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HomeMy WebLinkAbout10-3571Our File No.: 262377 APOTHAKER & 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 BY ITS SERVICING AGENT DFS SERVICES LLC 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 Plaintiff, vs. LUCIA J ROI 5205 WERTZVILLE RD ENOLA, PA 17025-1260 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.- 16- - 35--71 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 Our File No.: 262377 APOTHAKER & 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 BY ITS SERVICING AGENT DFS SERVICES LLC 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 Plaintiff, vs. LUCIA J ROI 5205 WERTZVILLE RD ENOLA, PA 17025-1260 Defendant. I (? V ? 0 1 V COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: lD ' 3 5 1 / CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, 6500 NEW ALBANY ROAD, NEW ALBANY, OH 43054. 2. Defendant(s) is/are LUCIA J ROI, an adult individual residing at 5205 WERTZVILLE RD ENOLA, PA 17025-1260. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, issued to Defendant(s), Account #6011002802547083. 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 $5,071.73. 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". d t' . 7. above. 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 $5,071.73 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER Attorn A Law Firm Ens BY: I David J. A ?OCIATES, P.C. Plaintiff in D&VC-ollectioi , Esquire Dated: 5/21/2010 Our File No.: 262377 VERIFICATION David J. Apothaker Esquire EsQ hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.§/A". 904 relating to unsworn falsification to authorities. David 1. Apothaker, Esquire Attorney for Plaintiff DATE: 5/21/2010 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC LUCIA J ROI 5205 WERTZVILLE RD ENOLA, PA 17025-1260 STATEMENT OF ACCOUNT Debtor's Name: LUCIA J ROI Account Number: 6011002802547083 Balance Due: $5,071.73 Our File No.: 262377 EXHIBIT "A" .. 262377 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717-240-6397 Plaintiffs: Court Number: DISCOVER BANK BY ITS Expiration Date: SERVICING AGENT DFS SERVICES LLC Type of Action: Civil Action Defendants: LUCIA J ROI Serve Upon: LUCIA J ROI Address for Service: 5205 WERTZVILLE RD ENOLA, PA 17025-1260 Alternate Address for Service: Type of Service: O Personal (X) Adult in Charge O Deputize O Certified Mail O Posting Special Service Instructions: ** If service is to be made by deputized service to another county please specify which county Filing Attorney Information: Name: Apothaker & Associates, P.C. Address: 520 Fellowship Road C306 Mount Laurel, NJ 08054 Telephone: 215-634-8920 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~Qti<<~tr at ~~c~»d~~,~,~h~ fir; ., d~`j y'' ~ ?~: QfFfC~ ~ ThE ~~cRIFP I~r ~C a.".r~ ..:~.~.tiYh1~1 Jody S Smith Chief Deputy Richard W Stewart Solicitor Discover Bank vs. Lucia J. Roi ZO~~ ~~~il -~ ~~~ $- 4~ CUN~a ~.?-~~~-: t..~ =~C~~.~NTY Case Number 2010-3571 SHERIFF'S RETURN OF SERVICE 06/07/2010 08:10 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 7, 2010 at 2005 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lucia J. Roi, by making known unto John Sailon, Husband of defendant at 5205 Wettzville Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. MICHELLE UTSHALL, DEPUTY SHERIFF COST: $41.50 June 08, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ,,+s? GountySuite Sheriff, Teleosoft. Inc. Our File No.: 262377 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 BY ITS SERVICING AGENT DFS SERVICES LLC Plaintiff vs. LUCIA J ROI Defendant ='1L ED-OFHGE Hr- ;'ROTHONOTAEt' y 201114AR 10 APB 10, 21 C0 PEN SYLVAN A TY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-3571 Civil Action MOT> ON FOR SUMMARY JUDGMENT Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, respectfully requests that the Court enter an Order granting Summary Judgment in its favor for the following reasons: 1. There are no genuine issues of material fact to decide. 2. Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC, filed a Complaint to recover a $5,071.73 balance on the defendant's delinquent account with DISCOVER BANK BY, ITS SERVICING AGENT DFS SERVICES LLC. A copy of Plaintiff's Complaint is attached hereto as Exhibit "A" and incorporated by reference herein. 3. Defendant, LUCIA J ROI, filed an Answer to the Complaint in which defendant explains her financial situation. A copy of Defendant's Answer is attached hereto as Exhibit B" and incorporated by reference herein. 4. Defendant's Answer is insufficient as it does not conform to Pa.R.C.P. 1029(a) which requires that a responding party, in a responsive pleading, must admit or deny each averment of fact. 5. Pa.R.C.P. No. 1029(b) states that averments in a pleading not specifically admitted or denied are deemed admitted. It further states that a general denial or demand for proof shall have the effect of an admission. 6. Defendant has therefore admitted every averment found in Plaintiffs Complaint. 7. By letter dated June 24, 2010 Plaintiff served on defendant a request for admissions, a request for production of documents and interrogatories. 8. By letter dated July 29, 2010 Plaintiff sent a follow-up letter to defendant advising that responses to discovery had not yet been received. 9. To date, Plaintiff has not received a response to said discovery requests. 10. The requests for admissions are now deemed admitted pursuant to Pa.R.C.P. No. 4014(b). 11. Defendant has th$refore 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, obtaij 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 $taements and did not dispute any of the charges listed therein; (5) Defendant has failed to fu?ly repay the outstanding balance; (6) Plaintiff is the owner of the Account; (7) Defendant owes Plaintiff the amount of money Plaintiff seeks herein. 12. In further support of its claim, Plaintiff attaches hereto the Cardmember Agreement for defendant's ac ount. 13. Plaintiff also attaghes hereto a copy of the last credit card statement issued on defendant's account evidencing the balance Plaintiff seeks in the within matter. 14. Defendant has famed to sustain the burden of presenting facts which contradict the averments of Plaintiff's Complaint. 15. 