HomeMy WebLinkAbout10-2340Ouri File No.: 249752
APO THAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire TH E ,r -,10TARY
1 0
Atto
-
rney I.D. #38423
520 Fellowship Road C306 ? wf
2110 n, -- ! i 3: J w
Mou nt Laurel, NJ 08054
(80C ) 672-0215
?•
Att eys for Plaintiff
DISCOVER BANK ) COURT OF COMMON PLEAS
650 NEW ALBANY ROAD ) CUMBERLAND COUNTY
NEW ALBANY, OH 43054 )
NO.: 10 -.1540 0,4v1t-Fem
Plaintiff, )
vs. )
BARBARA J MINNICK )
191 SPRING RD )
CARLISLE, PA 17013-1170 )
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
clai s 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.
CU BERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CA ISLE PA 17013
717-249-3166
OS
q&.oo Po pmf
P,* aq o 145-
Our File N6.: 249752
APQTHAKER & ASSOCIATES, P.C.
BY:' David J. Apothaker, Esquire
Attorney I.D. #38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Atto evs for Plaintiff
DISCOVER BANK ) COURT OF COMMON PLEAS
650 NEW ALBANY ROAD ) CUMBERLAND COUNTY
NEW ALBANY, OH 43054 )
NO..
Plaintiff, )
vs. )
BARBARA J MINNICK )
191 SPRING RD )
CARLISLE, PA 17013-1170 )
Defendant. )
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff is DISCOVER BANK, 6500 NEW ALBANY ROAD, NEW ALBANY, OH 43054.
2. Defendant(s) is/are BARBARA J MINNICK, an adult individual residing at 1915 SPRING RD
SLE, PA 17013-1170.
3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK, issued to
s), Account #6011002012729919.
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 $12,282.25. 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
ied 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
$12,782.25 and requests this Court award costs to the extent permitted by applicable law.
APOTHAKER & ASSOCIATES, P.C.
Attorney for?ff
A Law Firm Engaged ' D t Collection
BY:
David J.
: 3/25/2010
Our (File No.: 249752
VERIFICATION
hereby states that I am counsel for plaintiff in this action, and that I am
to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true
and orrect to the best of my knowledge, information, and ief. The undersigned understands that the statements
therein are made subject to the penalties of 18 Pa.C.S.A,'4 9 4 relating to unsworn falsification to authorities.
?I
David J. Ap haker, Esquire
Attorney for Plaintiff
DATE: 3/25/2010
DISCOVER BANK
BAARA J MINNICK
191 SPRING RD
LE, PA 17013-1170
STATEMENT OF ACCOUNT
Debtor's Name: BARBARA J MINNICK
Number: 6011002012729919
Our
Due: $12,282.25
File No.: 249752
EXHIBIT "A"
Discover Bank
6500 New Albany Road
New Albany, OH 43054
Plaintiff
vs.
Barbara J. Minnick
1915 Spring Road
Carlisle, PA 17013-1170
Defendant
Answer to Notice
Court of Common Pleas
Cumberland County
NO: 10-2340 -Civil Term
1. Plaintiff is Discover Bank
2. Defendant is Barbara J. Minnick
3. Correct, Barbara J. Minnick was issued credit card account # 6011002012729919.
4. Correct, Barbara J. Minnick accepted and used the account.
5. Correct, the account is in default.
6. I enter my "Exhibit "A" which is copy of a letter sent certified mail to Apothaker & Associates, PC.
stating that my intention is to pay and that I have entered into an agreement with Freedom Fideliity
Management to settle this account as soon as possible.
~~
~~~r~it.~^ ~~l~.C
~.
Barbara J. Minnick
04/28/2010
c~ a -
~, r;
~.~: - m
~ ;m
L_;
'T+ i
April 28, 2010
Apothaker & Associates, PC
520 Fellowship Road C306
Mount Laurel, NJ 08054
REF: File # 249752
Barbara J. Minnick /Discover Bank
To whom it may concern,
EXHIBIT "A"
C OO GIN(
It has always been my intention to pay off this debt that I have with Discover Card.
Unfortunately, my husband and I have been and continue to be in financial hardship
due to the cost of rising health care, we have numerous medical expenses, along with a
reduction in hours worked makes it difficult for us to make ends meet.
In October of 2009, my husband and I entered into a contract with Freedom Fidelity
Management to settle our credit card accounts.
We feel strongly that this program will help us pay off our debtors quickly and are certain that
this type of debt will not happen again with us.
Freedom Fidelity Management tells me that they have been in contact with your office
concerning this matter, however, if you would like to contact our representative, her name is
is Anita Jones and she can be reached at 1-888-443-3648 ext 649.
We apologize for creating these additional expenses incurred by all and hope that
you will understand our situation.
Thanking you in advance for your consideration.
Sincerely,
.,
a
f ~;.
Barbara J. Minnick
1915 Spring Road
Carlisle, PA 17013
cc: Court of Common Pleas Cumberland County
Freedom Fidelity Management
Our File No.: 249752
APOTHAKER & ASSOCIATE , P.C.
By: Benjamin J. Cavallaro, Esgq re
Attorney I.D. #307949
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
2011 MAR 10 AM 10' 19
':I PENNSYLVAN A TY
COURT OF COMMON PLEAS OF
DISCOVER BANK ) CUMBERLAND COUNTY
Plaintiff )
vs. ) NO.: 10-2340 CIVIL TERM
BARBARA J MINNICK ) Civil Action
Defendant )
MOT> ON FOR SUMMARY JUDGMENT
Plaintiff, DISCOVER BANK, respectfully requests that the Court enter an Order granting
Summary Judgment in its favor fbr the following reasons:
1. There are no genu?ine issues of material fact to decide.
2. Plaintiff, DISCOVER BANK, filed a Complaint to recover a $12,282.25 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, BARBARA J MINNICK, filed an Answer to the Complaint in which
defendant admits owing the d?bt. A copy of Defendant's Answer is attached hereto as
Exhibit "B" and incorporated iby reference herein.
4. By letter dated June 23, 2010 Plaintiff served on defendant a request for
admissions, a request for production of documents and interrogatories.
5. By letter dated July 28, 2010 Plaintiff sent a follow-up letter to defendant advising
i
that responses to discovery lad not yet been received.
6. Defendant returngd the requests for admissions, admitting all requests.
7. Defendant has therefore admitted the following: (1) Defendant applied for, was
issued, received, accepted, and signed the credit card at issue herein; (2) Defendant used the
card to make purchases, obtain extensions of credit, and obtain cash advances; (3) Each time
defendant used the Account, defendant agreed to the terms of the Account; (4) Defendant
received. monthly credit card] statements and did not dispute any of the charges listed therein;
(5) Defendant has failed to fully repay the outstanding balance; (6) Plaintiff is the owner of
the Account; (7) Defendant owes Plaintiff the amount of money Plaintiff seeks herein.
8. In further support of its claim, Plaintiff attaches hereto the Cardmember
Agreement for defendant's a?count.
9. Plaintiff also attaches hereto a copy of the last credit card statement issued on
defendant's account evidenciOg the balance Plaintiff seeks in the within matter.
10. Defendant has failed to sustain the burden of presenting facts which contradict the
averments of Plaintiff's Complaint.
11. 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 $12,82.25 plus court costs of $125.40, totaling $12,407.65.
i
Ai#OTHAKER & ASSOCIATES, P.C.
Attorney for Plaintiff
A I aw Firm Engaged i4,0?bt Collection
BY:
Esquire
Dated: March 7, 2011
Our File No.: 249752
APOTHAKER & ASSOCIATE , P.C.
By: Benjamin J. Cavallaro, 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.: 10-2340 CIVIL TERM
BARBARA J MINNICK ) Civil Action
Defendant )
PL INTIFF'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 ?n 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 bala#ce due plus interest incurred. Defendant, BARBARA J
MINNICK, entered into a credit 4greement with the Plaintiff. Defendant purchased goods
pursuant to the credit agreement. BAs 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 Complain on or about March 25, 2010. Defendant filed an Answer, in
which defendant admits the exist nce of this debt, and claims to be liable on this account. By
letter dated June 23, 2010 Plaintiff served on defendant a request for admissions, a request for
production of documents and interrogatories. By letter dated July 28, 2010 Plaintiff sent a follow-
up letter to defendant advising that responses to discovery had not yet been received. Defendant
returned the requests for admissions, admitting all requests therein. Defendant has therefore
admitted the following: (1) Defe?dant applied for, was issued, received, accepted, and signed the
credit card at issue herein; (2) D?fendant used the card to make purchases, obtain extensions of
credit, and obtain cash advances (3) Each time defendant used the Account, defendant agreed to
the terms of the Account; (4) Defendant received monthly credit card statements and did not
dispute any of the charges listed herein; (5) Defendant has failed to fully repay the outstanding
balance; (6) Plaintiff is the owneI of the Account; (7) Defendant owes Plaintiff the amount of
money Plaintiff seeks herein.
In further support of its claim, Plaintiff attaches hereto the Cardmember Agreement for
defendant's account. Plaintiff als? attaches hereto a copy of the last credit card statement issued
on defendant's account evidencing the balance Plaintiff seeks in the within matter. Plaintiff has
successfully established the requi?site 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
Legal Argument
Pa.R.C.P. No. 1035.2 sta4s 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 establish 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. C?llenberger, 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 ? ee from doubt. Laich v. Bracey, 776 A. 2d 1022, (Pa.Cmwlth.
2001).
The purpose of the sumnr ary 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 movin$ 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, 591 (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 materi4l filed in support of and in opposition to the motion for
summary judgment, and to uncoritroverted allegations in the pleadings. Pa.R.C.P. §1035; Overly
v. Kass, 382 Pa. Super. 108 (1980.
The party requesting Sumjmary 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. 29? (1988); aff'd, 525 Pa. 205 (1991); Allen, 413 Pa. Super. at 411;
Beasel, 410 Pa. Super. at 594; Hewer 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. a.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
Plaintiff has demonstrated sufficient facts to warrant summary judgment in its favor.
Once Plaintiff satisfies its burd* Defendant must demonstrate facts which would create a
genuine issue for trial. Phaff, su?ra. Defendant has failed to sustain its burden of presenting
facts which would contradict th? elements of Plaintiff's claim.
WHEREFORE, Plaintio demands Judgment in favor of Plaintiff and against
Defendant(s) for the sum of $121282.25 plus court costs of $125.40, totaling $12,407.65.
MOTHAKER & ASSOCIATES, P.C.
Attorney for Plain
A Law Firm Engaged in t Collection
B
Be i . av aro, Esquire
Dated: March 7, 2011
Our File No.: 249752
APOTHAKER & ASSOCIATE , P.C.
By: Benjamin J. Cavallaro, Esq ire
Attorney I.D. #307949
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
DISCOVER BANK
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff
vs.
BARBARA J MINNICK
NO.: 10-2340 CIVIL TERM
Civil Action
Defendant
CERTIFICATION OF SERVICE
I, Benjamin J. Cavallaroj Esquire, attorney for Plaintiff, certify that on March 7, 2011, I
mailed a copy of Plaintiff's Order, Motion for Summary Judgment and Brief in support thereof
to:
BARBARA J MINNICK
1915 SPRING RD
CARLISLE, PA 17013-1170
APOTHAKER & ASSOCIATES, P.C.
Attorney for P tiff
A L#w Firm Engage ebt Collection
i
Esquire
Dated: March 7, 2011
Our File No.: 249752 - (
APOTH.AKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire
Attorney I.D. #38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
DISCOVER BANK.
6500 NEW ALBANY ROAD
NEW ALBANY, OH 43054
Plaintiff,
vs.
BARBARA J MINNICK
1915 SPRING RD
CARLISLE, PA 17013-1170
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 10 - A34o 0,tV i ?Tu'nf
NOTICE
i -?
X
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 d filing in writing with the court your defenses or objections to the
claims set forth against you. You are arned that if you fail to do so the case may proceed without you and a
judgment may be entered against youi by the court without further notice for any money claimed in the
complaint or for any other claim or religf 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 O GO TO OR "TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GE.f GAL HELP.
IF YOU CANNOT AFFORD T 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
Our File No.: 249752
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothak.er, Esquire
Attorney I.D. #38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
DISCOVER BANK.
6500 NEW ALBANY ROAD
NEW ALBANY, OH: 43054
Plaintiff,
VS.
BARBARA J MINNICK
1915 SPRING RD
CARLISLE, PA 17013-1170
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO..
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff is DISCOVER DANK, 6500 NEW ALBANY ROAD, NEW ALBANY, 011 43054.
2. Defendant(s) is/are BARBARA J MINNICK, an adult individual residing at 1915 SPRING RD
CARLISLE, PA 17013-1170.
3. At the special instance and request of Defendant, Plaintiff', DISCOVER BANK., issued to
Defendant(s), Account 46011002012729919.
4. Defendant received, acee?ted and used the account to its benefit.
5. This account is in default 4nd Defendant(s) has an unpaid balance of $12,282.25. A. true and correct
copy 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
included in Exhibit "A"
7. Although demand has ben made, Defendant(s) has failed to make payment of the amount due as
above.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$12.282.25 and requests this Court awardl costs to the extent permitted by applicable law.
