HomeMy WebLinkAbout10-2334T
Our File No.: 254554
APOTHAKER & ASSOCIATES, P.C.
BY:I1 David J. Apothaker, Esquire
Attorney I.D. #38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(80() 672-0215
Attorneys for Plaintiff
DISCOVER BANK
650 NEW ALBANY ROAD
NEW ALBANY, OH 43054
Plaintiff,
T?,e?,? .;._
,
L,'OTIARY
11FJ I
-7 (ji
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: I() _,g2aq l -le r M
vs.
KELLY A MAXWELL-DICE
332 10TH ST
NEW CUMBERLAND, PA 17070-1306
Defendant.
NOTICE
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 attorney and filing in writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIN OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
0__
+9&.00 NO A71-4
CVO 175836
?'? a4o131
Our Fi;c No.: 254554
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire
Attorney I.D. #38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(80C) 672-0215
Attorneys for Plaintiff
DIS OVER BANK
650 NEW ALBANY ROAD
NEW ALBANY, OH 43054
Plaintiff,
VS.
KELLY A MAXWELL-DICE
332 10TH ST
NEW CUMBERLAND, PA 17070-1306
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO..
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff is DISCOVER BANK, 6500 NEW ALBANY ROAD, NEW ALBANY, OH 43054.
2. Defendant(s) is/are KELLY A MAXWELL-DICE, an adult individual residing at 332 10TH ST
CUMBERLAND, PA 17070-1306.
3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to
s), Account #6011002096486907.
4. Defendant received, accepted and used the account to its benefit.
5. This account is in default and Defendant(s) has an unpaid balance of $11,060.62. A true and correct
of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A".
6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are
in Exhibit "A".
7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$11,(60.62 and requests this Court award costs to the extent permitted by applicable law.
46
APOTHAKER & ASSO S, P.C.
Attorney for ainti
A Law Firm EnRaae in Deb Collection
BY:
David J
: 3/31/2010
Our File No.: 254554
VERIFICATION
hereby states that I am counsel for plaintiff in this action, and that I am
and
prized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true
correct to the best of my knowledge, information, and b f. The undersigned understands that the statements
,in are made subject to the penalties of 18 Pa.C.S.A. 49 relating to unworn falsification to authorities.
David J. Ap
Attorney
ker, Esquire
Plaintiff
DATE: 3/31/2010
DISCOVER BANK
Y A MAXWELL-DICE
33210TH ST
NEW CUMBERLAND, PA 17070-1306
STATEMENT OF ACCOUNT
Debtor's Name: KELLY A MAXWELL-DICE
Number: 6011002096486907
Our
Due: $11,060.62
No.: 254554
EXHIBIT "A"
Our File No.: 254554
APOTHAKER & ASSOCIATES, P.C.
By: Benjamin J. Cavallazo, Esquire
Attorney I.D. #307949
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
DISCOVER BANK
Plaintiff
vs.
KELLY AMAXWELL-DICE
Defendant
Civil Action
MOTION FOR SUIVIlVIARY JUDGMENT
Plaintiff, DISCOVER BANK, respectfully requests that the Court enter an Order granting
Summary Judgment in its favor for the following reasons:
1. There are no genuine issues of material fact to decide.
2. Plaintiff, DISCOVER BANK, filed a Complaint to recover a $11,060.62 balance
on the defendant's delinquent account with DISCOVER BANK. A copy of Plaintiff s
Complaint is attached hereto as Exhibit "A" and incorporated by reference herein.
3. Defendant, KELLY AMAXWELL-DICE, filed an Answer to the Complaint in
which defendant admits owing the debt but disputes the amount sought by Plaintiff. A copy
of Defendant's Answer is attached hereto as Exhibit "B" and incorporated by reference
herein.
4. In support of its claim Plaintiff attaches hereto the Cardmember Agreement and
,;~ ~ ~IC~~;~, ; ,~ pp
ZOl4 ~8 ~ ~'`~.~~n~-~~v
V1~1.L)Y~L ~~.i yfF ~~~
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 10-2334 CIVIL TERM
final credit card statement for defendant's account.
5. Said statement evidences an outstanding balance on defendant's account matching
the damages Plaintiff seeks herein.
6. Defendant has failed to sustain the burden of presenting facts which contradict the
averments of Plaintiff's Complaint.
7. Plaintiff has demonstrated that there is no genuine issue of triable fact.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against
Defendant(s) for the sum of $11,060.62.
APOTHAKER & ASSOCIATES, P.C.
Attorney for Plaintiff
A Law Firm Engaged in~ebt Collection
BY:
J. Cavallazo, Esquire
Dated: June 14, 2010
Our File No.: 254554
APOTHAKER & ASSOCIATES, P.C.
By: Benjamin J. Cavallazo, Esquire
Attorney I.D. #307949
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800)672-0215
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF
DISCOVER BANK ) CUMBERLAND COUNTY
Plaintiff )
vs. ) NO.: 10-2334 CIVII, TERM
KELLY AMAXWELL-DICE ) Civil Action
Defendant )
PLAINTIFF'S BRIEF IN SUPPORT
OF ITS MOTION FOR SUMMARY JUDGMENT
Facts
Plaintiff, DISCOVER BANK, by the undersigned attorneys, respectfully submits this
brief in support of its motion for an order for Summary Judgment. Plaintiff extends credit for
purchases made by customers who assent to a credit agreement. In the agreement, Plaintiff
promises to extend a credit account to the customer in consideration of the customer's promise to
repay in full the outstanding balance due plus interest incurred. Defendant, KELLY A
MAXWELL-DICE, entered into a credit agreement with the Plaintiff. Defendant purchased
goods pursuant to the credit agreement. As Defendant has failed to make payments in accordance
with the credit agreement on the outstanding balance, defendant is in breach of contract.
Plaintiff filed a Complaint on or about March 31, 2010. Defendant filed an Answer, in
which defendant admits the existence of this debt, and claims to be liable on this account.
Defendant requests proof of the balance sought by Plaintiff, however. In support of its claim
Plaintiff attaches hereto the Cardmember Agreement and final credit card statement for
defendant's account. Said statement evidences an outstanding balance on defendant's account
matching the damages Plaintiff seeks herein. Plaintiff has successfully established the requisite
elements of its claim, a contractual duty, a breach of said duty and resulting damages. As there
are no genuine issues of material fact to be decided, Plaintiff is entitled to Summary Judgment.
Legal Ar ent
Pa.R.C.P. No. 1035.2 states that a Motion for Summary Judgment may only be granted
when there is no genuine issue of material fact as to a necessary element of the cause of action or
defense which could be established by additional discovery or expert report. Pa.R.C.P. No.
1035.2(1). A material fact for motion on summary judgment is one that directly affects the
outcome of the case. Fortney v. Callenberger, 801 A. 2d 594 (Pa. Super. 2002). Application of
this rule has held that summary judgment may be granted only in those cases where the right to
summary judgment is clear and free from doubt. Laich v. Bracey, 776 A. 2d 1022, (Pa.Cmwlth.
2001).
The purpose of the summary judgment procedure is to prevent vexation and delay,
improve the machinery of justice, promote the expeditious disposition of cases and avoid
unnecessary trials when no genuine issue of material fact is raised. A motion for summary
judgment shall be granted if the documents of record show there is no genuine issue as to any
material fact and that the moving party is entitled to judgment as a matter of law. Pa.R.C.P.
§ 1035(b); Allen v. Merriweather, 413 Pa. Super. 410, 411 (1992); Beasel v. New Blvd. Baking
Co. Inc;, 410 Pa. Super. 591, 593 (1991). In making its determination, the Court must accept as
true all properly pleaded facts, as well as all reasonable inferences which might be drawn
therefrom. Thompson v Nason, 379 Pa. Super. 115 (1988), aff d 527 Pa. 330 (1991). The Court
must restrict its review to material filed in support of and in opposition to the motion for
summary judgment, and to uncontroverted allegations in the pleadings. Pa.R.C.P. §1035; Overly
v. Kass, 382 Pa. Super. 108 (1989).
The party requesting Summary Judgment bears the burden of demonstrating clearly. that
there is no genuine issue of material fact. Driscoll v. Carpenters District Council of Western
Pennsylvania, 370 Pa. Super. 295 (1988); afJ"d, 525 Pa. 205 (1991); Allen, 413 Pa. Super. at 411;
Beasel, 410 Pa. Super. at 594; Hower v. WhitmarkAssoc~ 371 Pa. Super 443 (1988). In response,
the nonmoving party may not rest upon the pleadings, but must set forth specific facts
controverting the movant's case. Pa.R.C.P. §1035.3; Phaff v. Gerner, 451 Pa. 146 (1973). A
review of the pleadings as a whole in the instant case reveals that Defendant has failed to sustain
its burden of presenting facts which contradict the elements of Plaintiff's claim.
Conclusion
Plaintiffhas demonstrated sufficient facts to warrant summary judgment in its favor.
Once Plaintiff satisfies its burden, Defendant must demonstrate facts which would create a
genuine issue for trial. Phaff, supra. Defendant has failed to sustain its burden of presenting
facts which would contradict the elements of Plaintiff's claim.
WI~REFORE, Plaintiff demands Judgment in favor of Plaintiff and against
Defendant(s) for the sum of $11,060.62.
APOTHAKER & ASSOCIATES, P.C.
Attorney for Plaintiff
A Law Firm Engaged in Debt Collection
BY:
J. C`avallaro, Esquire
Dated: June 14, 2010
Our File No.: 254554
APOTHAKER & ASSOCIATES, P.C.
By: Benjamin J. Cavallazo, Esquire
Attorney I.D. #307949
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF
DISCOVER BANK ) CUMBERLAND COUNTY
Plaintiff )
vs. ) NO.: 10-2334 CIVIL TERM
KELLY AMAXWELL-DICE ) Civil Action
Defendant )
CERTIFICATION OF SERVICE
I, Benjamin J. Cavallazo, Esquire, attorney for Plaintiff, certify that on June 14, 2010, I
mailed a copy of Plaintiffs Order, Motion for Summary Judgment and Brief in support thereof
to:
KELLY AMAXWELL-DICE
332 10TH ST
NEW CUMBERLAND, PA 17070-1306
APOTHAKER & ASSOCIATES, P.C.
Attorney for Plaintiff
A Law Firm Engaged in I~,ebt Collection
BY:
J. C/avallazo, Esquire
Dated: June 14, 2010
'r
Our Fie No.: 254554
APO"THA.~ER & ASSOCIATES,, P.C.
B'Y: David J'. Apothaker, Esquire "`'
,
Attorney I.D. #38423 ~~--
, , ~~' ~
_~
520 Fellowship Road C306 . ~ y„y, f, `~
IVlount Laurel, NJ 4$Q54 L. , ~ ~ ,
(80Q) 672-0215 ~' _ '"`3 ,_..~ ~
Attorneys for Plaintiff ~'
DISCOVER BANK
} L ~
COURT OF COMMON PLEAS ~„~ ~,;,
~ ~
6500 NEW ,ALBANY ROAD ) CUMBERLAND COUNTY ``` "`'
NEW ALBANY, OH 43054 ) ~~~ _
3 NO-~ IO - d3~~ 1.,:1vi l
Plaintiff,
vs.
KELTY AMAXWELL--DICE
332 IUTI-I ST J
NEW CUMBERLAND,. PA 17470-1346 }
Defendant.
NOTICE
You have been sued in court. If you wish to defend agauast 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 attorney and fling in writing with the court your .defenses or objections to 'the.
claims set forth against you. You. are warned that if you fail to do so the case .may proceed without. you and a
judgment may be entered. against you by the court without further notice for any money claimed in 'the
complaint or for any .other claim or relief requested by -the plaintiff. You. may lose money or property or other
:rights important to you.
'YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A
LAWYER OR CANNOT` AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIi BET UW TO
FIND OUT WHERE YOU CAN GET- LEGAL HELP..
TF YOU CANNOT AFFORD Tt? :HIRE A LAWYER, THIS OFFICE MAY $E ABLE TD PROVIDE
YOU- WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO'ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE PA .17013
'717-249-3166.
~~ C {--
t ~~ ~ :3
ry` i {'j t r'
Our File No.: 254554
APOTHAKER & ASSQCIATES, P.G.
BY David J. Apothaker, Esquire
Attorney I.D. #3$423
524 Fellowship Road C306
Mount Laurel, NJ 0$054
(800)572-0215
Attorneys for Plaintiff
DISCOVER BANK.
6500 NEW ALBANY ROAD
NEW ALBANY, OH 43054
plaintiff,
vs,
KELLY lA MAXWELL-DICE
332 IOTH ST
NEW CUMBERLArTD, FA 17070-1306
Defendant.
COURT OF COMMtaN PLEAS
CUMBERLAND COUNTY
NO.:
CIVIL ACTION COMPLAINT
FIRST CgUNT
1. Plaintiff is DISCOVER BANK, 6500 NEW ALBANY ROAD, NEW ALBANY,. OH 43054.
2. Defendant(sj is/are KELLY A MAXWELL-DICE, an adult. individual residing at 332 lO:TH ST
NEW CUMBERLAND, PA 17070-1306.
3. At the special instance and.. request of Defendant, Plaintiff, DISCOVER BANK, issued to
Defendant(s),, Account #6011002096486907.
4. Defendant received, accepted and used the account to its benefit.
5. This account is in dhfault and Defendant(s) has an unpaid. balance of $11,060.62. A true and coz7rect
copy of the total due and owing is axtached hereto, made. a part hereof and marked as Exhibit "A".
6. All credits, if any, to which Defendant(s). is eniitled, have been applied to the account and. are
included. in Exhibit "A".
~. Although demand has been made, Defendant(s) has failed to make. payment of the amount .due as
above.
WHEREFQRE, Plaintiff demands. judgment in favor of Plaintiff and against Defendant(s) far the sum of
$ i 1,060.62 and requests this Court award costs to the extent permitted by applicable -taw.
AP'OTHAICER & ASS , P.C.