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 $5,071.73 plus court costs of $133.50, totaling $5,205.23. APOTHAKER & ASSOCIATES, P.C. Attorney for Pl ' tiff A Law Firm Engaged infoebt Collection BY: amin J.)C?VAllaro, Esquire Dated: March 7, 2011 Our File No.: 262377 APOTHAKER & ASSOCIATE, P.C. By: Benjamin J. Cavallaro, Esq re Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC Plaintiff VS. LUCIA J ROI COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-3571 Civil Action Defendant PL NTIFF'S BRIEF IN SUPPORT OF ITS M TION FOR SUMMARY JUDGMENT Facts Plaintiff, DISCOVER B4NK BY ITS SERVICING AGENT DFS SERVICES LLC, by I the undersigned attorneys, respeItfully submits this brief in support of its motion for an order for Summary Judgment. Plaintiff ex?ends credit for purchases made by customers who assent to a credit agreement. In the agreem?nt, Plaintiff promises to extend a credit account to the customer in consideration of the customer' promise to repay in full the outstanding balance due plus interest incurred. Defendant, LU Defendant purchased goods payments in accordance with the J ROI, entered into a credit agreement with the Plaintiff. to the credit agreement. As Defendant has failed to make it agreement on the outstanding balance, defendant is in breach of contract. Plaintiff filed a Complaint on or about May 21, 2010. Defendant filed an Answer, in which defendant explains her fin?mcial situation. Defendant's Answer is insufficient as it does not conform to Pa.R.C.P. 1029(a) wlp ich requires that a responding party, in a responsive pleading, must admit or deny each averment of fact. Pa.R.C.P. No. 1029(b) states that averments in a pleading not specifically admitted or denied are deemed admitted. It further states that a general denial or demand for proof shall have the effect of an admission. Defendant has therefore admitted every averment found in Plaintiffs Complaint. By letter dated June 24, 20 10 Plaintiff served on defendant a request for admissions, a request for production of docum$nts and interrogatories. By letter dated July 29, 2010 Plaintiff sent a follow-up letter to defendant advising that responses to discovery had not yet been received. To date, Plaintiff has not received a response to said discovery requests. The requests for admissions are now deemed admitted pursuant to Pa.R.C.P. No. 4014(b). Defendant has therefore admitted the following::, (1) Defendant applied for, was issued, received, accepted, and signed the credit card at issue hetein; (2) Defendant used the card to make purchases, obtain extensions of credit, and obtain crash 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 Pl?intiff seeks herein. In further support of its claim, Plaintiff attaches hereto the Cardmember Agreement for defendant's account. Plaintiff also attaches hereto copies of multiple credit card statements for defendant's account, the last of which evidences the balance Plaintiff seeks in the within matter. Plaintiff has successfully established the requisite elements of its claim, a contractual duty, a breach of said duty and resulting damages. As there are no genuine issues of material fact to be decided, Plaintiff is entitled to S?mmary Judgment. Legal Argument Pa.R.C.P. No. 1035.2 states that a Motion for Summary Judgment may only be granted when there is no genuine issue of material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report. Pa.R.C.P. No. 1035.2(1). A material fact for motion on summary judgment is one that directly affects the outcome of the case. Fortney v. (7allenberger, 801 A. 2d 594 (Pa. Super. 2002). Application of this rule has held that summary jfudgment may be granted only in those cases where the right to summary judgment is clear and free from doubt. Laich v. Bracey, 776 A. 2d 1022, (Pa.Cmwlth. 2001). The purpose of the summary judgment procedure is to prevent vexation and delay, improve the machinery of justico, 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, 593 (1991). In making its determination, the Court must accept as true all properly pleaded facts, a well as all reasonable inferences which might be drawn therefrom. Thompson v Nason, 319 Pa. Super. 115 (1988), aff d 527 Pa. 330 (1991). The Court must restrict its review to materiel filed in support of and in opposition to the motion for summary judgment, and to unco4troverted allegations in the pleadings. Pa.R.C.P. §1035; Overly v. Kass, 382 Pa. Super. 108 (198 The party requesting Sunimary Judgment bears the burden of demonstrating clearly that there is no genuine issue of matelrial fact. Driscoll v. Carpenters District Council of Western Pennsylvania, 370 Pa. Super. 295 (1988); aff'd, 525 Pa. 205 (1991); Allen, 413 Pa. Super. at 411; Beasel, 410 Pa. Super. at 594; Hower v. WhitmarkAssoc. 371 Pa. Super 443 (1988). In response, the nonmoving party may not rest upon the pleadings, but must set forth specific facts controverting the movant's case. Pa.R.C.P. § 1035.3; Phaff v. Gerner, 451 Pa. 146 (1973). A review of the pleadings as a whcde in the instant case reveals that Defendant has failed to sustain its burden of presenting facts wh?ch contradict the elements of Plaintiff s claim. Conclusion Plaintiff has demonstrated sufficient facts to warrant summary judgment in its favor. Once Plaintiff satisfies its burden, Defendant must demonstrate facts which would create a genuine issue for trial. Phaff, supra. Defendant has failed to sustain its burden of presenting facts which would contradict the' elements of Plaintiff's claim. WHEREFORE, Plaintiff demands Judgment in favor of Plaintiff and against Defendant(s) for the sum of $5,071.73 plus court costs of $133.50, totaling $5,205.23. APjOTHAKER & ASSOCIATES, P.C. Attorney for Pl ' 'ff A Low Firm Engaged in l??t Collection r BY: Be amin J a a aro, Esquire Dated: March 7, 2011 Our File No.: 262377 i APOTHAKER & ASSOCIATE , P.C. By: Benjamin J. Cavallaro, Esqu re Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SEI?VICING AGENT DFS SERVICES LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. LUCIA J ROI Defendant CERTIFICATION OF SERVICE Civil Action I, Benjamin J. Cavallaro 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: LUCIA J ROI 5205 WERTZVILLE RD ENOLA, PA 17025-1260 APOTHAKER & ASSOCIATES, P.C. Attorney for Pl A Low Firm Engaged ' eb Collection av ,Allaro, Esquire NO.: 10-3571 Dated: March 7, 2011 Supreme Ca A Co 21.x.2 3 77--J-) T I 0 N A Pleas et D atultty- ForProthonotaer Use Onli Doclcct NQ_ ?:. Y The infotnation colle-cued on this faun i used solely for court adirAistration papa-w. 7Wis form does trot supplement or replace the fling and serwv e afpleadings or otherpopers as required In, law or mules of caturt, Commencement of Action: ® Complaint ? Wril of Summons ? Petition ? Notice of Appeal ? Transfer from Another Jurisdiction ! ? Declaration of Taking Lead Plaintiff s Name: DISCOVER BA BY ITS Lead Defendant's Name: LUCIA J ROI SERVICING AGENT DFS SERVICES L LC ? Check here if you are a i Self-Represented (Pro Se) Litigant Name of Plaintiff'Appellant'? Attorney: Apothaker and Associates, P.C. Are money damages requested:: ® Yes ? No Dollar Amount Requested: X within arbitration limits (Check one) outside arbitration limits Is this a loss Action Suit? ? Yes ® No Nature of the Case: Place an "X" t? the left of the ONE case category that most accurately describes your PRLViARY C SE, if you are making more than one type of claim, check the one that L you consider oost important. S E. C T'- ?I TORT (do not include mass Tort) ? Intentional ? Malicious Prosecution ? Motor Vehicle ? Nuisance ? Premises Liability ? Product Liability (does not include mass