APt THAKER & ASSOCIATES, P.C.
Attorney for r'D ff
A Low Firm Engaged tCollection
Dated: 3/25/2010
BY:
David J. A
Our File No.: 249752
VERIFICATION
David J. Apothaker, Esquire, Esp.. here y states that I am counsel for plaintiff in this action, and that I am
authorized to take this Verification, and t at the statements made in the foregoing Civil Action Complaint are true
and correct to the best of my knowledge, i ormation, and ief. The undersigned understands that the statements
therein are made subject to the penalties o f'18 Pa.C.S.A. 49 4 relating to unworn falsification to authorities.
I
I '
i
' David J. Apo°thaker, Esquire
Attorney for Plaintiff
DATE: :1/251241(}
DISCOVER BANK
BARBARA J MIN NICK
1915 SPRING RD
CARLISLE. PA 17013-1170
STATEMENT OF ACCOUNT
I
Debtor's Name- BARBARA J MINNICK.
Account Number: 60110020 2729919
Balance Due: $12,282.2
Our File No.: 249752
EXHIBIT "A"
Discover Bank )
6500 New Albany Road } Court of Common Pleas
New Albany, OH 43054 ) Cumberland County
Plaintiff }
N4: 10-2340 -Civil Term
vs. }
}
Barbara J. Minnick
1915 Spring Road
Carlisle, PA 17013-1170
)
Defendant )
Answer to Notice
1. Plaintiff is Discover Bank
2. Defendant is Barbara J. Minnick
3. Correct, Barbara J. Minnick was issu?nd credit card account # 6011002012729919.
4. Correct, Barbara J. Minnick accepted used the account.
5. Correct, the account is in default.
6. i enter my "Exhibit "A" which is copy o a letter sent certified mail to Apothaker & Associates, PC.
stating that my intention is to pay and at I have entered into an agreement with Freedom Fideliity
Management to settle this account as oon as possible.
C4
B
arbara J. Minnick
0412812010
M",
April 28. 2010
Apothaker & Associates PC
520 Fellowship Road C306
Mount Laurel; NJ 08054
REF: File # 249752
Barbara J. Minnick ! Discover Bank
To whom it may concern,
"All
??Y
It has always been my intention to ray off his debt that i have with Discover Card.
Unfortunately, my husband and I have bee and continue to be in financial hardship
due to the cost of rising health care, we havenumerous medical expenses, along with a
reduction in hours worked makes it difficult for s to make ends meet.
In October of 2009, my husband and I ent?
Management to settle our credit card accounts.
We feel strongly that this program will help
this type of debt will not happen again with us,
into a contract with Freedom Fidelity
,.__ `t
U
pay off our debtors quickly and are certain that
Freedom Fidelity Management tells me tha they have been in contact with your office
concerning this matter, however, if you would like to contact our representative, her name is
is Anita Jones and she can be reached at 1-880-443-3648 ext 649.
We apologize for creating these additional xpenses incurred by all and hope that
you will understand our situation.
Thanking you in advance for your consid
Sincerely,
Barbara J. Minnick
1915 Spring Road
Cariisfe, PA 17013
cc Court of Commor Pleas Cumberland Cou
Freedom ;`fidelity Management
* OF -/
tion,
Item 4 N Reetrkxed pWkwy le dookod.
¦ Pttrtt your Herne and addroes on the 'nww' -
so that we can mbum V* fwd to yc
¦ Attech this card t0 the back of the mallpkwe,
or on the front M space per flis. c Ova or oeh
1. Article Addressed to. 6. ie dory ad 1 dformst harri Wm 19 17 Yes
If YES, enter cWlvwjsd*%w bebv.- ? No
Apothaker & Assoc
520 Fellowship Road C306
Mo
unt Laurel, NJ
08054
t s sprc.„
Owthw Mall ? .. Mid
? Ra *amd WRetwn 80000 f« "wdW
? hMXW Kell ? C.O.D.
5 I 4. Restricted pe?very? (Extra Fee)
2. AraasNumber
7010 0290
try fromserwoe
00301 7801 3458
PS Form 3811. Februarv 2004 Domestk Retum Receipt 162585-p 41,
Discover Bank )
6500 New Albany Road )
Court of Common Pleas
New Albany, OH 43054 ) Cumberland County
Plaintiff
}
} NO: 10-2340 -Civil Term
vs. }
Barbara J. Minnick )
1915 Spring Road )
Carlisle, PA 17013-1170 )
Defendant )
Answer to Notice
1. Plaintiff is Discover Bank
2. Defendant is Barbara J. Minnick
3. Correct, Barbara J. Minnick was i sued credit card account # 6011002012729919.
4. Correct, Barbara J. Minnick accepted and used the account.
5. Correct, the account is in default;
6. 1 enter my "Exhibit "A" which is copy of a letter sent certified mail to Apothaker & Associates, PC.
stating that my intention is to pay and that I have entered into an agreement with Freedom Fideliity
Management to settle this account as soon as possible.
?Lvii`QiC(? A
r!?
Barbara J. Minnick
04/28/2010
c-n a
C- TI
O
72 ?-1
April 28, 2010
Apothaker & Associates, PC
520 Fellowship Road C306
Mount Laurel, NJ 08054
REF: File # 249752
Barbara J. Minnick / Discover Bank
To whom it may concern,
COPY
It has always been my intention to pay off this debt that I have with Discover Card.
Unfortunately, my husband and I have been and continue to be in financial hardship
due to the cost of rising health care, Wve have numerous medical expenses, along with a
reduction in hours worked makes it di6icult for us to make ends meet.
In October of 2009, my husband band I entered into a contract with Freedom Fidelity
Management to settle our credit card laccounts.
We feel strongly that this program will help us pay off our debtors quickly and are certain that
this type of debt will not happen again with us.
Freedom Fidelity Management tells me that they have been in contact with your office
concerning this matter, however, if you would like to contact our representative, her name is
is Anita Jones and she can be reached at 1-888-443-3648 ext 649.
We apologize for creating these Odditional expenses incUrred by all and hope that
you will understand our situation.
Thanking you in advance for your! consideration.
Sincerely,
Barbara J. Minnick
1915 Spring Road
Carlisle, PA 17013
cc: Court of Common Pleas Cumberland County
Freedom Fidelity Management
I
EXHIBIT "A"
APOTHA
I
I
BARBARA J MINNICK
1915 SPRING RD
CARLISLE, PA 17013-1170
KER & SSOCIATES, P.C.
ATTORNEYS AT LAW
July 28, 2010
RE: CURRENT CREDITOR: DISCOVER BANK
YOUR CLIENT: BARA J MINNICK
DOCKET NO.: 10-2040 CIVIL TERM.
OUR FILE NO.: 2491752 _ lDEAR MS. MR-NICK: ? J S c
Please be advised that your answers to Discovery are now overdue. Please forward said answers to
our office within ten (10) days of the date of this correspondence. If we do not receive same within that
time we will proceed accordingly.
Very truly yours
ITF
APOTHAKER :.ASSOCIATES, P.C.
,
4
r
Ki?be/F. Scian, Esquire
f v' ? 1
520 Fello 'ship Road, 0306, Mount Laurel, NJ 08054
856 780.1000 856 780.1020f
215 634.8920 215 634,8421 f
800 672.0215 800 757.4928f
FOR ADMISSIONS
1. Defendant applied to Issu er for issuance of the Card.
1--
2. The Card was issued to D fendant.
3. Defendant received the c d.
4. Defendant accepted the ca rd.
5. Defendant signed the bac of the Card.
6. Defendant used the Card t
f make purchases.
7. Defendant used the Card t obtain extensions of credit.
8. Issuer made cash advance to Defendant, either as actual cash or in payment for purchases
Defendant made from thir parties by using the Card.
r-
9. Defendant accepted each s ch advance on the Account.
1.0. By accepting each such adv ance under the terms of the agreement applicable to the
Account, Defendant becam e bound to pay the amounts of such advances
plus an
additional charges provide ,
y
for in such agreement.
11. Until at least the Charge-O ff date, Issuer sent to Defendant, on a monthly basis
a
statement of charges and b ,
lance due on the Account.
12. Defendant did not, within s
send to Issuer a written disp xty days of the date of any billing statement on the Account,
ute of the billing statement.
S i
i
i
13. Defendant has failed to r?pay all of the advances made by Issuer on the Account.
14. The above listed Charge-Off Amount is the correct balance due, owing, and unpaid on the
Account, after allowing aJ, l just and lawful payments, credits and offsets, as of the
Charge-Off Date.
15. Defendant has made no p*yments on the Account since the Charge-Off flDate.
16. At least forty-five days before you were served with the Original Complaint in this case '
you received a letter from Plaintiff's attorneys requesting payment of the Account.
17. Plaintiff is presently the of vner of the Account.
18. Defendant is indebted to Plaintiff for the amounts asserted in Plaintiff's Original
Complaint in this case.
INTERROGATORIES
1. Identify all persons who participated in the preparation of the answers to these
interrogatories.
2. If Defendant denies having received the Card, identify any persons whom Defendant
believes may have received or applied for the Card.
3. If Defendant denies havi4 used the Card, identify any persons whom Defendant believes
may have used the Card and state whether each such person was authorized by Defendant to use
the Card.
4. If Defendant denies having received monthly statements of charges and the balance due
on the account from Issuer until a , least the Charge-Off date, state the factual basis of any such
denial.
?f
5. If Defendant denies having accepted each advance on the Card, whether as cash or as
payment for purchases, identify e 4h advance or charge on the Card that Defendant disputes.
6. If Defendant disputes the b anee being sought in this matter, state the balance that
Defendant believes to have been d e on the Account as of the Charge-Off date and explain how
such balance was calculated.
,, ,7
7. If Defendant contends or ?elieves payments were made towards this account subsequent
to the Charge-Off date that are nd.t reflected in the suit balance, state the date and amount of each
such payment.
8. If Defendant contends or believes the charges comprising the Account are unreasonable
then, with regard to each charge comprising the Account which Defendant contends or believes
to be unreasonable, state the factuktl basis for this opinion.
L ? 4 f
9. If Defendant contends or lieves that the debt that is the subject of this suit is the
obligation of any person or entityA ther than Defendant, identify such other
fy persons or entities
and state the factual basis for this contention or belief.
10. If Defendant contends or lieves Plaintiff is not the current owner of this account, state
the factual basis for this contentio or belief.
11. Identify all persons whom you intend to call as witnesses at trial, expert or otherwise,
other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably
be anticipated before trial, and, ere applicable, state each such person's anticipated testimony
and the opinions of each such pens n concerning the subject matter of this litigation.
12. Identify all persons whose mental impressions or opinions have been reviewed by any
person whom you may call as an expert witness at trial.
f /- 7
N°?' Balance
DISCOVER Min'unum Payment Due Account Number ending in 9919
$17!,282.25 $846.00 Enter Amount Enclosed Below
CARD
Payment Due Date $
Nevarnber 15, 2009 Please make check amble to Discover Card.
P
You areoverlimit.
ay the sum of the morthly
minimum payment plus the oveiimit amount of
$382.25.
16 SDSN6A010000466
BARBARA MINNICK Wig ywrr payment get to us an time4 Pay
EDWARD NINNICK JR Your bill ordure and your paymert can be
made to your account on the some day. Visit
1915 SPRING RD Discaver corn/payments today.
CARLISLE PA 17013-070
i
PO Box 71084
CHARLOTTE NC 28272-1084
Address, e-mad or Wephone change? Print change in space lul,Il .IntlIIIIIII III II11111111rrr11llU1rr11rr 11 rI11111P11
above, or go to Drseover.com. Pnm e-mal address to
receive Important Account informalioe and special offers.
000001986458157411924122822500000000084400
Discover More Card ?,ocount Summary
t Closing Date: October 16, 2009 page 1 of 1
Account number ending in 9919 Previous Balance $12,182.75
Payment Due Dab Novem 15, 2009 Payments And Credits 0.00
Minimum Payment Due 5844.00 Purchases + 0.00
Credit Limit $11,900. Cash Advances + 0.00
Credit Available $0.00 Balance Transfers + 0.00
Cash Credit limit $6,100.0b Finance Charges + 99.50
Cash Credit Available $0.00 New Balance 12,282.25
You nay be able to avoid Periodic Finance Charges, we the
reverse side for details.
i
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Cashback Bonus* ?^ ng Cashimck Bonus PBaerlae
Cashbadc Bonus Balance
+ M
$ 0.00
Z;a3nvockilonusu-Anniversa ----------- ...-_....------------------------ ---- ------------------ ------
Dole: March 16
; Flow Can We Flel You? 1. Visit D600Y r.COrrr to pay yeur bill for no Wit, view your
{? latest Account in6 rm6fion, cam and redeem rewards and mom
It's your choice - 3 ways help 2. Call 1-8004)ISCOVER (30-2683) for fast, easy selLwrvice
options or to speak with a Customer Service Account Manager
Please have your Discover Card avail 3. Write us of Discover Card, PO Box 30943,
For TDD (assistance for hearing impaired) we reverse side Sak Lake Ciy, UT 84130
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Transactions $0 FrG? tiabMY Guarantee Use your Discover Card with conRderrce.