Attorney for
A Law Firm Engag xn De Collection
BY:
David J. Apot~al4~e~sQUire
Dated;: 313112010
Our File No.: 254554
VER~FICATIUN
David J. Apathaker Esquire ~~ hereby states that I am counsel for plaintiff in this action,. encl. that I am
authorized to take this. Verification, and that the statements ..made in the foregoing Civil Actipn Complaint are true
and correct to the best of my knowledge, information, and
The undeirsigned understands that the statements
therein are made subject. to the penalties of 18 Pa,CS.A.
.relating to unsworn falsification to authorities.
David J. A thaker, Esquire
Attorney Plaintiff
DATE: 3/31/201Q
DlscovER BANK
KELLY A 14lAXWELL-DICE
332 10TH ST
:NEW CUMBEKLAIVD, PA 1?070-1306
STATEIviEIVT QF AGCUUNT
Debtor's Name: KELLY A lV1AXWELL-DICE.
Account Number: 6011002096486907
Balance Due: $11,060.62.
fur File No.: 254554
"EXHIBIT "A"
254554
Request for Service
R Thomas Kline Sheriff
Cumberland County Office of the Sheriff
One. Courthouse Square
Caziisle, PA 17413
Ph: '71.:7.240.6390
Fx: 717=240-6397
Court Number:
DISCOVER BANK. ~xpiratiom Date.:
Type of Action:
Civil. Action
KELLY A NIA~'WELL-DICE
Serve tJponi: --
KELLY AMAXWELL-DICE
Address for Service:
33210TH ST
NEW CUMBERLAND, PA 17070-1.306
Alternate Address for Service:
Type of Service:
()Personal (~ Adult in Charge (j Deputize ()Certified Mail. ()Pasting
:Special Service Instructions:
** If service is xo be made by deputzedservice to another county please specify which
county
Filing Attorney information:
Name: Apothaker & Associates, PC.
Address: 520 Fellowship Road 0306
Mount Laurel, N7 08454
Telephone: 215-534-8920
~'~'"
May 11, 2010
Cumberland County Prothonotary
t Courthouse Sq.
Suite 1 {}~
Carlisle, PA 1701.3
RE: DISCOyER BANK vs. KELLY A. MA.~VITELL-DICE
CUURT OF CQMMC,IN PLEAS
CUMBERLAND COUNTY
D(3CKET Na.; 10-2~3~ CIYIL'TERM
Uear Cumberland County Prothonotary:
Please file the enclosed Answer in the above matter.
By copy of this letter, I axn forwarding same tQ DAVID J. APOTHAKER, APC}TI-IA.KER 8z ASSOCIATES,
P.C., 520 FELLOI?VSHIP RD 0306, MOUNT LAUREL, NJ 08054.
Thank you for your assistance in this matter.
Sincerely,
r ,..
~'' 4 ~ ~ fi ,p~ "' ,
KELLA. MAXWELI;-DICE
Enclosures: original Answer, Certificate of Service
cc: DAVID J. APOTHAKER, ESQUIRE, APOTHAKER & ASSOCIATES, P.C. w! enclosures
p Mar i a eoro IU
DISCOVER BANK
6500 NEW ALBANY RD,
NEW ALBANY, OH 43054
vs,
KELLY A. MAXWELL-DICK
332 10TH ST.
NEW CUMBERLAND, PA 1 fi070- i 306
GOIJRT OF COMMON. PLEAS
CUMBERLAND COUNTY
DOCKET NO,; i0-2334 GiVII:, TERM
Gomel the Defendant, KELLY A. MAX WELL-DICE, and far her answer to the Complaint filed herein
against her states as (allows;
1. Admit.
2. Admit.
3. Admit.
4. Admit.
5. Defendant does not have knowledge if amount stated in paragraph 5 is accurate. Supporting documentation.. is
requested.
6, Admit.
7. Defendant entered into a debt management program with Sierra Financial Solutions in May of 2U09.
Defendant is attempting to negotiate a settlement with Plaintiff, through Sierra Financial Solutions, 2222
Michelson Dr., Ste. 222-601, Irvine, GA 93512-1332 Ph. 949-777-2396 Fax 949-77?-3481, who has
Limited Power of Attorney to negotiate on behalf of the Defendant.
WHEREFORE, Defendant prays that the Complaint #iled herein against her be dismissed; far her costs
herein expended; and far any and all other just and proper relief.
/ ~" x
~ ~.eL~f~~ ,Pro Se *~
KELL A. MAXWELL-I71GE 3=.
332 10TH ST. ~.
NE'UV CUMBERLAND, PA 17074
717-770-2233 i ~
.....
..
CERTIFICATE OF SERVICE
In the matter of DISCOVER BA1ti1K vs. KELLY A. MAXWELL-DICE, C4UftT OF CC7MMON FLBAS,
CUIvIBERLAND C:OUN'I'Y, DOCKET NO: 10-2334 CIVIL TERM.
1 hereby certify that I have this I 1 TH day of MAY, 20 0, served DAVID 1. APUTHAKFR., ESQUIRE,
APOTHAKER & ASSOCIATES„ P.C., 524 FELLOWSHIP ItD. C3IJb, MOUNT LAUREL, NJ U8f154 with
the foregoing Answer by placing sane in the I1. S. Mail, postage First Class, pre-paid.
ti
May l I, 2010
New Baance Minimum Payment Due Account Number ending in 6907
DISCDYER 611,060.62 s2,oa1.5u Ender Ainourrt Errabsed Below
CARD
Paymerd Due Doh ~ ~~~~
September 2B, 2004
os sosHarwoti ooaoats
KELLY MAXYELL-DICE
332 10TH ST
NEW CUMBERLND PA 17070-13D6
w0 you' paymentget to us on ttmet' Pay
your WU online and yaa~ palnnenf can t»
anode to your aeooud on the wma day. Visit
Discavaeam/paymaMs today.
PO SOX 71os4 III•..11•.J1rr•••lid..•
CHARLOTTE NC 28272-1084
Addross,etnaii~teleplwnechongaYPri~rtChangernnpace I I~~u~u•~i~~inln~•li•~Ill~u.ln~u~ullu~r•~u~•~•.~~
above, or 9o to Diseovx.a~nrr. Prurt yax amail oddness b rs ~
reesiva important AeeournF information and apeeial olFsrs. '
OD0003966458138684440~1DbDb200DOD000208150
'Discover More Card Account Summary
tlosing Dofa: Ssptamb~r 3, 2009 page 1 of L
Accaxd number ending in 6907 Prwious 8alonce 611,060.62
°. Paymerd Due Dots September 28, 2009 Paymerds And CrediRs - 0.00
Minimum Payment Dw ;2,081.50 Purchwss + 0.00
iCredff iimff 29,100.00 Cash Advance. + 0.00
'Credit Available 60.00 Balance Trarsfsrs + 0.00
Cash Cradif Limit 61,000.00 Firanncs oranges + 0.00
:Cash Credd AvaAabb 60.00 New Balance ~ 611,060.62
Calshback Bonus® opening Casldsock Bows 8alarnoe 6 O.oo
New Cashback Saws This Period + O.UO
. Cashbadc Bonus Bglanae ....... _. ...0,00,..
~Cw}rbaefclfoiWi~Annivenary"---------------------------------=----------•--------------------------------
' DaN: March 3
How Can We Help You?
INti your cl~ice - 3 ways ~o help
Pfeass have year Discover Card available.
far TDD ~aasislarce fan hearing impoaad) aw reverse side
1. Visit Discw~ar.~ooss to pay y.ar bi for no cest, vkw y~r
latest Aaourrt information, carer and cedsem nawards and more
2. Catl 1.8040tSCOVER (347-2683) for fast, easy se8serria
options ar b speak with a Customer Servfos Aooounf Manager
3. WrBa w of Drseaver Cord, PO Box 30943,
Salt Inb Ciy, t!T 84130
'Finance Charge Summary
~
AN
i T
ran•actian
.
Av~s Daly
f ~ Jlf
r
al
' IfAICE
P
E~ a~iNUAI
AOE p, c~
S p
~
S~
~ R ~
~ dA~
arrrenl bdl'mg period: 31 days
:Purchases 60 0.08216% 29.99% f 29.99% 60 60
Past Purchases 60 0.06216% 24.99% f 29.99% 60 60
;Cash Advances 60 0.08216% 29.9996 F 29.99% 60 60
:The rdss that apply to yaw Account as eNlrar fixed ~ a• they may vary lyl ar noted above.
bnporWrt ArNrnrpMr, n riurro la mae than errs pope to rich bllrinp statement, sae ri~ bade d adr paps for additional -...... ~---------
ttee yore' Ca~eerrr4ec Aprasaiwt. Your Cerdrrrelr-talr informatbn. ! gg-
Apreanerrt caneaMs aG ~ terms d your Aecamt ~ ffi
Last er stela taar~de, itapart Immedkteiyl CaN 1~0-347 ~.
~iranl tl~~Enors or Yort k h til ~ ,~ atlon
rro r Ian ~mcr ar~pr~blan~a~u pn
• aarort ~ ~
~ ~
•_ Etrar volt nn adnr Feu heaeve there r an .r.r.. r/ w~ n..w ..,..~. l..a.....~.w..-.rte .~_ ,._ .._- -- .-__.--
on. YiNN~ v e anresp~~vxs anna roPort you ~~or ewce~siry~Oii to ollect tti ! i! amq n~ ~ are not In ` ~+
~B ~4~ to ~ wMh areal
~~~~ a nn or~°iw you ~K ~N~~a ~a°~ ass era
~~
an
M~~pr~ F~~i
ire! ~aYW~w~aharoe you a mlydmum F311ANCE CHAR9F d:.50 for any blllinp period M which Perloac Finance Charges d
~~ ~~~~~ ~~ h T~~arrad't~'De~^i'°`~ol,~,~re-ri~ktal~-mrenn ifa~nae.-~ywi~-.
ua wlNl ~ s ~a h ~ ~~ then turiher e
ra~r ~ ~ e. to as s
anae arges~Or° of ~° p~~0r ~~e use the ~hi on m oom odic
SA~~ ~+hr BOlarros~ limes (days M bBlbp period) rime (Oariy paloac ~
DWjr Bs~e~ aha~rm ~ 1T aecauastha p~race'
Fsr TDD {TeMameaurlatloae Dsvks for ttee pat) askiarrce, ptew qr 1-300~34T-744Y.
fie DkCOVer® Card k Issued by fllacauer Bonk I~mtbr FDIC
YOUR DISCOVER CARD ACCOUNT
CARDMEMBER AGREEMENT ............................Pages 1-13
The terms and conditions of your Akxount, including how we calculate finance charges, our fees and an Arbitration of Disputes section. You have the
right b reject the arditration provision with respect b your new Account within 30 days after receiving your Card, as explained in the Right b Reject
Anbi6atron° section at page 12.
PRNACY POLICY ...............................................Pages 13-16
A summary of the personal information we celled, when it may be shared with others and how we safeguard the confidentiality and security of
information. You may limit our sharing of such information with others as explained in section 4 of the Privacy Policy at page J5.
BIWNG RIGHTS ................................................Pages 117
Important information about your rights and our responsibilities under the Fair Credit Billing Ad.
DESCRIPTION OF COVERAGE ......................... Pages 18-25
The terms and conditions of the Scheduled Air Travel Acadent Insurance and the Secondary Rental Car Collision Coverage that is provided at no
charge to you when you use your Card to purchase airline tickets or rent an automobile.
GLOBAL TRAVELER'S HOTLINE .............................Page 25
The terms and conditions of this free travel assistance benefit.
02009 Discover Bank, Member FDIC TL21A.0509
CARDMEMBER AGREEMENT
Please read this l~reement carefully before using your Discover' Card Account It cordains the tenna and conditions of your Aa;okmt, some of which may have changed from artier
materials provided to you. In the event of arty dMferences, this Agreement shall control. tlVe respect your privacy. See the Privacy aecdon on page 9 and our Privacy Policy for additional
informatbn. 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 Arbitratlorr sectlon on page 12
describes the procedure you must follow if you desire to reject the Arbitratlon of Disputes section.
OEFINI'fIONS Z
USINGYOURACCOUNT 2
YourAcceptarrce of ih's Ageement ...................................... .................... 2
Pernibad Uses of YourAccount ............................................. .................... 2
Profulited Uses of Your Aoooud ............................................ .................... 3
Purdrases and Cash Adva>ces in Foreign Curenkies .......... .................... 3
Cash Advances ....................................................................... ...................... 3
Balance Transfers ................................................................... .................... 3
Credt AuV wrvaticns ............................................................... .................... 3
AuUwrized Users ................................................................... ..................... 3
Unaulhor¢ed Use .................................................................. ..................... 3
Your Credit Lhles ................................................................... ..................... 4
MAKING PAYMENTS ................................................................... ..................... 4
Promise to Pay ....................................................................... ..................... 4
Monthy Biting statement ...................................................... ..................... 4
Monthq Payment Options ...................................................... ..................... 4
Automatic Bifng Artargen>ent5 ............................................. ..................... 5
How 1Ne Apply Payments ...................................................... ....................... 5
Mmirlum MorHhly Payment ................................................... ..................... 5
SIapA~aymerrt Offers .......................................................... ..................... 5
Credit Balances ...................................................................... ..................... 5
FINANCE CHARGES ................................................................... ....................... 5
How We Calcrlate Periodic Fence Charges ....................... ....................... 5
How YVe Calculate Your Balanoes ......................................... ..................... 6
Variable or Fbu:d Merest Rates ............................................ ..................... 7
Defalrk Rate ........................................................................... ..................... 7
Cash Advarxe Trar>satiion Fee Finance Charges ................ ..................... 7
Balance Transfer Traruadron Fee Fr~ce Ctrarges ............ ..................... 8
Foreign Curer«,y Transaction Fee Finartce Charges ........... ....................... 8
Mlninum Filarkoe Charge ..................................................... ..................... S
FEES ............................................................................................. ..................... 8
Annual Fee ............................................................................. ....................... 8
Late Fee ................................................................................. ..................... B
OverGnut Fee ......................................................................... ........................ 8
Retuned Payment Fee ....................................................................... ........ 8
Retuned D'roarer Card Check Fee ................................................... ........ 9
Pay-®Y-Pha~e Fee ............................................................................. .......... 9
Reseach Fee ..................................................................................... ........ 9
DEFAULTAND CANCELLATION ............................................................. ........ 9
Types of Defauk .................................................................................. .......... 9
Consequences of Defark ................................................................... ........ 9
Ca-cekakion ........................................................................................ .......... 9
PRNACYAND OUR COMMUNICATIONS VKTH YOU .......................... ...........9
Our Privacy pbfK,y .............................................................................. ........... 9
Repofig to Credk Repatirg Agendas ............................................ ......... 9
Our Camxrnicakions wkh You .......................................................... ....... 10
Rel~sing Mortrv~ion About You Accastit ....................................... ....... 10
Eledroruc Notices to You ................................................................... ....... 10
Mottoes - Changes to Yorr Infartnation ............................................. ....... 10
CLAMS AND DISPUTES ........................................................................ .........10
Mercrart Disputes ............................................................................. .........10
Chain Notioes ..................................................................................... .........10
Arbiration of Disputes ........................................................................ .........11
Right to RejedArbibation .................................................................. .........12
LEGAL INTERPRETATION OF THIS AGREEMENT .............................. .........13
Seorerabi{ily ........................................................................................ .........13
Conp6arkoe with lost Rabe Linitations ......................................... .........13
Govemng 1.aw ............................................................................................13
ASSIGNMENT OF ACCOUNT ..........................................................................13
CHANGES TO THIS AGREEMENT .................................................................13
l>EFlI~TIONS
"Account' mans your D Card AccauM.