tort) ? Slanderlibel/ Defamation ? Other: 6 MASS Z y; ? Asbe ? Toba ? Toxi ? Toxi+ ? Toxii B" ? Othe; PROFS ? Dent. ? Lega. ? Medi ? Othei Pennsylvania CONTRACT (do not include Judgments) ? Buyer Plaintiff Debt Collection: Credit Card ? Debt Collection: Other ? Employment Dispute: Discrimination ? Employment Dispute: Other ? Other: 4 1 $ ? Other: ? - REAL PROPERTY ? Ejectment ? Eminent Domain/Condemnation ? Ground Rent ? Landlord/Tenant Dispute ? Mortgage Forecl E Partition V, ? Quiet Titles ^n, CIVIL APPEALS Administrative Agencies ? Board of Assessment ? Board of Elections ? Dept. of Transportation ? Zoning Board ? Statutory Appeal: Other Judicial Appeals ? MDJ - Landlord/Tenant ? MDJ - Money Judgment ? Other: MISCELLANEOUS ? Common Law/Statutory Arbitration ? Declaratory Judgment ? Mandamus l e Non-Domestic Relations straining Order Quo Warranto Replevin. PmR.CP. 205.5 212010 Our File No.: 262377 APOTHAKER & 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 BY ITS SERVICING AGENT DFS SERVICES LLC 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 Plaintiff, vs. LUCIA J ROT 5205 WERTZVILLE RD ENOLA, PA 17025-1260 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: /6 357/ C"-11 4ck NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20 days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS P4PER 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 GET LEGAL HELP. IF YOU CAN-NOT 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 O FEE.,. CUMBERLAND COUNTY BAR AS 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 TION .MUL COPY FROM RECOP set aq hand ana" rd j? 110 dewy Our File No.: 262377 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. 938423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054 Plaintiff, vs. LUCIA J ROI 5205 WERTZVILLE RD ENOLA, PA 17025-1260 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: / 6 3 s 7/ e iv:i -tt 1 } ) EVIL ACTION COMPLAINT FIRST COUNT I . Plaintiff is DISCOVER BY ITS SERVICING AGENT DFS SERVICES LLC, 6500 NEW ALBANY ROAD, NEW ALBANYOH 43054. 2. Defendant(s) is/are LUC?A J ROI, an adult individual residing at 5205 WERTZVILLE RD ENOLA, PA 17025-1260. 3. At the special instance and request of Defendant, Plaintiff, DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES 4. Defendant received, 5. This account is in default copy of the total due and owing is 6. All credits, if any, to , issued to Defendant(s), Account #6011002802547083. and used the account to its benefit. Defendant(s) has an unpaid balance of $5,071.73. A true and correct hereto, made a part hereof and marked as Exhibit "A". 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 $5,071.73 and requests this Court award Costs to the extent permitted by applicable law. APIOTHAKER Attorni A I.aw Firm En BY: David J. A POCIATES, P.C. Plaintiff in Debt'Collectioi , Esquire Dated: 5/21!2010 Our File No.: 262377 VERIFICATION David J. Apothaker, Esquire, Esq. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge,' information, and belief. The undersigned understands that the statements therein are made subject to the penalties cjf 1$ Pa.C.S . *4 relating to unsworn falsification to authorities. David J. Apothaker, Esquire Attorney for Plaintiff' DATE: 5/21/2010 i DISCOVER BANK tY ITS SERVICING AGENT DFS SERVICES LLC LUCIA J ROI 5205 WERTZVILLE RD ENOLA, PA 17025-1260 STATEMENT OF ACCOUNT Debtor's Name: LUCIA J kOI Account Number: 6011002802547083 Balance Due: $5,071.73 Our File No.: 262377 EXHIBIT "A" To whom it may concern, ?: to 40- Z C 2.377 I?'l?? _?r?ne 1?,?2olp Due to my financial difficulties,, Lucia Rai enrolled the Freedom Fidelity handle my credit card crisis. to Ln They were the ones whom I put yself to be under the debts settlement program. This is na about my bills, but the reasons a plaining why I took such action. My husband and I have joint incomes, expenses, and debts. incomes are $400.00 per week after tax reductions from C&S wholesale grocers as a full-time mployee and $140.00 per week after tax reductions from Holy Spirit Hospital as a part-time employee. My husband's, John Sailon, income as a full time employee at Hamilton Elementary School, Harrisburg School district is $27 .00 per week after tax reduction. The total income my husband and I make monthly after tax is (400.00 + $140.00 +$ 270.00) X 4 equal $ 3240.00. The monthly expenses that we share are: mortgage -# $1535.00 Car loan , $508.58 Food cost -, $500.00 Utilities - $160,00 Car insurance - $65.00 Cell phone -? $130.00 Cable + Internet+ TV $106.00 Gasoline --? $200.00 Clothes -4 $200.00 The tot?l expenses are - $3404..58 ??le ?6 a6 2377 The enclosed information clarifies our debts to the credit card. The total amount is $30601.00. If we do the math of incomes and expenses, there is no way we can make monthly payments to every credit card with high interest. We did not want to file bankruptcy; therefore we decided to pay to $ 460.00 to Freedom Fidelity Management to handle our debts. This way, I know that our debts will be paid off in 5 years. I myself go to the doctor a lot due to my poor health condition, and visits to doctors every now and then also adds up to our monthly expenses. I hope you will find hardship in qur family financial situation and understand our difficulties. If you have any question regardi g my debts settlement program from freedom financial management, the number to cont?ct is 714- 380-6481. Sincerely Thank you for understanding us Lucia Ja Roi and John Sailon Vr-M gFREEDO Financial Manage nt E r Upon entering into this AGREEMENT, the CLIEI iF represents that "FFM - Freedom Financial Management" has not, and further recognizes FFM shalt not, take any actions to isturb the relationship between the CLIENT and any creditors or persons with who the i CLIENT has any contractual or business retatio nship. The CLIENT further understands FFM has not provided the CLIENT with any counsel or suggestion regarding the advisabii' of reducing or stopping payments to CLIENT's said creditors. The CLIENT has acquired FFM for the sole purpose of NEGOTIA A RESOLUTION WITH CREDITORS AS LISTED IN THIS AGREEMENT. The CLIENT further proposes, by this AGREEMENT, to esta ish a confidential relationship with FFM in regards to resolving any outstanding creditor suits or judgments. r I validate that I have not only real but understand and agree with the above CLIENT / Creditor Relationship Statement Initial Here: ? k1i --,, Upon entering into this AGREEMENT, the CLIE Nam states that NO enrolled creditor accounts are SECURED by any collateral or cross collateralized with another account or property A secured debt is a debt for which the creditor has collateral in the form of a security interest in personal and/or real proM y. Should an individual fail to make payments on a secured debt, the creditor is entitled and most likely to repossess the pro and sell 1L Cross Collateralized debt is where you may have other financial accounts with a creditor that