Information For You
ATTENTION "•• Weprevi-0
payment. The amount due should be
i
i
Finance Charge
rested the past due amount on your account. We have no record of receiving
at once.
Nominal Transaction
Daily AW*AAL ANNUA! Periodic Fee
Bad ie RA AGE Rf AGE FWANa F
i QIAM CHARGES
current billing period: 30 days
Purchases $9255
i Past Purchases $2971
Cash Advances $0
The rotes Ihat apply to your Account ail
0.02712% 9.90% F 9.90% $75.33 $0
0.02712% 9.90% F 9.90% $24-17 $0
0.02712% 9.90% F 9.90% $0 $0
either fixed IFI or they may vary M as noted above.
kVwtapt Ia/N•saNlar If them Is more titatl paps to this bllilhg statement, see the back of each page for additional Important Infomngon.
S• 11? CW*AUO •r Agmenleet Your Ca bcr Aproaraa?t contains all the terms of your Account m
Lest or Most eaAnls. Rj*WT ep?oartGlsmemedlatdyi qN 1 .?47 M g Yrr9? wed
an you?irarm to uitm s or s K thi r b1042t sMCli of UT e m n about a
so not rIO laltr. - a}or 0 ? u= ? s l on {he error or p 61em ? ou can°01e phpk Q
Cdh
• ?? S
• amount
R
• ennr W f. youertor can, whY you believe there is an xror. If you need mom infamaslon, describe the Item you am unsure
m
ne i ue in In puestlon ire we • e I but ?ro sNN ohi to oav y? of 61N am not in + x
o n ffllnrlo 4u we CKd%Ot
ymaynpplop•yt?m•?N50 an0 tt1e pui•selMismafM 9?r?wla[ a rxedlt urcrdm
n rnopetatspe or If we maNed you the 8duertlsement iw the or services all p? an,
covugd
Send r and on or this ertt the send cash. r as
w??tfieu? ?r mcrc? yyaoon el?a?cB your Mme" mUaavn the
Your alxo as soon as day we rece Your payment you?itot me your ???fimm your
10
nnandal Mft r be t[ send cas nor N allot d1 av at Ours g e to
f 1latse f6r?y Your m `
to msu as an
You r 1x7 cYlra m yqa the a Sum ? ? , at t.9oo and all
umbers en
sudi a
?m?t ua rrt or cr ybou10 YOM an m ss an mto an am or an
us t a 3 or at tla?ti dm?oe6tvas r k? of twh•rvY0
wJll be Itaef and C m be
en • y or payments applied ?1ha ? ?Pa?am•ulftk' ?va+nNl Celli
,nCrMaea?a,lkB,,., Mmildlon or t ?•r name; hoeu a num Ed M 'r%
p0m raw P,
for tit
!_n c" 11lUaaY11b (moose to?er?e5c Tl,a?ire?.?.b wit.
d?VinCeS. F••ia-a•.••o?•sM•,?•••?y •°W.?s° Nw.tlea.. ..... a cnk. >? w1 um IDC VaCe POWM- TIMAD Is ne grace pCrle an BaiallCe'ila[t 7r4 01' Cal?1iAra?1 S 50 vroul?ae 6e kn ? minim urn FINANCE 6CsHAR?GE of SeS•0 for any bMIMI; period in whk h paWc Finance Merges Of Tle amount of
chh
wNhin 3 Hoi ttts ors a
'be statement oa 1he''sa. Ysu tes?u'syen ynt
during Mat od nM?Y bpied .
ur ktbo raud m?m snd tilOtt turNier
mfr WW 8
!Ian he ling ach tm ay. We use the Wang to
(Avarage D•Ny Uwe) times (days In?billiingY 3 tines (DeMy Periodic Race}
•u to the cp toff sum an blNl for tt?se •ntna? Then ?e add I Finance
10 ad I toff
no?«
Mhe t names The Ave Daily glance fssho+m fl 0ecause the gmoBe
your ry
i oIS or - - f -- ?djr. In e?CU "a Y w ? n ?cOhslder the
for ndase "•??? of
Fee
?°, s • , ran as wwWh
rx mrtster rx
Yn?ied'0 Dal a t? the and the own Fe
n rye tiKplp
for TDD R•Isgyorle Devlee 1•r the assistaaee, please e•N 1-19Da47-744f.
The Discovet® Card Is Issued by Dfscover Dank M FDIC
YOUR DISCOVER CARD ACCOUNT
CARDMEMBER AGREEMENT ............................ Pages 1-13
The terms and conditions of your Account, includi g how we calculate finance charges, our fees and an Arbitration of Disputes section. You have the
right to reject the arbitration provision with respect your new Account within 30 days after receiving your Card, as explained in the Right to Reject
Arbitration" section at page 12.
PRIVACY POLICY ............................................... Pages 13-16
A summary of the personal information we collect, when it may be shared with others and how we safeguard the confidentiality and security of
information. You may limit our sharing of such info ation with others as explained in section 4 of the Privacy Policy at page 15.
BILLING RIGHTS Pages 16-17
Important information about your rights and our re ponsibilities under the Fair Credit Billing Act.
DESCRIPTION OF COVERAGE Pages 18-25
The terms and conditions of the Scheduled Air Travel Accident Insurance and the Secondary Rental Car Collision Coverage that is provided at no
charge to you when you use your Card to purchase airline tickets or rent an automobile.
GLOBAL TRAVELER'S HOTLINE ............................. P a 25
The terms and conditions of this free travel assista ce benefit.
02009 Discover Bank, Member FDIC TL21
CARDMEMBER AGREEMENT
Please read this Agreement carefully before using your Discover and Account It contains the terms and conditions of your Account, some of which may have changed from earlier
materials provided to you. In the event of any differences, this Agre ement shall control. We respect your privacy. See the Privacy section on page 9 and our Privacy Policy for additional
information. The Arbitration of Disputes section on page 1 f include a waiver of a number of rights, including the right to a jury trial. The Right to Reject Arbitration section on page 12
describes the procedure you must follow if you desire to reject the kirbilration of Disputes section.
DEFINITIONS 2
USING YOUR ACCOUNT 2
YourAcceptance of this Agreement .................................................. ....... 2
Permitted Uses of Your Account ......................................................... ....... 2
Prohibited Uses of Your Account ........................................................j ....... 3
Purchases and Cash Advances in Foreign Currencies ...................... ....... 3
Cash Advances ................................................................................... ......... 3
Balance Transfers ............................................................................... ....... 3
Credit Autlwrkations ........................................................................... ....... 3
Authorized Users ................................................................................ ...... 3
Unaulhor¢ed Use ............................................................................... ...... 3
Your Credit Lines ................................................................................ ...... 4
MAKING PAYMENTS .................................................................................I ...... 4
Promise to Pay .....................................................................................' ...... 4
Monthly Billing Staterrnent .................................................................... ...... 4
Monthly Payment options .................................................................... ...... 4
Automatic Billing Artw9errients ........................................................... ...... 5
Haw VVe Apply Payments .................................................................... ........ 5
Minimum Monthly Payment ................................................................. ...... 5
Skip-A-Payment Offers ........................................................................ ...... 5
Credit Balances ................................................................................... ..... 5
FINANCE CHARGES .................................................................................. ....... 5
How We Calculate Periodic Finance Charges ...................................... ....... 5
How Vlk Calculate Your Balances ........................................................ ..... 6
Variable or Fixed Interest Rates ........................................................... ..... 7
Default Rate .......................................................................................... ..... 7
Cash Advance Transaction Fee Finance Charges ............................... ..... 7
Balance Transfer Transaction Fee Finance Charges ........................... ..... 8
Foreign Curency Transaction Fee Finance Charges .......................... ....... 8
Minimum Finance Charge .................................................................... ..... 8
FEES ............................................................................................................ .... 8
Annual Fee ............................................................................................. ...... 8
Late Fee ................................................................................................. .... 8
Overlinit Fee ........................................................................................... ...... 8
Returned Payment Fee ......................................................................... ...... 8
Retuned Discover Cad Check Fee ..................................................... ...... 9
Pay-By-Phone Fee ............................................................................... ........ 9
Research Fee ........................................................................................ ..... 9
DEFAULT AND CANCELLATION .......................................................... j..... ..... 9
Types of Default .................................................................................... ....... 9
Consequences of Default ..................................................................... ..... 9
Cancellation .......................................................................................... ....... 9
PRIVACY AND OUR COMMUNICATIONS IMTH YOU ........................a..... ....... 9
Our Privacy Poky ............................................................................j..... ....... 9
Reporting to Credit Reporting Agencies .......................................... ?..... ..... 9
Our Communications with You ........................................................m.... ... 10
Releasing Information About Your Account ......................................f.... ... 10
Electronic Notices to You ...................................................................... ... 10
Notices - Changes to Your Information ............................................L... ... 10
CLAIMS AND DISPUTES .......................................................................;.... .....10
Merchant Disputes ................................................................................. .....10
Claim Notices ....................................................................................i.... .....10
Arbitration of Disputes .......................................................................:.... .....11
Right to Reject Arbitration ................................................................... 12
LEGAL INTERPRETATION OF THIS AGREEMENT ............................. 13
Severability .......................................................................................:..... ....13
Compliance with Interest Rate Limitations ........................................ 13
Governing Law ....................................................................................... ....13
ASSIGNMENT OF ACCOUNT ................................................................:..... ....13
CHANGES TO THIS AGREEMENT ............................................ 13
..
DEFINITIONS
"Account" means your Discover Card Account.
"Authorized User" means any person whom you autha¢e to use you Account or a Card, whether you notify us or riot.
"Card" means any one or more Discover Cards issued to you or else with your authorization.
"Pricing Schedule" means the documerrt accompanying your Card an J fisting the Finance Charge rates that apply to your Account. The Pricing Schedule is part of this Agreerent.
"Nile," "us" and "our" refer to Discover Bank, the issuer of your Discar Card.
"You," "your" or "yours" refer to, in addition to you, the Cardrrrember, any other person or persons who are also contractually liable under this Agreement.
USING YOUR ACCOUNT
Your Acceptance of this Agreement The use of your Account or a Card by you or an Authorized User, or your failure to cancel your Account within 30 days after receiving a Card, means you accept
this Agreement, including the Arbitration of Disputes section an page 11. You may, however, reject the Arbitration of Disputes section as explained on page 12.
Permitted Uses of Your Account Your Account may be used for.
Purchases - to purchase or lease or services from
9? Pa-in9 qwchants by Prese1rtin9 your Card or Aoxxuct number or by using promotional othedcs, which we may frnnish to you, in
accordance with such additional terms and conditions as we may offer flim time to time.
Cash Advances - to obtain cash advances from participating autorrater' ler machines, financial institutions or other locations, the purchase of lottery tickets, racetrack wagers, vouchers redeemable
for cash or for casino chips, money orders, traveler's checks, savings loo lds, foreign currency and wire transfers, or by means of checks which we may furnish to you, all in accordance with such
additional terms and conditions as we may offer from time to time.
Balance Transfers - to transfer balances from other creditors or to make other transactions by means of balance transfer coupons or checks, in accordance with such additional terms and conditions as
we may offer from time to time.
In addition, your Account may be used to
guarantee reservations at
partic4-pating establishments. You will be liable fo guaranteed reservat is that are not cancelled prior to the time specified by the establishment. Your Account may be used for personal, family,
household and charWile purposes.
Prohibited Uses of Your Account Your Account may not be used too in bans to purchase, carry or trade in securities, to pay any amount you owe under this Agree-ment or for any transactions
that are unlawful where you reside or where you are physically located YA en you use the Account to initiate the transaction ("Prohibited Transactions").
Purchases and Cash Advances in Foreign Currencies. If you make a wrchase or cash advance in a foreign currency, it will be ccnnveded to U.S. dollars using either a govemment-mandated rate, a
government-published rate or the interbank exchange rate, depending on the country and currency in which the transaction is made. The rate used will be the rate in effect on the conversion date for the
transaction, which may be different than the Transaction Date as shown your statement. We charge a Foreign Currency Transaction Fee Finance Charge for each purchase made in a foreign
currency as described in the Foreign Currency Transaction Fee Finance hages section on page 8.
Cash Advances. We may periodically offer you special rates on cash ach noes for the time period specified in the offer, subject to the Default Rate section. The offer may contain a Cash Advance
Transaction Fee Finance Charge for each cash advance. After the expirat on of the special rate, the standard Annual Percentage Rate for cash advances will apply.
