT 2
Y rAcceptance of this Agreement .......................................................... 2
P itied Uses of Your Account ................................................................ 2
Prohibited Uses of Your Account ................................................................ 3
P theses and Cash Advances in Foreign Cnmendes .............................. 3
C, sh Advances .............................................................................................3
once Transfers ....................................................................................... 3
.......
C Authorizations ............ . ............................................ 3
r¢ed Users ........................................................................................ 3
Unauthorized Use ....................................................................................... 3
Y rCredrtLines ........................................................................................ 4
MAKIN PAYMENTS ....................................................................................... 4
Promise to Pay ....................1...................................................................... 4
Monthly Billing Statement ........................................................................... 4
M y Payment Options .......................................................................... 4
Au ornalic; Billing Arrangements .................................................................. 5
Ho v We Apply Payments ............................................................................. 5
Mi imurn Monthly Payment ........................................................................ 5
Ski >A-Payment Offers ............................................................................... 5
C Balances .......................................................................................... 5
FINANCE CHARGES .......................................................................................... 5
Ho N We Calculate Periodic Finance Charges ............................................. 5
Ho N We Calculate Your Balances .............................................................. 6
V 'able or Red Interest Rates ................................................................. 7
D ftRate ..................................................... ............................... 7
Ca;h Advance Transaction Fee Finance Charges ..................................... 7
Ba oe Transfer Transaction Fee Finance Charges ................................. 8
Fo ign Currency Transaction Fee Finance Charges .................................. 8
Mir imum Finance Charge .......................................................................... 8
FEES ................................................................................................................. 8
8
An ual Fee ........................... :.......................................................................
L Fee ...................................................................................................... 8
0 dimit Fee ................................................................................................. 8
turned Payment Fee .............................................................................. 0
turned Discover Card Check Fee ........................................................... 9
y-By-Phone Fee ....................................................................................... 9
search Fee ............................................................................................. 9
LT AND CANCELLATION ........................................... ........................ : 9
)es of Default .......................................................................................:... 9
nsequences of Default ........................................................................... 9
reellation .................................................................................................. 9
,Y AND OUR COMMUNICATIONS WITH YOU ..................................... 9
r Privacy Policy ......................................................................................... 9
porting to Credit Reporting Agencies :.................................................... 9
r Communications with You ................................................................. 10
ceasing Information About Your Account .............................................. 10
ctronic Notices to You .......................................................................... 10
ices- Changes to Your Information .................................................... 10
'AND DISPUTES .................................................................................10
rchant Disputes ......................................................................................10
im Notices .....................................................................:........................10
itration of Disputes .......................................................................:.........11
ht to Reject Arbitration ...........................................................................12
INTERPRETATION OF THIS AGREEMENT .......................................13
erability .................................................................................................13
npliance with Interest Rate Limitations ..................................................13
Deming Law ............................................................................................13
IMENT OF ACCOUNT ..........................................................................13
iES TO THIS AGREEMENT .................................................................13
"Acco ne, means your Discover Card Account
"Authorized User" means any person whom you authorize to use your Account or a. Card, whether you notify us or not
"Card means any one or more Discover Cards issued to you or someone else with your authorization.
"Pdci g Schedule" means the document accompartyinig your Card and Oft 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
USIN YOUR ACCOUNT
Your cceptance of this Agreement The use of your Account or a Card by you or an Authored User, or your failure to cancel your Acxountwdtltin 30 days after receiving a Card, means you accept
this A9 e-rnent including the Arbitration of Disputes section on page 11. You may, however, reject-the Arbitration of Disputes section as explained on page 12.
Uses of Your Account Your Account may be used for.
• to purchase or lease goods or services from par-Wpating merchants by presenting your Card or A=urft number or by using promotional checks, which we may furnish to you, in
with such additional toms and conditions as we may offer from time to time.
Cash dvances- to obtain dash advances from participating automated teller machines, financial institutions or other locations, the purchase of lottery tickets, racetrack wagers, vouchers redeemable
for or for casino chips, money orders, travelers checks, savings bonds, foreign errancy and wire transfers, or toy means of checks which we may fumish to you, all in accordance with such
add'' I terms and conditions as we may offer from time to time.
Balan 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 lams and conditions as
we ma, offer from time to time.
In acki on, your Account may be used to guarantee reserVathm at
'ng 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,.
partic4 hou and charitable purposes.
Prohi d Uses of Your Account Your Account may not be used to obtain loans to purchase, carry or trade in securities, to pay any amount you on 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 rProhlbiled Transactions").
Purc ses and Cash Advances in Foreign Currencies. If you make a purchase or cash advance in a foreign currency, it will be converted to U.S. dollars using either a govemment4andated rate, a
govern nt-published rate or the interbank exchange rate, depending on the country and currency in which the transaction is made. The rate used will be the rate in effect on the conversion date for the
transac on, which my be different than the Transaction Date as shown on your statement We charge a Foreign Currency Transaction Fee Finance Charge for each purchase made in a foreign
curre as described in the foreign Currency Transaction Fee Finance Charges section on page 8.
Cash Advances. We may periodically offer you special rates on cash advances for the time period specified in the offer, subject to the Default Rate 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.
Balanc Transfers. We may periodically offer you the oppor-tunny to make balance transfers from other creditors or to make other transactions to your Account by means of balance transfer coupons
or ch . Each offer will contain an initial special rate, which will be the Annual Percentage Rate that will apply to transferred balances for the time period specified in the offer, subject to the Default
Rate and may contain a Balance Transfer Transaction Fee Finance Charge for each balance transfer made during the tens of the offer, as dsciosed in the offer and as set forth in the Pricing
Sche& lo, if applicable. After the expiration of this time period, the Annual Percentage Rate that applies for purchases will apply to transferred balances. Balance transfers subject to the initial special
rate Ore referred to as special rate balance transfers; balance transfers for which the initial special rate has expired are referred to as purchase rate balance transfers.
Each/ offer will contain an expiration date. If you attempt to transfer balances by means of a check after the expiration date, we will treat the transaction as a cash advance. We will not make balance
transfers attempted by means of a coupon after the expiration date.
Credit Authorizations. Certain transactions will require our authorization prior to completion. In some cases, you may be asked to provide identification. We have the right not to authorize a transaction
fors curtly 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. r
Auth rued Users. If you want to cancel the authority of a current Authorized User to use your Account or a Card, you must notify us and destroy any Card in that person's possession. You can nobly
us by telephoning 1.800-DISCOVER (1800-347-2683), or by writing Discover Card, PO Box 30943, Salt Lake City, UT 84130-0943. None of your rights under this Agreement (other than to pay
amo nts 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). "
Una thorized Use. Prior to its use, each Card must be signed by the person to whom it is issued. If a Card is lost or stolen, or if you think that someone is using your Account or a Card without
your ermission, notify us immediately. You can notify us by telephoning 400-DISCOVER
(1-80 -347-2683), or by writing DisooveiO Card, PO Box 30943, Salt Lake City, UT 84130-0943. You agree to assist us in determining the facts relating to any theft or possible unauthorized use of
your Account or a Card and to comply with such procedures as we may require in connection with our invest-igation.
Your Credit Lines. We will advise you of your Account credit line. We may impose a lower line that will apply to cash advances, referred to as the cash advance credit line. We may also impose a lower
line at will apply to balance transfers, referred to as the balance transfer credit line. You agree not to allow your unpaid balance, inducting finance Charges and fees, to exceed your Account credit lirie.
If you exceed your Account credit line, we may request immediate payment of the amount by which you exceed your Account credit fine.
We ay increase or decrease your Account credit line, your cash advance credit One or your balance transfer credit line without notice. The credit available for your use may, from time to time, be less
than our Account credit line. For purposes of determining your available credit, we reserve the right to postpone for up to 15 business days reducing your unpaid balances by the amount of any
Davm nt that we receive. Your avail-able credit WO not be increased by the amount of any credit balance.
MAKING PAYMENTS
Prom se 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 a rite or permit to use your Account or a Card, even If you do not notify us that others are using your Account or a Carol. If you pay us in other than U.S. dollars, we may refuse to accept the
nt or change your Account our cost to convert your payment to U.S. dollars. AN 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
ind' ' ually and jointly for the entire amount owed on'yourAccount We can accept late payments or partial payments or checks and money orders marked "payment in full" or with any other
restrictive endorsement without losing any of our rights under this Agreement
Mont ly Billing Statement. We will send you a bilOng statement after each monthly billing period in which you have a debit or credit balance, unless we wave our right to do so as pemdtted by law. The
billing statement will show all purchases, cash advances, balance transfers, Finance Charges and other charges or fees and all payments or other credits posted to your Account during the billing
pen ' . it will show your New Balance, Payment Due Date and Minimum Payment Due as of the end of the billing period. If your prior month's payment is returned unpaid, your required. Minimum
Raynn ant Due may be higher than shown on your billing statement See the Minimum Monthly Payment section on page 5.
Mon ly Payment Options. You may at any time pay the entire New Balance shown on your billing statement, but each month you must pay at West the Minimum Payment Due as described in the
Min' m 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
Arco t in accordance with those terms. In addition, we reserve the right to change those terms without prior notice as permided by law.
Auto allc Billing Arrangements. If your Account number and/or Caryl expiration date charges and our records inchoate you have automatic billing established with a merchant. we will attempt to
/fro ' your new Account infomnation to that merchant. To ensure unirrtem rpted balling, we recomrnend that you verify the merchant has your newAccount information. You must oontact the merchand
di if you do not wish to continue the automatic billing arrangement
How a Apply Payments. We will apply payments and credits to the New Balance shown on your current billing statement in order of the Annual Percentage Rate appi-cable to the balance of each
tra ' n category (as referenced in the Finance Charges section), generally from lowest to highest begin-ning with the balance subject to the lowest Annual Percentage Rate. We then apply
Is 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 r 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.
Minim m Monthly Payment The Minimum Payment Due each month Will be the greater of
• the Balance if it is less than $15;
• 1$15 fl he New Balance is $15 or more; or
• any ast due amount plus the greater of.