are not entered i to the program such as but not limited to bank accounts, mortgage loans, auto loans, insurance, etc. A creditor may have th right to cease or put a lien against a cross collateralized asset that is not enrolled in the program. FFM does NOT offer settlement ices on Secured Debts. I validate that I have not only read but u and agree with the above CLIENT Account Secured / Cross Collateralization Statement Initial Here: I Enraged AC&MUlk CLIENT confirms they will foltow the recomme ded savings plan FFM has advised and FFM will use only those savings to negotiate and settle outstanding debts with the following creditors listed below. The CLIENT validates that the balances owed below are accurate and not secured. Creditor Name Account Balance owed Bank of America 1554 $15,500.00 Discover FIN SVCS LLC 6011002$0254 $4,937,00 BANKONE NA _ 446561020060 $3,679.00 Chase 435787226000 ? $2,448,00 Housel-lold CITIBK-MC Bank 546616006469 01105962013 $1,705.00 $1 009 0 MCYDSNB CYDS CREDTf 410711884 . , 0 $716.00 _ FIRST N 65537 $607.00 Total Debt Amount: $30,601.00 Client (Print Name Signatu re s pate JOHN SAILON X Client (Print Name) LUCIA ROI Signat X re JT l Date y ? A F IW1 East Alton Avenue, Suite 240 / Santa Ana / t$A / 92705 P: (888) 443-3648 X822 / F: (714) 640-2471 Page 12 of 16 9/26/2009 &S Wholesale Grocers, Inc. F.MPLAYEE NO. EMPIA)VEE NAME DEFT PERIOD ENDING Ad Fcrry Road ' EA 97005 Lucia J Rai 00110 0 .O. Box 821 3iatfld"o, VT 05302 DATE PAID RATVJ&4 ARY MARITAL STATt13 VXFMPTIONS PERIOD BEGIN 11015 9349-3932 06/07110 1212 Married FED 0 ST 0 05/23110 EARNMS HOURS CUftREhII YiT3 _ DEDUCTIONS ^ CURRENT YTD rEAM PAY 40.10 500-05 9,534.16 3mVhin 5.11 109A idD SFr 40.10 10.03 191.3$ A Unanp 0.4I 8.7 T,5 0.10 0.64 7.44 A LST 1,00 22.0 ERSISIC 0.00 0.00 508.80 ;tEktal M-W 22.78 475.9 ACATION 0.00 0.00 508.80 cdicm 7.40 158.6 zEID HOL 0.00 0.00 101.76 tale PA S-00 15.68 335.8 WEOPS 0.00 0.00 75.00 Sec 31.66 6781 WEEK 0.00 0.00 1232 l k Pre 25.54 5412 upp LTD 5.99 131.7 WAY 1.00 22.0 PS 0.00 75.0 Deposit x)=5874 294.15 6,179.1 Deposit xxxx5387 100.00 2,200.0 t i f a 510.72 10,940.06 510.72 1 10,940.0 3 PTO DESCRIPTION CURRENT BALA _ YTD USED IMPORTANT NOTES: Per/Sick 00 40.00 acation .00 40.00 C&tSS Wholemle Grocer Inc- NON-N 12 LE Bratleboro, VT 05302 TO THE Lucia J Roi ORDER 5205 Wertzville Rd OF Enola, PA 17025-0000 PAY 7"o noL LAIts AND NO THIS IS NOT A CHE("'/- `? W-/ EMPLOYEE NAME SSN EMPLOYEE NUMBER ADVICE NO. R01, LUCIA J. 560099 FOR PERIOD ENDING R?ATE DEPT NET PAY CURRENT NET PAY YTD 05108110 .91 8010 275.80 1,980.83 PTO (VAC) ST (SIC) GROSS CURRENT GROSS YTD 31712 2,281.78 EARNINGS HOURS RATE C RRENT YTD DEDUCTIONS CURRENT 1REG 32.00 9.91 317.12 2,281.78 LST 2.00 MED W1 4.60 PA W1H 9.74 PASUiA 0,25 CV 5.07 OASDI 19.66 TOTAL EARNINGS 3200 $317.12 $2,281.78 ACH BANK ACCOUNT AMOUNT ACH PNCSAV 275. YTD 18.00 33.09 70.07 1.83 36.49 141.47 TOTAL DEDUCTIONS 1 S41.321 $300.95 PLEASE DETACH AND RETAIN THIS PORTION FOR Y61JR RECORDS Holy Spirit Hospital 503 North 21 st Street Camp Hill, PA 17011 PAY Two hundred seventy five and 801100 Donor PROC.LEVEWEPT HSH 1 8010 TO THE LUCIA J ROI ORDER OF 5205 WERTZVILLE RD ENOLA PA 1702 UNITED STATES ADWIE DATE ADVICE 1. 05/14/10 560099 ADVICE AMOU $275.80 NON NEGOTIABLE AUT4lORIZED SIGNATURE ce Only - This is NOT a Check THE SCHOOL DISTRICT OF STUD DATE STUB NO. THE CITY OF HARRISBURG, PA 06/11/10 V4288558 P.O- BOX 2645 HARRISBURG, PA 17105-695 ** NON-NEGOTIABLE ** 06 DIRECT DEPOSIT ADVICE JOHN SAILON FOR INFORMATION ONLY 5205 WERTZVILLE RD ENOLA PA 17025 Lar¢rion rua No. Period Ending . Stub ft- Slub Dare Statement of Earnings and Deductions 06 14818 06/11/10 Y4288558 06111110 Earnin s I layer Deduc7fotts Ei, er Couiributiorrs Des- lion Hou Current Year t?r Date Desc ` rion Curtenr Year to Date -- Current' Year to Dure RFZ SALARY 75. 00 817.79 9,013.48 FI:cA 49.23 710.25 49.23 710.25 LWOP j .00 -? 12.50 MEDICARE 11.51 166.09 11. 51 3.66.09 EXPLORE .00 2,016.00 FED TAX 62.31 1,015.37 .00 STATE TAX 24.38 351.74 .00 LOCAL TAX 12.70 183.27 .00 UC TAX .65 9.36 .00 .00 EMS TAX 2.00 24.00 .00 .00 RET D T-D 61.33 878.73 39.09 560.07 HEA DUES 27.00 324.00 .00 .00 DENTAL F -00 .00 31 - 58 347.38 VISION F .00 .00 3.82 42.02 LIFE INS .00 .00 1.14 16.40 HEA PPO 2P 23.76 261.36 451.39 4,965.29 UNEMPL COM -00 -00 .00 68.00 Totals 75.00 817.79 11, 16.98 Tota1S 274.87 3,924.13 587.76 6,875.50 Lecvc Earned Taken E4d,B a&mce Direct D sit LVbnnadon Net ra : SICK 11.00 12.00 .00 C OMMERCE BANK 542.92 542.92 P/E PAY 3.00 3.00 .00 MISC LEAVE 00 00 00 EWloyee . _ . ? SAILON, JOHN Tar Information Fed State MARITAL STATUS S S EXEMPTIONS 0 0 Notes: Our File No.: 262377 APOTHAKER & ASSOCIATE, P.C. By: Kimberly F. Scian, Esquire Attorney I.D. #55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. LUCIA J ROI Defendant NO.: 10-3571 Civil Action PLAINTIFF'S FIRST REQ EST FOR ADMISSIONS, INTERROGATORIES AND "QUESTS FOR PRODUCTION To: LUCIA J ROI, Defendant Pursuant to Pennsylvania Rules of Civil Procedure §4005, §4009.1 et seq., and §4014 you are to answer and respond to the 4ttached Requests for Admissions, Interrogatories, and Requests for Production separately, fully, and in writing. You should deliver a true copy of your answers and responses to the undersigned !attorney by the deadlines stated below. Kimberly F. Scian, Esquire Attorney for Plaintiff Attorney I.D. #55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 DEFINITIONS A. "Issuer" refers to B. "Account" or "the Account" refers to Account Number 6011002802547083 with Discover Bank. C. "Card" or "the Card" irefers to the credit card that was issued on the Account. D. "Defendant," "you," `!`your," or "yours" refers to LUCIA ROI E. "Plaintiff"refers to DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC and encompasses any person, employee, or other entity authorized to act on Plaintiff, s behalf F. "Charge-Off date" moans October 20, 2009. G. "Charge-Off Amountt' means $5071.73. H. "Open Date" means December 23, 2004. 