Balance Transfers. We may periodically offer you the oppor-tunity to male balance transfers from other creditors or to make other transactions to your Account by means of balance transfer coupons
or checks. Each offer will contain an initial special rate, which will be the nual Percentage Rate that will apply to transferred balances for the time period specified in the offer, subject to the Default
Rate section and may contain a Balance Transfer Transaction Fee Fnan Charge for each balance transfer made during the term of the offer, as disclosed in the fifer and as set forth in the Pricing
Schedule, if applicable. After the expiration of this time period, the Annual ereentage Rate that applies for purchases will apply to tray-ferred balances. Balance transfers subjed to the initial special
rate are referred to as special rate balance transfers; balance transfers for which the initial special rate has expired are referred to as purchase rate balance transfers.
Each offer will contain an expiation date. If you attempt to transfer balajnces by means of a check after the expiration date, we will treat the transaction as a cash advance. We will not make balance
transfers attempted by means of a coupon after the expiration date.
Credit Authorizations. Certain transactions will require our aulhorizati
for security or other reasons. Also, if our authonzation system is rat wo
Authorized Users. If you want to cancel the authority of a current A i#
us by telephoning 1-800-DISCOVER (1-804347-2683), or by writing D
amounts owed) may be exercised by any persm not a party to this Agr
Unauthorized Use. Prior to its use, each Card must be signed by thyour permission, notify us immediately. You can notify us by telephon
(1-804347-2683), or by writing Discover" Card, PO Box 30943, Saft I
your Account or a Card and to comply with such procedures as we n
Your Credit Lines. We will advise you of your Account credit line. We u
line that will apply to balance transfers, referred to as the balance transl
If you exceed yourAccournt credit line, we may request immediate payr
We may increase or decrease your Account credit line, your cash advai
than your Account credit line. For purposes of determining your availabi
payment that we receive. Your avail-able credit will not be increased by
MAKING PAYMENTS
Promise to Pay. You agree to pay us in U.S. dollars for all purchases,
you authorize or permit to use your Account or a Card, even tt you do n
payment or charge your Account our cost to convert your payment to U
check or coupon, or any other promotional check drawn on any Discow
individually and jointly for the entire amount owed on your Account. We
restrictive endorsement without losing any of our rights under thi;
Monthly Billing Statement. We will send you a billing statement after e
billing statement will show all purchases, cash advances, balance transl
period. it will show your New Balance, Payment Due Date and Minimun
Payment Due may be higher than shown on your billing statement. See
i prior to completion. In some cases, you may be asked to provide identification. We have the right not to authorize a transaction
ing, we may not be able to authorize a transaction. We will not be liable to you I any of these events happen.
rized User to use your Account or a Card, you must notiy us and destroy any Card in that person's possession. You can notify
cover Card, PO Box 30943, Sall Lake City, UT 841300943. None of your rights under this Agreement (other than to pay
a rient acting pursuant to a power of attorney, without our separate written agreement (which we are rat obligated to give).
person to whom it is issued. If a Card is lost or stolen, or if you think that someone is using your Account or a Card without
hg 1.800-DISCOVER
ake City, UT 841340943. You agree to assist us in determining the facts relating to any theft or possible unauthorized use of
y require in connection with our invest-igation.
ay impose a louver line that will apply to cash advances, referred to as the cash advance credit line. We may also impose a lower
credit line. You agree not to allow your unpaid balance, including Finance Charges and fees, to exceed your Account credit line.
nt of the amount by which you exceed your Account credit line.
e credit the or your balance transfer credit line without notice. The credit available for your use may, from time to time, be less
credit, we reserve the right to postpone for up to 15 business days reducing your unpaid balances by the amount of any
ne amount of any credit balance.
ish advances and balance transfers including applicable Finance Charges and fitter charges or fees, incurred by you or anyone
notify us that others are using your Account or a Card. If you pay us in other than U.S. dolars, we may refuse to accept the
. dollars. All checks must be drawn on funds on deposit in the U.S. You may not use a cash advance check, balance transfer
Bank credit card account to make payments on your Account. If your Account is a joint Account, each of you agrees to be liable
an accept late payments or partial payments or checks and money orders marked "payment in full" or with any other
uch monthly billing period in which you have a debit or credit balance, unless we waive our right to do so as permitted by law. The
!rs, Finance Charges and other charges or fees and all payments or other credits posted to your Account during the billing
Payment Due as of the end of the billing period. If your prior month's payment is returned unpaid, your required Minimum
he Minimum Monthly Payment section on page 5.
Monthly Payment Options. You may at any tine pay the entire New B lance shown on your baling statement, but each month you mist pay at least the Minimum Payment Due as desrn'bed in the
Minimum Monthly Payment section. All payments must be made in aoco?dance with the tenets, including the payment cutoff time, stated on your monthly billing statement, and we will credit your
Account in accord-arm with those terns. In addition, we reserve the ' t to change those terns without prior notice as permitted by lava.
Automatic Billing Arrangements. If your Account number andlor Card
Provide Your new Account nfomation to that merchant. To ensure uninti
directly if you do not wish to continue the automatic billing arrangement.
How We Apply Payments. We will apply payments and credits to the N
transaction category (as referenced in the Finance Charges section), ger
payments and credits to any new transactions using the same method. 1
with lower Annual Percentage Rates, such as when there are two initial
Rate.
n date changes and our records indicate you have automatic billing established with a merchant, we will attempt to
billing, we recommend that you verify the merchant has your new Account information. You must contact the merchant
Balance shown on your current billing statement in order of the Annual Percentage Rate appkable to the balance of each
ally from lowest to highest beg"ng with the balance subject to the lowest Annual Percentage Rate. We then apply
ever, we have the right to apply payments and credits to balances with higher Annual Percentage Rates prior to balances
dal rates applicable to your Account and the low Annual Percentage Rate will expire before the higher Annual Percentage
Minimum Monthly Payment The Minimum Payment Due each month hill be the greater of:
• the New Balance if it is less than $15;
• $15 if the New Balance is $15 or more; or
• any past due amount plus the greater of
2% of the New Balance (excluding current Periodic Finance Charges, L. J and Ovedinit Fees) rounded up to the nearest dollar or
current Periodic Finance Charges plus Late and Overlimit Fees plus $15 not to exceed 3% of the New Balance) rounded up to the nearest dollar.
We may also include some or all the amount by which you exceed your credit tine. ff more than 901% of your New Balance consists of specakate balance transfers, we may, at our discretion
increase your Minimum Payment Due to a maximum of 4% of the New ,
lance if it would otherwise be less than that. We may subtract certain fees to calculate the Minimum Payment Due. The
Minimum Payment Due will never exceed the New Balance. Paying the nimum Payment Due may be insufficient to
may bring year Account balance below your Accourrt aectit the and, consequently
may
not avoid the imposition of an additional OverGmit Fee described in the 01, ,
init Fee section.
Skip-A-Payment Offers. We may from time to time allow you to not mac a minimum monthly payment and will notify you when this option is available. 9 you take advantage of this offer and do not
make a minimum monthly payment, finance Charges and any applicable f will accrue on your Account in accordance with this Agreement and you must pay the Minimum Payment Due for the
following bitting periods.
Credit Balances. We will refund any credit balance within seven busin days from receipt of your written request. If you do not request a refund, we will automatically refund credit balances greater
than $1 that remain in your Account after 6 months.
FINANCE CHARGES
How We Calculate Periodic Finance Charges. We begin to impose Finance Charges on all transactions from the Transaction Date for the transaction as shown on your billing statement
unless a transaction is posted to your Account after the dose of the billing ,
' in which it occurs, in which case eve begin to impose Periodic Finance Charges on that transaction from the fist day of
the billing period in which 9 is posted to your Account. We continue to im Periodic Finance Charges until the date you
? Pall your entire New Balance, by making payments or receiving credits
However, if you paid the New Balance on
your previous biting statement .
the Payment Due Date shown on that bung statement and you pay the New Balance by the Payment Due Date on your
current billing statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases first appearing on the current billing statement. We call this the "grace period." There is no
grace period on balance transfers or cash advances.
We sat your transactions into groups of purchases, cash advances, anb balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. For example,
purdwses subject to a promotional rate and purchases subject to a staildard rate would be separate groups. M refer to these groups as transaction categories. At the end of each billing period, we
compute balances and Periodic Finance Charges for each day of the b ng period fa each transaction category. We use the following equation to compute Periodic Finance Charges fa each
transaction category:
(Average Daily Balance) times (days in billing period) times
(Daily Periodic Rate).
(You may refer to the finance charge summary on your billing statemerr
Finance Charges for your Account. The Average Daily Balance is show
How We Calculate Your Balances. We use the Average Daily Balan
the Average Daily Balance for each transaction category by adding uP
We compute the daily balance for each transaction category on each CL,
your billing statement, unless the transaction is posted to your Account
day of the bung period in which lt is posted to your Account, fees ilia
payments that are applied against the balance of the transaction cat
to have been your balance fa each transaction category on the last day
All fees charged to your Account are added to the standard purchase
trans-action category with the exception of Cash Advance Transaction
trans-action category and Balance Transfer Transaction Fee Finance (
unpaid balance of the balance transfer and the Balance Transfer Trans
under the Default Rate section, we leave the unpaid balance of the bak
until the special rate would have expired.
for these amounts.) Then we add up the Periodic Finance Charges for each transaction category to get the total Periodic
as zero if, because of the grace period, no Periodic Finance Charges apply to the balance in a transaction category.
(including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. We compute
the daily balances in a billing period for a transaction category and dividing the total by the number of days in the billing period.
by first adding the following to the preens days daily balance: transactions with a Transaction Date of that day as shown on
ter the dose of the billing period in which lt occurs, in which case the transaction will be added to the daily balance as of the first
d that day and Periodic Finance Charges accrued on the previous days daily balance; and by then subtracting any credits and
r on that day. In calculating the daily balance for the fast day of the billing period, we consider the "previous days daily balance"
I your previous billing period.
I
Finance Charges which are added to the applicable cash advance
arges which are added to the applicable balance transfer transaction category. When the special rate expires, we move the
a;tw Fee Finance Charges to the standard purchase transaction category. Homer, if the special rate has been terminated
transfer and the Balance Transfer Transaction Fee Finance Charges in the applicable balance transfer transaction category
Variable or Fixed Interest Rates. The Daily Periodic Rate and conespr
Pricing Schedule or in any special offers you receive from us. The Daily
adding a specified number of percentage poets to the Prime Rate. This
highest rate of interest fisted as the "prime rate" in the Maley Rates sect
represent the lowest or best interest rate available to a borrower at any
changes. This charge will be effective beginning with the first day of the
may increase your Minimum Payment Due.
Default Rate. Each time you do not make a required payment on time
the standard Annual Percentage Rates fox purchases, balance transfers
"Default Rate"). At the same time, any special rates on purchases,
is set forth in your Pricing Schedule. We will base your Default Rate on f
• your current APRs
• your payment history with us
• your general credit history
Any increased rate will apply beginning with the first day of the billing per
Account credit line for the second time in a twelve month period. If your
and, for any nine consecutive billing periods thereafter another Default which may be higher than your previous standard Annual Percentage
which may be higher than your previous standard Annual Percentage
beginning with the first day of your tenth biting period. However, if a Def,
Cash Advance Transaction Fee Finance Charges. Unless otherwise
amount of each new cash advance with a minimum Cash Advance Tram
may result in an Annual Percentage Rate fox cash advances that is highe
of the purpose fa which used, are subject to Cash Advance Transaction
Transaction Fee Finance Charges for the bung period charged under thi
transaction category and add up these amounts.