2% of 6 New Balance (excluding current Periodic Finance Charges, Late and Overliml Fees) rounded up to the nearest dollar or
currePeriodic Finance Charles plus Late and Overilmit Fees plus $15 (not to exceed 3% of the New Balance) rounded up to the nearest dollar.
We m also include some or all the amount by which you exceed your Account credit One. If more than 90% of your New Balance consists of spedaFrate balance transfers, we may, at our discretion,
i your Minimum Payment Due to a maximum of 4°/a of the New Balance if it would otherwise be less than that We may subtract certain fees to calculate the Mini-mum Payment Due. The
Minim m Payment Due will never exceed the New Balance. Paying the Minimum Payment Due may be insufficient to bring your Account balance below your Account credit line and, consequently, may
not a id the imposition of an additional Over imit Fee described in the Overimit Fee section.
Skip-A -Payment Offers. We may from time to time alow 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 minimum monthly payment, finance charges and any applicable fees vull 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 WO refund any credit balance within seven business days from receipt of your written request If you do not request a refund, we will auto-maticaty refund credit balances greater
than $ that remain in your Account after 6 months.
FINAN E CHARGES
How a Calculate Periodic Finance Charges. We begin to impose Periodic Finance Charges on all transacions from the Transaction Data for the transaction as shown on your billing statement
unless transaction is posted to your Account after the dose of the billing period in which it occurs, in which case we begin to impose Periodic Finance Charges on that transaction from the first day of
the biili g period in which it is posted to your Account We continue to impose Periodic Finance Charges until the date you pay your entire New Balance, by making payments or receiving credits.
Howe r, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing 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 billing statement We call this the "grace period." There is no
grace period on balance transfers or cash advances.
We sort your transactions into groups of purchases, cash advances, and balance transfers and then further soft the transactions within each group by theirAnnual Percentage Rate. For example,
purchases subject to a promotional rate and purchases subject to a; standard rate would be separate groups. We refer to these groups as transaction categories. At the end of each billing period, we
comp a balances and Periodic Finance Charges for each day of the billing period for each transaction category. We use the following equation to compute Periodic Finance Charges for each
transaction category:
(Averse Daily Balance) times (days in billing period) times
(Daily ehodic Rate).
(You ay 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 Daly Balance is shown as zero 'rf, because of the grace period, no Periodic Finance Charges apply to the balance in a trans-action category.
How a Calculate Your Balances. We use the Average Daily Balance (including new transactions) method of calculating the balance upon which we tinpose Periodic Finance Charges. We compute
the Average Daly 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 period.
We compute the daily balance for each transaction category on each day by first adding the following to the previous days daily balance: transactions with a Transaction Date of that day as shown on
your bi ling statement, unless the transaction is posted to your Account after the close of the balling period in which it occurs, in which case the transaction will be added to the daily balance as of the first
day of he billing period in which it is posted to your Account, fees charged that day and Periodic Finance Charges accrued on the previous days daily balance; and by then subtracting any credits and
paym is that are applied against the balance of the transaction category on that day. In calculating the daily balance for the first day of the billing period, we consider the "previous days daily balance"
to ha been your balance for each transaction category on the last day of your previous billing period.
All fee charged to your Account are added to the standard purchase
trans-a 'on category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance
trans-a 'on category and Balance Transfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction category. When the special rate expires, we move the
unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges to the standard purchase transaction category. However, if the special rale has been terminated
under tie Default Rate sedan, 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 special rate would have expired.
Variab a or fixed Interest Rates. The Daly Periodic Rate and corresponding Annual Percentage Rate that apply to each transadion category are either fixed rates or variable rates as set forth in your
Pricing Schedule or in any special offers you receive from us. The Daily Periodic Rate is 1 /365th of the corresponding Annual Percentage Rate. Variable Annual Percentage Rates are defer-mined by
adding a specified number of percentage points to the Prime Rate. This is shown on the Pricing Schedule as "Prime + (per-centage points)." For purposes of this Agreement, the Prime Rate is the
highs rate of interest listed as the "prime rate" in the Money Rates section of The Wall Street Journal on the last business day of the month. The Prime Rate is merely a pricing index and does not
repre nt 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
cha s. This change coil be effective beginning with the first day of the billing period that begins during the same month as the charge in the Prime Rate. An increase in the Annual Percentage Rate
may increase your Minimum Payment Due.
Defaul Rate. Each time you do not make a required payment on time or each time you exceed your Account credit line twice in a twelve month period (each, a'Default Rate Event ), we may increase
the sta and Annual Percentage Rates for purchases, balance transfers and cash advances to a variable rate equal to the Prim Rate'+ up to 27.99%, but such rate will never exceed 29.991. (the
"Defau Rate!). At the same time, any special rates on purchases, balance transfers or cash advances will end and the Default Rate may apply. The maximum Default Rate which would currently apply
is set fi: rth in your Pricing Schedule. We will base your Default Rate on factors such as.
•VO rcurrent APRs
r payment history with us
• yoL r general credit history
Any i sed rate will apply beginning with the first day of the billing period in which (i) we did not receive atieast the Minimum Payment Due by the Payment Due Date or O you exceeded your
credit line for the second time in a twelve month period. If yowrstandard Annual Percentage Rate for purchases was increased under this or arty previous version of the Default Rate sedan
and, fo any nine consecutive billing periods thereafter another Default Rate Event does rat occur, then your Annual Percentage Rate for your now purchases will be reduced to a lesser variable rate
which y be higher than your previous standard Annual Percentage Rate for purchases and your Annual Percentage Rate for your existing purchase balance may be reduced to a lesser variable rate
which y be higher than your previous standard Annual Percentage Rate for purchases. Any reduced Annual Percentage Rates on new and existing purchases may be different and will apply
beginni with the first day of your tenth billing period. However, 'nf a Default Rate Event occurs in the tenth billing period, a Default Rate will apply.
Cash dvance Transaction Fee Finance Charges. Unless otherwise specified in a cash advance offer, we will charge you a Cash Advance Transaction Fee FINANCE CHARGE of 31/6 ofthe
amou of each new cash advance with a minimum Cash Advance Transaction Fee FINANCE CHARGE of $5 and no maxi-mum. The imposition of Cash Advance Transaction Fee Finance Charges
may result in an Annual Percentage Rate for cash advances that is higher than the nominal Annual Percentage Rate. Al force of cash advances, including the use of Discover Card ch aft, regardless
of the npose for which used, are subject to Cash Advance Transaction Fee Finance Charges. To obtain the total Finance Charge on cash advances for each tailing period, we add any Cash Advance
Transaction Fee Finance Changes for the billing period charged under this section to any Periodic Finance Charges calculated under the Periodic Finance Charges sedan for each ash advance
transac 'on category and add up these amounts.
Balance Transfer Transaction Fee Finance Charges. If the balance transfer offer you receive contains a Balance Transfer Trans-action Fee Finance Charge, we will charge you a Balance Transfer
Trans-e n Fee Finance Charge for the amount of each balance transfer made under that offer. If there is a Balance Transfer Transaction Fee Finance Charge in conjunction with the offer you
receive I when you applied for an Account, it will be in the amount set forth in the Pricing Schedule. The imposition of Balance Transfer Transaction Fee Finance Charges may result in an Annual
Percen age Rate for balance transfers that is higher than the ranninal Annual Percentage Rate. To obtain the total Finance Charge on balance transfers for each billing period, we add any Balance
Trans Trans-action Fee Finance Charges calculated under the Periodic Finance Charges section for each balance transfer trans-action category and add up these amounts.
Foreign Currency Transaction Fee Finance Charges. We will charge you a Foreign Currency Transaction Fee FINANCE CHARGE of 29/6 of the U.S. dollar amount of each purchase made in a
foreign rrency. The imposition of Foreign Currency Transaction Fee Finance Charges may result in an Annual Percentage Rate for purchases fhat 6 higher than the nominal A nnual Percentage Rath.
To ob in the total Finance Charge on purchases for each billing period, we add any Foreign Currency 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 purchase transaction category and add up these amounts.
Minim m Finance Charge. We will charge you a minimum FINANCE CHARGE of $50 for any billing period in which Periodic Finance Changes of less than $.50 would otherwise be irxposed.
FEES
Annual Fee. If your Pricing Schedule accompanying your Card includes an Annual Fee, we will charge you an Annual Fee in the amount indicated, We will charge you this fee when we open your
Accoun and at the beginning of each anniversary year your Account is open. The Annual Fee is not refundable, except as provided by law.
Late F . We will change you a Late Fee if you have failed, as of the payment Due Date, to make the Minimum Payment Due that was required to be paid for that billing period. The annum of the late
Fee is based on the sum of all outstanding purchases, cash advances, balance transfers, other charges, other fees and Finance Charges at the end of the billing period for which we did not receive
timely payment If the sum is $250 or less, the fee is $19; if lt is greater than $250, the fee is $39.
Overdimit Fee. We will charge you an Ovedirrit Fee each time that, as of the dose of a billing period, your outstanding Account balance exceeds your Account credd line. This fee may be charged even
if the transaction which causes you to exceed your Account credit line is authorized by us or if you exceed your Account credit line due to the posting of Finance Charges or fees to your Account The
amou of the Ovedimit Fee is based on the sum of all outstanding purchases, cash advances, balance transfers, other charges, other fees and Finance Charges at the end of the billing period. If the
sum i equal to or less than $500 and you exceed your credit line, the Overiimit Fee is $15. If the sum is greater than $500 and you exceed your credit lipe, 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 wilt. also apply if a debit transaction
to a posit 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 Agreemeqt is returned unpaid. We will
charge you this fee the first time any payment is retumed unpaid, even if it is paid upon resubmission.
Retu ed Discover Card Check Fee. We Wit 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,
protionai purchase check, or other promotional check.
Pay -E 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 WE charge a Pay.
By-P one Fee of $10 for each such transfer or payment
Rese rch Fee. We may charge you a Research Fee of $5 for each copy of a billing statement or sales slip that you request However, we will not charge a fee if you request copies in connection with a
billing error.