1. "Last Pay Date" mea?s September 20, 2009. J. "Identify", as used he?ein with regard to a person, shall mean to provide the following: (1) the person's 1 name; (2) any other names the person uses or has used in the past; (3) the person's residen ial address and telephone number; (4) the person's business address(es) and telephone n ber(s); (5) the person's employer and job title; (6) if the person is a former employee of Defe dant, the person's last job title while so employed, and the date of termination; and (7) if the erson is not an employee of Defendant but has some other connection with Defendant, r example, agent, independent contractor, officer, director, or customer, the person's connection with Defendant. K. "Identify", as used he ein with regard to documents or tangible things, shall mean to describe such documents or tgible things by title, present location, usual location, custodian, and contents. L. The word "document' is used herein in its broadest sense to include any medium upon or with which informati n is recorded or preserved which belongs to, or is in or subject to the possession, custody or control of Defendant or Defendant's attorneys, agents, employees, trustees, represen atives, professional accountants, and any attorneys with whom you may claim the right of joi t defense privileges or special relationships, by whomever generated or received, includi g without limitation: writings; printings; drawings; graphs; charts; notes; typewriting; photographs; slides; motion pictures; videotapes or cassettes; phonograph records; tape or other mechanical recordings; ledgers; books; statements of accounts; journals; notices; ltters; catalogs; canceled checks; bank statements; invoices; bills; diaries; purchase orders memoranda of telephone communications; telegrams; telexes or "TWX's"; telecopies; draftf or preliminary versions of the foregoing; communications to or from any governmental or aw enforcement subdivision, officer, or agency; and any other instrument, writing, recording, or data compilation of any nature whatsoever, including any carbon, photographic, micro lm or other type of copy of such items, whether or not such copy is different from the original by reason of any markings, additions, commentaries, revisions, deletions, or substi tions. M. "Communication" sh4ll include, but is not limited to, any oral communications, correspondence, memoranda,reports, records and/or recordings of telephone calls and reports of meetings. N. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, ok any other legal entity. Instructia ns Regarding Requests for Admissions Pursuant to Pa.R.C.P. Noi 4014, you are requested to admit the truth of each of the matters stated below. You are to respond to eac of the following requests within thirty days after service, by delivering or causing to be delive red to the undersigned attorney a statement admitting or denying specifically, in good faith , each matter of which an admission is requested, or stating in detail the reason(s) you cannot t thfully admit or deny the matter. Your response must be in writing and verified. Please note that if after you sub it your responses to these requests for admissions, you learn that any such response was either in complete when made, or, although complete and correct when made, is no longer complete and correct, you must amend or supplement your response reasonably promptly after you discover the necessity for such an amendment or supplementation. Plaintiff will object at trial or y hearing to your use or attempted use of any evidence that is inconsistent with matters that yo have admitted or that you have failed to deny on a timely basis. OQUESTS FOR ADMISSIONS 1. Defendant applied to Issuer for issuance of the Card. 2. The Card was issued to D fendant. 3. Defendant received the card. 4. Defendant accepted the cod. 5. Defendant signed the back of the Card. 6. Defendant used the Card 10 make purchases. i 7. Defendant used the Card io obtain extensions of credit. 8. Issuer made cash advance to Defendant, either as actual cash or in payment for purchases Defendant made from thin parties by using the Card. 9. Defendant accepted each ?uch advance on the Account. 10. By accepting each such advance under the terms of the agreement applicable to the Account, Defendant beca^r{ a bound to pay the amounts of such advances, plus any additional charges providod for in such agreement. 11. Until at least the Charge-qff date, Issuer sent to Defendant, on a monthly basis, a statement of charges and alance due on the Account. 12. Defendant did not, within sixty days of the date of any billing statement on the Account, send to Issuer a written di pute of the billing statement. 13. Defendant has failed to r6ay all of the advances made by Issuer on the Account. i 14. The above listed Charge-Off Amount is the correct balance due, owing, and unpaid on the Account, after allowing ?11 just and lawful payments, credits and offsets, as of the Charge-Off Date. 15. Defendant has made no payments on the Account since the Charge-Off Date. 16. At least forty-five days before you were served with the Original Complaint in this case you received a letter fronp Plaintiff's attorneys requesting payment of the Account. 17. Plaintiff is presently the owner of the Account. 18. Defendant is indebted to (Plaintiff for the amounts asserted in Plaintiff's Original Complaint in this case. Instructions Regarding Interrogatories Pursuant to Pennsylvania Rule of Civil Procedure No. 4005, you are to answer the attached interrogatories separately, fully, in writing, and under oath. You should deliver a true copy of your answers to the and rsigned attorney within thirty days after the date of service of these interrogatories. To the ex nt that may be required by the applicable rules of procedure and evidence you are hereby notifie that Plaintiff intends to use any and all answers to the attached interrogatories as evidence at tri4l or any other hearing in this case. Please note that if after you submit your responses to these interrogatories, you learn that any such response was either ingomplete when made, or, although complete and correct when made, is no longer complete and correct, you must amend or supplement your response reasonably promptly after you d?scover the necessity for such an amendment or supplementation. Any amended or supplemental tesponse made less than thirty days before trial will be presumed not to have been made reasonably promptly. A failure to make, amend, or supplement a response in a timely manner may result in your not being able to introduce into evidence the material or information not timely disclosed. 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 havi g used the Card, identify any persons whom Defendant believes may have used the Card and stag whether each such person was authorized by Defendant to use the Card. 4. If Defendant denies havi#g received monthly statements of charges and the balance due on the account from Issuer until t least the Charge-Off date, state the factual basis of any such denial. 5. If Defendant denies havi g accepted each advance on the Card, whether as cash or as payment for purchases, identify Oach advance or charge on the Card that Defendant disputes. 6. If Defendant disputes the balance being sought in this matter, state the balance that Defendant believes to have been Pe on the Account as of the Charge-Off date and explain how such balance was calculated. 1 7. If Defendant contends o believes payments were made towards this account subsequent to the Charge-Off date that are t reflected in the suit balance, state the date and amount of each such payment. i I 8. If Defendant contends or believes the charges comprising the Account are unreasonable then, with regard to each charge omprismg the Account which Defendant contends or believes to be unreasonable, state the fac 1 basis for this opinion. i 9. If Defendant contends orlbelieves that the debt that is the subject of this suit is the obligation of any person or enti other than Defendant, identify such other persons or entities and state the factual basis for thi contention or belief. i 10. If Defendant contends or believes Plaintiff is not the current owner of this account, state the factual basis for this contention or belief. 