Balance Transfer Transaction Fee Finance Charges. If the balance tra
Trans action Fee Finance Charge for the mad of each balance transfe
received when you applied for an Account, it will be in the amount set ford
Percentage Rate fin balance transfers that is higher than the nominal Ann Transfer Trans-action Fee Finance Charges calculated under the Period'
Foreign Currency Transaction Fee Finance Charges. We will charge
foreign currency. The imposition of Foreign Currency Transaction Fee F'
To obtain the total Finance Charge on purchases for each biting period,
Finance Charges calculated under the Periodic Finance Charges section
Minimum Finance Charge. We will charge you a minimum FINANCE C
FEES
ding Annual Percentage Rate that apply to each transaction category are either foxed rates or variable rates as set forth in your
xiodic Rate is 156% of the corresponding Annual Percentage Rate. Variable Annual Percentage Rates are deter-mined by
shown on the Pricing Schedule as "Prone + (per-ventage ponds)." For purposes of this
Agreement, the Prime Rate is the
n of The Wall Street Journal on the last business day of the month. The Prime Rate is merely a pricing index and does not
nk at any given time. If you have a variable rate, your Annual Percentage Rate will increase or decrease when the Prime Rate
ling period that begins during the same month as the change in the Prime Rate. An increase in the Annual Percentage Rate
each time you exceed your Account credit line twice in a twelve month period (each, a "Default Rate Event"), we may increase
rind cash advances to a variable rate equal to the Prime Rate + up to 27.991/o, but such rate will never exceed 29.991/o (the
e transfers or cash advances will end and the Default Rate may apply. The maximum Default Rate which would cunentty apply
otors such as:
d in which (i) we did not receive at least the Minimum Payment Due by the Payment Due Date or (ii) you exceeded your
mdard Annual Percentage Rate for purchases was increased under this or any previous version of the Default Rate sedan
:e Event does rot oars, then your Annual Percentage Rate fox your new purchases will be redued to a lesser variable rate
for purchases and yourAnnual Percentage Rate fox your existing purchase b>alahce may be reduced to a lesser variable rate
for pufdmases. Any reduced Annual Percentage Rates on new and existing purchases may be different and will apply
A Rate Event occurs in the tenth billing period, a Default Rate will apply.
ecified in a cash advance offer, we will charge you a Cash Advance Transaction Fee FINANCE CHARGE of 39/o of the
xtlon Fee FINANCE CHARGE of $5 and no m wit-num. The imposition of Cash Advance Transaction Fee Finance Charges
than the nominal Annual Percentage Rate. All fours of cash advances, including the use of Discover Card checks, regardless
ee Finance Charges. To obtain the total Finance Charge on cash advances for each billing period, we add any Cash Advance
sedan to any Periodic Finance Charges calculated under the Periodic Finance Charges section for each cash advance
hsfer offer you receive contains a Balance Transfer Trans-action Fee Finance Charge, we will charge you a Balance Transfer
made under that offer. If there is a Balance Transfer Transaction Fee Finance Charge in conjunction with the offer you
in the Pricing Schedule. The imposition of Balance Transfer Transaction Fee Finance Charges may result in an Annual
sal Percentage Rate. To obtain the total Finance Charge on balance transfers for each biting period, we add any Balance
Finance Charges section for each balance transfer transaction category and add up these amounts,
ou a Foreign Currency Transaction Fee FINANCE CHARGE of 2% of the U.S. dollar amount of each purchase made in a
ince Charges may result in an Annual Percentage Rate for purchases that is higher than the nominal Annual Percentage Rate.
add any Foreign Currency Transaction Fee Finance Charges fa the billing period charged under this section to any Periodic
x each purchase transaction category and add up these amounts.
ARGE of $50 for any billing period in which Periodic Finance Charges of less than $.50 would otherwise be imposed.
Annual Fee. If your Pricing Schedule accompanying your Card includes Annual Fee, we will charge you an Annual Fee in the amount indicated. We will charge you this fee when we open your
Account and at the beginning of each anniversary year your Account is o . The Annual Fee is not refundable, except as provided by taw.
Late Fee. We will charge you a Late Fee d you have failed, as of the P Due Date, to make the Minimum Payment Due that was required to be paid fa that billing period. The amount of the Late
Fee is based on the sum of all outstarding purchases, cash advances, ?alance transfers, other charges, other fees and Finance Charges at the end of the billing period for which we did not receive
timely payment. If the sum is $250 or less, the fee is $19; if it is greater t han $250, the fee is $39.
Overifmit Fee. We will charge you an Overfiml Fee each time that, as ¢ f the dose of a billing period, your outstanding Account balance exceeds your Account credit line. This fee may be charged even
I the transaction which causes you to exceed your Account credit line ' authorized by us or if you exceed your Account credit line due to the posting of Finance Charges or fees to your Account. The
amount of the Overlimit Fee is based on the sum of all outstanding pu , cash advances, balance transfers, other charges, other fees and Finance Charges at the end of the billing period. If the
sum is equal to or less than $500 and you exceed your credit line, the init Fee is $15.1 the sum is greater than $500 and you exceed your credit line, the Overlimit Fee is $39.
Returned Payment Fee. We will charge you a Returned Payment Fee $35 each time you pay us with a check or other instrument that is returned unpaid. This fee will also apply if a debit transaction
to a deposit account from which you have authorized us in waiting, elect ically or orally to periodically deduct all or a part of an amount you owe us under this A
Agreement returned unpaid. We will
charge you this fee the fvst time any payment is returned unpaid, even ' it is paid upon resubmission.
Returned Discover Card Check Fee. We will charge you a Returned &over Card Check Fee of $35 each time we decline to honor a Discover Card cash advance check, balance transfer check,
promotional purchase check, or other promotional check.
Pay-By-Phone Fee. We may from time to time allow you to make paym ants by authorizing us over the telephone to transfer or pay funds from a deposit account to your Account. We will charge a Pay-
By-Phone Fee of $10 for each such transfer or payment.
Research Fee. We may charge you a Research Fee of $5 for each of a billing statement or sales slip that you request. However, we will not charge a fee if you request copies in connection with a
billing erns.
DEFAULT AND CANCELLATION;
Types of Default You are in default 9 you became insolvent; if you file bankruptcy petition or have one filed against you; if we have a reasonable belief that you are unable or unwilling to repay your
obligations to us; I you are declared incompetent by a court or d a court ppoft a guardian for you or a conservator fa your assets; if you die; lt you fail to campy with the terms of this Agreement,
including fading to make a required payment when due, exceeding your, credit line or using your Card or Account for a Prohibited Transaction; or I you fail to make a required payment when
due on any other account you have with us.
Consequences of Default If you are in default, we may declare the erd re balance of your Amount immediately due and payable without notice. If we refer the collection of your Account to an attorney
or employ an attorney to represent us with regard to recovery of money you owe us, we may charge you reasonable attorneys' fees and court or other collection costs as
permitted by law and as
actually incurred by us, including fees and costs in connection with any 'peal. We may delay enforcing or not enforce any of our rights under this Agreement without losing orwaiving any of them.
Cancellation. You may cancel your Account by notifying us in writing or telephone and returning or destroying every Card and unused check that we have provided you. You can notify us by
telephoning I-M-DISCOVER (1-800-347-2683), or by writing Discover rd, PO Box 30943, Sall Lake City, UT 84130-0943. Of course, you will still be responsible to pay any amount you owe us
according to the terms of this Agreement. If your Account is a joint , either Cardmember may cancel the Account, but you will both remain responsible to pay any amount owed to us according to
the terms of this Agreement Wine may cancel or suspend your Account any time without notice. We may choose riot to renew your Account (beyond the expiration date shown on the face of a Card)
without notice. You must return any Card or unused checks to us upon est.
PRIVACY AND OUR COMMUNICATIONS WITH YOU
Our Privacy Policy. We may from time to time review your aedd, em and income records. We respect the privacy of information about you and your Account. Our Privacy Policy includes a
summary of the personal information we collect, wihet lt may be shared ' others, how we safeguard the confidentiality and security of information and the steps you may take to limit our sharing of
such information with others. Please read it carefully as it is part of your Agreement.
Reporting to Credit Reporting Agencies. As indicated in our Privacy okcy, we may report to credit reporting agencies and other creditors the status and payment history of yourAccount, including
negative credit information. Late payments, missed payments or other cle aults on your Account may be reflected in your credit report. We normally report to such credit reporting agencies each month. If
you believe that our report of your Account status is inaccurate or scan e, please mite us at the following address: Discover Card, PO Box 15316, Winingon, DE 19850-5316. Please include your
name, address, home telephone number and Account number.
Our Communications with You. Our personnel may listen to or record one caps between you and our representatives withal additional notice to you as permitted by law. We may use any
medium, including but not limited to mail, live telephone calls, automated elephone equipment, prerecorded tele-phone calls, e-mail and may make calls to your cell phone to contact you about your
Account or offer you Products or services that may be of value to you. If y )u prefer not to be contacted in one or more of these ways, telephone us at 1-W-DISCOVER (1-800-347-2683) or write to us
at Discover Card, PO Box 30961, Salt Lake City, UT 84130-0961.
Releasing Information About Your Account We provide various meh )ds by which you can obtain information about your Account. We will only release wchh information to you, any Author-ized User
that our records indicate is an authorized buyer on your Account and any person with your prior permission, in addition to as pro-vided in our Privacy Policy or as required by law. Our security
measuies cannot insure against unauthorized inquiries. You agree that will not be responsible fa the release of information to anyone who, am Iwith-out your authorization or permission, has
gained possession of a Card or has learned other identifying characterise abort you such as your per-sonal identification number, Account number or soul security number.
Electronic Notices to You. We may offer you the opportunity to receive in notices from us eleo-tronicaly rather than through the mail, including monthly billing statements and change of terms
notices. The temps and conditions fa receiving these electronic commun' ions will be described in the offer.
Notices - Changes to Your Information. If you change your e-mail addre , mailing address or telephone number you must notify us of your new address or telephone number within 15 days. You can
notify us by telephoning 1 X00-DISCOVER (1-800-347-2683) or by writing Disoove Card, PO Box 30943, Sal Lake City, UT 84130,0943. If your Account is a Joint Aocaurd, any notice we mail to an
address you have provided fa the Account will serve as notice to both Cart .
CLAIMS AND DISPUTES
Merchant Disputes. We are not responsible fa the refusal of anyone to a ccept or honor a Cad or to accept checks that we have provided you. If a merchant fails to provide your purchase to your
satisfac than and you request a credit to you Account, we will investigate dispute. If we resolve the dispute in
your favor, we will issue a credit to your Account and you oil be deemed to have
assigned to us claim et the merchant ancYa an
your against any third party for a credited amount. Upon our request, you agree to provide us with mitten evidence of such assignment.
Claim Notices. In the event that you or we have a claim that arises from relates to your Account, any prior account you had with us, your application, the relationships which result from your Account
or the enforceability of the Agreement or any prior agreement, before in'
"
' '
. joining or fPatrg in any judicial or arbitration proceeding, as either an individual litigant or member of a class
(
Proceeding
), the complaining party shall give the other party: (1) a notice of the lain ("Claim Notice' , at least 15
) days before initialing any Proceeding, explaining in reasonable detail the
nature of the claim and any supporting facts; and (2) a reasonable good ith opportunity to resolve the claim without the necessity of a Proceeding. This includes any claims involving our parent
corporation, subsidiaries, affiliates (including, with-out limitation, DFS Serv' LLC), predecessors, successors, assigns, as well as the officers, directors and employees of each ot these entities. Any
Clain Notice shall be sent to us at Discover Cad, PO Box 3024, New AI y, OH 43054 (a such other address as we shall subsequenty provide to you) (the "Claim Notice Address") or to you at your
address appearing in our records or, if you are represented by counsel, to r attorney at your attorney's office.
Arbitration of Disputes. Agreement to arbitrate. In the event of any past, Yesent or future claim or dispute (whether based upon contract, tat, statute, common haw or equity) between you and us
arising from or relating to your Account, any prior account you have had ' h us, your application, the relationships which result from your Account or the enforceability or scope of this arbitration
Provision, of the Agreement or of any prior agreement you or we may a to resolve the dank or dispute by binding arbitration. IF EITHER YOU OR WE ELECT ARBITRATION, NEITHER YOU NOR
WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLANK IN COURTOR TO RAVE A JURY TRIAL ON THAT CLAIM. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL
RIGHTS WILL BE LIMITED. NEITHER YOU NOR WE SHALL BE EWITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDMEMBERS NTH RESPECT
TO OTHER ACCOUNTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY
("Class Action Waive).
Notwithstanding anything else to the contrary in this arbitration provi ' , only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even fall parties have
opted to litigale a chin in court, you or we may elect arbitration with res mot to any claim made by a new party or any new claims later asserted in that lawsuit and nothing undertaken therein shall
constitute a waiver of any rights under this arbitration provision. We will ot invoke our right to arbitrate an individual claim you bring in small claims court or your state's equivalent court, ff any, unless
such action is transferred, removed or appealed to a different court. ;
Governing Law and Rules. Your Account involves interstate commerce
whoever In the
arbi tratian claim, by either the American Arbitration Association (AAA)
procedures, to file a claim or for other information, contact AAA at 335 g
MN 55405 (phone 1-800474-2371). No other arbitration forum will be p
consented to by all parties, no arbitration may be administered by any a
this section. If we elect to resolve a claim or dispute by binding aftatie
recover your arbitration filing, administrative and hearing fees, reasonat
by the arbitrator.
Fees and Casts. At your wiitten request, we will advance any arbitration
pay to pursue a claim or dispute as a result of our electing to arbitrate
that claim or dispute. Send requests to Discover Card, PO Box 30421,
responsible for paying or reimbursing our arbitration filing, administrative
the action proceeded in court. In no event will you be required to pay an,
by applicable law.
Hearings and Dedsions. Any arbitration hearing will take place in the fec
and applicable statutes of limitations and shag honor claims of privilege r
were pending in court. If requested by any party, the arbitrator shag write
under the FAA and except that if the amount in controversy exceeds $1(
applicable law provides otherwise, the appealing party will pay the cost c
emerged by the arbitration administrator and the arbitrators in connection
Other Beneficra*s of fts Provision. Our rights and obligations under thi
without limitation, DFS Services LLC), predecessors, successors, assor
named as a co-defendant with us or with any of the foregoing in a chin 1
and be binding upon all persons contractually liable under this Agreemer
Survival of this Provision. This arbitration provision shag survive termka
bankruptcy by you and any sale by us of your Account.