DEFAULT AND CANCELLATION
Type of Default You are in default if you became insolvent if you file a bankruptcy petition or have one filed against you; 9 we have a reasonable belief that you are unable or unwilling to repay your
obl' ions 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
includ rig failing to make a required payment when due, exceeding your Aa ounf credit line or using your Card or Account for a Prohibited Transaction; or if you fail to make a required payment when
due o any other account you have with us.
Cons quences of Default If you are in default we may declare the entire balance of your Account immediately due and payable without notice. If we refer the collection of your Account to an attorney
ore Ioy an attorney to represent us with regard to recovery of money that you on us, we may dmarge you reasonable attorneys' fees and court or other collection costs as permitted by law and as
actua incurred by us, including fees and costs in con-nection with any appeal. We may delay enforcing or rat enforce any of our rights under this Agreement widW losing or waiving any of them.
Canc Ilation. You may cancel your Account by notifying us in writing or by telephone and retuning or destroying every Card and unused check that we have provided you. You can ratty us by
telep ning 1-800-DISCOVER (1-800-347-2683), or by writing Discover Card, PO Box 30943, Salt Lake City, UT 84130-0943, Of course, you will still be responsible to pay any amount you owe us
accon ing to the terms of this Agreement If your Account is a joint Account, either Cardmember may cancel the Account, but you will both remain responsible to pay any amount owed to us according to
the to of this Agreement We may cancel or suspend you Account at any time without notice. We may choose not to renew your Account (beyond the expiration date showrn on the face of a Card)
witho notice. You must return any Card or unused dv dks to us upon request
PRIVACY AND OUR COMMUNICATIONS WITH YOU
Our P ' acy Policy. We may from time to time review your credit empkryment and income records. We respect the privacy of information about you and your Account Our Privacy Policy includes a
su ry of the personal infor-mation we collect, when it may be shared Wth others, taw we safe-guard the confidentiality and security of infonation and the steps you may take to limit our sharing of
such i formation with others. Please read it carefully as it is part of your Cardmember Agreement "
Repo 'ng to Credit Reporting Agencies. As indicated in our Privacy Policy, we may report to credit reporting agencies and other creditors the status and payment history of your Account including
nega ' credit information. Late payments, missed payments or other defaults on your Account may be reflected in your credit report We normally report to such credit reporting agencies each month. If
you ieve that our report of your Account status is inaccurate or Incomplete, please write us at the following address: Discover Cana, PO Bcxc 15316, Wilrnagton, DE 19850.5316. Please include you
name, address, home telephone number and Aocourd number.
Our Communications with You. Our personnel may listen to or record telephone calls between you and our represenlatMes without additional notice to you as permitted by law. We may use any
media , inducing but not limited to mail, he telephone calls, automated telephone equipment prerecorded tale-phone calls, e-mail and may make calls to your cell phone to contact you about your
Accou it or offer you products or services that may be of value to you. If you prefer not to be contacted in one or more of these ways, telephone us at 14MISCOVER (1-P00-347-2683) or write to us
at Di over Card, PO Box 30961, Saft Lake City, UT 841 W-Ml. '
Releasing Information About Your Account We provide various methods by which you can obtain information about your Account We WE only ralease such information to you, any Author-¢ed User
that ou records Indicate is an authorized buyer on your Account and any other person with your prior permission, in addution to as pro-vided in our Privacy Policy or as required by law. Our securely
measures cannot insure against unauthorized inquiries. You agree that we WE not be responsible for the release of information to anyone who, even if with-out your au0rorization or permission, has
gained possession of a Card or has learned other identifying characteristics about you such as your per-sonal identification number, Account number or "I security number.
Electrc nic Notices to You. We may offer you the opportunity to receive certain notices from us elec-trodcally rather than through the mail, including monthly billing state-ments and change of terns
no ' . The terns and conditions for receiving these electronic communications will be described in the otter.
Noti - Changes to Your Information If you charge your e•rnall address, malting address or Weph one number you /rust notiy us of your new address ortelephone number within 15 days. You can
notify by telephoning 1-800-DISCOVER (1-800,347-2683) or by wr ling Discover° Card, PO Box 30943, Saft Lake Ciy, UT 84130-0943.1your Accou>t is a,bintAocoud, any notice we mail to an
add you have provided for the Account WE serve as notice to both Cardmembers.
CLAIM AND DISPUTES
March nt Disputes. We are not responsible for the refusal of anyone to accept or honor a Cantor to accept checks that we have provided you. If a merchant fails to provide your purchase to your
satisfy ion 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 cedR to your Account and you WE be deemed to have
assig to us your claim against the merchant and/or arty thins party for the credited amount Upon our request you agree to provide us with written evidence of such ass n ment.
Claim otices. In the event that you or we have a claim that arises from or relates to you Account, any prior account you had with us, your appii-cation, the relationships which result from your Account
or the nfome-abiliy of the Agreement or any prior agreement before inib-ating, joining or participating in any judicial or arbitration proceeding, as either an individual litigant or member of a class
CProce ing°), the complaining party shall give the other party. (1) a writhen notice of the claim /Claim Notice"), at least 15 days before initiating any Proceeding, explaining In reasonable detail the
nature of the claim and any sup-poling facts; and (2) a reasonable good faith opportunity to resolve the claim Wthout the necessity of a Proceeding. This includes any claims involving our parent
corpora 'on, subsidiaries, affiliates (including, without timk&n, DFS Services LLC), predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities. Any
Claim lice 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') orm you at your
addreappearing in our records or, If you are represented by counsel, to your attorney at your attorneys office.
Arbitra 'on 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 m or relating to you Account any prior account you have had with us, your application, the relationships which result from your Account or the enforceability or scope of this arbitration
provisi , of the Agreement or of any prior agreement you or we may elect to resolve the claim or dispute by binding arbitration. IF EITHER YOU OR WE ELECT ARBITRATION, NEITHER YOU NOR
WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL
RIGH S WILL BE LIMITED. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WITH RESPECT
TOO ER ACCOUNTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY
('Class Action Walver'). '
Notwit standing anything else to the contrary in thus 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 o litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit and nothing undertaken therein shall
con ' e a waiver of any rights under this arbitration provision. We will not invoke our right to arbitrate an individual claim you bring in small claims court or your state's equivalent court, if any, unless
such lion is transferred, removed or appealed to.,a different courL
Gove ina Law and Rules Your Account involves interstate commerce and this provision shall be governed by the Federal Arbitration Act (FAA). The arti-tration shall be conducted, at the option of
whoe rfiilesthe
arbi- lion 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
proced ures, to file a claim or for other information, contact AAA at 335 Madison Ave., Floor 10, New York, NY 10017-5905, www.adr ore (phone 1-800-778-7879) or NAF at PO Box 50191, Minneapolis,
MN 55405 (phone 1800474-2371). No other arbitration forum will be permitted, except as agreed to pursuant to either the Changes to this Agreement section or a writing signed by both parties. Unless
consented to by all parties, no arbitration may be administered by any administrator that has any formal or informal policy, rule or procedure that is inconsistent with or purports to override the terms of
this section. If we elect to resolve a claim or dispute by binding arbitration and the arbitrator issues an award in your favor on a claim or claims with respect to which you would not otherwise be entitled to
recover your arbitration filing, administrative and hearing fees, reasonable attomeys' fees and/or other arbitration costs, we will be responsible for paying or reimbursing such costs and fees K awarded
by the rbitrator.
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 rsue a claim or dispute as a result of our electing to arbitrate
that c im or dispute. Send requests to Discover Card, PO Box 30421, Salt Lake City, UT 84130-0421. The arbitrator will decide who will ultimately be responsible for paying those fees. You will only be
respo ble for paying or reimbursing our arbitration filing, administrative or hearing fees to the extent you would have been responsible for payirg'ertthmeys' fees and count or other collection costs" had
the a on 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 app icable law.
Heard and Decisions Any arbitration hearing void 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 a icable statutes of limitations and shall honor claims of privilege recognized at law and shall be authorized to award all remedies pemnitted by the substantive laws that would apply if the action
were nding in court If requested by any party, the arbitrator shall write an opinion containing the reasons for the award. The arbib a#or's decision will be final and binding except for any appeal rights
under 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, which shall review the award de novo. Unless.
appli ble law provides otherwise, the appealing party will pay the cost of the appeal, regardless of its outcome. However, we will consider in good faith arty reasonable request for us to bear the fees
charge 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 neficiaries of this Prevision. Our rights and o. gations under this arbitration provision shall inure to the benefitof and be binding upon our parent corporations, subsidiaries, affiliates (including,
witho limitation, DFS Services LLC); predecessorsrsuccessors, assigns, as well as the officers, directors and employees of each of these entities, and will also inure b the benefit of any third party
named as a co-defendant with us or with any of the foregoing in a claim which is subject to this arbitration provision. Your rights and obligations under this arbitration provision shall inure to the beret of
and be binding upon all persons contractually liable under this Agreement and all Authorized Users of the Account
Survivc I of this Provision. This arbitration provision shall survive tend-na-tion of your Account as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, any
bankru tcy by you and ary sale by us of your Ac coupt
Right 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, 0 Box 30938, Salt Lake City, UT 84130-0938. If you were previously subject to arbitration with respect to any account with us, this rghtto reject arbitration will not apply to you. Your rejection
notice ust 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 neject the Arbitration of
Disputes section or sending a rejection notice in a manner or format that does rot comply with all applicable requirements is insufficient notice. In order to process your notice, we require that the notice
be pro% by you directly and not tlfrough a third party. Rejection of arbi-tra-tion will rot affect your other rights or responsibilities under this Agreement or your obligation to arbitrate disputes under any
other a unt 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
accoun 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
Seven ility. If any part of this Agreement becomes unenforceable, it will not male any other part unenforceable, except that K the Class Action Waiver set forth above in the Arbitration of Disputes
section is invalidated in any proceeding in which you and we are involved, then the Arbitration of Disputes section will be void with respect to that proceeding. ,
Compliance with Interest Rate Limitations. We intend that this Agreement will comply with applicable interest rate limitations. You will not be required to pay Finance Charges or other charges at a
rate that is greater than the maximum amount permitted by law. If it is ever finally deter-mined that, but for this section, the Finance Charges or other charges under this Agreement would exceed the
maxi m lawful amount, the Finance Charges and other charges will be reduced to the maximum lawful amount Any excess amount that you have already paid will be used to reduce the outstanding
balance of your Account or will be refunded to you by means of a check in our discretion. •
Gove ing Law. This Agreement and any claim or dispute arising out of this Agreement will be govemed by applicable federal law and, to the extent state law applies, Delaware law.