"Authorized User" means arty person whom you author¢e th use your Acoou>t a a Card, whether you natty us a rat
"Card" mans arty are a mere Discever Cads issued th you a sanreaie else with your auticorization.
"Pricing Schedule" means the doo,ment aocornpenying your Cad and lictng the Frrance Charge rates that appy tD yourAccorxrt The Priang Scredule is part of this Agreerrkent.
"We," "us"and "our" referto Discover Balk, the issuer of your Discover Cad.
°You," "yours a "yours" reFerto, m add'ibon 10 you, the Cardnrerrrber, art cttler person a persons who are also Contractrlaly Trade order th8 Agreerrreri.
USING YOUR ACCOUNT
Your Acceptance of this Agreement The use of your Accamt a a Card by you a an Authormed lJser, a yorr haiure io rarroel yourAccant wihn 30 days after rraz~ng a Card, means you accept
this Agree-rnent, irx~udng the Arbitration of Disputes section on page 11. You may, howewu, reject the Arbitratlon of Dfspubes sectieon as e~lained an page 12
Permitted Uses of Your Account Your Account may be used for.
Pucrases - to pucrdse a Ise goods a services from pa-tiapeting rnerchants by presenting you Card or A~ocount nu~er a b!- ~9 P~o~ dredrs, which we may famish to you, n
aocoridance wih such ad~ional terms and conditions as we rrray offer from time to tine.
Cash Advances - to obtain cash advances from partidpetirg autama0ed teller macrires, tnancal itstihrtions a other locations, the purchase of lottery tickets, racetrack wagers, voucrers redeemade
fa cash a fa casino drips, matey orders, travef~s checks, savings bonds, faegn errancy and wxe transfers, a by means of credks which we may famish to you, ak in aowrdarae vrih such
additional terms and condfions as we may offer from time to tine.
Balance Transfers - to transfer bafaaes from other creditors a to make other transactions by means of balance transfer coupons a casks, n acoordaae wih such addkional terms and conditions as
we may offer from tine th time.
In adctiar, you Account may be used to guaantee reservations at
pati~i-paling est~sfinents. You wkl be trade fa ~aranteed reservations th~ are not canoeAed prig to the tine specified by the estabkshment. Your Aooount may be used fa persaial, famiy,
househdd and ciariable puposes.
Prohibited Uses of Your Account Yaur Accour# may rot be used to obtaik barks th purcwse, ca-Y a trade in securities, th pay arty amount you ore uncf erthis Agreeanerd a fa any transadiars
that are kmlawful where you reside a where you are physicaly located when you use the Acoxxit to ititiate lire transaction (Proltibked Trans'actions~.
Purchases and Cash Advances in Foreign Curtencies. ff you make a purchase a cash advarae n a foreign ~wY, i wit be converted to U.S. dokas using ctiker a govemrkent~r+andated rate, a
~vermrent-pudished rye a the interbar>k excharge rate, dependng on the county and amerxy n which the trarrsactim is rrrade. The rate used wit be the rah n etfed on the conversiar date fa the
transaction, which may be different than the Transaction Date as shown on your statement. IAt? charge a Foreign Currency Transaction Fee Fiiarice Charge for each purchase made it a foreign
ckxrency as desalted in the Foreign Currerwy Traksaction Fee France Chagas section on page 8.
Cash Advances. We may periodically after you spectal rates on cash advataes for the tine period specifiedn the otter, subject to the Defauk Rate sedia-. The offer may contain a Cash Advave
Transaction Fee Finance Charge fa each cash advance. Alter the e~iratiai of the specal rate, the standard Annual Percentage Rate fa rastk advataes wit apply.
Balance Transfers. We may periodicaky offer you the oppor-tu-rty to make balance transfers fran otl~er aedkors a to make other transactions to yaaAccard by of balace tkara;4er coupons
a cracks. Each fifer wit carrfain a- nitiaal speaal rate, which wff be the Arvwal Percentage Rate that wi apply to transferred balances for the tine period spedfred in the offer, subject to the Defauk
tiara section and may contain a Balaice TransferTransaction Fee Fiianoe Charge for each balance transfer made during lire term of the offer, as disdosed n the offer and as set fath n the Pridng
Schedule, ff applicable. After the e~iration of this tine peiod, the Annual Percentage Ratethatapples fa ptzcraseswit appy to trays-fertad belarx;es. Balance transfers subject to the iniiai spedal
rate are referred to as special rate balance transfers; balance transfers fa which the hlial specal rate has exphe'1 are referred 1o as purd>ase rate bal~ce transfers.
Each ofkuwil contain an expiation date. ft you atlerrrpt to transfer balances by means of a dtedc after the expiration date, we wii treat the transaction as a cash advance. Vlk wig not rnake balance
transfers afteripteri by mans of a coupon afterthe expratiai date.
Credit Authorizations. Certah trarrsadiais wil requee air autiior¢ation prior to completion. h sane ~, you may be asked to provide iderrtFiration. VVe Crave the right not to author¢e a transaction
for secutYy a other reasons. Also, i our airlhorization system is rat working, we may not be able th authorae a transaction. Vile wi not be liable to you fi any of these everts happen.
Authorized Users. K you want in cancel the autiarity of a arrerrtAuthaaed User to use yourAccoiui a a Card, you must notyy us and destroy ~Y Card h that person's possession. Ya can notiy
us by teleplanhg 1-BOO.gSCpyER (100.347.-Z683), a by v~hg Discover Card, PO Banc 30943, Sal Lake Cily, UT 84130.0943. None of your rights rmderthis Agreertrent (otl~er than to pay
araunts awed) may be ezerased by any person rat a party to this Agreerrieri ad'ng pursuant to a power of attorney, wlhout our separate wrftlen agreerrierit (which we are not ot>Hgated th give).
Unauthorized Use. Prior to ~ use, each Card must be signed by the person to whom I is issued. ff a Card b ast or stolen, or if you thhk that someaie is using your Account a a Card without
your permission, notify us inmedaDey. You can ratyy us by ~lephonirg 1 800-DISCOVER
(1347-2683), a by writng Discover Card, PO Box 30943, SaR Lake Cily, UT 84130.0943. You agree to assist us h determhing the facts relathg to any theft a possible unautha¢ed use of
your Account a a Card and to campy with such prooedises as we may requie h axinedion wlh our unrest-igatan.
Your Credit Lines. Vlfe wll advise you of your Account cxedft fne. Vlfe may inpose a lower the that wil apply ~ cash advances, referred to as the cash advance cacti Ihe. VYe may ado hipcee a lower
line that wi appy to balance transfers, referred to as the balance transfer cacti khe. You agree not to albw your unpaid balance, 9 Finance Charges and fees, to exceed yniuArxzxxi cacti fne.
ff ya exceed yourAccairit cacti ire, we may request irunediate payment d the araunt by whsh you exceed yarAccartrt aedft fine.
VJe may inaease a decease yvurAxasit credl fne, your cash advarxe cedt the a your balance transfer cacti lire without notice. The aedrt available fa yar use may, from time to tine, be less
than yourAaxxsrt cedit ire. Fa pixposes of detertnhhg your avalable aecit, we reserve the right to postpone for up th 15 bushes days redix;iig yax unpaid balarioes by the amount of any
payment that we receive. Your available cedt wll not be iareased by the amount of arty cxedl balance.
MAIONG PAYMENTS
Promise m Pry. You agree to pay us h U.S. ddhars for ~ purchases, cash advances and balance transfers hdudrig applicable Fiiance Charges and other dvugea a ices, ixxxred by you a anyone
you autha¢e a permit to use your Aooouit a a Card, even i you do not notify us that others are ushg yarAccant a a Card. f you pay us h other than U.S. dolars, we may refuse to accept the
payment err charge yarAccaunt our cost to cornrert your payrierd to U.S. dolhars. AI checks must be drawn an funds on deposit h the U.S. You may not use a cash advance deck, balance transfer
d~edc a coupon, a any other promotional dteck drain on any Discover Bank cacti card accxwnt to make payments on your Account. ti your Account is a joist Account, each of you agrees to be liable
hdroidua9y and jointly for the entire amount owed on your Account. We can accept late pryments or partial payments or checks and money orders marked "payment in full" or with any other
restrictive endoreement without losing arty of our rights under this Agreement
Madhty Billing Statement 1Ne wll send you a bing statemerit after each rarrthy biBng period h which you have a debit a aedt balance, unless we waive our right to do so as permlted by law. The
biting statement wil snow all purchases, cash advances, balance transfers, France Charges and other charges a fees ~d al paymeris a other asdls posted to yourAccasd during the bung
period. ft will show yviu New Bahnce, Paymerrt Due Dale and N~inum Payment Due as of the end of Use bBig period. I(your prior month's payment is returned unpaid, you requied Mhinum
Payment Due may be hi~erthan shown an you dlig staterneri. See the Mnhpxn Monthy Payment section on page 5.
Monthy Payment Options. You may at any this pay the entie New Balance shown on you bling statement, but each madh ya must pay at I~ the Nininum Payment Due ~ descn'bed h the
IAhinun Monthy Payment sedan. All payments mud be made h accordance with the terns, hduding the paymerit waft time, stated on yocr mordFiy bilCng statement, and we wil credl your
Account h aooordance wlh (hose terms. h addition, we reserve the right to drarge those terms wltaut prior notice as pertnilted by law.
Automatic Billing Arrangemerita. fl your Account nurriber arctic Card exp'vation date charges and our records hdxxte you have auariatic biting establshed wlh a merchant, we wil afterript to
provide you newAccount iifortnation th that mrercnant. To ensure ininterupted bilirig, we recorvnend that you verity the merchant has you new Aocourrt i>farnatiori. Ya must oa>tact the merdx~il
dhedy f you do rat wish to contira~e the automats tHl'ng arrangerrient.
How We Appty Payments. VUe wil appy payments aril erectile to the New Balance shown on yoir anent bllhg slaterrierrt h order of the Amual Percentage bate appti~ble to the balance of each
transaction category (ac referenced h the Fiianoe Charges sedaa-), generaly from loNrest to hi~st begixing with the valance subject to the IoxRSt Amual Per-oerdage Rate. V1k tf~n appy
payments and aedls th any new transadans ushg the same method. However, we have the right to appy payments and aedits b balances with higherAmual Percentage Roles prior to balances
wlh kn~erAnnual Percentage Rates, such as when there are two initial special rates appik~ble to yarAccaunt and the bwerAnnual Percentage Rate will expire before the hAnnual Pen>entage
Rate.
Minimum Monthly Pryment The Mnimum Payment Due each madh will be the greater of:
• the New Balance ti I 's less than $15;
• $15 if the New Balarxx: is $15 a more; a
• arty past due amount plus the greater of.
2% of the New Balance (exductirig cxanerit Periods Fiiarice Charges, Late and Overiml Fees) rounded up to the nearest dolor a
arrent Periodic Fiume Charges plus Late and Overlml Fees pq~s $15 (nd to exceed 3% of the New Balance) rounded up to the nearest dolor.
Vlie may also ialude sane a all the amount by whih ya exceed yarAocasit cacti lne. ff more than 90% of your New Balance ceru~s of spedakate balance transfers, we may, at our disaetion,
hcease your kNnhwm Payment Due to a maxinun of 4% of the New Balance if ft would otherwise be less than that VUe may subtract certain fees to calaNate the hRri~mm Payment Due. The
Mhhxsn Payment Due wll never exceed the New Balance. Paying the Mnhxm Payment Due may. be i>suffiderrt to bmg yarAccount balance below yauAccourrt cedft the and, consequer>ty, may
not avoid the inposl'an d an add Overtiril Fee degarbed h the Overiinl Fee sedan.
Skip~A-Pryment Offers. IMe may from time to thre abw you to not make a mhinun mathy payment and wdl notify ya when this option is avalable. ft ya take advantage of this oNer and do rat
make a mhinum mor,fhy paymerd, fnarxe d,arges and arty applicable fees wft acaue an yourAcoount h aocardanoe with this
9 ~~ p~s• Agreernent and you must pay the Mhhnm Payment Due for the
Credit Balances. We wit refund any credit balance vvithh seven bushes days fran receipt of yar written request N ya do not request a refund, we vril auto-riaticaty refund credl balances greater
dwn $1 that remah h yaurAccaxrt after ti montlu.