Right to RejectArbitrafion. You may reject the Arbitration of Disput
Card, PO Box 30938, Saft Lake City, UT 84130-0938. ff you were previ
notice must include your name, address, telephone number, Account nix
Disputes section or sending a rejection notice in a manner or format that
be provided by you directly and not through a third party. Rejection of arb
other account as to which you and we have agreed to arbitrate disputes.
account you have had with us, even if you have previously sent a rejectie
LEGAL INTERPRETATION OF THIS AGREEMENT
Severability. If any part of this Agreement becomes unenforceable, it will
section is invalidated in any proceeding in which you and we are involved
Compliance with Interest Rate Limitations. We intend that this Agreen
rate that is greater than the maximum amount permitted by law. If it is eve
maximum lawful amount, the Finance Charges and other charges will be
balance of your Account or will be refunded to you by means of a check i
Goveming Law. This Agreement and any claim or dispute arising ou
ASSIGNMENT OF ACCOUNT
this provision shall be governed by the Federal Arbitration Act (FAA). The arbi-tration shag be conduced, at the option of
the National Arbitration Forum (NAF) in accordance with their procedures in effect when the claim is filed. For a copy of their
ndson Ave., Floor 10, New York, NY 10017-5905, dppgp .2dr.o g (phone 1-801}778-7879) or NAF at PO Box 50191, Minneapolis,
rmitied, except as agreed to pursuant to either the Changes to this Agreement section or a writing signed by both parties. Unless
ministrator that has any formal or informal policy, rule or pro-cedure that is inconsistent with or purports to override the terns of
and the arbitrator issues an award in your favor on a claim or claims with respect to which you would not otherwise be entitled to
r attormeys' fees andlor other arbitration costs, we will be responsible for paying or reimbursing such costs and fees if awarded
administrative and hearing fees which you would be required to
all Lake City, UT 84130.0421. The arbitrator wig decide who will ultimately be responsible for paying those fees. You will only be
or hearing fees to the extent you would have been responsible for paying "attorneys' fees and court or other collection costs" had
fees or costs incurred by us in connection with an arbitration proceeding where such a payment or reimbursement is prohibited
.ral judicial district where you reside. The arbitrator shag follow applicable substantive law to the extent consistent with the FAA
cogn¢ed at law and shall be authorized to award all remedies permitted by the substantive laws that would apply if the action
an opinion containing the reasons for the award. The arbitra-tor's decision will be final and binding except for any appeal rights
),000, any party may appeal the award within 30 days to a three-arbitrator panel, which shag review the award de novo. Unless
the appeal, regardless of its outcome. However, we will consider in good faith any reasonable request for us to bear the fees
ith the appeal. Judgment upon any award by the arbitrator may be enforced in any court having jurisdiction.
arbitration provision shall inure to the benefit of and be binding upon our parent corporations, subsidiaries, affiliates (including,
as well as the officers, directors and employees of each of these entities, and will also inure to the benefit of any third party
hich is subject to this arbitration provision. Your rights and obligations under this arbitration provision shall inure to the benefit of
and all Authorized Users of the Account.
ion of your Account as well as voluntary payment in fug by you, any legal proceedngs by us to collect a debt owed by you, any
m section by providing us a notice of rejection within 30 days after receiving a Card, at the following address: Discover
sty subject to arbitration with respect to any account with us, this right to reject arbitration will not apply to you. Your rejection
ber and signature and must not be sent with any other correspondence. Calling us to indicate that you reject the Arbitration of
yes not comply with all applicable requirements is insufficient notice. In order to process your notice, we require that the notice
ra-tion will not affect your other rights or responsibilities under this Agreement or your obligation to arbitrate disputes under any
you do not send a rejection notice, you will be obligated by the Arbitration of Disputes section with respect to this and any prior
notice with respect to that prior account.
not make any other part unenforceable, except that N the Class Action Waiver set forth above in the Arbitration of Disputes
then the Arbitration of Disputes section will be void with respect to that proceeding.
N ft will comply with applicable interest rate limitations. You will not be required to pay Finance Charges or other charges at a
finally determined that, but for this section, the Finance Charges or other charges under this Agreement would exceed the
educed to the maximum lawful amount. Any excess amount that you have already paid will be used to reduce the outstanding
our discretion.
of this Agreement will be governed by applicable federal law and, to the extent state law applies, Delaware law.
We may sell, assign or transfer your Account or any portion thereof with ot notice to you. You may not sell, assign or transfer your Account with-out fist obtaining our prior written consent.
CHANGES TO THIS AGREEMENT
We may change any term or part of this Agreement, including, but ni
assessed or add any new term or part to this Agreement If required
change to the outstanding balance of your Account on the effective h
changes, and N you do, you must notify us in writing within 15 days h
will be closed and you must pay us the balance that you owe us undi
of your Account after the effective date of the change will be deemed
the change.
We may also change any tens of any product, service or benefit offer
benefit
limited to, any finance charge rate, fee or method of computing any balance upon which the finance charge rate is
r law we will send you a notice at least 15 days before the change is to become effective. We may apply any such
to of the change and to new charges made after that date. You may be offered the opportunity to reject some of the
ter the mailing of the notice of change at the address provided in the notice of change, in which case your Account
the existing terms of the unchanged Agreement Otherwise, you will have agreed to the changes in the notice. Use
cceptance of the new terms as of such effective date, even if you pre-viously notified us that you did not agree to
in connection with your Account We will notify you as required by law or by the terms of the product, service or
PRIVACY POLICY
We are required by federal law to provide you with a copy of our Privacy Policy each year. If you have previously notified us about your privacy preferences, as described in Section 4, it
is not necessary to do so again unless you decide to change your preferences.
We Respect Your Privacy
Our mission is to provide you with superior products and services, along v 1h the peace of mind Movong that the security of your personal information is our t
guarding information about you and your Account. We want to assure yoL that we have taken steps, and will continue to take op priority. VW understand your conkers about
eps, steps, to safeguard that ihforation.
This Privacy Policy describes our efforts to meet these objectives. It indi. a summary of the folowing important information:
A listing of the personal information we collect;
The circumstances in which we may share information with others;
The ways we safeguard the confidentiality and security of iribmation;
and
The steps you may take to lint our sharing of such information with
others. See Section 4 for cornplete details.
Please read our Privacy Policy carefully. It WR help you understand how colect and share information.
1. What Personal Information Do We Collect?
To serve you better and manage our business, it is important that we and maintain accurate personal information about you. We obtain this information from applications and other forms you
submit to us, from your dealings with us and others, from consumer repo ing agencies, and from other sources, such as our Web sites. For example:
VVe may obtain information such as your name, address and date of birth from applications and other fors you submit to us.
We may obtain information such as Account balances, payment history, Our use of your Account and the types of services you prefer from your transactions and other dealings with us and others.
We may obtain information such as the balances of your loans with otherllenders and your payment history with others from consumer reporting agencies.
VVe may obtain information such as your Internet service provider, your e?rmail address, your computer's operating system and Web Nowser, your Web site use and your product and service
preferences from your visits to Web sites.
2. Is Personal Information Shared with Others?
We limit the sharing of i Ibmiation wth others. Many of the offers you reo we for products and services are provided directly to you from us. For example, a retailer that accepts the Discover` Card may
carne to us with a special offer fa Cadmenbers, such as a discount ceri hate or product upgrade. After careful consideration of the nature of the offer and the company, we will create a list of
Cardmermbers who may be interested in the offer based on certain char eristics. We will send the offer directly to those Cardmembers on behalf of the retailer by, for example, including an insert in
their monthly billing statement or mailing the offer ourselves. We control If e information used to crake the offer, we do not sharethe list or any intrmation about our Cardmembers with the retailer
However, please understand that if you do receive this type of offer from s and choose to take advantage of it, the retailer may then lean information about you because only Cardmembers with certain
characteristics received the offer.
There are, however, ammstanoes in which we may share the hbmaf we collect about you, as described m Section 1, with other companies in order to provide you with access to products and
services and to service your Account effectively, as detailed below. VVe re, ire these companies to adhere to our privacy standards and to use this information only for the limited purpose for which it
was shared. We do not allow them to disclose it to others without our prior approval.
a. Sharing Personal Information with Our Corporate Family
Our corporate family offers a variety of products and services that can he you manage your finances. in order to provide you with access to these products and services, we may share the information
we collect about you, as described in Section 1, with other members of ou corporate family. These companies include financial service providers that offer credit protection, cad servicing and payment
processing services.
b.
Sharing Personal Information with Non-Alfffated Parties for
Marketing Purposes
VVe may share the iribmation we tolled about you, as described in Sect' 1, with non-affiliated third parties, including those that accept the Discover Card, in order to provide you with access to
products and services offered directly by these companies that may be ot due to you. These companies include financial service
P, such as insurance companies, and non financial companies
such as retail
ers.
,
C.
Sharing Personal Information with Others
We may share the information we collect about you, as descxbed in Section
other fnanaal s tilrtorhs with which we have joint marketing agreements; or , with companies that perform support: or marketing services on our behalf, such as mailing, market research and data processing;
parties that are our partners for co-brand credit cad programs or reward programs
We may also share such inform
ti
permitted by law. .
a
on as
3.
How Do We Protect the Confidentiality, Security and Integrity of Info ation about You?
We maintain physical, electronic and procedural safeguards to protect the formation we collect about you. Access to such informmation is restricted to individuals who need it in order to service your
Account or provide products and services to you, and who are trained in proper handling of such information. Employees who violate these confidentiality
Y requirements are subject to our disciplinary
process. Vlitmere third parties provide support services, we require them to Worm to our
privacy standards.
It is important that the information we maintain about you is accurate and +plete. If you see information in your monthly billing statements or elsewhere which suggests that our information is
incomplete or inaccurate, please write to us at Discover Card, PO Box 80943, Saft Lake City, LIT 841304)943 so that we can update this information.
4. How Can You Limit Sharing of Information About You?
We respect your privacy and offer you choices as to whether we may share inbimation about you with others. You have the option to tell us not to share the information we collect about you, as described in
Sedan 1, with nor-affiliated third parties. You also have the option to tell s not to share the information we coiled about you, as desarbed in Section 1, with companies in our corporate family. If you indicate a
prekience for either of these options, please understand that you may no receive offers for products and services provided by other companies that could help you lower your costs, maximve your financial
resources, or manage your finances.
To indicate your preferences, please call us at 1.800-225-0202 or
privacy preferences, it is not necessary to do so again unless yoi
nurnber(s) and should rat be sent with any other correspondence. In c
provide us with your preferences for each credit card account you have
You may notify us about your preferences at any time. Your request w
law. For example, federal law permits us to share information about yo
you are a new Carctrnennber, we will not share any nfaration about y
about your preferences. If you are an existing Carcirnernber, please un
the processing of your request.
This Privacy Policy is provided to the primary Cardmember listed on th
to the entire Account. We do not share inforation about former custor
this Privacy Policy from time to time and we will notify you ff we do so.
This Privacy Policy is provided to you by Discover Bank and its subsidi
family of Discover Cards for consumers and the products and services
information registered in connection with the service, which will not be
may have other rights under state laws that apply to this information. PI
products and services provided to you by us and our affiliates. You will
Vermont Residents - Your state law requires financial institutions to o
collect about you with non-affiliated third parties or companies in our cc
California Residents - Your stale law requires financial institutions to
share information we collect about you with non-affiliated third parties %
Your Billing Rights
KEEP THIS NOTICE FOR FUTURE USE
rite to Discover Card, PO Box 30%1, Salt Lake City, UT 84130-0961. If you have previously notified us about your
decide to change your preferences. Your written request should include your name, address, telephone number and Account
der to process your request, we require that the request be provided by you directly and not through a third party. You YAN need to
with us.
remain in effect until you nottiy us otherwise. We will honor your request and not share this information except as permitted by
with consumer reporting agencies, service providers and financial institutions; with which we have joint marketing agreements. 9
r, except as permitted by law, for thirty days after we provide this Policy to you in order to give you an opportunity to inform us
Nstand that you may continue to receive marketing offers directly from other companies that were already in production prior to
cunt. However, any joint Cardmembu has the right to notify us about preferences and we will treat that request as applying
except as permitted by law. This notification supersedes all previously issued Privacy Policies. We reserve the right to amend
c, which currently include GTC Insurance Agency, Inc. and Discover Products Inc. Unless otherwise specified, it applies to the
red in connection with those Cards, including the Wallet Protection card registration service (with the exception of any
ad). It is part of your Cardmember Agreement and provides a further explanation of how we collect and share information. You
e note that you will also receive privacy notices for other credit card accounts you have with us, as well as other financial
d to indicate your preferences for each of these separately as disclosed in the notice.
h your consent prior to sharing information about you with others. Except as permitted by law, we will not share information we
ate family unless you call us at 1.800-DISCOVER (1400347-2683) and authorize us to do so.
in your consent prior to sharing nformation about you with non-affiliated third parties. Except as permitted by law, we will not
you are a resident of California.
This notice contains important information about your rights and our resgonsiblities under the Fair Credit Billing Act.
1. Notify Us in Case of Errors or Questions About Your Bill
ff you th ink your bill is wrong or if you need more information about a on your bill, write us on a separate sheet of paper at the address listed on your bill for Notice of Billing Errors. Write to us
as soon as possible. We must hear from you no later than 60 days after ve t you the first bill on which the error or problem appeared. You can telephone us, but clang so will not preserve your rights.