ASSIG MENT OF ACCOUNT
We sell, assign or transfer your Account or any portion thereof with-out notice to you. You may not sell, assign or transfer your Account wdtiwut first obtaining our prior written consent
CHAN ES TO THIS AGREEMENT
We ma change any term or part of this Agreement, including, but not limited to, any finance charge rate, fee or method of computing any balance upon which the finance charge rate is
assessed or add any new term or part to this Agreement If required by law we will send you a notice at least 15 days before the change is to become effective. We may apply any such
change to the outstanding balance of your Account on the effective date of the change and to new charges made after that date. You may be offered the opportunity to reject some of the
changes, and if you do, you must notify us in writing within 15 days after the mailing of the notice of change at the address provided in the notice of change, in which can your Account
will be closed and you must pay us the balance that you owe us under the existing terms of the unchanged Agreement Otherwise, you will have agreed to the changes in the notice. Use
of your Account after the effective date of the change will be deemed acceptance of the new terms as of such effective date, even If you pre-vilously notified us that you did not agree to
the change.
We m also change any term of arty product, service or benefit offered in connection with your Account We will notify you as required by law or by the terns of the product, service or
ACY POLICY
We ale required by federal law to provide you with a copy of our Privacy Policy each year. If you have previously notified us about your privacy preferences, as described in Section 4, it
is no? necessary to do so again unless you decide to change your preferences.
We f1,espect Your Privacy
Our mission is to provide you with superior products and services, along with the peace of mind knowing that the security of your personal?informatlon is ourtop priority. We understand your concerns about
guarding information about you and your Account We want to assure you that we have taken steps, and will continue to tiake steps, to safeguard that infommation.
This Privacy Policy describes our efforts to meet these objectives. It includesa summary of the follovring important information: ,
A listing of the personal information we collect;
circumstances in which we may share information with others;
ways we safeguard the confidentiality and security of information;
The steps you may take to limit our sharing of such information with
o rs. See Section 4 for complete details.
Pleas read our Privacy Policy carefully. It will help you understand how we collect and share information.
1. Wh A Personal Information Do We Collect?
To set ve you better and manage our business, it is important that we collect and min accurate personal information about you. We obtain this information from applications and other forms you
subm- to us, from your dealings with us and others, from consumer reporting agencies, and from other sources, such as our Web sites. For example: .
We may obtain information such as your name, address and date of birth from applications and other forms you submit to us.
We may obtain information such as Account balances, payment history, your use of your Account and the types of services you prefer from your transactions and other dealings with us and others.
We may obtain information such as the balances of your loans with other lenders'and your payment historywith others from consumer reporting agencies.
We y obtain infomration such as your Internet service provider, your e-mail address, your oomiputeu's operating system,and Web brovrspir, your Web site use and your product and service
prefe noes from your visits to Web sites.
2. Is P rsonal information Shared with others?
We li ' the sharing of information with others. Many of to offers you receive for products and services are provided directly to you from us. For example, a retailer that accepts the Discover* Card may
coax us with a special offer for Cardmembers, such as a discount certificate or product upgrade. After careful consideration of the natuae of the offer and the company, we will create a list of
Cardrr ambers who may be interested in the offer based on certain characteristics. We will send the offer directly to those Cardmambers on behalf of the retailer by, for example, including an insert in
their thy billing statement or malting 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 time retailer.
Howe r, please understand that if you do receive this type of offer from us and choose to take advantage of ik the retailer may then loam information about you because only Cardmembers with certain
charac ristics received the offer.
,
There re, however, circumstances in which we may.share the information we collect about you, as described in Section 1, with other companies in order to provide you with access to products and
serve and to service your Account effectively, as detailed below. We require these companies to adhere to our privacy standards and to use this information only for the limited purpose for which a
was sl- red. We do not allow them to disclose it to others wbtiwut our prior approval.
a. Sha ng Personal Information with Our Corporate Far*
Our a family offers a variety of products and services that can help you manage your finarxces. In order to provide you with access to these products and services, we may share the information
we colt )ct 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
voce inp services.
Personal Information with Non,AflHiated Parties for
Purposes
we hare the infomuation we collect about you, as described in Section 1, with non-alfillated third parties, including those that accept the Discover Card, in order to provide you with access to
Prod and services offered directly by these companies that may be of value to you. These corrgtanies include financial service providers, such as insurance companies, and nonfinancial companies,
M7aretallers.
suPersonal Information with Others
We share the information we collect about you, as described in Section 1, with companies that perform support or marketing services on our behalf, such as mailing, market research and data promssirg;
other fir ncial institutions wilh which we have joint marketing agreements; or companies that are our partners for co-brand credit card programs or reward programs. We may also share such information as
perm bylaw,
How D We Protect the Confidentiality, Security and Integrity of Information about You?
We mad tain physical, electronic and procedural safeguards to protect the infommation we collect about you. Access to such information is restricted to individuals who need it in order to service your
Accoun or provide products and services to you, and who are trained in the proper handling of such information. Bnployeems who violate these confidentiality requirements are subject to our disciplinary
process. Where third parties provide support services, we require them to conform to our privacy standards.
It is i rtant 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 Cana, PO Box 30943, Salt Lake City, UT 84130-0943 so that we can update this infomiatlon.
4. How Can You Limit Sharing of Information About You?
We respect your privacy and offer you choices as to whether we may share irrformatbn about you with others. You have time option to tell us not to share the information we collect about you, as described in
Seddon 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
prefer nce for either of these options, please understand that you may not receive offers for products and services provided by other companies that could help you to weryour costs, maximize your financial
resou, or ma*e your finances.
n
To indicate your preferences, please call us at 1.800-225.5202 or write to Discover Card, PO Box 30961, Salt Lake City, UT 84130-0961. If you have previously notified us about your
ppva y preferences, it is not necessary to do so again unless you decide to change your preferences. Your written request should include your name, address, telephone number and Account
numb- qs) 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
pro; e us with your preferences for each credit card account you have with us.
You y 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 infomation 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 a a new Cardmember, we will not share any nformation 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 Cardrnember, please understand that you may continue to receive marketing offers directly from other companies thatwere already in production prior to
the processing of your request
This Privacy Policy is provided to the primary Cardmember listed on the Account However, any joint Cardmember has the right to notify us about preferences and we will treat that request as applying
to the entire Account We do not share information about former customers, except as permitted by law. This notification supersedes all previously issued Privacy Policies. We reserve the right to amend
this Privacy Policy from time to time and we will nobly you if we do so.
This Privacy Policy is provided to you by Discover Bank and its subsidiaries, which currently include GTC Insurance Agency, Inc. and Discover Products Inc. Unless otherwise specified, it applies to ft
family of Discover Cards for consumers and the products and services offered in connection with those Canis, Including the Wallet Protection card registration service (with the exception of any
information registered in connection with the service, which will riot be shared). It is part of your Cardmember Agreement and provides a further explanation of flow we collect and share information. You
may have other rights under state laws that apply to this information. Please note that you will also receive privacy notices for other Credft card accounts you have with us, as well as other fnancial
produ and services provided to you by us and our affiliates. You will need to indicate your preferences for each of these separately as disclosed in the notice.
Vermont Residents - Your state law requires financial institutions to obtain your consent prior to sharing information about you with others. Except as permitled by law, we will not share information we
collect about you with room-aiBiated third parties or companies in our corporate family unless you call us at 1-600-DISCOVER (1-800-347-2683) and authorize us to do so.
Califo is Residents - Your state law requires financial Institutions to obtain your consent prior to sharing information about you with non-affiliated third parties. Except as permitted by law, we will not
share nformation we collect about you with non-affiliated third parties while you are a resident of California.
You Billing Rights
KEE THIS NQTICE FOR FUTURE USE
This lice contains important information about your rights and our responsibilities under the Fair Credit Billing Act
1. Not fy Us in Case of Errors or Questions About Your Bill
If you ink 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 soy as possible. We must hear from you no later than 60 days afterwe sent you the first bill on which the error or p Dblem appeared. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the following information:
• your me and Account number.
• your liar amount of the suspected error.
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 awe authorize us to pay your credit card bill aubmatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter
musts ch us three business days .before the automatic payment is scheduled to occur.
Your ights and Our Responsfbiliffes After We Receive Your
Writte Notice
We muA acknowledge your letter within 30 days, unless we have coned the error by then. Within 90 days, we must either owed the erns or explain why we believe the bill was coned
After receive your letter, we cannot try to collect any amount you question or report you as delinquent We can continue to big you for the amount you question, including finance charges and we can
apply a unpaid amount against your Account credit limit You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your b0 that are not in
questio .
If we fin J that we made a mistake on your big, 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 finanoe charges, and you
will h to make up any missed payments on the questioned amount In ei8ter case, we will send you a statement of the amount you on and the date that it Is due.
If you 'I to pay the amount that we think you owe, we may report you as delinquent However, if our explanation does not satisfy you and you write us within ten days telling us that you still refuse to
pay, must tell anyone we report you to that you have a question about your big. And, we must tag you the name of anyone we reported you to. We must tell anyone we report you to that the matter
has been settled between us when it finally is. If we don't follow these rules, we can't collect the fast $50 of the questioned amount even if your bill was correct
3. Spec al Rule for Credit Card Purchases
If you ve a problem with the quality of goods or services that you purchased with a credit card, and you tried in good faith to coned 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 mu have made the purchase in your home state or, If riot within your home state, within 100 miles of your current mailing address; and
(b) the urchase price must have been more than $50.
These limitations do not apply if we own or operate the merchant or if we mailed you the advertisement for the goods or services.