FlNANCE CHARGES
How We Calculate Periodic Finance Charges. Vlk begin to impose Periorc France Charges on all transadioris from the Taansacfion Date for the transaction as shown an yar I>iking sit,
unless a transaction is posted to yourAcoount alter the dose of the biting period h which ft acazs, h which case we begh to impose Periods France Charges on that transaction from the ftrst day of
the bBhg period'n whsh ft is posted to yourAocourt. WFr oonthue to impose Periods France Chergeg anti the da6e ya pay you entie New Balance, by malag peyrrieris a receivhg aedils.
However, iF you paid the New Balance on your previous bilhg statemtent by the Payment Due Date shown an that btihg statement and ynu pay the New Balance by the Paymert Due Dale on your
airer>t biting statemerd, we wll not impose Periodic France Changes on new prrdteses, that s, purdtases first appearing on the anent biting statement. Wle call this the'grace period' There a no
grace period on balance transfers or cash advances.
V1k sort your trartsadiorts into groups of purchases, arch advances, and balarae transfers and then father sort the trar>sartions wnlhin eadt group by theFArtr>u~ Peroenage Rate. Far example,
purchases subject to a partotiatal rate and purchases subject th a starxiand rate would be separate groups. we refer to these groups errs transaction . At the end of earn bffng period, we
compute balances and Periods Fvtance Charges fa' each day of the brTing period for each transaction aitegory. We use the folawitg equation to axnpufe Periodic Ftrtartce Charges fa each
transaction adegory:
(Average Daffy Balance) tines (days ~ blirtg Period) tines
(Daly Periods Rate).
(You may refer to the fnartce charge summary an your bifng statement for these artxxrtLs.) Then we add up the Periodic Fvtartce Charges for each trartsactiort m get the total Periodic
France Charges for your Aaxxrnt. The Average Daffy Balance is shown as zero ff, because of the grace Period, no Periodic France Charges appy to the balance n atrans-action categay.
How We Calculate Your Balances. Wre use the Average Daly Balance (indudig new trartsadarts) ntetitod of celatlatirtg the baiartce upon which we inpose Periods Fvtartce Charges. We atmpute
the Average Daly Balance far eactt transaction by add'ng up all the daffy balances it a bung period for a transaction category and dnridng the totai I>y the rttrrtber of days in the bang period.
Wle axnpute the daly balance for each transaction an each day by first addsg the folktwirtg to the prevaus days daly balance: transactions wih a Transaction Die of that day as slwcun on
your Ming stakentertt, unless the trartsactiort is posted to yourAccaud atlerlhe dose of the biffitg period'n which i oaxxs, n which case the transaction wN be added to the daily ba~rtoe as of the fvst
day of the biN'rtg period's whidt l is posted th yoaAooount, fees dtaged that day and Periodic Finance Charges aaxued on the previous days daffy !>alanoe; and by titers subbadirtg arty aedls and
payments that are appled against the balance of the transaction ategory on Utat day. n calculating the daffy balartoe far the fist day of the biting period, we axtsider the'previars days daffy balartoe'
to have been your balance far each transaction caeegory on the last day of you previcus biting period.
N tees dtarged to your Acaxnt are added tiD the standard pudtase
transaction artegay with the exa:ption of Cash Adtratoe Transaction Fee Finance Charges whidr are added to the applkable cash advance
bans-action astegay and Balance Transfer Tr~rtsadiort Fee France Charges whidt are added to the applicable balance transfer transaction artegory. When the speaal rate expies, we move the
unpaid balance of the balartoe transfer and the Balartoe Trarufer Transaction Fee Finance Charges to the standard purchase trdrtsactiort category. However, ff the spatial rate has lreen temti>ated
under the Defaut Rate sections, we leave the tatpad txilartoe of the belarxa trart~fer and the Balatoe Transfer Transad'an Fee Fstance Charges n the appCaable bahartoe transfer Uansadiat category
anti the special rate would have expied.
Variable or Fixed Irtherest Rates. The Daffy Periods Rye and oorrespondng Annual Percerage Rate that apply>p each trartsadiort category ere ether toed rates or variable -ates as sal Path n your
Prictrtg Sdtedule or n any spatial offers you receive from us. The Daly Periods Rate is 1~ih of the conespaxJng Amual Peroerttage Rate. Variable Mrxral Percertiage Rates are deter~rtited by
addng a specified number of percentage pouts tD the Rine Rate. This s Shawn on the Pridrg Sdtedule as prune + (per-cartage Ponls)."For purposes of this Agreemerd, the Prime Rate is the
highest rate of interest fisted as the "prune rate" n the Maley bates section of The Wag S6eet,lbumaf on the last txisirtess day of the month. The Prime Rake is merely a pricitg itdex and does not
represent the ktwest a best merest rake available th a ttarto~rer ffi any bank at ~ given time. ff you stave a variable rate, your Amual Percentage Rafe vii inaease or dea~se when the Prtrne Rate
dranges. This charge wit be effective ttegirtnitg wlh the fast day d the bang Period that hegira during the same month as the dtange n the Prime Rate. An naease n the Annual Percentage Rate
may irtaease your Minirsurt Payntertt Due.
Debuts Rate. Each time you do not make a negated payment on time or each tine you exceed yourAa>,unt aedit Ire twice in a iwehre month period (each, a'Default Rate Evertf'), we may increase
the standard Amual Percentage Rates for purcttases, balance transfers and assts advances to a variable rate equal th the Rare Rate + up to 27.9996, but such rate wrti never exceed 29.99% (the
'Defauff Rale7. At the same tine, any spatial rays on purd~ses, balarx:e trmsfers a cash advances wti end and the Detauk Race may appy. The maximum Defauk Rate which would currently appy
is set forth n your Pricitg Schedule. vue wff base yore Defauk Rate an factors such as:
• your current APRs
• your payment his<ay with us
• your general aedit Fi~tory
Any irtaeased tai wit apply begitnig with the frsl day aF the blli~g period's whidt ~ we dd not receive at least the AA•inrrrtcxrt Payment Due by the Payment Due Date a n you exceeded your
Aoaxm credl fine for the second time in a twelve malts period. ff your standard Annual Percentage Rafe for ptud>ases was nara3sed under this err arty previous version of the Default Rate sedan
artd, thr any rite wrtsecutive biting periods thereafter anoffter Default Rate Event does rat occur, then you Attrtual Peraxdage Rate for your new purchases wit be reduced ~ a lesser variable rath
wttidt may be higher titans your previous standard Artrtual Percentage Rate for purcttases and yourAmual Percentage Rate for your existing pcrcttase belartce may be reduced th a lesser variable rate
whidt may be Firgtter than your previous starxiard Amual Penoerrtage Rate for purchases.Arty reduced Anrxral Percentage Rates an new and exislitg pcxct>ases may be diferertt and wit appy
begivtig wih the fast day of yotu tenth biirtg period. liorvever, ff a DefauR Rai Evertt occurs n the tenth dTing period, a Defaui Rate wry apply.
Cash Advance Transaction Fee Finance Charges. Urges otherwise spedfied n a cash advance offer, we wit charge you a Cash Advance Transaction Fee FlNANCE CHARGE of 396 of the
amount of each new cash advance with a rtrrtirxrm Cash Advance Ttansadiort Fee FINANCE CHARGE of $5 and no rttaxi•rtrcrm. The inposiiort of Cash Advance Transaction Fee F'tnerae Charges
may resat n an Annual Percentage Rate fa cesh advances that is higher than the narttinal Annual Percentage Rate. Ai faros of rash advances, itdudtng the use of Discover Card decks, regardess
of the purpose fa whidt used, ere subject fA Cash Advance Transaction Fee Fnartce Charges. To ot>tan the total France Charge on arch advartoes far eadt Ming period, we add sty Cash Advance
Transadiort Fee Finance Charges for the bitting period dtarged under this sectiat to any Periods France Charges aticu~ted under the Periods France Cherges section for each cash advance
transaction category and add uP these anautts.
Balance Transfer Transaction Fee Finance Charges. ff the balance transfer offer you receive corttans a Balance Transfer Trans-actiat Fee Fi>arta: Charge, we wit dtarge you a Bahance Transfer
Trans-ad'an Fce Finance Charge for the amaatt of ~dt bak~ce trarater made under Utat otter. ff there is a Bdance Transfer Transaction Fee Fnarrce Charge i- axtjutdion wlft the offer you
received when you applied for art Aooormt, i wti be it the amorutt set forth n ffte Pridrg Sdtedule. The irtposlion of Balance Transfer Trartsacliat Fee France Charges may resuk n an Annual
Percentage Rode fa belartce transfers fftak is higher titan the nattinal Annual Percentage Rake. To obfaat the total Finance Charge on balarroe transfers for each br~'irtg Period, we add any Balance
Transfer Trans-actbn Fee France Charges calculated under the Periods Fnartce Charges section fa each ixalanoe transfer trans-action rdhegory and add up these anaunts.
Foreign Currency Transaction Fee Finance Charges. We wit dtatge you a Foreign Currency Transaction Fee FINANCE CHARGE d 2% of the U.S. dour amocutt of each purcttase made n a
foreign currency. The irtposlion of Foreign Cunertcy Transaction Fee Finance Charges may rescti r an Anrtud Percentage Rate far prrcttases that is higher than the rtomitad Amual Percentage Rate.
To ol>tait the told Fitarx;e Charge on purdtases for eactt biting period, we add arty Foreign Curency Transaction Fee Finance Charges fa the bitkrtg Period dtarged under this sections to arty Periodic
France Charges ceEulated trtderthe Periods France Charges section for each purdtase irartsactiort category and add ~ these amounts.
Minimum Finance Charge. VNe wit dtarge you a ntirtimum FINANCE CHARGE of $.50 for arty biting period n which Periods Finance Cherges of less than $.50 world otherwise be irrtposed.
FEES
Annual Fee. ff your Pridng Sctterkrle accompanying your Card nci,des an Amuai Fee, we wit dtarge you an Arutctai Fee n the arrtoutt itdirathd. vue wti charge you this fee when we open yotr
Accaxtt and at ttte begimitg of each anniversary year ycurAaxxxrt's open. Tate Annual Fee is riot refixtdable, except as provided by law.
Late Fee. W~ vii dtarge you a Late Fee if you have faced, as of the Payment Due Date, to make the Mrntum Payrnertt Due that was negated to be paid for that bung period. The amours of the Late
Fee is based an the sum of ar autsiandirg puctreses, cash advances, balance transfers, other charges, other fees and Fiance Charges at the end of the bitirg period fa whbh we did not receive
timely payment. i the sum is 5250 a kiss, the fee is 519; iF i is grater than $250, the feee Sag.
Overiimit Fee. VYie wit drarge you an Overlmi Fee each time that, as of the dose of a bring period, you orrtsfand'ng Account balance exceeds yaxAocount aedi lee. This fee may be dvrtged even
'rf the transaction which causes you to exceed yorrAaxxsrt aedi lines authorised by us a f you exceed yourAccourt aedi ins due to the posting d Firatuce Charges a fees to your Account. The
amount of the Overimi Fee a based on the sum of ar outstandng purctreses, ~ advances, balarroe transfers, other drarges, oti~er fees and Peseta Charges at the end of the brling period. N the
sure is equal to a less than 5500 and you exceed your credi tee, the Overiini Fee is 515. B the sun is greaterthan 5500 and you exceed your cxedi lire, the Overirri Fee 's 539.
Retuned Payment Fes. Vole wit dverge you a Retuned Payment Fee of S35 each tine you pay us wih a ct>edc a other nsfirrrerrt that Ls rehuned rarpaid. Thor fee wit also apply r a debt transaction
to a deposi acoorxd from whictr you have arrlharaed us n wring, elechonkully a aary to periodcaly deduct ar a a part of an amourd you nave us urxier th's Agreement s nehrr>ed ur~aid. VVe wit
diarge you this fee the first tine arty payment is reUumed unpaid, even i i is paid upon resubtuwssion.
ReUrmed Discover Card Check Fee. Vile wit drarge you a Retrrmed Discover Card Check Fee of Say each time we decree to honor a Discover Card cash advance dreck, balance irarufer dvedc,
promdional purdrase dv3ck, a other promctional diedc.
Pay-By-Phone Fee. VYe may from line to tine allow you to make payments by ~IhorirJng us over the tek~hone to transfer a pay fords from a deposi acoocmt th yourAccorirt. VOe wit drarge a Pay-
By-Phone Fee of S10 fa each such transfer a payment.
Research Fee. VYe may drarge you a Research Fee of S5 for each copy a1 a t>ilrrrg statement or sales slip that you request. Flowever, we wit not charge a fee Y You request copies in connection with a
b8ng error.
DEFAULT AND CANCELLATION
Types of Default You one n defaufl i you became hsoNent; i you file a banbuptry pdiion a have one fled against You; i we have a reasonable banal that you are arable a urrwiing to repay Your
obfgafioru to us; f you are declared ixxmpetent by a coot a r a tout appoints a guardian fa you a a canservala fa your assets; f you die; i You fat to comply wih the terms of this Agreeturerd,
ixdudrrg failing th make a required payment when due, exceedng yarAooant aedi ins a using your hard a Accourt fa a Prohrbibd Transactiar; a i you fat to make a required payment when
due on arty other account you have wih us.
Consequences of Default. ff you are n default, we may declare the entire balance of yourAccant innedrategr due and payable wihaut notice. Mwe referthe colectiar of yourAccorxrt to ~ aiomey
a empty an aflarrey to represent us wih regard to recovery of mxx>gy that you owe us, we may drarge you reasonable attoneys' foes and cart a other collection costs as pemriied by law and as
actuary ircutued by us, ixa>~ fees and costs noon-section with any appeal• We may delay ~ro~g a not enlace any of ors rights under this Agreement wihout being awaivi~g cry of them.