In your letter, give us the following information:
• your name and Account number.
• your dollar amount of the suspected error.
describe the erns and explain, f you can, why you believe there is an err
If you have authorized us to pay your credit card bill automatically from yi
must reach us three business days before the automatic payment is scht
2.
Your Rights and Our Responsibilities After We Receive Your
Written Notice
We must acknowledge your letter within 30 days, unless we have correct
After we receive your letter, we cannot try to collect any amount you que:
appy any unpaid amount against your Account credit limit You do not ha
question.
ff we find that we made a mistake on your bill, you will not have to pay any
will have to make up any missed payments on the questioned amount. In e
ff you fad to pay the amount that we think you owe, we may report you as
pay, we must tell anyone we report you to that you have a question about
has been settled between us when it finally is. If we don't follow these rule
3. Special Rule for Credtt Card Purchases
If you have a problem with the quality of goods or services that you purchu
the remaining amount due on the goods or services. There are two timitab
(a)
you must have made the purchase in your home state or, if not within your
(b) the purchase price must have been more than $50.
If you need more information, describe the item you are not sure about.
savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter
led to occur
the erns by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct.
n or report you as delinquent. We can =*ue to bill you for the amount you question, including finance charges and we can
to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in
anee charges related to any questioned amount. If we didn't make a mistake, you may have to pay the finance charges, and you
er case, we will send you a statement of the anhount you owe and the date that it is due.
dnquent. However, I our explanation does not satisfy you and you write us within ten days telling us that you still refuse to
our bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter
we can't collect the first $50 of the questioned amount, even fi your bill was correct.
with a credit card, and you tried in good faith to correct the problem with the merchant, you may have the right not to pay
on this right:
state, within 100 miles of your current mailing address; and
These limitations do not apply Nwe own or operate the merchant o r if we mailed you the advertisement for the goods or services.
4. Purchases Made with Checks or Cash Advances
The Special Rule for Credit Card Purchases does not apply to purchase s made with a balance transfer check, cash advance or promotional purchase check. Therefore, I you have a problem with the
quality of goods or services that you purchased with a balance transfer heck promotional purchase check, cash advance check or the proceeds of a cash advance, you do not have the right to
withhold payment of the amount due.
DESCRIPTION OF COVERAGE
SCHEDULED AIR TRAVEL ACCIDENT INSURANCE
Discover Car6 members are provided with $500,000 Scheduled Ai T vel Accident Insurance.' You, your Spouse, Domestic Partner or eligible Dependent Children for whom a ticket was purchased
on your Card (as defined below) will be autom&aly insured against I Loss of Life arising from and occurring on a Covered Trip while you, your Spouse, Domestic Partner or eligible
Dependent Children for whom a ticket was purchased on your Cad are
i ' riding as a passenger in or entering, exiting or being struck by a Sclheduked Aircraft or a conveyance operated by a military
transport service or rid
ng as a passenger in or entering or exiting any licensed to carry the pubic for a fee and while traveling directly to or from the the
airport mnediaitely ?
departure of a Scheduled Aircraft on which the Insured Person has passage and immediately following the arrival of a Schedule Aircraft on which the Insured Person was a passenger.
`Coverage is underwritten by Federal Insurance Company, a member i surer of the Chubb Group of Insurance Companies. Certain limitations and exclusions apply.
PLAN FEATURES
THE BENEFITS: The full Benefit Amount ($500,000) is payable far Acc I Loss of Life. The Loss must occur within one year of the Accident
MAXIMUM LIMIT OF INSURANCE: If more than one Insured Person a Loss in the same Accident, the Company will not pay more than the maximum link of insurance ($20,000,000) per
Accident. If an Accident results in Benefit Amounts becoming payable, ich when totaled, exceed the applicable limit of insurance shown above, the maximum knit of insurance will be divided
proportionally among the Insured Persons, based on each applicable Amount. In the event of multiple Accidental deaths per Account arising from any one Accident, the Cornpanys liability for all
such Losses will be limited to a maximum limit of insurance equal to two [times the applicable Benefit Amount for Loss of Life. Benefits will be proportionately divided among the Insured Persons up to
the maxnhum link of insurance.
DEFINITIONS:
Acciderd or Accidental means a sudden, unforeseen and unexpected vent happening by chance, and includes unavoidable exposure to elements arising from a covered Hazard.
means bodily injury which is Accidental, i the direct source of a Loss, is independent of disease, illness or other cause and occurs while this policy is in force.
A &go means a Cad account.
Benefit Amount means the Loss amount at the time the entire cost of a passenger fare is charged to an Account.
LW means the Discover Card.
Cardmembe means the holder of the Card whose name appears on th e credit card.
Complpy means the Federal Insurance Company.
CQyeredjpp means travel on a Scheduled Aircraft when the entire cosi
' of the passenger fare fa such transportation, less redeemable certificates, vouchers or coupons, has been charged to the
Insured Person
s Account.
Dependent Child or Children means those children, including adopter ildren and those children placed for adoption, who are primarily dependent upon the Insured Person fo maintenance and
support and who are: (1) tinder the age of 19 and reside with the Insurec Person; (2) beyond the age of 19, permanently mentally or physically challenged and incapable of sell support; or (3) under the
age of 25 and classified as full-time students at an institution of higher ng.
Domestic Partner means a person who: (1) is at least 18 years of age . rid competent to enter into a contract; (2) is not related to the Insured Person by blood; (3) has exclusively lived with the Insured
Person for at least one year prior to the date of enrollment; (4) is not leg fly rnanied or sepa-rated; and (5) as of the date of enrolment, has with the Insured Person at least two of the following financial
arrangements: (a) a joint mortgage or lease; (b) a joint bank account; (c) ont title to or ownership of a motor vehicle or status as a joint lessee on a motor vehicle lease; or (d) a joint credit card account
with a financial institution. Neither the Insured Person car the Dorneslc er can be married to, nor in a civil union with, anyone else.
banW means the covered circumstances for which this insurance is prc ided as stated in Section III of the Declarations, Hazards, and described in the Hazards form, as described on page 1 of this
Description of Coverage.
Insured Person means all Cardmembers, their spouses, Domestic Pat ers and Dependent Children, as well as authorized users of the Account.
LM means the Loss of Life.
Loss of Life means death, including clinical death determined by t!
b
1 I goveming medical authorities.
-
-
Policytrolder means DFS Services LLC, the entity responsible for t of premium.
Scheduled Aircraft means an aircraft owned ado operated by a Sclw led Airline.
Scheduled Airline means an aline which is either of United States regi try and certified by the United States government to carry passengers on a regularty scheduled bass or of foreign register and
approved by the United Stales government and the appropriate foreign
Wu means hostilities following a declaration of War by a government . If there is no declaration of War, then (1) armed, open and continuous hostilities between two counties or (2) armed
open and continuous hostilities between two factions, each in control of ,
ffifty, or canning jursdxx tion over the site of the area of hostility,
DISAPPEARANCE BENEFITS: lithe Insured Person has not been found one year of the disappearance, stranding, sinking, wreclking or breakdown of any Scheduled Aircraft or conveyance in which the
hand Person was covered as an occupant, it will be assuxrmed, subject te all other terms of the poky, that the Insured Person has suffered Loss of Line covered under this policy.
EXPOSURE BENEFIT'S: Accident inckudes unavoidable exposure to arising from a covered Hazard.
ELIGIBILITY: This insurance plan is provided to Insured Persons ly when the entire cost of the passenger fare(s) on a Scheduled Aisne is charged to the Cardmermbees Account while the
insurance is effective. it is not necessary for you to notify the Policyholder the Company when Scheduled Anne tickets are purchased.
EFFECTIVE DATES: Your insurance under this insurance plan is effect iv the later of 1) April 1, 2007; or 2) the date you become an eligible Card-member. Your insurance coverage under this
insurance plan will cease on the earlier of: (1) the date the insurance cove rage is terminated; or (2) the date you cease to be an eligible Candrmernber.
COST: This insurance plan is provided at no additional cost to eligible In red Persons for Covered Trips. Policyholder pays the full cost of the insurance.
THE BENEFICIARY: The Loss of Lie benefit will be paid to the designated by you. 9 no such designation has been made, that benefit will be paid to the first surviving beneficiary in the
following order: a) your spouse; b) your children; c) your parents d) your ers and sisters, e) your estate. All other indermities will be
paid to you. ff you wish to change your beneficiary
you may
request a beneficiary designation form by writing to the plan administrator ,
:The Died Marketing Group, Inc., 13265 Bedford Avenue, Omaha, NE 68164 or at Bwek4request@TheDimcdOG.com.
EXCLUSIONS: This itsurarmce plan does not cover Loss resulting from: (
Policyholder or any aircraft owned, leased or operated by an employee of ) an Accident occurring while an Insured Person is in, entering or exiting any aircraft owned, leased or operated by this
the Policyholder on behalf of the Policyholder (this exclusion does not apply to aircraft chartered with pilot or crew on one time
charter basis), (2) an accident while an Insured Person is in, entering or ex iling any aircraft while acting or training as a pilot or crew member (this exclusion does not apply to passengers who
temporarily perform pilot or crew functions in a life threatening emergency
bodily malfunctions (except bacterial infection caused by an Accident or ; (3) emotional trauma, mental or physical illness, disease, pregnancy, chikbrth or miscarriage, bacterial or vial infection, or
Accidental consumption of a substance contaminated by bacteria); (4) suicide
attempted suicide or Loss th
t i
i
t
ti
l
self-inflicted; or (5) declared or undeclared War. ,
a
s
n
en
ona
ly
CLAIM NOTICE: Written claim notice must be given to the Company with 90 days after the occurrence of any Loss covered by this policy or as soon as reasonably possible. Failure to give notice
within 90 days will not invalidate or reduce any otherwise valid claim l not is given as soon as reasonably possible.
CLAIM FORMS: When the Company receives notice of a lain, the C
Company a written description of the Loss. any will send you forms for giving proof of Loss to us within 15 days. If you do not receive the forms, you should send the
CLAIM PROOF OF LOSS: Complete proof of Loss must be given to Company within 90 days after the date of Loss, or as soon as reasonably possible. Failure to give complete proof of Loss within
these time frames oil not invalidate any otherwise valid claim I notice is given as soon as reasonably possible and in no event later than one year after the deadline to submit complete proof of Loss
CLAIM PAYMENT: The Company will pay you or your beneficiary the applicable Benefit Amount within 60 days after complete proof of Loss is received and if you, the Policyholder andlor the
beneficiary have complied with all the terns of the policy.
ARBITRATION: In the event of a dispute under this policy, either the y or the Insured Person may make a written demand fa ahrbkratiarh. In that case, the Company and the Insured Person will each
select an arbiba-tor. The two arbitrators will select a third. If they carnot within 15 days, either the Company or the Insured Person may request that the choice of arbilialor be submitted to the American
Arbitration Association. The artiftbon well be held in the state of the Insure Person's principal residence.
IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL E CLAIMS SERVICE CENTER AT 1-000-CLAIMS-0 (1.800.2524670).
You can also go to the Company Web site fyp L , dick
on Report a Loss, select Accident, Benefits and Life claims, select the
appro-pri-ate form, print out the claim form, fill out and mail. You can file claim by mail or fax.
Mailing Address: CHUBB GROUP OF INSURANCE COA
CLAIMS SERVICE CENTER
600 INDEPENDENCE PARKWAY
PO BOX 4700
CHESAPEAKE, VA 233274700
Fax Number. 1-800-300-2538
As a handy reference guide, please read this and keep it in a safe place with your other insurance documents. This
description of coverage is not a contract of insurance but is a summary ot the
principal provisions of the insurance while in effect. Complete policy prm aions are contained in the Master Policy, which can be obtained from the Policyholder.
Policy #9906-18-06
Policy Underwritten By Phan Administrator
Federal Insurance Company The Direct Marketing Grot p, Inc.
a member insurer of the 13265 Bedford Avent e
Chubb Group of Insurance Companies Omaha, NE 68164.
15 Mountain View Road, PO Box 1615
Warren, NJ 07061-1651
DESCRIPTION OF COVERAGE
SECONDARY RENTAL CAR COLLISION COVERAGE
Discovers Cardmembers can benefit from the security and safety offered through Excess Collision Damage Waiver. I you rent a vehicle for 31 consecutive days or less (or 45 days under certain
circumstances described below) with your Cad (as defined below), you y be eligible for benefits under this coverage. Excess Collision Damage Waiver is an insurance program, underwritten by
Federal Insurance Company Policy #9906-17-63 (the "Policy').
DEFINITIONS:
AGG= means a Card account.
Actual Cash VA* means the cost to repair or replace the Rented
Auto-mobie at the time of loss, less depreciation.
Cardmember means the holder of the Card whose name appears on th
,QW means the Discover Card.