4. Purchases Made with Checks or Cash Advances
The Special Rule for Credit Card Purchases does not apply to purchases made with a balance transfer check, cash advance or promotional purchase check. Therefore, if you have a problem with the
quality of goods or services that you purchased with a balance transfer check, promotional purchase check, cash advance check or the proceeds of a cash advance, you do not have the right to
withh ldpaymentoftheamountdue. -- -
DESCRIPTION OF COVERAGE
SCHEDULED AIR TRAVEL ACCIDENT INSURANCE
Disco rs Card-members 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 yo r Card (as defined below) will be automatically insured against Accidental Loss df Life arising from and occurring on a Covered Trip while you, your Spouse, Domestic Partner or eligible
Depe dent Children forwhom a ticket was purchased on your Card are riding as a passenger in or entering, exiting or being struck by a Scheduled Aircraft or a conveyance operated by a military
transport service or riding as a passenger in or entering or exiting any conveyance licensed to carry the public for a fee and while traveling directly to or from the airport immedi-ately preceding the
depa ure of a Scheduled Aircraft on which the Insured Person has purchased passage and immediately following the arrival of a Schedule Aircraft on which the Insured Person was a passenger.
*Coverage is underwritten by Federal Insurance Company, a member insurer of the Chubb Group of Insurance Companies. Certain limitations and exclusions apply.
PLA FEATURES
THE BENEFITS: The full Benefit Amount ($500,000) is payable for Accidental Loss of Life. The Loss must occurwith one year of the Accident
MA)0 UM LIMIT OF INSURANCE: If more than one Insured Person suffers a Loss in the same Accident the Company will not pay more than the maximum limit of insurance ($20,000,000) per
Aocid t 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 derided
propo tonally 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 all
such Losses will be limited to a maximum limit of insurance equal to two times the applicable Benefit Amount for Loss of Life. Benefits will be proportionately divided among the Insured Persons up to
themaximum limit of insurance.
means a sudden, unforeseen and unexpected event happening by chance, and includes unavoidable exposure io elements arising from a covered Hazard.
mearu bodily injury which is Accidental, is the direct source of a Loss, is independent of disease, illness or other cause and occurs while this policy is in force.
AM g means a Card account.
means the Loss amount at the time the entire cost of the passenger fare is charged to an Account.
s the Discover Card.
6rdmembe means the holier of the Card whose name appears on the credit card.
means the Federal Insurance Company.
' means travel on a Scheduled Aincraft when the entire cost of the passenger fare for such transportation, less redeemable certificates, vouchers or coupons, has been charged to the
Ins Person's Account
ant Child or C h'Idran means those children, including adopted children and those children placed for adoption, who are primarily dependent upon the Insured Person for mainlenance and
sup and who are: (1) under the age of 19 and reside with the Insured Person; (2) beyond the age of 19, permanently mentally or physically challenged and incapable of self support; or (3) under the
age o 25 and classified as full-time students at an institution of higher learning.
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 lured with the Insured
Perso for at least one year prior to the date of enrolment (4) is not legally married or saga-rated; and (5) as of the date of enrolment, has with the Insured Parson at least two of the fiblowirg financial
arran ments: (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 naroial institution Neither the Insured Person nor the Domestic Partner can be married to, nor in a civil union with, anyone else.
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
Desc ' lion of Coverage.
I Person means all Cardmembers, their spouses, Domestic Partners and Dependent Children, as well as authorized users of the Account
L= r eans the Loss of Life.
means death, including clinical death determined by the local governing medical authorities.
means DFS Services LLC, the entity responsible for the payment of premium.
St-hadWadAircra means an aircraft owned ardor operated by a Scheduled Airline. ,
means an airline which is either of Urged States registry and certified by the United States government to carry passengers on a regularly scheduled basis or of foreign register and
rEARANC nited States goverment and the appropriate foreign authority.
es following a declaration of War by a government aulhori y. If there is no declaration of War, then (1) armed, open and continuous hostilities between two countries or(2) armed,
us hostilities between two factions, each in control of territory, or claiming jurisdiction over tine site of the area of hostility.
BENEFITS: If the Insured Parson has rot been fo und within one yen of tine disappearance, saarxfng, sinking, wrecking or breakdown of any Scheduled Aircraft or corneyarm in which the
Insured Person was covered as an occupant, it will be assumed, subject b all other temps of the policy, that the insured Person has suffered Loss of Life covered uxwthis policy.
EXPOSURE BENEFITS: Accident includes unavoidable exposure to elements arising from a covered Hazard.
ELIGI ILITY: This insurance plan is provided to Insured Persons auto-maticaly when the entire cost of the passenger fare(s) on a Scheduled Airline is charged to the Cardrnember's Account while the
insure is effective. It is not necessary for you to notify the Policyholder or the Company when Scheduled Airline tickets are purchased.
EFFEC TIVE DATES: Your insurance under this insurance plan is effective on the later of 1) April 1, 2007; or 2) the data you become an eligible Card-member. Your insurance coverage under this
insuran plan will cease on the earlier of (1) the date the insurance coverage is terrunated, or (2) the date you cease to be an eligible Cardmember.
COST: is insurance plan is provided at no additional cost to eligible Insured Persons for Covered Trips. Policyholder pays the full cost of the insurance.
THE B NEFICIARY: The Loss of Life benefit will be paid to the beneficiary designated by you. If no such designation has been made, that benefit will be paid to the first surviving beneficiary in the
followd order a) your spouse; b) your children; c) your parents d) your brothers and sisters, e) your estate. All other indemnities will be paid to you. If you wish to change your beneficiary, you may
request a beneficiary designation form by writing to the plan administrator at The Direct Marketing Group, Inc., 13265 Bedford Avenue, Omaha, NE 68164 or at Benefidaryrequest@TheDirectMG.com.
EXCL IONS: 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
Policyh der or any aircraft owned, leased or operated by an employee of the Policyholder on behalf of the Policyholder (this exclusion does not apply to aircraft chartered with pilot or crew on one time
charter is), (2) an accident while an Insured Person is in, entering or exiling any aircraft while acting or training as a pilot or crew member (this exclusion does not apply to passengers who
tempor, lily perform pilot or crew functions in a fife threatening emergency); (3) emotional trauma, mental or physical illness, disease, pregnancy, childbirth or miscarriage, bacterial or viral infection, or
bodily Ifunctions (except bacterial infection caused by an Accident or from Accidental consumption of a substance contaminated by bacteria); (4) suicide, attempted suicide or Loss that is Intentionally
self-infi d; or (5) declared or undeclared War.
CLAIM OTICE: 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 days will not invalidate or reduce any otherwise valid claim if notice is given as soon as reasonably possible.
CLAIM ORMS: 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
Corn a written description of the Loss.
CLAIM ROOF OF LOSS: Complete proof of Loss must be given to Cor parry 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 rat invalidate any otherwise valid claim if notice is given as soon as reasonably possible and in no event later than one year after the deadline to submit complete proof of Loss,
CLA, M PAYMENT: The Company will pay you or your beneficiary the applicable Benefit Amount within 60 days after complete proof of Loss is received and I you, the Policyholder andlor the
beneficiary have complied with all the terms of the policy.
ARBITRATION: In the event of a dispute underthis policy, either the Corn-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 arbitrator. The two arbitrators wil select a third. If they cannot agree within 15 days, eMwthe Company or the Insured Person may request that the choice of arbitrator be submitted to the American
Arbitration Association. The arbitration will be held in the state of the Insured Person's principal resHerae.
HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CLAIMS SERVICE CENTER AT 1.800-CLAIMS-0 (1-800.2524670).
You On also go to the Company Web site (mmw chulob,gorn), click
on R port a Loss, select Accident, Benefits and Life claims, select the
app -pri-ate form, print out the claim form, fill out and mail. You can file a claim by mail or fax.
Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES
CLAIMS SERVICE CENTER
600 INDEPENDENCE PARKWAY
PO BOX 4700
CHESAPEAKE, VA 23327-4700
Fax Number: 1-800-300-2538
Asa ndy reference guide, please read this and keep tin a safe place with your other insurance documents. This description of coverage is not a contract of insurance but is a summary of the
prima al provisions of the insurance while in effect Complete policy provisions are contained in the Master Policy, which can be obtained from the Policyholder.
Pali #9906-18-06
Policy Underwritten By
Federal Insurance Company
a member insurer of the
Chub Group of Insurance Companies
15 Mountain View Road, PO Box 1615
Warren, NJ 07061-1651
IES RIPTION OF COVERAGE
Plan Administrator
The Direct Marketing Group, Inc.
13265 Bedford Avenue
Omaha, NE 68164
DARY RENTAL CAR COLLISION COVERAGE
r• Cardmembers can benefit from the security and safety offered through Excess Collision Damage Waiver. If you rent a vehicle for 31 consecutive days or less (or 45 days under certain
lances described below) with your Card (as defined below), you may be eligible for benefits under this coverage. Excess Collision Damage Waiver is an insurance program, underwritten by
Insurance Company Policy #9906-17-63 (the'Policy").
means a Card account
means the cost to repair or replace the Rented
A 1e at the time of loss, less depreciation.
means the holler of the Card whose name appears on the credit card. "
QW s the Discover Card.
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, fairing
ON , fire, theft or larceny, explosion, earthquake, windstorm, hail, water, flood, malicious mischief or vandalism, riot or civil corrmofbn.
means the Federal Insurance Company.
means Cardmembers and authorized users of the Account
means DFS Services b1C, the entity responsible for the payment of premium.
means a cornmemal automob'le rental company licensed under the laws of the applicable jurisdiction.
means a four-wheeled private passerge type motor vehicle or a minivan manufactured and designed to transport a maximum of seven passengers and used excursively to carry
rs. A Rented Automobile must be designed for travel on public roads and rented from Rental Agency.
,
TO G COVERAGE:
The Ilision Damage Waiver Coverage is provided to you, as an Insured, automatically when the entire rental fee for the Rented Automobile is charged or debited ho your Account It is not necessary
for to notify the Company at the time the rental fee is charged or debited to your Account
You mist decline the LosslDamage Waiver offered by the vehicle
J
Rental Agency.
You must rent the vehicle in your own name and sign the vehicle rental agreementicontract
The coverage period will not exceed 31 consecutive days, or 45
corn live days if the Insured is an employee of an organization which has pro-vided a Card to the Insured for business use.