Cancellation. You may r.~rrcel yorrAocoort by rwtiryng us n wring a by telephwne and returrpng a destroying every Card and unused ctredc that we have provided you. You ran notiry us by
tekiplanng 100-DISCOVER (1-(300347-2683), a by wring Discover Card, PO Box 30943, Sai l.alae Ciy, UT 84130-0943.Of cease, You wit slit be responsble to pay arty arrauit you owe us
aocordng th the tames of this A~rrrent. ff yorr Account is a joist Account, eiirer Cardrrrember may the Aocant, but you wit both remain responsible to pay cry amorist owed th us acxordrng to
the of this Agreerrreri. VJe may cancel a suspend yaurAoccunt at arty time wihout notice. VNe may dxxse not to renew yourAoccunt (beyond the expiation date shown on the face of a Card)
witlaut notice. You must return any Card a mused checks to us upon request
PRIVACY AND OUR COMMUNICATIONS WITH YOU
Our Privacy Polk:y. YJe may from tine to tine review yax aedi, emplgrtnerrt and noorne records. VJe respect the privacy of irfom>ation about you and yourAocard. Our Priwar~r Pdicy ncwdes a
summary of the personal irfor-nation we tolled, when i may be shared wih others, how wesafe-guard the cronfidertfiaily and secuiy of nfamation and Ure steps you may take b lmit our sharing of
such irforrrration wih dhers. Please read i careWiy as i is part of your CandmemrberAgreement.
Reporting to CreditReportingAgend~s. As irdi-toted it ou Privacy Poky, vve may report to oredi repatirg agerrdes and other aeditars the status and paymerd histcxy of yawAooourrt, ixdudirg
negative aedi nformation. Late payments, missed payments a other defers an your Account may be reflected n your aedi report Vile naturally repot to such aedi repatng agendas each month. ff
you believe that our repot of yourAaxxrnt statrrs is i>acarrate a noomplete, pkrese wrie us at the fdbwirg address: Discover Card, PO Box 15316, Vaiini~ton, DE 198506316. Pl~se ix~ude your
name, address, bane telephone number and Accent norther.
Our Communications with You. Our personnel turay listen to a record telephone cats belaveen you and our represerrtativves wihart additiaral notice to you as pemriied by law. Wie may use any
med'um, irckrdirg but not limed to mrai, five telephone calls, aubturated telephone equipment, prerecorded telephone cars. eturai and may malre cols bo your ter phavs to contact you abort your
Account a firer you pnodrx~s a services that may be of vakre to you. M you prefer not to be corrtaded n one a tuare d these ways, tekrphare us at 1 ~800-0ISCOVER (1-800.347-2683} or wrie to us
at Discover Card, PO Banc 309131, Salt take Ciy, UT 84130-0961.
Releasing IMotunation About Your Account VJe provide various methods by whid~ you can obtan irforrrfation abort yotrAcoamt Vik w~ ony rekease such irtamation to you. any Aulhar-¢ed User
that our records ndicate g an authorized buyer on yourAooount and arty other person with your prior pe-mission, h addibn to aspro-vied 'n our Privacy Poky a as regtired by law. Our seamy
rr>easures cernot inure aganst rurauthor¢ed ipuiies. You agree that we win not be resporurble for the release of infamnation to anyarre who, even rf with-art your arNra¢ation a permissbn, has
gained possession ~ a Card a has leatu>ed other identifyng characteristics abort you sudr as your per~anal identrTication number, Accorid rxmber a soda) secoiy number.
Electronk: Notices to You. Vole may offer you the oppatrmiy to receive certain notices from us eleo-lronicary rather than through the maid nckrdrng matiry bung statements and drange of terms
ndioes. The (emu and conddions fa receiving these electronb corrrrrrnications uvir be described n the offer.
Notices - Changes to Your IMormation. Nyou drange your e•marl address, marling address a number you must nohTy us of you new address a tclephare number aw'Ihn 15 days. Yau pis
notrTy us by teleplwnig 1 800-DISCOVER (1-800,947-2683) a by writing Discover Card, PO Bat 30943, Sak take Ciy, UT 84130-0943. r yaurAocaxrt a a Jost Account, any notice we turai to an
address You have provided for the Account win serve as notice to both Carrtnerrrbers.
CLAIMS AND DISPUTES
Merchant Disputes. VJe are eat responsible far the refusal of anya>e b accept a hoar a Cand a to accept ctredcs that we have provided you. ff a tuv.Ydtant fins to provide your ptnthase to your
satisFaction and you request a aedd to yourAceount, we wi irvestigate the depute. K we resolve the dspu~ n yorr favor, aws wrT issue a cxedd th your Aocaunt and you win be deemed b have
assigned to ug yorr chin aganst the merchant andlor arty third party for the aedied amount. Upon as , You agree to provide us with wriien evidence of such assigrvrrent.
Chun Notices. n the event that you a sae have a chin that from a relates to yourAooaxrt, any prig' aocourt You had with us, your appication, the relatroruhips which result from yaurAccaud
a the estate-abiiy of the Agreement a arty ixior agrieernent, before niiating, jonng or parfidpaing n anY j<rdaal a arbitration pra~eedrng, as ether an ndividuai rtigant a mierrrber of a class
("Proceeding'), the oornplaning party shat give the other party: (1) a written ratios of the dais ('Clain Notice, at I~ 15 days before nrbatng' arty Proccedsrg, explaining n re~onable delai the
nature of the cdairn and any sup-portig fads; and (2) a reason~le good lath oppalordy to resohre the claim wihout the r~ssiY of a Proceedng. This ndudes any c~airru inrolving our parent
corporation, subsidiaries, afirates (ndudng, wih-out CrrMa6on, DFS Services LLC), pm~Jecessors, su~ssors,assigns, as war as the oNicers, diectas and employees of ~d- d these entities. Any
Chain Notice shat be sent to us at Discarer Card, PO Box 3024, New Ab~y, OH 43054 (a such other address as we shall srrbsequerdly provide to Iron) (the'Cfaen Notice Address orto you at your
address appearing n our reoads a, i you are represe-rted by cansel, to yore aQomey at your attorneys eifice.
Arbitration of Disputes. Agreement to a-bitrate. h the event of ~,y pest, resent a future dais a disprte ( based upon aor>Uad, tort, statute, cannon law a egraty} between you and us
arising from a relating b yorr Aocant, any prior' actorxrt You have had wih us, Your apprrcation, the relationships which recur frntur you Account a the errfarceabiliy a scope d this arbr'tra6'an
provision, d the Agreement a d any prior agreement, You save maY elect b resolve the dawn ar dispute by birrdrg arbitration. F Erf1iER YOU OR VYE ELECT ARBr1RAT1ON, NEffFER YOU NOR
WE SHALL HAVE THE RIGFR TO LITIGATE THAT CLAM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLANK. PRE-FEARING DISCOVERY RIGHTS ANDPOST-HEARWG APPEAL
RIGFifS WILL BE LMITED. NEITHER YOU NOR WE SFiALI BE ENTITLED TO JOIN OR CONSOLIDATE CLAMS IN ARBITRATION BY OR AGAINST OTHER CARDAiEIYBERS WITH RESPECT
TO OTTER ACCOUNTS; OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATNE OR MEMBER OF A CLASS OR M A PRNATE ATTORNEY GENERAL CAPACITY
('Class Action Waiver7.
Natwihstarxtirxj anythhgelse totee oordrary itthis arbitratiorrprovision, any a court, and not an arbitrator, shat deter~nhe the vaiddy and effect of the Chess Action Wtaver. Even Y all parties have
opted b NtigaDe a chin in cart, you a we may elect arbhration with b any cthim made by a new party a any new ctairris later asserted'n that hawsui and nothing undertaken thereir shall
canstiute a waiver of arty rights rrrderthis arbitration provision. We w0 not invoke our right b arbbate an irctvidual cthim you bring n small daims coat a your state's equivalent court. f any, unless
such action La transferted, renaved a appealed b a dNferorrt court.
Governing Law and Rr~es. YourAccount involves interstate cxxnrrrerce and th's prov'sion shall be governed by the Federal Arfx'tratio-r Ad (FAA). The anti-tralion shah be conducted, at the option of
whoevrxfdes the
arbitration chin. by either the Mrerican Arbitration Anion (AAA) a the National Arbitration Forum (NAF) n accordance with their pocedures n effect when the chin is filed. Fa a copy of thei
prooedrxes, b fie a clam a fa other irfarnrraiion,contact AAA at 335 Madison Ave., Fbor 10. New York, NY 100175905, yplpyi~g~ (phone 100778-7879) a NAF at PO Box 50191. Aiirreapolis,
MN 55405 (phone 15004742371). No other arbirdtion forum wit be pemrNted, except as agreed b pursuant b eiher the Changes b this Agreement section a a wrung signed by both porties.Unless
consented b by all parties. no arbitration may be administered by array admhistrator that has any brtnal a irbnrtal policy. rule apro-cedrre that is ircorrsistent with a purports to override the terms of
th's section. IFwe sled b resolve a claim a dispute by bird'rrg arbitrations and the arbirator issues an award's yar favor on a chin or chins with b which you would nd otherwise be entiled b
recover yar arbtration fifng, adnsisistirative and hearing fees. reasasable attorneys' fees ands other arbiration costs, we vn'N be responsble for paying a reirr>bsxshg such costs and fees'rf awarded
by the arbitrator.
Fees and Caets. At your written request, we wit advance any arbiratiors fifng, administrative and hearing fees whidn you would be requied b
pay b pursue a claim a dLspule as a result of our electing b arbitrate
that chin a dispsrte. Send tregttrests b Discover Card, PO Box 30421, Satt Lake Ciy, UT 84130.0421. The arbitrabr wiN decide who wit uNimately be regporssble for payng those fees. You wiN any be
responsible fa paying or reinbrrsing our arbitration filig, administrative a hearng fees b the extent you would have been res
passble fa payisg'altomeys' fees and coot a other ooNedion costs' had
the action proceeded'n court In no event wiN you be required b pay any fees a costs named by us n connection wih an arbitration proceeding where such a payment a reinbursement is prohibied
by applicable ~w.
Hearings and Dedsicrrs. Any arbitration hearing wiN take place n the federal judicial district where you reside. The arbitrator shat fdbw appNceble substantive law b the extent consistent wih the FAA
and appNceble statutes of IinNations aril shag honor dairss of privilege recogn¢ed at law and shall be autha¢ed b award all remed'~es permitted by the substantive laws ttsat would appy f the action
were P~~9 n axrt tt requeshed by any party. the arbitrator shah wrtte ~ ophbn coManisg the reasoru for the award. The arbitra4ar's decision vriN be final and bnding e~ept for any aipp~l rights
under the FAA and except that f the amarst n controversy exceeds x100,000, anY 1~'LY ~Y the award within 30 days b a three•arbitralor panel, whids shag review the award de raw. Urdess
applicable law provides otlserwise, ttse appeaNng party wit pay the cost of the appeal, regardless of iLg outconse. However, save wi consider n good faith any rieasorsable request fa Ctrs b bear the fees
charged by the arbi'~aa lion adrrinistrabr and the arbitrators n connection wih the appeal. Juc~gmerrt upon any award by the arbitrator may be adorned i, arry oowt havixl jrrisdK~on.
OfherBertrefiaatries dUnis Provision. Orr rigFds and obligations under this arbiratiors provision shah nsre b the benefit of said be bnding upon cur parent corporations, subsiciaries, affiliates (isdudng,
wilaut liniation, DFS Services LLC), predecessors. successors, assigns. as weN as the officers, directors and employees of eacts of these entities. and wit also nsre b the bes>BG of any thid party
named as a codefendant wih us a wih arty of the foregarsg n a chain whicts is subject b this arbitration provision. Your rights and obNgatiorss under this arbiration provision shah ixre b the benefit of
and be binding upon all persons axs6tachtraly liable under this Agreement and all Authorized users of the Aaxxrst.
Srr-+va1 ~Htris Prowsan. This arbiration provision shag survive terminafion of yosrAccarnt as weN as vokrttary peyrrnent n fuN by you. any legal proceedings by us b collect a debt owed by you. any
~~PbY by Yce ~ anY sale by ttrs of yosrAcaxtrnt.
Right m Reject Arbitration. You may reject the Arbitration of Disputes section by providing us a notice of rejectlon wffhin 30 days after receiving a Cab, at the folkwring address: Discover
Card, PO Box 30938, Satt Lake City, UT 84130-0938. ff you were previousy subject b arbitration with respect b any account wih su, this right b reject arbiration wit not appy b you. Your rejection
rnatice must include your name. address, telephone number, Accarnt number and signahure and must not be sent with any other oortespondence. CaNng us to inricete that you reject the Arbitration of
Disputes sewn a send'ng a rejection notice n a manner afarret that does not axrspy wih aN applicable requiremerds is insufficient notice. n order b process your notice. we require th~ the notice
be provided by You diecty and nd through a Chid party. Rejection of anti-tra-tics w5 not afiect yow other rights a resporrsibiNties under this Agreerrrert or your abNgation b arbitrate disputes uKia any
other aceaffi as to whictn you and we have agreed b arbitrate disputes. ff you do not send a rejection notice. You wit be obfgathd by the Arbiration of Disputes section with rasped b this and any prior
aocosant you have had with us, even Y you have previortrsy sent a rejection notice wih respect b that prior aocatrnt.
LEGAL INTERPRETATION OF THIS AGREEMENT
Severabiltty. M any part of this Agreement becomes unenforceable, N wfi not make any other part srnenfaceable, except that if the Class Action VlFaiver set forth above in the Arbitration of Disputes
section is iwaGdated in any proceeding n wlrch you and we are nvoMed, then the Arbiation of Disputes section wi be void with respell b that proaaidirg.
Compliance with Interest Rabe Limitations. Wre intend that this Agreement wiN corrrply wih applicable merest rate irnifatians. You wit not be requied b pay Finarsoe Charges a other charges at a
rate that Ls greater than the nnaxinum amount pemnttted by lauv. ff N is ever fnaly deter~rnined that. but for ths section. the France Charges a other drarges under this Agreement would exceed the
nrnaxirtxm laurfitrl amount, the France Charges and other dnarges wiN be reduand b the maxinun lawful amount. Any excess amount that you have akeady paid wit be used b reduce the ottrtstand'ng
balance of your Account a wi be refunded b you by n>eans of a cf neck in our disaetan.
Governing Law. This Agreement and array claim or dispute arising out of this Agreement will be governed by applicable federal law and, b the extent state law applies, Delaware law.