11. Identify all persons other than rebuttal or i be anticipated before trial, and, and the opinions of each such X you intend to call as witnesses at trial, expert or otherwise, witnesses the necessity of whose testimony cannot reasonably here applicable, state each such person's anticipated testimony son concerning the subject matter of this litigation. 12. Identify all persons whos mental impressions or opinions have been reviewed by any person whom you may call as an expert witness at trial. Regarding Requests for Production As to each Request for and delivered to the undersign for inspecting, copying or phol apply to all described documer custody, or control, and produc of these requests. All original c Defendant within thirty days f( Privileged Documents: l you are to provide a log of such author, and the specific privileg lost, discarded, or destroyed, information in your response: 1. Description of do 2. Date of disposal 3. Manner of loss; 4. Reason for dispo 5. Person authorizir 6. Persons having k 7. Person disposing produced in response to this oduction set forth below, the requested items are to be produced attorney at 520 Fellowship Road C306, Mount Laurel, NJ 08054 ,raphing pursuant to Pa.R.C.P. 4009.1 et seq.. These requests and tangible things over which Defendant has possession, )n is to be made within thirty-five days after the date of service ;uments produced and identified as such shall be returned to )wing receipt thereof. you withhold any documents based upon a claim of privilege locuments, listing them by date, title (or description if untitled), asserted. i Documents: If any document requested herein has been identify such document by providing the following loss; I or explanation of loss; disposal; wledge of disposal or loss; document. ;arings and Trial: You are hereby notified that all documents will be used in any pretrial proceeding and at trial. UESTS FOR PRODUCTION 1. Please produce all correspondence between Issuer and Defendant, along with proof of sending and receipt of such, incl' ding, but not limited to, the following: a. Credit card statements; b. Balance disputes ' r individual transaction disputes; C. Customer service correspondence; d. Post-Charge-Off 0orrespondence. 2. Please produce Defendant's checking account records for the six month period beginning four months prior to the Last Pay Date and ending one month after the Last Pay Date. 3. Please produce true copiols of all payments made on the Account. 4. If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entit I other than Defendant, please produce the documents on which any such contention or belief is ased. 5. With regard to each person you may call as a witness at trial, expert or otherwise, please produce the following: a. The person's resume or curriculum vitae; b. Any notes reviewed by or pertaining to an expert's opinion; c. Any reports reviewed by or pertaining to an expert's opinion; d. All documents anmaterials reviewed or relied upon by any such person or expert in preparing any such report; e. All correspondence between you or your attorneys and each such person or expert. 6. Please produce all correspondence between Plaintiff (or any of its attorneys) and Defendant (or any of Defendant's attorneys). 7. Please produce all witness statements pertaining to this litigation. APOTI3,?KER & ASSOCIATES, P.C. ATTORNEYS AT LAW July 29, 2010 LUCIA J ROI 5205 WERTZVILLE RD ENOLA, PA 17025-1260 RE: CURRENT CRED TOR: DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC YOUR CLIENT: LUCIA ROI DOCKET NO.: 10-3571 OUR FILE NO.: 262377 DEAR MRS. ROI: Please be advised that your client's answers to Discovery are now overdue. Please forward said answers to our office within ten (1 ) days of the date of this correspondence. If we do not receive same within that time we will proceed accordingly. Very truly yours, APOTHAKER & ASSOCIATES, P.C. Kimberly F. Scian, Esquire /TF 520 F Ilowship Road, C306, Mount Laurel, NJ 08054 856 780.1000 856 780.1020f 215 634.8920 215 634.8421f 800 672.0215 800 757.4928f DISCOVER Nevy Balance Minimum Payment Due 54,937.67 $99.00 CARD Payment Due Date October 19, 2009 24 SDSNWI 0000828 LUCIA ROI 5205 WERTZVILLE RD ENOLA PA 17025-12601 Account Number ending in 7083 Enter Amount Enclosed Below Please make check payable to Discover Card or pay online 0 Discovercard.com. Will your payment get to us on time? Pay your b'?!1 online and your payment can be made to your account on 1fe same day. Visit Discover.com/payntents, today. PO BOX 71084 IIInnllsem,slelmlulslull CHARLOTTE NC 28272-1084 Addraw, "ail or telephone change? Print change in space 1nIIIIAIIr1.11111111111111111111111111111111111n1n1111111 above, or go to Diseover.com. Print ur e-mail address to receive important Account information and special offers. 0000019864589150 0417049376700000000009900 Discover More Card Account Summary Closing Date: September 24, 2009 page 1 of 1 Account number ending in 7083 Previous Mane* $5,019.69 Paynwrt Due Dais October 9, 2009 Payments And Credits 99.00 Minimum Payment Due $99.00 Purchases + 0.00 i Credit limit $5,500. Cash Advances + 0.00 ' Credit Avaikable $0.00 Balance Transfers + 0.00 Cash Credit Limit $2,800. fiance Charges + 16.98 i Cash Credit Available $0.00 New Balance = $4,937.67 You may be able to avoid Periodic Finance Charges, see the reverse side for details. i Cashbatk BOnus® Opening Coshback Bonus Balance New Cashbock Bonus This Period Cashback Bonus Bdance Cashback $onus®-Annivesory Date: December 2d $ 10.50 + 0.00 $ 10.50 We Y Loll X11 Help How ? Visit . Visit Dncowr cent to pay yaw bill for no cast, view your latest Account information, earn and redeem rewards and more It's your choice - 3 ways help 2. Cal 1-SOO4DISCOVER (347--2683) for fast, easy s4service Please have your Discover Card avoi bb. options or to speak Wdh a Customer Service Account Manager 3. Writ us at Discover Card PO Box 30943 for TDD (assistance for hewing impoin ed) see reverse side , , Sak Lake City, UT 84130 Transactions $0 Fra Liability Guarantee Use your Discover Card with confidence. Trans. Dais Post Dab Payments and Credih Sep 19 ------------ Sep 19 PHONE PAYMENT - THANK YOU $ -99.00 i i Finance Charge Summary ! Nominal Transaction A Daily ?? ANNUAL Periodic Fee r ? rc IMAGE PERCENTAGE it ATM GiUM CHOW current billing period: 31 days Purchases $1486 14 0.01093% 3.99% F 3.99% $5.04 $0 Cash Advances $3522 .62 0.01093% 399% F 3.99% $11.94 $0 The rates that apply to your Account a?e either fixed fl or they may vary M as noted above. II i i Irrh?ortaat hdonrwllon. If there Is more than page to this billing atatanen; see the back of each page for additional Important Information. See Vow Cardmen*w AgrcemewL Your ber Agreement contahls all the terms or your Account rn Lost or Men arN. Report Immediately! Call 1 OS-847-ZSSS. E r. IC CCe a Error:W,wa AOM Your t it th r t fW ft or If r rrtre Lo us an a s at?04zt Lake F0• as sIon about oon a vaa tf an 6me erto r ar pn aphone ef BEEN, s0 It iNUME erraa•pput a error and expiaih H yougqcuubelleue there Issaan errnoor. If you need more Information, describe theltuerm you are unsure Wation? While me your a ?rreow nYOU ldeifhque tr o or? take? ary?o to cbll6ct tlpku amount vo you M. not in ? wA and nauh r? r we ov „iMtiai %ft Me ?t h1 a siasatisan home ?