THE D OF COVERAGE YOU RECEIVE:
In cons ration of the premium paid by the Policyholder as required, and subject to all the terns of the Policy, the Company agrees to reimburse on an Actual Cash Value basis either the Insured or the
Rental gerq for repair or replacement of the Rented Automobile as a result of Collision Damage to the Rented Automobile. The Compai ys liabililywtil be for a maximum reimbursement of $25,000. In no
event 'p the Company be fiable beyond the amounts actuahy paid by the Insured or the Rental Agency.
If you an Insureds primary vehicle insurance or other coverage has made payments for a covered loss, Excess Collision Damage Waiver will cover your deductible and arty other eligible amounts not
covere( by other insurance.
This co erage is not all-inclusive, which means it does not cover such things as personal injury or personal liability. It does not cover you for any damages to other vehicles or property. it does not cover
you for ny injury to any party.
WHOI COVERED:
Disco Cardmembers
EXCLU ED RENTAL VEHICLES:
Off-roa , antique or limited edition motor vehicles; hnreks; recreational vehicles, campers, pickup trucks, and mini-buses; limited edition motor vehicles or high value, exotic, high perfom nce or collector
type. H' h value motor v ehbdes 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 nulactured for 10 years or more.
WHLeRE YOU ARE COVERED:
Coverage applies to vehicles rented in the United States and Canada only.
Cove ge is rxrt available where prohibited by law.
WHA IS W1 COVERED:
Cove ge does not apply to loss resulting from the following:
Any di honest, fraudulent or criminal act of the Insured.
ry by the Insured.
• Forg,
• Lossldue to war or confiscation by authorities.
Loss due to nuclear reaction or radioactive contamination.
The In ured 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 o the Rented Automobile by a person other than the one author-!zed to operate the Rented Automobile by the terms of the Rental Agreement
Loss use of the Rented Automobile.
Intential damage to the Rented Automobile by the Insured.
D which is due and confined to wear and tear, freezing, mechanical or electrical breakdown or failure.
D to tires unless the loss is coincident with a covered loss.
Use of the Rented Automobile in tests, races or contests.
The Rented Automobile being operated or located in any territory prohibited by the terns of the Rental Agreement
FOR I SUREDS WHO ARE NEW YORK STATE RESIDENTS:
To the extent that this plan provides insurance against damage tD a rented motor vehicle, the foiowing temts and conditions apply: (1) the period of insurance coverage will not exceed 31 consecutive
days, r 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 y other valid and collectible insurance covering the Rented Automobile. However, the insurance provided under this plan may be primary if specifically provided for under the terms of this plan
and if a following criteria is met (a) the Rented Automobile is rented for use outside the United States, its territories and possessors; (b) the Insured is an employee of an organization which has
pro' the Card to the Insured for business use; and (c) the Rented Automobile Is rented without a driver.
HOW 0 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 YO HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CLAIMS SERVICE CENTER AT: 1-800-CLAIMS-0 (1.800-2524670).
You can also go to the Comparry Web site (mmy,chubb,g?, dick on Report a Loss, select Accident, Benefits and Life claims, select the appropriate form, print out the claln 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 kiss occurs. K notice cannot be given within that fine, it
must bei given as soon as reasonably possible. To file a swum Proof of Loss, the Insured must send the following infomration to the Company or its authorized representative:
A copy of the Account statement showing the.autanobile rental transaction.
A copy f the automobile rental agreement
• A copy of the police report
A copy the initial claim report submitted to the automobile Rental Agency.
A copy f the paid claim presented by the automobile Rental Agency for the Collision Damage for which the Insured is responsible.
Proof o submission of the loss to, and the results of any settlement or denial by the applicable insurance carrier(s).
If no o r insurance is applicable, a notarized statement from the Insured to that effed.
Remin er. Please refer to the Insurance Disclosures section.
INSU NCE DISCLOSURES
Asa ha idy reference guide, please read this document and keep it in a safe place with your other insurance documents. This Summary of Cover age is not a contract of insurance but Is simply an
informs ' state-ment to eligible Insureds of the principal provisions of the insurance while in effect Complete provisions pertaining to this plan of insurance are contained in the master policy on file with
DFS Services LLC, herein referred to as the Policyholder. If a statement in this Summary of Coverage and any provision in the policy differ, the policy will govern.
Policy Underwritten By Plan Administrator .
Feder, I Insurance Company ("Compare') The Direct Marketing Group, Inc.
a member of the 13265 Bedford Avenue
Chubb Group of Insurance Companies Omaha, NE 68164
15 ntain View Road, PO Box 1615
W rren, New Jersey 07061-1651
Master Policy Number. 9906-17.63
Effective date of benefits: Effective April 1, 2007, this guide replaces all prior disclosures, program descriptions, advertising and/or brochures by any party. Policyholder and Company reserve the right
to change the benefits and features of these programs at any time.
Cancellation: Policyholder can cancel these benefits at any time or choose not to renew the insurance coverage forall authorized Cardmembers. If Policyholder does cancel these benefits, you will be
notifi at least 60 days in advance. If the Company terminates, cancels or chooses not to renew the coverage to Policyholder, you will be-notified as soonas is practicable, Insurance benefits will still
app/ 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.
Ben fits to you: These benefits apply only to Cardmembers whose cards are issued by U.S. financial institutions. The United States is defined as the 50 United States, the District of Columbia,
Ame 'can Samoa, Puerto Rico, Guam and the U.S. Virgin Islands. No person or entity other than the Card-member shall have any legal or.,equitable right, remedy, or claim for insurance proceeds
and/ r damages under or arising out of this coverage. These benefits do not apply if your Card privileges have been cancelled. However, insurance benefits will still apply for any benefit you were
eligi a for prior to the date that your Account is suspended or cancelled subject to the terms and conditions of coverage of your Cardmember Agreement
Transfer of rights or benefits: No rights or benefits provided under these insurance benefits may be assigned without the prior written consent of the Company.
Mis presentation and Fraud: Coverage of the Irisured will be void if, at any time, the Insured has concealed or misrepresented any material fact or circumstance concerning this coverage or the
subj thereof or the interest of the Insured herein, or in case of any fraud or false swearing by the Insured relating thereto.
Cove -age for an Insured will be void if, whether before or after a loss, the Policyholder or its subscribing organization(s) has concealed or misrepre-rented any material fact or circumstance concerning
this verage or the subject thereof or the interest of the Insured therein, or in case of any fraud or false swearing byte Policyholder or its subscribing organ i-za-lion(s) relating hereto.
Add! ion of New Insureds: All eligible persons will be automatically insured under this Policy.
Exa ination Under Oath: It is a condition of this insurance that the Insured and the Policyholder, as often as may be reasonably required by the Company, will submit, and within its pourer cause
other to submit, to examinations under oath and W11 produce for examination all writings, books of account, bills, invoices and other vouchers, or certified copies thereof if originals are lost, at such
rea able 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,
exam -nation of documents or any other act of the Company, its employees or representatives in connection with the Investigation of arty loss or claim will be deemed a waiver of any defense and such
acts II be deemed to have been made or done without prejudice to the Companys 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.
Sub gallon: It is a condition of this insurance that if the Company pays the Insured for a loss, it wdl require the Insured to assign and transfer any claim or right of action against any individual, firm or
corps lion for such loss to the Company or subrogate or hold in trust all such rights to the extent of the amount paid. The Insured writ agree to take action as requested by the Company to enforce such
rights Upon payment by the Company to the Insured, the Insured agrees to direct enforcement of such rights as reasonably requested by the Company and to return to the Company arty recovery to
the a tent payment of loss has been made by the Company.
Arb' lion: In the event of a dispute under this policy, either the Corn-pany or the Insured may make a w Men demand for arbitration. In that case, the Company and the Insured will each select an
arbitr, tor. The two arbi ra-tors will select a third. If they cannot agree within 15 days, either the Company or the Insured may request that the choice of arbitrafa be submitted to the American Arbitration
Assoc 'on. The arbitration will be held in the site of the Insureds principal residence.
GLOBAL TRAVELER'S HOTLINE TERMS AND CONDITIONS
The lobal Traveler's Hotline provides Cardmerbers and their families a wide range of free travel assistance benefits. It is operated by AXA Assistance USA, Inc. Visit Discovercard.com 0travel to learn
none. r
You must be a Cardmember whose Account is in good standing, the Cardmembei's spouse or dependent child traveling with the"
ber or an Authorized User of an Account in good standing.
the U.
liable
*arty Charges. Global Traveler's Hotline is not insurance, so you will be responsible for all third-party fees and expenses for services requested, such as professional or medical fees.
billty of Services. Certain services may not be available in all areas..Call us at 1.800-DISCOVER (1-800-347-2683) for assistance or if you have questions about a specific destination. Outside
i., call us collect at 1-801-902-3100. While AXA Assistance will make every reasonable effort to provide the services, neither AXA Assistancernor Discover Bank or our respective affiliates; wil be
a service is not provided or for any services that are provided by third parties. The services and these terns and conditions are subject to change without notice.
1
r
f?
EXHIBIT "C"
A
?I
1J1bL VtK
CARD
$8,256.36 ?8,256.3b-?
Payment Due Date
December 17, 2009
22 SDSN6A01 0002625
KELLY GITT
1604 HOLLY PIKE
CARLISLE PA 17015-7512
Address, a-ml3il or telephone change? Print change in space
above, or go to Discover.com. Print your e-mail address to
receive impoitant Account information and special offers.
..d .
Enter Amovr` Enc'osec 5e!aw
$1
-----7
Please make check payable to Discover Card.
Minimumpayment due includes a past due
amount of $1,6?9.00.
Will your payment get to us on time? Pay
your bill online and your payment can be
made to your account on the same day. Visit
Discover. cam/payments today.
PO BOX 6103 Ill M111111111111111111111
CAROL STREAM IL 60197-6103
III„Il????r?lll,Ir?l???lrll????rilll?????ll?ll???r?ll?rlrrll
000001986458371793361082563600000000825636
Discover More Card Account Summary i
Closing Date: November 22, 2009 page 1 of 1
Account number ending in 5990 Previous Balance $8,256.36
Payment Due Date December 17, 2009 Payments And Credits 0.00
Minimum Payment Due $8,256.36 Purchases + 0.00
Credit Limit $6,900.00 Cash Advances + 0.00
Credit Available $0.00 Balance Transfers + 0.00
Cash Credit Limit $0.00* Finance Charges + 0.00
Cash Credit Available $0.00 New Balance = $8,256.36
,.