ASSIGNMENT OF ACCOUNT
Vlie may sell, assign or transfer yaurAoaxmt a arty portion thereof with-0ut notice to ya,. You may not seN, assicys a transFor yarAocoud witt>-orrt fret obtairrng our prior um~r corueni.
CHANGES TO THIS AGREEMENT
We may change any term a part of this Agreement, including, but not united to, any finance charge rate, fee a method of computing any balance upon which the finance charge rate Is
assessed or add arty new term or part to this Agreement ff required by law we will send you a notice at least 15 days before the change is to become effective. We may apply any srtrch
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 ff 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 nofce of change, in which case your Account
will be closed and you moat pay us the baance that you owe us under the existing tense 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 dale, even if you pre-vlously notified us that you did not agree to
the change.
We may also change any tens of any product, service or benefit offered in connection with your Account We will notify you as required by law or by the terms of fhe product, service or
benefit
PRIVACY POLICY
We are required by federal law to provide you with a copy of our Privacy Policy each year. If you have previously notified us about your privacy preferences, as described in Section 4, it
is not necessary to do so again unless you decide to change your preferences.
We Respect Your Privacy
Orr missions fo provide you with superior prodrets and services, along wih the peace of mind Iviowhg that the secuiy d your persor~l infomration is ar fop prioriy. Wie understand your carcems about
guardsg i~ionnaNon about you and yourAo~t V1k want to assure you that we have taken steps, and wi cartiwe m false steps, b safeguard that ~tom~ation.
This Privaq Poicy desafies oa efiats to meet itv~ objec•ives. h irekides a summary of the toio+Nmy rnpatant irfarrration:
A listng of the personal infartnation we
The circurstances in whictr Mre may share nfomgtion vvitr others;
The ways we safeguard the confidentiality and securty of Rrfornation;
and
The steps you may take to lint our sharing of such irfartnation with
others. See Section 4 for complete detail.
Please read our Privacy Poicy prefrrty. n wit help you understand how we ooiect and share information.
1. What Pereonal Irdorrnadon Do We Cdlect7
To serve you beber and manage our business, it is irrrportant that we ootlect and mairtain acanate personal irfonrration about you. Wb obtain th's irtam>ation from applications and other tams you
submit to us, from your deafsgs with us and others, from oor>srmer reporlig agencies, and iron ether saraces, such as our Wleb srles. For example:
We may obtan iniomration such as your name, address and date of bath from applications and other toms you strut m us.
Wb may obtan information such ~ Accamt balances, payment history, your use of yourAooant and the types of services you prefer from yauriransactions and other dealogs with us and others.
We may abtan inionnation such as the balances d yoga bans with other lenders and your payment h'stary with others from consrmer reportig agenaes.
Wie may abtan infartrration such as your tntemet service provider, your etrrai address, you computer's operating system and Web bra~n+ser, your yVeb site use and your prodrxd and servce
preferences from your visas to Wteb sites.
2 la Pereonal Infonnafion Shared with Othere?
Wle irit the sharing of idorrrstion with others. Many of the offers you receive for prorluds and services are provided directly fo you from us. Far example, a retailer that accepts the Discover' Card may
come th us wih a spectal offer •or Carctrrernbers, such as a disoamt eerffaate a product upgrade. Atla careful consideration of the nahre of the offer and Ire company, we veil create a list of
Cardrrembers who may be ted'n the otter based on certain ct>araderistics. We wit lard the offer diectly to those Cardrnernbers on babel d the relater by, for example, 9 an insert in
that marrthy Ming statement a maiig the offer ourselves. Wle cantrd the irfanrration used to make the after, vac do not share the list or arty ir6onr>ation abort orr Carrytrernbers wih the retaier.
However, please rardershand that'rf you do receive this type of offer from us and ctroose to take advantage of i, the retailer may then team information about you because only Cardmembers wih carter
ctharacteristicsneceived the otter.
There are, how+ever, ciamstanoes in which we may share the infarmatiar we ooied about you, as descrbed in Sedan 1, wih other oarrparwes ~ order to pnrride you wih access to prodr~ls and
services and to service your Account efiedivey, as detailed baleen. We requie these ~panies to adhere to our priwary standards arxi to use this irfornation ony fa the inithd purpose for whidr i
was shared. Wre do nil stow them to moose i to others wdhart orr prior approval.
a. Sharing Personal lnlbrma(ion wrt<- OurCorpo~e FarnBy
Orr capaate famiy offers a variety of products and services that csm help you manage yorr fsrances. In order m provide you wih access to these products and semrioes, we may share the iriomraiiai
we wllect about you, as described n Section 1, with other memtxxs of our corporate farnly. These corrrpanies inclide fnanaal service providers that offer credit protection, card se-vicirg and payment
I~~h9 .
b.
Sharing Aersor-aihrformedion wiCr NorfAflifatedParties for
Mmketing Purposes
We may share the hfomration we cooed about you, as descrired n Section 1, with non-a~liated thirrJd parties, ~dud'ng those that accept the D Card, ~ order to provide you wih access to
products and services offered directly by these companies that may be d value to you. These companies irckrde fmarrcdal service providers, such as insurance wmparies, and ncrffrrancial carrparries,
such as retailers.
Sharing Persona~lyda-nation with Otlrers
Wie may shanethe idarrration we acted about you, as described h Section 1, vvih companies that perform support a markehrg services an our t>ehal, such as rrmTrg, market res~h and data processix~
other frrar>aal irstiirtions witlr which we have joint marketing agreertrenls; or companies that are our parfnersfor co-bard aedd card prograr>,a a rewarid progrars. Vlk may Aso share such idarrration as
penni6ed by taw.
How Do We Protect the Confdentiality, Severity and Integrity of lnfamatbn about You4
V41e maintain physical, eledroruc and prooedral safeguards th protect the nfornatian we collect about you. Access to such irfom>etion is resUicted th indroiduals who need d n order to service your
Accarrt a provide products and services to you, and who are traired'n the proper hardtirg of such idortnation. Employees who violate these eadrdantiaRy requierrierrts are subject th our discipfsiary
process. Where thud parties provide support services, we require Them to corfarn to our privacy standarcs.
tl ~ important tlrat the nfortrration vve maintain alxxrt you is accurate and complete. I you see ir>fartr~ion n your mouthy bitig statements a elsewhere whidr sugge~s that our i>forrration 's
ircarrrplete or inaxurate, please write b us at Discover Card, PO Box 30943, Salt lice Ciy, UT 84130-0943 so that we can update this udonrration.
4. How Can You Limit Sharing of Information About Your
Vlk respect yar privacy and otter you daioes as b whetherwe may share ifarrrration about you wih others. Yau Move the option b teq us not b share the uda-rtgtiar we oolect abaft you, as desa~ed'n
Section 1, war rror>',aif~d thid parties. Yau also have the option b tel us not b shoe the irfbrrrration we oogect about you, as desathed h Section 1, wih companies n ax corporate famiy.rya, irate a
preference breilher d these options, please uxlerstand that you may not receive offers for products and services provided by other companies that coca help ~ k~ Y~~, ~dmme your fnarw3al
resources, armanageyarfna,oes.
To indkate your preferences, please call us at 1.800-225~T02 or write b Discover Card, PO Box 30961, Salt Lake Cil)r, UT 841300961. If you have previously notified us about your
privary preferences, it b not necessary In do so again unless you deride b change your preferences. Yourwrifien request should uaNxle yar name, address, bleptrarre number and Aoooud
rxxrrber(s) and should rat be sent wih any other oarespa~derrce. h order b process your request, we require that the request be provided by you diedy and not through a third party. You vriq need b
provide us wih your preferences for ~ aecit card account you have wih us.
You may ratify us about your preferences at any time. Your request wiq rerrvdn n effect urrtil you notFy us otherwise. VVe wiq bona your request and not share this idomrafion except as pemr8ed by
law. For example, federal law permits us to share irfomration about you with oonsurrer reporting agendas, service providers and fnanaal i~tions wih which we have joint marlatirg ageerrrenfs. r
you are a new Cardnrerrber, we wi not share any u>fonrration ~a,t you, except as penni8ed by law, far thirty days after we provide this Poky b you n order to give you an apportunty to irfam rrs
about your preferences. r you are an epstng Carctrrerrrber, Base understand that you may axrtinue b receive mark~g offers dredly from other axnpanies that were aueady in production prior b
the proving of yocr request.
This Privacy Policy is provided b the primary Cardmernber gsbd on the Aooount. However, any jour Carctnernber hoe the right b noti~ ce about preferences and we wit treat that as applying
to the antis Acaourt VUe do not share idomration abort forner arsbmers, except as pemrtted by law. Ttus notificetion supersedes aN previously is~ed Prrvac~r Pogctes. VVe reserve the right b amend
th's Privacy Poky from tine to time and we wi ratiy you f we do so.
This Privacy Pdigr is provided b you by Discover Bank and is subsidiaries, which curtently ialude GTC krsuarae Agency, Inc. and Discover Products Inc. lkiless o8rerwise specified, i applies b the
famly of Discover Cards for consumers and the products and services offered n axnection wih tlrose Cards, ndudhg the VIlaget Protection card registration service (wih the exception of any
urfonr-a6on registered n corrredion wih the service, which wit not be shared). t is l~ ofl~ CerAgreemeni and provides a further explanation of how we a and share irfarrtation. Yau
may have other rights understate laws that appy b 8tis ~fonnafion. Pl~se note that you w8 also recenre pmracy notices far other aedti cad acwurds you have with us, as well as other fnara'ral
products and services provided b you try us and ocx afiiiates. You vaq need b itd~rate your prefererxres for each of these separatey asg disdosed ut the notice.
Vermont Reakterrta - Your stab law requires fnararal iutih4iars b obtain your oo-rsent prior b shamg irfortnation about you with others. Except as pemdted by law, we wit not share irfom>ation we
cdlect about you with nonaffiliated third parties or axrrpenies n our corporate barfly unless you call us at 1.800-0ISCtnIER (1.80x347-2883) and authorise us b do so.
California Residerrta - Your state law squires fnanaal irstiirtior-s b obtain your cbrrsent prior b shamg u,forrr>afion ~a,t you wih ran-affiiated thud parties. Except as pennilted by lair, we veil not
shave infortnalion we tolled about you with ranalfil'r~ed thid parties whie you are a resident of California.
Your Billing Rights
KEEP THIS NOTICE FOR FUTURE USE
This notice carrtairs irportant idomration about your rigtris and our responsi~iities under the Fat Credit Biriny Act.
1. Notry Us In Case of Errors or Questions About YourBrll
r you thhk yow bit a wrong or r you need more information about a transaction on your biq, wnte us on a separate sheet of paper at the address feted on yacx gill far Ndioe of Bigng Eras. Vutite b us
as soon as possible. VVe must hear firm you no latex than li0 days after we sent you the fret biq on which the error a problem appeared. You can telephoto us, but doing so wit nil preserve your rights.
In your letter, give us the fdktwutg i-tfortnation:
• your name and Aocourtt number.
• your dour amount of the suspected error.
describe the error and exploit, r you can, why you believe there is an ertor. r you need more irtfortrtatiort, describe the fern you are not sue about.
r you have authored us b pay your cacti card bit ~ from your sanitgs a dwddng account, you cart stop the payment on any amount you thrtk is wrong. To stop the payment, yore letter
must reacts us three busutess days before the automatic payment is scheduled b orxur.
2.
Your Rights and Our Responslbilltles After We Receive Your
Written Notice
VUe must advawledge your letter withit 30 days, unless we have corrected the error by then. Y4ithin 90 days. we must sifter atmec! the error a exploit why we beleve the tiff was cared.
After we receive your letter, we camel try b coped arty arrtocrtt you question or spat you as degrtquertt Vile ran oontirtue b bit you furthe amamt you question, itdudng firtartce charges and we can
apply any repaid anaunt agaitst your Accoutt cacti fini. You do nct have b pay any questioned amount while we are itvestigatitg, but you are stiq abigakd to pay the pals of your ttiq that are not ur
question.
r we frtd that we made a mistake on your ttiq, you wit rat have b pay any tnartce dtarges related b arty questioned amount. r we didrtl make a misake, you may have b pay the fr>artoe dtarges, and you
wi have b make up arty missed payments on the questbned amain th eititer case, we wi send you a statement of the arttorrd you Dare and the date that i is due.
ff you tai b pay the artarrtt that we think you owe, we may spat you as ciel'nquent. Flowetrer, r our explanation does not satisfy you and you wnle us withit the days tinting us that you stiN refiae b
pay, we rwst trtl anyone we sport you to that you have a question about your biL And, we must tell you the name of anyone we reported you to. Vlk must tel anyone we report you b that the matter
has been settled between us when i frtaly ts. ff we don't fdk>Nr these rules, we can't a>Ilect the fist S50 of the questioned amount, even i your bit was tarred.
3. Special Rule forCredit Card PurG-ases
r you have a problem with the quagty of good or services that you puridtased with a cacti card, and you tried n good faih b carted the problem wih the merchant, you may have the right rat b pay
the remahitg amount due oh the goods ar services. Then are two irtitalions on this right:
(a)
you must have made the purdtase n your (tome state or, r rrot wihin your bane state, wihin 100 miss of your axrerrt maTing address; and
(b) the ptxcftase price must have been more than 550.
These limitations do not apply if we own or operate the merchant or if we mailed you the advertisement for the goods or services.
~. Purchases Made xdfh Checks a Cash Advances
The Spatial Rule fa Credil Card Purchases does not appy to purctrases made with a balance transfer dredc, cash advance a prorrrotional pudtase dredc. Therefore, i you have a problem with the
quality of goods a services that you purchased wilh a balance transfer dreck, promotional purdrase deck, cash advance dredc a the proceeds of a ~ advax:e, You do oat Nava the right to
wilhhdd paynxart of the amount due.