@ means the dyed and accidental damage to a Rentei
objects, fire, theft or larceny, explosion, earthquake, windstorm, hail, wat
Company means the Federal Insurance Company.
Imumd means Cardmembers and authorized users of the Account.
Policyholder means DFS Services LLC, the entity responsible for the p
Renbl t means a commercial automobile rental company lieerim
Emb"WngWe means a four-wheeled private passenger type mot
passengers. A Rented Automobile must be designed for travel on pudic
TO GET COVERAGE:
credit card.
Automobile caused by upset or collision with another object. Collision Damage does rat include loss caused by missiles, falling
r, flood, malicious mischief or vandalism, riot or civil commotion.
pent of premium.
under the laws of the applicable jurisdiction.
iehide or a minivan manufactured and designed to transport a maximum of seven passengers and used excursively to carry
ids and rented from Rental Agency.
The Collision Damage Waiver Coverage is provided to you, as an Insu automatically when the entire rental fee for the Rented Automobile is charged or debited to your Account. It is not necessary
for you to notify the Company at the time the rental fee is charged or to your Account.
You must decline the LosslDamage Waiver offered by the vehicle
Rental Agency.
You must rent the vehicle in your own name and sign the vehicle rental
The coverage period will not exceed 31 consecutive days, or 45
conseau-tive days if the Insured is an employee of an organization which has provided a Card to the Insured fa business use.
THE KIND OF COVERAGE YOU RECEIVE:
In consideration of the premium paid by the Policyholder as required, and bjed to all the terns of the Policy, the Company agrees to reimburse on an Actual Cash Value basis either the Insured or the
Rurntal Agency for repair or replacement of the Rented Automobile as a respk of Collision Damage to the Rented Autoroble. The Company's liability will be for a maximum reimbursement of $25,000. In no
event will the Company be liable beyond the amounts actually paid by the Ifisured or the Rental Agency.
If you or an Insured's primary vehicle insurance or other coverage has
covered by other insurance.
This coverage is not all-inclusive, which means it does not cover such
you for any injury to any party.
WHO IS COVERED:
Discover Cardmembers
EXCLUDED RENTAL VEHICLES:
Off-road, antique or limited edition motor vehicles; trucks; recreational v
type. High value motor vehicles are motor vehicles whose replacement
been manufactured for 10 years or more.
payments for a covered loss, Excess Collision Damage Waiver will corer your deductible and any other eligible amounts not
as personal injury or personal liability. It does not cover you for any damages to other vehicles or property. It does not cover
s, campers, pickup trucks, and mini-buses; limited edition motor vehicles or high value, exotic, high performance or collector
exceeds $50,000, and antique motor vehicles are defined as any vehicle over 25 years old, or any vehicle which has not
WHERE YOU ARE COVERED:
Coverage applies to vehicles rented in the United States and Canada only
Coverage is not available where prohibited by law.
WHAT IS fia COVERED:
Coverage does not apply to loss resulting from the following:
Any dishonest, fraudulent or criminal act of the Insured.
' Forgery by the Insured.
• Loss due to war or confiscation by authorities.
Loss due to nuclear reaction or radioactive contamination
The Insured being intoxicated, as defined by the laws of the jurisdiction ere the loss occurred, or under the influence of any narcotic unless prescribed by a physician.
• Use of the Rented Automobile to carry passengers and property for h' .
Use of the Rented Automobile by a person other than the one author-iz d to operate the Rented Automobile by the terms of the Rental Agreement.
Loss of use of the Rented Automobile.
Intentional damage to the Rented Automobile by the Insured.
Damage which is due and confined to wear and tear, freezing, rn
Damage to tires unless the loss is coincident with a covered loss.
Use of the Rented Automobile in tests, races or contests.
The Rented Automobile being operated or located in any territory prohil
FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS:
To the extent that this plan provides insurance against damage to a ren
days, or 45 consecutive days if the Insured is an employee of an organ!
over any other valid and collectible insurance cover-ing the Rented Puck
and if the fbIbN ng criteria is met: (a) the Rented Automobile is rented fi
Provided the Card to the Insured for business use; and (c) the Rented P
HOW TO FILE A CLAIM UNDER EXCESS COLLISION DAMAGE Wj
In the event of a claim, written or verbal notice must be provided as soo
IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL
You can also go to the Company Web site (ypppp,?), dick on F
can file a claim by mail or fax.
Mailing Address: CHUBB GROUP OF INSURANCE COA
CLANS SERVICE CENTER
600 INDEPENDENCE PARKWAY
PO BOX 4700
CHESAPEAKE, VA 233274700
Fax Number. 1-800.3100-2538
CLAIM PROCEDURE:
The Insured must send the Company wiritien notice of a claim, including
must be given as soon as reasonably possible. To file a sworn Proof of I
A copy of the Account statement showing the automobile rental transact
A copy of the automobile rental agreement.
• A copy of the police report.
or electrical breakdown or failure.
by the terms of the Rental Agreement.
d motor vehicle, the following terns and conditions apply: (1) the period of insurance coverage will riot exceed 31 consecutive
dlon which has provided the Card to the Insured for business use; and (2) the insurance provided by this plan will be excess
not . However, the insurance provided under this plan may be primary I specifically provided for under the terms of this plan
use outside the United States, its territories and possessions; (b) the Insured is an employee of an organization which has
omobde is rented without a driver.
as reasonably possible.
HE CLAIMS SERVICE CENTER AT: i400-CLAIMS-0 (1400-2514670).
sport a Loss, select Accident, Benefits and Life dams, select the appropriate form, pmt out the claim form, fit out and mail. You
Insured's name and Policy number, within 90 days after a covered loss occurs. If notice cannot be given within that time, it
, the Insured must send the following information to the Company or its authorized representative:
A copy of the initial claim report submitted to the automobile Rental
A copy of the paid claim presented by the automobile Rental Agency for Collision Damage fa which the insured is responsible.
Proof of submission of the loss to, and the results of any seltlenrnent or dr
If no other insurance is applicable, a notarized statement from the Insure
Reminder: Please refer to the Insurance Disclosures section.
INSURANCE DISCLOSURES
As a handy reference guide, please read this document and keep it in a
inforrnative state-ment to eligible Insureds of the principal provisions of tl
DFS Services LLC, herein referred to as the Policyholder. If a statement
Policy Underwritten By Plan Administrator
Federal Insurance Company ("Company's The Direct Marketing Gra
a member of the 13265 Bedford Avem
Chubb Group of Insurance Companies Omaha, NE 68164
15 Mountain View Road, PO Box 1615
Warren, New Jersey 07061-1651
by the applicable insurance carrier(s).
that effed.
fe Place with your other insurance documents. This Summary of Cover-age is not a contact of insurance but is simply an
insurance while in effect. Complete Provisions pertaining to this plan of insurance are contained in the master policy on file with
this Summary of Coverage and any provision in the policy differ, the policy will govern.
Inc.
Master Policy Number: 9906.17-63
Effective date of benefits: Effective April 1, 2007, this guide replaces all prior disclosures, program descriptions, advertising and/or brochures by any party. Policyholder and Company reserve the right
to change the benefits and features of these programs at any time.
Cancellation: Policyholder can cancel these benefits at any time or chi not to renew the insurance coverage for all authorized Cardmernbers. If Policyholder does cancel these benefits, you will be
notified at least 60 days in advance. IF the Company terminates, cancet or chooses not to renew the coverage to Policyholder, you will be notified as soon as is practicable, Insurance benefits well still
apply for any benefits you were eligible for prior to the date of such t nations, cancellation or non-renewal, subject to the terms and conditions of coverage.
Benefits to you: These benefits apply only to Cardmermbers whose ca ds are issued by U.S. financial institutions. The United Stakes is defined as the 50 United States, the District of Columbia,
American Samoa, Puerto Rico, Guam and the U.S. M* Islands. No F non or entity other than the Card-r nernber shag have any legal or equitable right, remedy, or claim fa insurance proceeds
ardor damages under or arising out of this coverage. These benefits
i not apply il your Card privileges have been cancelled. However, insurance benefits will still appy for any benefit you were
el
gible for prior to the date that your Account is suspended or cancelled bject to the terms and conditions of coverage of your Cardmember Agreerment.
Transfer of rights or benefits: No rights or benefits provided under tit se insurance benefits may be assigned without the prior written consent of the Company.
Misrepresentation and Fraud: Coverage of the Insured will be void fi, any time, the Insured has concealed or misrepresented any material fad or circumstance concerning this coverage or the
subject thereof or the interest of the Insured herein, or in case of any fra id or false swearing by the Insured relating thereto.
Coverage for an Insured will be void il, whether before or after a loss,
i Policyholder or its subscribing organization(s) has concealed or misrepre-sented any material fad or circumstance concerning
th
s coverage or the subject thereof or the interest of the Insured or in case of any fraud or false swearing by the Policyholder or its subscribing organfza4ion(s) relating hereto.
Addition of New Insureds: All eligible persons will be automatically' red under this Policy.
Examination Under Oath: ft is a condition of this h%xance that the In and the Policyholder, as often as may be reasonably required by the Company, will submit, and within its power case
others to submit, to examinations under oath and will produce fa ation all writings, books of account, bills, invoices and other vouchers, or certified copies thereof il originals are lost at such
reasonable time and place as may be designated by the Company or representative, and will permit extracts and co* thereof to be made. No such examination under oath,
examination of documents or any other ad of the Company, its em or representatives in connection with the investigation of any loss or claim will be deemed a waiver of any defense and such
ads shall be deemed to have been made or dare without prejudice to Carnparhys liability.
No Benefit to Others: This coverage will in no way inure directly or in ' to the benefit of any insurer, person or agan¢ation or other bailee.
Subrogation: ft is a condition of this insurance that if the Company the Insured for a loss, it wig require the Insured to assign and transfer an claim or ' of action
y against any individual, turn or
corporation for such loss to the Company or subogate or hold in tout a such to the extent of the amount
rights paid. The Insured wig agree to take action as requested by the Company to enforce such
rights. Upon payment by the Company to the Insured, the Insured a to direct enforcement of such rights as reasonably requested by the Company and to return to the Company any recovery to
the extent payment of loss has been made by the Company.
Arbitration: In the event of a dispute under this policy, either the ny or the Insured may make a written demand for arbitration. In that case, the Company and the Insured will each select an
arbitrator. The two arbl t tors wig select a third. 9 they cannot agree n 15 days, either the Company or the Insured may request that the choice of arbitrator be submitted to the American Arbitration
Association. The arbitration will be held in the state of the Insureds princ I residenee.
GLOBAL TRAVELER'S HOTLINE TERMS AND COND IONS
The Global Traveler's Hotine provides Cardmembers and their families wide range of free travel assistance benefits. It is operated by AXA Assistance USA, Inc. Visit Discarercard.cormltravel to learn
more.
Eligibility. You must be a Cardmember whose Accounts in good stand , the CardrmembWs spouse or dependent child traveling with the
Cardmember or an Authorized User of an Account in good standing.
Third-Party Charges. Global Traveler's Hotline is not insurance, so you it be responsible for all third-party fees and expenses for services requested, such as professional or medical fees.
Availability of Services. Certain services may not be available in all are . Call us at 14MOISCOVER (1-80D-347-2683) fa assistance or if you have questions about a specific destination. Outside
the U.S., call us collect at 1-801-902-3100. While AXA A-Wsfanoe will ke every reasonable effort to provide the services, neither AXA Assistance nor Discover Bank or our respective affiliates wig be
liable if a service is riot provided or for any services that are pro vided by id parties. The services and these terns and conditions are subject to change without notice.
Our File No.: 249752 r'F' t '? r f y
DISCOVER BANK ) ? f MAY -2 PM 2: F7
11
Plaintiff ) ?????EgR
vs. ) NO.: 10-2340 CIV ; ('?t'
BARBARA J MINNICK )
Defendant )
PRAECIPE FOR LISTING CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for
the next Argument Court.
1. Matter to be Argued: Plaintiffs Motion for Summary Judgment
2. Counsel who will argue cases:
Apothaker & Associates P.C.
Attorneys for Plaintiff
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
BARBARA J MINNICK Pro Se
1915 SPRING RD
CARLISLE, PA 17013-1170
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: A
BY:
!??h Cavallaro, Esquire
ornev for Plaintiff
Dated: April 28, 2011
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
1
Our File No.: 249752 `� PRQ T1 C
APOTHAKER&ASSOCIATES, P.C. O
BY: David J. Apothaker, Esquire /`/SEP /
Attorney I.D.# 38423 I;� B�R 6 Pn . �"Q
520 Fellowship Road C306 PFj SSA ft"O
Mount Laurel,NJ 08054 Y�V, ��T '
(800) 672-0215
Attorney for Plaintiff
DISCOVER BANK ) COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff, )
VS. )
BARBARA J MINNICK ) NO. 10-2340 CIVIL TERM
Defendant. )
PRAECIPE TO DISMISS WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly dismiss this action without prejudice.
APOTHAKER&AS lirlDebt IATES,P.C.
Attorneys mtiff
A Law Firm Enga d Collection
By:
David J. A Cthaker, Esquire
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