Cashback Bonuse Opening Cashback Bonus Balance $ 0.00
New,Cashback Bonus This Period + 0.00
Cashback Bonus Balance $ 0.00
Cashbacl.Bonos® Aim-riversarry -------------------------------------------------
Date: September 22
How Can We Help YOU? 1 • Visit Discover.com to pay your bill for no cost, view your
latest Account information, earn and redeem rewards and more
It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) For fast, easy self-service
options or to speak with a Customer Service Account Manager
Please have your Discover Card available. 3. \Yrite us at Discover Card, PO Box 30943,
For TDD (assistance for hearing impaired) see reverse side Salt Lake City, UT 84130
Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence.
Information For You
Your Account is overlimit. While we are permitted under the Cardmember Agreement to charge you an Overlimit Fee, we
have chosen not to do so at this time. We reserve the right to do so if, as of the close of a billing period, your outstanding
Account balance exceeds your Account credit limit. See the Overlimit Fee section of the Cardmember Agreement For details
-----------------
4
Finance Charge Summary
Average
Daily
Balances
current billing period: 22 days
Purchases $0
Nominal Transaction
Daily ANNUAL ANNUAL Periodic Fee
Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE
Rates RATES RATES CHARGES CHARGES
0.08216'a 29.99°0 V 29.99°0 $0 $0
STOCK & GRIMES, LLP
BY: EDWARD STOCK, ESQUIRE
I.D.#13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK
Plaintiff
VS.
KELLY GITT
1604 Holly Pike
Carlisle, PA 17105-7512
Defendant(s)
Attorney for Plaintiff
c O n
n: i
COURT OF COMMON PLEAq .
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 10-2327 Civil Term"
PRAECIPE TO REINSTATE CIVIL ACTION COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Civil Action Complaint filed
in regard to the above matter.
DATE: 8/31/10
EDWARD:8 P.
O
4to.oo PA A rtY
-Pd 135q
2g8o9q
SHERIFF'S OFFICE OF CUMBERLAND COUN'T'Y
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
~~~,tta of 41tit~t~r~l~~$
~~, . ~r,
cr~~ ~ -~~~ ~~ti~tF~
~"t ~ g ~ ~ fi'-~f0 ~0 f~P,'~
2~-U OCT I t~ ~~# 11, ~?
~UN9$t~dL~t~sD C03J~ii ~~'
~'~P~~~~S 1't.V~ ~~l~'~
Discover Bank Case Number
vs. 2010-2327
Kelly A. Gitt (et al.)
SHERIFF'S RETURN OF SERVICE
10/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on October 13, 2010 at
1355 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Kelly A. Gitt. After several attempts the Complaint and Notice has expired.
SHERIFF COST: $49.60 SO ANSWERS, ''~
October 13, 2010 RON R ANDERSON, SHERIFF
(c, CountySuite Shenff, Teleasoft Inc.
STOCK & GRIMES, LLP {
By: FRANCIS X. GRIMES, ESQUIRE
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
Attorney For Plaintiffs
DISCOVER BANK COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
V.
No. 10-2327 CIVIL TERM
KELLY GITT
CIVIL ACTION
Defendant
MOTION FOR ALTERNATE SERVICE
Plaintiff, Discover Bank, by and through its undersigned counsel,
moves the Court to permit alternate service of the Complaint on the
Defendant, Kelly Gitt, pursuant to Pennsylvania Rule of Civil Procedure
by Certified Mail, RRR, Regular Mail and by posting the property,
respectfully represents as follows:
1. Plaintiff instituted this action against Defendant by
Complaint on April 7, 2010 regarding an outstanding credit obligation
owed by Defendant to Plaintiff.
2. The Defendant is an individual whose last known address is
1.604 Holly',Pike, Carlisle, PA 17015-7512 by Certified Mail.
3. Plaintiff attempted service of the Complaint upon Defendant
at the above address by the Sheriff of Cumberland County.
4. On October 13, 2010, the Sheriff of Cumberland County
returned service indicating several attempts. A true and correct copy
of the Sheriff's return of service is attached hereto and marked
Exhibit "A".
5. Plaintiff, through counsel, confirmed Defendant's last known
address by the local Post Office which confirms Defendant's residence
as 1604 Holly Pike, Carlisle, PA 17015-7512 by Certified Mail. A true
and correct copy is attached hereto and marked Exhibit "B"
6. Furthermore, Plaintiff confirmed Defendant's last known
address at 1604 Holly Pike, Carlisle, PA 17015-7512 by Certified Mail,
through Board of Assessments of Cumberland County. A true and correct
copy is attached hereto and marked Exhibit "C".
7. Plaintiff believes that Defendant is intentionally absenting
herself from this county or otherwise intentionally avoiding service of
process.
8. Based upon the exhaustive investigation by counsel for
Plaintiff and the diligent efforts attempting to serve the Defendant,
Plaintiff respectfully requests that service of process for Defendant
be permitted by Certified Mail, RRR, Regular Mail and by posting the
property.
9. Plaintiff, through counsel, believes that additional inquiry
will not reveal a new forwarding address for Defendant.
WHEREFORE, Plaintiff respectfully requests the Court to grant the
above requested relief.
Date: CIS X. 1(;RIAS, ESQUIRE
Attorney fob Plaintiff
STOCK & GRIMES, LLP
By: FRANCIS X. GRIMES, ESQUIRE
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
Attorney For Plaintiffs
DISCOVER BANK COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
V.
No. 10-2327 CIVIL TERM
:KELLY GITT
CIVIL ACTION
Defendant
MEMORANDUM OF LAW
Pursuant to Pennsylvania Rule of Civil Procedure, Plaintiff
requests the Court to permit substituted service upon the Defendant.
Plaintiff has been unable to effectuate service at Defendant's last
known address although Defendant appears to reside at the last known
address. Plaintiff, therefore, moves for a special order directing
service by Certified Mail, RRR, Regular Mail and by posting the
property at 1604 Holly Pike, Carlisle, PA 17015-7512 by Certified Mail.
See Goodrich-Amram, Standard Pennsylvania Practice Sec. 2080:10.
Defendant's last known address is 1604 Holly Pike, Carlisle, PA 17015-
7512 by Certified Mail. The Sheriff of Cumberland County has been
unable to effect service personally at Defendant's last known address,
despite the Defendant being the titled owner to the property.
Accordingly, Plaintiff submits that service by Certified Mail,
RRR, Regular Mail and Posting the Property is warranted under the
circumstances. The sending of a copy of the Complaint is deemed
sufficient "service" of the Notice of Suit upon Defendant. Plaintiff,
therefore, respectfully requests that such service be 'permitted.
Date:
F?ANCIS X. G IM , ESQUIRE
Attorney for Plaintiff
STOCK & GRIMES, LLP
By: FRANCIS X. GRIMES, ESQUIRE
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
Attorney For Plaintiffs
DISCOVER BANK COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
V.
No. 10-2327 CIVIL TERM
KELLY GITT
CIVIL ACTION
Defendant
AFFIDAVIT
I, FRANCIS X. GRIMES, ESQUIRE, being duly sworn according to law,
de depose and say that he is the attorney personally responsible for
the handling of the herein matter, and that the facts set forth in the
within Motion for Alternate Service is true and correct to the best of
his personal knowledge and information.
FRANCIS X. G
Attorney for
Sworn to and upscribed
by lev this A pm day
of / J 2 010. .
Notary P
F , ESQUIRE
aintiff
COMMONM AE?M OF FENN5Y MANIA
I`ar h r? ° ? ? ;1iu -Notary Pubhc
Amery COpf1{y
I?` CC?d1?,; i? ,_ EXPIRESIjAN 17, 2??d
STOCK & GRIMES, LLP
By: FRANCIS X. GRIMES, ESQUIRE
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
Attorney For Plaintiffs
DISCOVER BANK
Plaintiff
V.
KELLY GITT
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 10-2327 CIVIL TERM
CIVIL ACTION
CERTIFICATION
I, FRANCIS X. GRIMES, ESQUIRE, hereby certify that the Motion for
Alternate Service has been served by First Class Mail, Postage prepaid
to the Defendant's last known address located at 1604 Holly Pike,
Carlisle, PA 17015-7512 by Certified Mail.
Date: SQUIRE
ntiff
EXHIBIT "A"
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Discover Bank
VS. Case Number
Kelly A. Gift (et al.) 2010-2327
SHERIFF'S RETURN OF SERVICE
10/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on October 13, 2010 at
1355 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Kelly A. Gitt. After several attempts the Complaint and Notice has expired.
SHERIFF COST: $49.60 SO ANSWERS,
2a
October 13, 2010 RON R ANDERSON, SHERIFF
fcj COU"t Suits 5?ercf, TVeosoft. irk.
EXHIBIT "B"
Attn: Key Desk
Postmaster
Carlisle, PA 17015
Request for Change of Address or Boxholder
Information Needed for Service of Legal Process
Please furnish the new address or the name and street address (if a boxholder) for the following:
Name: Kelly A. Gitt
Address: 1604 Holly Pike, Carlisle, PA 17015-7512
NOTE: The name and last known address are required for change of address information. The name, if known and
post office box address are required for boxholder information.
The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder
information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and
(2) and corresponding Administrative Support Manual 352.44a and b.
1. Capacity of requester (e.g., process server, attorney, party representing himself:
EDWARD STOCK, ATTORNEY, STOCK & GRIMES, LLP
2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party
acting pro se - except a corporation acting pro se must cite statute).
N/A
3. The names of all known parties to the litigation,: DISCOVER BANK and
Kelly A. Gitt
4. The court in which the case has been or will be heard: District Court
5. The docket or other identifying number if one has been issued: 10-2327
10/20/2010
6. The capacity in which the individual is to be served (e.g. defendant or witness): Defendant
" WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER
INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR
PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT
OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH
(TITLE: 18 U.S.C. SECTION 1001).