°r",cradit c ardless o? Cu nt or location atle. r4 r It we mailed you ortA ces, al Pur ses are cavere?d ffivour, us e an of ti? leot m Y is p tM wi ? a Tram aur the Smou Aff. ccoufh as soon as the safe wMe d a?L I mr N 1W" your of hfr Int be H send deuce or Han,s Wywr t to pt a or s «,. r.... ii 610 ? Ury. ?L l t mktgte OR? TrA_ Date for the JM _ M oft 1110L eppoww19 on me (undo[ nmmg 30 MTIOM vita cui mis me -grace period.- Thera is no grace period'an batarlCEWn Qi Or Casty IMw %* 1 c e you minimum FINANCE CHARGE of $.50 for any billing period In which Periodic Finance Charges or al I billed vdMIn ?S mcftna ? date I atetanatt on idl lbts fee . Youns ro(uIW e Uw. w to r dprd M P MWq r fors nt4a °'ca° rar s Met, an asaa angoty°f ?O X00 e tweed on* I (Ave rage Dally Balance) times (days In billing period) times (Daily Periodic Rate). reT« to the U °_! s an _bUNr?r for theeamou- frtt) bD?a1aNrtyoeu? ? ?o 0 oaa?vu?sFeel,,?f Uie graach ce r? ? A??ageaM U+e° RMP= toi ice a° ...?_ .. _ f!?gtD' b1C N+ M a_ a _ a rrnBZel.. For TOO (Teiseemr?rwa"" - Devi" for the assistance, pteae fall I-M-347-7448. The Dist Card 19 Inumd by rikmw frame h- cnhr YOUR DISCOVER CARD ACCOUNT CARDMEMBER AGREEMENT ............................ Pages 1-13 g The terms and conditions of your Account, includin how we calculate finance charges, our fees and an Arbitration of Disputes section. You have the right to reject the arbitration provision with respect o your new Account within 30 days after receiving your Carat, 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, en 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 1647 Important information about your rights and our res onsibilities under the Fair Credit Billing Act DESCRIPTION OF COVERAGE ......................... Pages 18-25 The terms and conditions of the Scheduled Air Trav el 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. i GLOBAL TRAVELER'S HOTLINE ............................. ge 25 The terms and conditions of this free travel assistar ce benefit. 02009 Discover Bank, Member FDIC TL21 .0509 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 Ag ant 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 11 includ 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 rbitration of Disputes section. DEFINITIONS 2 USING YOUR ACCOUNT 2 Your Acceptance of this Agreement ................................................... ...... 2 Permitted Uses of Your Account .........................................................1. ...... 2 Prohibited Uses of Your Account ......................................................... ...... 3 Purchases and Cash Advances in Foreign Currencies ....................... ...... 3 Cash Advances .................................................................................... ........ 3 Balance Transfers ................................................................................ ...... 3 Credit Authorizations ...........................................................................?. ...... 3 Authorized Users ................................................................................:. ...... 3 Unauthorized Use ................................................................................ ...... 3 Your Credit Lines ................................................................................. ...... 4 MAKING PAYMENTS to Pay..................................................................................! 4 Mo*y Biting Statement ....................................................................t ...... 4 Monthly Payment Options ....................................................................t ...... 4 Automatic Billing Arrangements ........................................................... ...... 5 How We Apply Payments .................................................................... ........ 5 Minimum Monthly Payment .... .............................................................j. ..... 5 Sldp-A-Payrnent Offers ........... ................................ .............................'. ..... 5 Credit Balances ......................................................... .............. ............. ?. ..... 5 FINANCE CHARGES .................................................. ...............................{. ....... 5 How We Calculate Periodic Finance Charges ...................................... ....... 5 Haw We Calculate Your Balances ....................................................... :. ..... 6 Variable or Faced Interest Rates ........................................................... ..... 7 Default Rate ......................................................................................... ..... 7 Cash Advance Transaction Fee Finance Charges ............................... ..... 7 Balance Transfer Transaction Fee Finance Charges.. ........................ ..... 8 Foreign Currency Transaction Fee Finance Charges .......................... ....... 8 Minimum Finance Charge .................................................................... ..... 8 FEES ............................................................................................................ ..... 8 Annual Fee ............................................................................................ ....... 8 Late Fee ................................................................................................. .... 8 Overlimit Fee ........................................................................................... ...... 8 Returned Payment Fee ............................................................................... 8 Returned Discover Card Check Fee ........................................................... 9 Pay-Whone Fee ............................................................................. .......... 9 Research Fee ..................................................................................... ........ 9 DEFAULT AND CANCELLATION ............................................................1 ........ 9 Types of Default .................................................................................f .......... 9 Consequences of Default .................................................................. : ........ 