DESCRIPTION OF COVERAGE
SCHEDULED AIR TRAVEL ACCIDENT INSURANCE
DiscoverCard-members are provided with $500,000 Sdeduled Ai Travel Aoddent hsuarce."You, your Spouse, Domestic Partrrer a eigble Dependent Chiden fa whom a ticket was purchased
on your Card (as defrred below) will be autornaticaiy insrred agahst Accidental Loss of Lie arisng from and oocrurirrg on a Covered T' while
Dependent Chicten fawham a ticket was pudased on your Card are ' as a n a ~ Y00, ~ , Danestic Percher a eligil>le
transport service a rid'ng as a passenger h a entemg a exilig cry carveyarroe ioerrsed toto carry ~ ~ ~a Sd>eduled ticraR a a cornreyanoe operated by a mfr
rng rely b a from the aipat inrrred~aley preced'ng the
departure of a Sdreduled Aiaalt on whid the hsured Person has purdrased passage acct inrnedretey folowing the actual of a Sdiedule AicraR an whid the hsrued Person was a passenger.
"Coverage is urrderxRitien by Federal trsruarrce Canpany, a nrerrrber insru~er of the Chubb Group of trsuarrce Companies. Certair lirrithlions and exclusions apply.
PLAN FEATURES
THE BENEFITS: The ful Benefit Anrorurt (5500,000) is payable farAxiderrt~ Loss of Lie. The Loss must ocax withir are yet of theAoddent
MAXIMUM LIMIT OF INSURANCE: ff mere tlran one hsued Person suffers a Loss h the same Aaaderrt, the Comperry vviil not pay more than the nraxirnm Emil of hsur~roe (510,000,000) Per
Accident. ff an Accident rr~lls h Benefit Anxxurts becemirg payable, whid when totaled, exceed the applicable linil of itsruarrce shown atx~ve, the maxinum ~ of hsruarrce over be divided
proportionaly among the hsrued Persons, based on each applicable Benefit AmourrL h the event of mu6ple Acaderrtal deatlrs perAcoant arisirg from cry are Accdent, the Comparys iabily fa ail
such Losses wiM be Foiled b a maxinum Imrt of rrsurarce equal to two times the applicable Benefit Amount far Loss of Life. Benefits wrT be proportionately divided among the hsued Persons ~ to
the marnrxun ling of hsuanoe.
DEFlNTIONS:
e~~i cant or M!~+-~+9r a sudden, uniaeseen axi unexpected event happenhg by charx;e, and includes urravoidade exposue to ek~rrreMs aishg fiom a covered Ffazad.
means bodily hjury whid is Acaderrtal, is the diect souse of a Loss, is irdependerrt aF disuse, guess a other case aid ooaus while this poF.y's h fare.
Af6GYgt means a Cad account.
uo1 mgrs the Loss anourt at the tine the entte cost of the passengerfare is diarged th an Account.
~ nuns the Discover Cad.
t means the holder of the card whose narrre appears an the aedil card.
means the Federal hsuance Company.
p n-~rs travel on a Sdeduled AFcr~t when the entire cost d the passenger fare fa sod transportation, less redeemable ceriificetes, varxirers a coupons, has been darged to the
Insued Person's Account.
means those drildrert, irxdudhg adopted children and those dildren placed to adoption, who ere prirrrariy dependent upon the hsued Person for nrairterraroe and
support and who ere: (1) order the age of 19 and reside wilh the hsrued Person; (2) beyond the age of 19, permarrerrty mentaly a ptrysicaly dratlerrged aid ircapeble of self support; a (3) under the
age of 25 and dassilied erg fuHine students at an irstihrtiorr of higher leamhg.
G>?IDOfi1iG.QiGOB[ means aperson who: (1) a at I~ 18 yeas of age orb wmpetent th enter i-to a contact; (2) Ls rat related to the hsued Person by blood; (3) has ercdusivey lived with the Insrued
Person fa at I~ one year prior to the date of enroFrrerrt; (4) isnot lega9ymarried a sepa-rated; and (5) as of the date of errohrent, has wr1h the hsued Persm at least two of the folowing fnaruaal
~~ (a) a 1~ ~tga9e a lease; (b) a join bank acoorurt; (c) joht Lille to a awrrership d a mothr vehicle a stadrs as a jdrrt lessee an a mots vehicle lease; a (d) a joint aedil cad account
wilh a fnandal irstilution. Neither the krstxed Person northe Donestc Partrrer can be married to, trot h a dvil union wilh, anyone else.
j~ means the covered arcrnutarrces fawhich this hsruance is provided as stated h Section III d the Dedaations, HararcJs, and described h the Hazards tam, as described on page 1 of this
~•
ICSYMiI.~ga nr~ns al Cardnrembers, their spouses, Domestic Perchers and Dependent Children, as well as autror¢ed users of the Accaxrt.
less means the Loss of Life.
means death, irdudng dnical deatir detemvned by the brat govemirg medical autrarities.
nrearrs DFS Services LLC, the entiy responsble for the payment of premium.
~9dY19d,ejL9LS$ rriearrs an aicraR wined arxira operated by a Sdeduled AirFre.
~ mans an aiFre which La eitlrer of United States registry and certified by the Uniled States goverrxrrent to racy passerigers on a regulay scheduled basis a of foreign register and
approved by the United States grnrernnrerrt and the appropriate foreign authoriy.
~ meats hastifitie.4 folo~+rirg a declaration of War by a govenxrrerrt aWror4y. ff there is rw dedaraliar of War, then (1) arced, open and continuous hasfili"tes between two o~rurtries a {2) armed,
open ax1 continuous hostilities between two factions, each h control of tenitay, a daini-g jurisdctiori over the sile atthe arm of hostiily.
DISAPPEARANCE BENEFITS: ithe irrsrued Person has not txierr iauid wi~rh one year aftie dsapp~rarrce, starrdrg, sidvg, wredvg a breakdown of cry Sdeduled Aicratt a cornRyarrce n wind tie
hsued Person arcs covered as an occupant, il wi be assumed, subject ip al otierterrris ctthe poky, trattre hsued Person Mors sugared Loss of Lie covered urderth's poky.
EXPOSURE BENEFITS: Aaddent irdudes unavoidable exposure th elerrrents aisiig from a covered Hazaryl.
ELJGIBILITY: This irsuance plan is provided to Insued Persons aulotrwticeily when the entie cost of the passenger fare(s) on a Sdreduled Airiire is drarged to the Cardmerribefs Aocourt while the
hstuance is effective. fi Ls not necessary fa you to natty the PoilC,ylalder a the Compary when Sdieduled Anne tickets are piuctrased.
EFFECTIVE DATES: Your hsurarrce under this irsraarce plan is efredirre an the later oF.1) April 1, 2007; a 2) the dateyou beoonie an elgirleCard-member Yotx ireruance coverage order this
hsuranoe plan wi cease on the eerier of: (1) the date the irsurarx;e coverage is tennhated; a (2) the date you cease to be an eli~ble Cardmrember.
COST: This insurance plan a provided at no addilional cost to etigirle Irrsrxed Persons for Covered Trips. Pdicylrokier pays the fui cost of the iuiuarce.
THE BENEFICUUtY: The Loss of Life benefit wit be paid to the berrefidary designated by You. ti no such designation has been made, that beneR wit be paid b the fret suvivig benefiaay h the
following order: a) Y~ spouse; b) yar children; c) Y~ P ~ your brothers and sisters, e) your estath. All other irderrrrfies wit be paid to you. t you w'sh to dange your berrefioiary, you may
request a berieficlary designation form by writing to the plan adrrrirristrata at:The Diect Nlarketrrg Group, Inc.,13266 Bedford Avenue, Omaha, NE 68164 a at Be~TheDireclwilG.com.
EXCLUSIONS: This hsurarxx: plan does not Lass resuthg tom: (1) an Acciderrt occurring while an hsred Person is h, entering a exithg cry aicraR owned, leased a operated by this
Pdicyhdder a any aiaaft awned, a operated by an empbyee of the Pdicyholder an behai of the Poiryyholder (this exclusion does not appy to aicraft clattered with plot a crew on one tine
darter basis), (2) err accident while an Insured Person is h, errthrirg a exilirg any aiaaR while actirg a trairiig as a plot a crew member (this exclusion does nil appy to passerrgers who
t~-+P~N P~ P~ or crew finctiorrs n a ife threratenirrg errrergerny); (3) emotional trauma, mental a physical iFress, dis~e, pregrraigr, dikbirtlt a rrascaniage, bacterial a vial irfection, a
bodily maiurctions (except bacterial idection caused by an Accident a from Accidental consumption d a subsharice ~ by bacteria); (4) suddee, attempted suitide a Loss that is htntiamaly
self-irtiic;ted; a (5) declared a uxledaed War.
CLAIM NOTICE: Writkn slain notice roust be giverr to the Carpary witho 90 days after the occurrence d any Loss covered by this pdi~r err ~ soon as reasonably possble. Failure to give notice
withh 90 days will nil irrvalitate a reduce any otherwLse valid dain i notice is given as soon as reasanaby possible.
CLAIM FORMS: Wtren the Company receives notice of a chin, the Company will send you fame far givhg prod of Loss to us vinlhh 15 days. ti you do rrd receive the Tams, you should send the
Canpany a written description of tie Loss.
CLAIM PROOF OF LOSS: Complete proof of Loss must be given to Canpany withii 90 days after the date of Loss, a as soon as reasonaby possible. Failure to give complete proof of Loss withh
these terse frames vvii not enralidate any otherwise valid Jaen y notice 's given as soon as reasanaby possble and ~ no event haler than a>e year after the deadirte to submft complete prod d Lass.
C W M PAYMENT: The Company wrll pay you a you beneficiary the appicable Benefl Mount wihin 60 days after canplele proof d Loss is received and ft you, the Poiryhokler andla the
benefidary have aompied wih ai the terms d the pdiq.
ARBITRATION: n the event da depute urxlPrthis poky, eiherthe Cam-pony athe nerxed Person may make a written demand fa art>tlration. n that case, the Carrpeny and the etsrred Person wi ~
select an arbitatar. The fitio arbirators wi select a thed. fi they carrrot agree wrUrn 15 days, either the Company athe Insured Person may request that the dxrioe darbirator be subrrdted to fre Amerian
ArbNration Agsodation. The arbiration wi be held'n the state dthe ersrxed Person's prnapel residence.
IF YOU HAVE ANY C W M RELATED QUESTIONS, PLEASE CALL THE C WMS SERVICE CENTER AT 1-000-CW MS-0 (1.800.252670).
You can also go to the Company Vlkb srle (dptpt~,~, dick
on Report a Loss, select Acddert, Benefits and Life dams, select the
appro•prFate farm, Print out the dam tam, M out and mail. You can file a daim by mat or fax
Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES
CLAMS SERVICE CENTER
600 INDEPENDENCE PARKWAY
PO BOX 4700
CHESAPEAKE, VA 23327-4700
Fax Number. 104300-2538
As a handy reference guide, pl~se read this and kcep d n a safe place with your other insurance doaxrrerrts. This d d coverage is not a contract d e>surance but is a summary d the
P~Pd P d the e~rxance while in effect. Car>plete pdicy Provisions are oontaned'n the Master Pdicy, which rxr be otrfae>ed from the Poicyfrdder.
Poicy t1990tr18-06
Pdicy llnderwriten By Plan Admnistrata
Federal nsurance Company The Deed Marketing Group, Inc
a member ir>scxer d the 13265 Bedard Avenue
Chubb Group d nsur~ce Companies Omaha, NE 66164
15 Mountain View Road, PO Banc 1615
Warren, NJ 07061-1651
DESCRIPTION OF COVERAGE
SECONDARY RENTAL CAR COLLISION COVERAGE
Discover" Cardmembers ~ benefd from the security and safely offered thrargh Fxoess CaNsion Damage Waiver. N you rent a vehicle fa 3t conseauive days a less (a 45 days under tartan
drerrr~tances described bebw) wih you Card (as defxred below), You may be efgble for berrefts rxrder this ooverage. Excess CoNsian Damage Waiver is an e>surarxx: program, ~ by
Federal Insurance Company Pdicy ~990G17-63 (the'Pdictl').
DEFINITIONS:
A~YOt mss a Card accamt
Achnl Cash Value means the cxxrt to repa'v a replace the Rented
Autoarrobie at the time d loss, less depredation.
means the holder d the Card whose name appear; an the aedt card.
~ means the Discover Card.
means Ore deed and acadental damage fA a Rented Automobie caused by upset a cdision wih another of~ect. CoNsion Damage does rid ndude loss used by missies, Faing
objects, fre, fhett a leroarry, explosion, eartlrgcralae, wexlstam, hail, water, flood, rrralidor~ misrhnt a vandalism, riot a dvi oorrrrrofion.
) mans the Federal hsu~ce Company.
laWLifl mans Cardrrrenrbers and authormed users d the Accau-t.
means DFS Services LLC, the entity resparsnle to the paymwrt d premium.
BO~lBp14G!! mans a cormrerdal automobile rental company icensed underthe laws d the applicablejudsdidion.
B~,SI~IB means a tour-entreated priwa~ passenger type moor vehicle a a mnivan manufactured ~d designed to transport a maxirrKxn d seven passengers and used exccusively to tarty
passengers. A Rented Autanrobile must be designed fa travel on pubic roads and rented from Rental Agency.
TO GET COVERAGE:
The Cdision Damage Waiver Coverage is provided to you, as an Insred, autamaticaiy when the entire rental fee for the Rented Autanobde is dtarged a debied th you Account. ft is not necessary
fa you to ratify the Company at the sane the rental fee is drarged a debied to yourAocorrd.
You must dedne the LosslDamage Waiver offered by the vehicle
Rental Agency.
You must rent the vehicle n your own name and sgn the vehicle renml agreemenUcartrad.
The coverage period will rat exceed 31 consecutive days, or 45
consecu-ti+re days rT the nsued is ~ employee d an organ¢ation whidi has pro-vided a Card to the Insured for buvress use.
THE KIND OF COVERAGE YOU RECEIVE:
n car>sideration dthe premirm paid by the Pd'wyfrokler as requeed, and subject to ai the terms dthe Poiry, the Company sprees th reimbcuse on an Actual Cash Vntue basis ether the hsured a the
Rerdal Agency far repair a replacement dthe Rented Autar,obie as a result d Caftision Damage th the Rented Aubmobde. The Companys Y wi be ti,r a maxrrxm ~t d $25,000. n no
event wit the Company be Fable beyond the amaxds aduaiy Paid by the hsured a the Rental Agerxy.