I Certify that the above information is true and that the address information is needed and will be used solely for the service of legal process
in connection with actual or prospective litigation.
804 WEST AVENUE
Signature Address
EDWARD STOCK JENKINTOWN, PENNSYLVANIA 19046
Printed Name City, State, Zip Code
?Good as addressed
No change of address order on file.
_ Not known at address given.
_ Moved, left no forwarding address.
No such address.
. FOR POST OFFICE USE ONLY
NAME AND NEW ADDRESS or BOXHOLDE
EXHIBIT "C"
TaxDB Result Details
Detailed Results fo r Parcel 40-10-
DistrictNo 40
Parcel ID 40-10-0632-019.
114apSuffix
HouseNo 1604
Direction
Street HOLLY PIKE
Qwnerl GITT, KELLY A
C/0
PropType R
1'ropDesc
LivArea 1779
CurLandVal 29000
CurImpV al 84660
CurTotVal 113660
CurPref Val
Acreage .70
CiGrnStat
TaxEx 1
SaleAmt 1
SaleMo 01
SaleDa
r 26
SaleCe 20
SaleYr 06
DeedBkPage 00272-04580
YearBit 1945
II IF File Date 03/03/2005
11+ Approval_Status T
Page I of 1
0632-049. in the 2004 Tax Assessment Database
' littp //taxdb.cepa.net/details.asp?id=40-10-0632-019.&dbselect=l
10/20/2010
STOCK & GRIMES, LLP
BY: FRANCIS X. GRIMES, ESQUIRE
I.D. NO.: 62404
804 West Avenue
Jenkintown PA 19046
(215) 576-1900
DISCOVER BANK
Plaintiff
V.
KELLY GITT
Defendant
Attorney for Plaintiff
9
COURT OF COMMON PLEAS„
Jab
CUMBERLAND COUNTY F `
CIVIL ACTION-LAW
No.: 10-2327 CIVIL TERM
ENTRY OF APPEARANCE
Kindly enter my appearance on as co-counsel on behalf of the
Plaintiff, Discover Bank, in the above-captioned matter.
STOCK
DATED: 11/5 6? BY:
IMES, LLP
FR7fflqCIS X. GRIMES, ESQUIRE
A+y/f-orney for Plaintiff
NOV 10 Zulu
S
I
DISCOVER BANK
Plaintiff
v.
KELLY GITT
Defendant
AND NOW, this If day of
ORDER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
:
No. 10-2327 CIVIL TERM
?
rrtCp ° '?t
O
-
Wrte -? .ter
Jbb
CIVIL ACTION r
64
Z c7 3
_
b
x
G
p Cl)
'
m
_y Y
-- b
< C
2 010 , upon
consideration of Plaintiff's Motion for Alternate Service directing
service by Posting the Property, Certified Mail, RRR and Regular Mail
on Defendant, Kelly Gitt, and it appearing to the Court that Plaintiff
has made a good faith effort to locate Defendant in the regular course,
it is hereby ORDERED that the said Motion is GRANTED, and service upon
Defendant, Kelly Gitt, is to be made at 1604 Holly Pike, Carlisle, PA
17015-7512 by Certified Mail, RRR, Regular Mail and by posting the
property.
copy .??It?
BY THE COURT:
J.
STOCK & GRIMES, LLP
BY: EDWARD STOCK, ESQUIRE
I.D.#13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK
Plaintiff
VS.
KELLY GITT
1604 Holly Pike
Carlisle, PA 17015-7512
Defendant(s)
Attorney for Plaintiff
(7) ?? C?
- a ---!
r
N
I - "4 c;
COURT OF COMMON PI CD-?ri
CUMBERLAND COUNTY „e r
CIVIL ACTION-LAW r
NO. 10-2327 Civil Term
PRAECIPE TO REINSTATE CIVIL ACTION COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Civil Action Complaint filed
in regard to the above matter.
DATE: 11/19/10
Oye ??.aa.5`i
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Discover Bank
vs.
Kelly A. Gift (et al.)
?ttititr? 01 4iuub,
is
?F FILED-OFFICE
' PRO 14QraRY
"16 DEC -2 pN 3:40
CUMBERLAUD COUNTY
PE,NjgSYLVAQ
Case Number
2010-2327
SHERIFF'S RETURN OF SERVICE
11123/2010 06:19 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November
23, 2010 at 1819 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Kelly A. Gift, pursuant to order of court by posting the premises located at 1604 Holly
Pike, Carlisle, Cumberland County, Pennsylvania 17015 with a true and correct copy according to law.
SHERIFF COST: $39.40
November 29, 2010
r?
DENNI RY, DE
SO ANSWERS,
RbNI`tNY R ANDERSON, SHERIFF
ic! GouotySuite Shetiff leiecscil. b;c;.
STOCK & GRIMES, LLP Attorney for Plaintiff
BY: Edward Stock, Esquire
I.D.#13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK COURT OF COMMON PLEAS
12 Reads Way CUMBERLAND COUNTY
New Castle, DE 19720 CIVIL ACTION-LAW
Plaintiff No. 10-2327 Civil Term
VS.
c>
KELLY GITT MM
1604 Holly Pike zrnm -ate
Carlisle, PA 17015 XA ::Cc)
Defendant(s)
r--
-?
-
?
n
?-n
=o
r'c=
-' ors
CERTIFICATION OF SERVICE x
0 v
Edward Stock, Esquire, Attorney for the Plaintiff herein,
certifies that on December 7, 2010 he mailed to the Defendant,
Kelly Gitt, 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 as well as Certified Mail, Return Receipt
Requested, to the Defendant at the address designated in the
attached Exhibit, pursuant to the Court Order attached
hereto.
J
DATE: 6/14/11
EDWARD STOCK, U RE
Sr
L;t:HTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Providec
For delivery information visit our website at www ??.
o
ru ?
r
co Postage $ /
M Certified Fee
C3
C3 Return Receipt Fee Postmark
O (Endorsement Required) Here
Restricted Delivery Fee
Q (Endorsement Required)
r-U
O Total Postage & Fees
O Sent
O Stre f, -- --- --
---
-
--
- ----- -- ---------
r*,- orP No. -
?.? ,gam
-
ss
ti
SS
d
r-
r-l
ni
Ln
0
ti
0
CD
C3
0
0
0
0
E"
ti
0
0
r=l
0
N
E
cc
2
N
N
V
N
LJ..
W
G O
O N 97?
IJI
W ?1/ L
11toLu°
CL QQ U
a
CL t a
to c u.
r? a w
31 ? J
??1??vn o <
CD
a ?
? o
y C," Q
N
CC o0 ??-
•
Q
W
H
W
a
o d W
c?
C7aQ Q G
?
z
x ?; w
? ? U U
I
•
December 7, 2010
Ms. Kelly Gitt
1604 Holly Pike
Carlisle, PA 17015
Re: Discover Bank vs. Kelly Gitt
CCP Cumberland County
No. 10-2327 Civil Term
Dear Ms. Gitt:
•
Pursuant to the Court's Order, a copy of which is enclosed for your reference, Plaintiff
serves upon you a true and correct copy of the Civil Action Complaint in the above captioned
matter.
Please be guided accordingly.
ES:kd
Enclosures
CERTIFIED MAIL, RRR
REGULAR MAIL
Very truly yours,
EDWARD STOCK
YOU ARE PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT A
CONSUMER DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
• - .
DISCOVER BANK COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
V.
No. 10-2327 CIVIL TERM
KELLY GITT
CIVIL ACTION
Defendant
ORDER
AND NOW, this /S-4"day of , 2010, upon
consideration of Plaintiff's Motion for Alternate Service directing
service by Posting the Property, Certified Mail, RRR and Regular Mail
on Defendant, Kelly Gitt, and it appearing to the Court that Plaintiff
has made a good faith effort to locate Defendant in the regular course,
it is hereby ORDERED that the said Motion is GRANTED, and service upon
Defendant, Kelly Gitt, is to be made at 1604 Holly Pike, Carlisle, PA
17015-7512 by Certified Mail, RRR, Regular Mail and by posting the
property.
BY THE COURT:
J.
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.
KELLY GITT
1604 Holly Pike
Carlisle, PA 17015
Defendant (s)
Attorney for Plaintiff
o o
rnoo
-um
COURT OF COMMON PLEAygz':
CUMBERLAND COUNTY -0
CIVIL ACTION-LAW r m
C
-4
No. 2010-2327 Civil Term
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter Judgment by Default in favor of the
Plaintiff, Discover Bank, and against the Defendant(s),
Kelly Gitt, for failure to Answer the Civil Action
Complaint. Assess Plaintiff's damages in the sum of
$8256.36 in accordance with the prayer of the
Complaint.
DATE: 6/14/11
EDWARD S OC RE
0 60
c? avq??
??aGo? y
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, Kelly Gitt, is an adult individual and resides at 1604 Holly Pike,
Carlisle, PA 17015.
(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 COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff CIVIL ACTION-LAW
VS. NO. 10-2327 Civil Term
KELLY GITT
Defendant(s)
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 January 4, 2011 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 the court as well as
the posting of the property by the Office of the
Sheriff.
DATE: 6/14/11
EDWARD OC
DISCOVER BANK
Plaintiff
vs.
KELLY GITT
Defendant(s)
TO: Kelly Gitt
1604 Holly Pike
Carlisle, PA 17015-7512
Date: January 4, 2011
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 10-2327 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 AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A 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 BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERENCE SERVICES
COURT ADMINISTRATOR-CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR, ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-620
EDWARD STOCK, ESQUIRE
Attorney for Plaintiff
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
NAME AND ADDRESS CERTIFICATION
I hereby request the Prothonotary to enter the within judgment against:
Kelly Gitt
1604 Holly Pike
Carlisle, PA 17015-7512
defendant(s) within named, the last named address of the defendant or defendants
being as shown above, and I hereby certify that the precise address of the
Judgment Creditor is:
Discover Bank
12 Reads Way
New Castle, DE 19720
Plaintiff
(Signature required for filing)