N you a an nsureds primary vehicle nscxance a dher coverage has made payments for a covered loss, Excess Coision Damage Waiver wit cover your deductible and any other elgide amounts rrot
covered by other eucrrance.
This coverages rxrt alFndusive, which means ft does not ornrer such things as personal njury a personal . k does not cover you fa any damages to other vehicles a property. ft does not
Yce ~ anY n1aY th ~Y Pah'•
VVFlO IS COVERED:
D Cardrr>embers
EXCLUDED RENTAL VEHICLES:
Oft-road, argelue a imrted edbi 'on mots vehicles; trucks; repeetiortal vehicles, campers, PAP , and miwbuses; lenited edition motor vehicles a high value, erroticc, high perFarrrance a coteda
type. High value moor veftides are rtabr vehicles whose replaeerrrent value exceeds 550,000, and antique mots vehicles are darned as arty vehicle offer 25 years old, or arty vehicle which has not
been manufactured for 10 years a more.
WHERE YOU ARE COVERED:
Coverage appNes to vehicles rented'n the UrtNed States and Canada any.
Coverage is not available where proh~ted by law.
WHAT IS j~ COVERED:
Coverage does nil appy to loss res<tlting from the fdktwitg:
Any dishatest, fraudulent a ahthal ad of the blared.
' Forgery by the blared.
• Lces due to rrar a canfscaticrt by authort~'es.
Loss due to rxuJear readiart a radioactive oontamirtatiort.
The Iruued berg intoxicated. as defned by the laws of the jurisdiction where the bss oowmed, or under the itlk~ertoe of any narcctic unless prescxthed by a physidan.
• Use of the Rented Autarobile to caYry passengers and properly fa here.
Use of the Rented Automobile by a person other than the are author-¢ed to operate the Rerded Aulorrrobie by the terms aF the Rental Agreement.
Loss of use of the Rened Autonmobile.
Intentional damage to the Rertfed Automobile by the blared.
Damage which is due and confrted to wear and tear, freezing, mechani-pl a electrical bealadown err failrra.
Damtage to tires unless the bss is cohddent wilh a covered loss.
Use of the Rertthd Autartobile h tests, races a contests.
The Rented Aulorrtobile behg operated a kxxted'n arty territory prohilsted by the terms of the Rental Agreement.
FOR INSUREDS VYFIO ARE NEW YORK STATE RESIDENTS:
To the extent that th's plan provides hsrxartce agahst damrege to a rented mots vehicle, the foNowig terms and catdiliorts appy: (1) the period of atsurartoe coverage wi not exceed 31 oatseadive
days, a 45 canseafive days N the Irtstred is an employee of ~ organa~ort wltictt has provided the Card th the Instred for business use; and (2) the itsttrartce provided by this plan will be excess
over any other vafid aril coNedrble atsraar~e cover-hg the Rered Aubrrrobile. However, the i~oe provided under this plan may be primary if spea~caly provided fa uMerthe temps of this plan
and N the fobrwg criteria is met (a) the Rented Autorrtobile 'ts rented fa use outside the United Stales, ilg temNaies and possessions; (b) the hsrsed is an emtpbyee of an orgartoaliort whidt has
provided the Card th the Insured for bushels use; and (c) the Rented Automobile is rented wtTftout a diver.
HOW TO FILE A CLAIM UNDER EXCESS COLLISION DAMAGE WAIVER:
In the event of a claim, wtithrt a verbal notice mud be provided as soon as reasartaby possible.
IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CWMS SERVICE CENTER AT:1$OO~CLAIMS-0 (1.600-252~670~
You can also go to the Company Web Bile (~plpyg~,g~, dick on Repot a Loss, select Aocldent, Benefils and L.Ne claims, select the appropriate form, prirtl out the chin tam,li out and mail. You
can file a claim by mail a fax.
Mailing Address: CHUBS GROUP OF INSURANCE COMPANIES
CLANKS SERVICE CENTER
600 INDEPENDENCE PARKWAY
PO BOX 4700
CHESAPEAI~, VA 23327700
Fax Number. 1~800.30Q-2538
CLAIM PROCEDURE:
The Insured must send the Company vKitiert notice of a chin, atdudtrtg the Insured's name and Poilcy rnsrtber, withh 90 days afttx a covered loss oowrs. N notice carrtot be given wilhh that tans, il
must be given as soon as reasa-aby possible. To file a swam Proof of loss, the blared mwst send the following itfomrtation to the Company a ill authaiaed represertthtiwe:
A copy of the Acxz>urtt statement showhg the automobile rerrtal transaction.
A copy of the aulanobile rental agreerrtent.
A copy of the Poise repot.
A copy of the hitial chin report submtitied to the aubmtobile Rental Agency.
A cePy of the paid chin presented by the automobile Rental Agency fa the Coisiort Damage for which the blared is responsible.
Proof of sithrrtission of the loss to, and the results of any settk•artent a denial by the applcable itsixartce carrier(s).
N rto other hsixarx:e is applicable, a rtotar¢ed statement from the hsimed to that effect.
Reminder: Please refer to the Insurance Disclosures section.
INSURANCE DN,iCLOSURES
As a handy reference guide, please read this dowmient arxt keep il h a safe place with yoir other itsurance downtents. This Summary ofCover-age is not a oartrad of i~ranoe but is simply an
infomrtative statement to elide hsixeds of the prindpal provisions of the itsurartce while h e(fed. Complete provisions pertaining to this plan of ktsuance are oorflaited h the m~er poky on file vuih
DFS Services LLC, herein referted to as the Policyholder. N a statement h ths Suntrnary of Coverage and any provision h the poky dNFer, the Doicn vdil oovem.
PdicY Undenwdtteri By Plan Adm~trator
Federal Insurance Comtparry (Compartll') The Direct Mankeing Group, Inc.
a member of the 13285 Bedford Avenue
Chubb Group of Insurance Companies Omaha, NE 681 fi4
15 Mountait Vrew Road, PO Box 1615
Warren, New Jersey 07081-1651
Mader Pdicy Pki-nber: 990fr17~63
Effective date of benefits: Effective Aprf 1,2007, this guide rephoes al pia drsdosrres, program desaiptions, advertisig andla broctnures by any party. Poliryhokler and Company reserve the
to diarnge the benefits and featires of these prograrrns al any tine.
Cancellation: PoCwjdncider can cancel these bennefits at any time a chose not to renew the insurance coverage for aw authar~d Cardfrrembeis. ff Poigtalder does carncel these bennefits, you wit be
rnct~ied at least 60 days h advance. M the Canparny terminates, ceinoels a diooses not to renew the coverage io Poirytnolder, you vNq be ratified as soon as a pactir,able, hsr~oe beneids wi s671
apply fa' any bernefds you were etrghle for pia b the date of such tenrmatians, carnoefption anon-renewal, subject to the terms and corndiiorns of coverage.
Benefits to you: These benefits appy any to Carrtnernbeis wtnose ~ are issued by U.S. frnarncial nstiditans. The united States's defned as the 50 Untied States, the District of CoNrnbia,
Annerican Samoa, Puerto Rioo, Guam and the U.S. ~ Islarbs. No person a entgtr other than the Card~rrnernber shat have any legal a egrrfable right, reriledy, a claim fa insuance proceeds
andla damages under a arising out of th's coverage. These benefits do not apply i yorr Card pivieges have been cerncelled. However, iunrarnce bernefAs wit stiq apply fa any bernef'd you were
eggrble fa pia to the date that your Aocounl s suspended a carnoeled subject to the temns and carxlntions of coverage of your CarctinerrdierAgeerrnernt.
Transfer of rights or benefits: No rights a benefits provided order these insurarnce benefits may be assigned vn~hout the priorwritien consent of the Company.
MiarepreaeMation and Fraud: Coverage of the hsured wit be void i, at any tine, the hsured has concealed a misrepreserded any material fact a cxwnetance oxncerining this coverage athe
subject the-eof a the idaest of the hsured tnere+n, a in case of any fraud a false swearing by the hsued relaUrg thereto.
Coverage far an hsued wql be void i, whetlner before a after a loss, the Pogcyholder a its sutx~ning organaaliorn(s) tnas cainoealed a rrnisreprasented any material (act a circur>starnce oornoe-nig
this athe subject thereof a the interest of the hsured thereh, a h case of any feud afalse swearing by the Pogcylnolder a its subscnbig agan~zadion(s) ndating hereto.
Additlon of New Insureds: All etgrble persons rNq be aubnnatipity insued under this Pogcy.
Examination Under Oath: K is a oonddiorn of this insuanoe that the hsued and the Porx~rhakier, as oftcrn as may be reasonaby requied by the Company, wiq submt, and vughin its poara ranrse
others th submit, th examirnations urnder oath and wit produce far examination all wrings, books of aa:ount, hgls, invoices arxi other vouchers, a oer~ad copies thereof f origirnab are k>st, at such
reasonable tune and place as may be designated by the Company a its represerrtative, and wfi pemnd extracts and copies thereof th be made. No such examiratian under oath,
exarrni•n~orn of doamerds a any otlner act aF the Company, ~ errnployees a represer>fatives h oannedion with the inresfigatiar a(any loss a dairrn wi be deemed a wanner of any defense and such
acts shah be deemed b have been made a done wghout pejudioe to the Camparnys fiabNly.
No Benefft to Others: This coverage wit it ce way ixxe dnrn3ctly a indgedty to the bernefit of arty insurer, person a arganaaRion a other bailee.
Subrogation: fi is a carnddion of this insurarnce that f the Company pays the hsued fa a knss, d vhq requee the hsured th assign ark transfer' any claim a right of action against any hdividual, frm a
carporetion far such bss tp the Company a sutxogate a hold h trust al such rights to the extent of the amount paid The hsured wvT agree to take action as requested by tine Company to enforce such
~• Upon p by the Campaiiy to the hsured, the lnsrsed agrees to died enfaroernent of such rights as reasonably requested by the Company and b rehxn to the Company arty recovery to
the extent payment of loss has been made by the Canperry.
Arbitration: In the everd of a dispute under this poky, eitiner the Conn-pony a the hsured may make a vrrdten demand fa arbgration. h that case, the Company and the hsured wiq each select an
arbgrata. The fiNO anti-tra-tors vui select a third. ~the~r carrot agree wdhhin 15 days, eitlner the Corrnpany a the hsured may request that the d>oioe ct arbdrata be submitted to tlne Mnerican Arbitration
Association. The arbitration wtl be held h the stab of the hsueds pihcipel residence.
GLOBAL TRAVELER'S HOTLINE TERMS AND CONDITIONS
The Gbbal Traveler's Hotl'ne provides Cartrrnembers ernd that famties a wide range of five travel assistance bernefits. ti is operated by AXA Assistance l1SA, hc.lfeit Discovemard.aontlh'avel to team
more.
Eligibility. You must be a Cardmember wtnose Accent is in good sthrnding, the Cardmember's spouse a dependent drib travegng with the
Candmernber a an Anithor¢ed lJser of an Aooournt an good sfandxg.
Third-Party Charges. Gknbal Traveler's iiolfrne is not hsuance, so you wit be responsgnle fa al lhirr!-party fees and expenses fa services requested, such as proFessional a rrnediCal fees.
Availability of Services. Certan servk>as may not be avaiable in al areas. Coq us at 1 800-DISCOVER (1800.347-2683) fa assismnce a'rf you trove questions about a speafic de~ination. Outside
the U.S., call us cdlect at 1-801-00'L3100. While AXA Assistarnoe wry make every r~sanable dFort to provide the services, r~lxx AXA Assistarnce ran Discover Bank a our respective aifgiates wid be
liable f a service is not provided a for arty services that are provided by thid parties. The services and these terms and oornddions are subject io charge wghout notice.
DISCOVER BANK
6500 NEW ALBANY RD.
NEW ALBANY, OH 43054
vs.
KELLY A. MAXWELL-DICE
332 10TH ST.
NEW CUMBERLAND, PA 17070-1306
COURT OF COMMON PLEAS)'
N
=-
CUMBERLAND COUNTY C r
V
CO rr'
C-0
DOCKET NO.: 10-2334 CIVIL TERM
DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
The Defendant, KELLY A. MAXWELL-DICE, respectfully requests that the Court, deny the Plaintiff s
Motion for Summary Judgment for the following reasons:
Defendant is currently unemployed and is suffering a financial hardship. Defendant has successfully negotiated
settlements with other creditors, and is hoping to come to a settlement with Plaintiff.
2. Defendant entered into a debt management program with Sierra Financial Solutions in May of 2009.
Defendant is attempting to negotiate a settlement with Plaintiff, through Sierra Financial Solutions, 2222
Michelson Dr., Ste. 222-601, Irvine, CA 92612-1332 Ph. 949-777-2396 Fax 949-777-3481, who has
Limited Power of Attorney to negotiate, on behalf of the Defendant. Sierra Financial Solutions, has been in contact with
Plaintiff's Attorney, Apothaker & Associates, P.C.
WHEREFORE, Defendant prays that the Motion for Summary Judgment against her be denied.
Pro Se
KELLY A. MAXWELL-DICE
332 10TH ST.
NEW CUMBERLAND, PA 17070
717-770-2233
CERTIFICATE OF SERVICE
In the matter of DISCOVER BANK vs. KELLY A. MAXWELL-DICE, COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, DOCKET NO: 10-2334 CIVIL TERM.
I hereby certify that I have this 18TH day of MARCH, 2011, served BENJAMIN J. CAVALLARO,
APOTHAKER & ASSOCIATES, P.C., 520 FELLOWSHIP RD. C306, MOUNT LAUREL, NJ 08054 with
the foregoing Opposition to Motion for Summary Judgment by placing same in the U. S. Mail, postage First
Class,, pre-paid.
} 1 -1
L!L 14 L ` L(?Q 2,? March 18, 2011