9 Cancellation ....................................................................................... .......... 9 PRIVACY AND OUR COMMUNICATIONS IMTH YOU .......................... .......... 9 Our Privary Policy .............................................................................. .......... 9 Reporting to Credit Reporting Agencies ............................................ ........ 9 Our Communications with You .......................................................... ...... 10 Releasing Infonnation About Your Account ....................................... ...... 10 Electronic Notices to You ................................................................... ...... 10 Notices - Changes to Your Information ............................................. ' ...... 10 CLAIMS AND DISPUTES ........................................................................ ........10 Merchant Disputes ............................................................................. ........10 Clam Notices ..................... -.................................. ............................ .... ....10 Arbitration of Disputes ........................................................................: ........11 Right to Reject Arbitration .................................. LEGAL INTERPRETATION OF THIS AGREEMENT ..............................1 ........13 Severability ........................................................................................ j ........13 Compliance with Interest Rate limitations ......................................... 13 Governing Law ...................................................................................$ .......13 ASSIGNMENT OF ACCOUNT ..................................................................E .......13 CHANGES TO THIS AGREEMENT .........................................................1 .......13 DEFINITIONS "Account" means your Discover Card Account. "Authorized User" means any person whom you authorize to use your Account or a Cana, whether you notify us or not. "Card" means any one or more Discover Cards issued to you or else with your authorization. "Pricing Schedule" means the document accompanying your Card arK listing the Finance Charge rates that apply to your Account. The Pricing Schedule is part of this Agreement. ..We,,, "us" and "our' referto Discover Bank, the issuer of your Card. "You," "your" or "yours" refer to, in addition to you, the Cardmember, y 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 Ct t you or an Authorized User, or your failure to cancel you Accamt within 30 days after receiving a Card, means you accept this Agreement, incuding the Arbitration of Disputes section on page 1 i may, however, reject the Arbitration of Disputes section as explained on page 12. Permitted Uses of Your Account Your Account may be used for. Purchases - to purchase or lease goods or services from participating ants by presenting your Card or Aocaunt number or by using promotional checks, which we may furnish to you, in accordance with such additional terms and conditions as we may offer it rm time to time. Cash Advances - to obtain cash advances from participating automated n ler machines, financial institutions or other locations, the purchase of lottery tickets, racetrack wagers, vouchers redeemable d for cash or for casino chips, money orders, traveler's checks, savings bo , foreign currency and wire transfers, or by means of checks which we may fumish to you, all in accordance with such additional temps and conditions as we may offer from time to time. Balance Transfers - to transfer balanoes from other creditors or to make ?her transactions by means of balance transfer coupons or checks, in accordance with such additional terms and conditions as we may offer from tine to time. In addition, your Account may be used to guarantee reservations at partio-impatng establishments. You will be liable for guaranteed reservat s that are not canceled prior to the time specified by the establishment. Your Account maybe used for personal, family, household and charitable purposes. Prohibited Uses of Your Account Your Account may not be used to n loans 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 Transactionsl. Purchases and Cash Advances in Foreign Currencies. If you make a xtrichase or cash advance in a foreign currency, it will be converted to U.S. dollars using either a government-nhahdated rate, a govemment-published rate or the interbank exchange rate, depending on a 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 Clemency Transaction Fee Finance arges section on page 8. Cash Advances. We may periodically offer you special rates on cash 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 expira ion 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 a 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 Fib Charge for each balance transfer made during the term of the offer, as disclosed in the offer and as set forth in the Priding Schedule, if applicable. After the expiation of this time period, the Annual ercentage Rate that applies for purchases will apply to trans-ferred balances. Balance transfers subject to the initial special rate are referred to as special rate balance transfers; balance transfers for which the initial special rate has expired are referred to as purchase rate balance transfers. Each offer will contain an expiration date. 9 you attempt to transfer balarijoes 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 auUprizat prior to completion. In some cases, you may be asked to provide identification. We have the right not to authorize a transaction for security or other reasons. Also, K our authorization system is not g, we may not be able to authorize a transaction. We will not be liable to you it any of these events happen. Authorized Users. If you want to cancel the authority of a current User to use your Account or a Card, you must nutty us and destroy any Card in that person's possession. You can notify us by telephoning 1400-DISCOVER (1-800.347-2683), or by writing D' cover Card, PO Box 30943, Sal Lace City, UT 84130.0943. None of your rights under this Agreement (other than to pay amounts owed) may be exercised by any person not a party to this acting pursuant to a power of attorney, without our separate written agreement (which we are not obligated to give). Unauthorized Use. Prior to its use, each Card must be signed by the person to whom it is issued. If a Card is lost or stolen, or'rf you think that someone is using your Account or a Card without your permission, notify us immediately. You can notify us by elephoning 1400-DISCOVER (1-800-347-2683), or by writing Discover' Card, PO Box 30943, Sal Lake City, UT 84130- 0943. You agree to assist us in determining the fads relating to any heft or possible unauthorized use of your Account or a Card and to comply with such procedures as we may require in connection with our invest-igation. Your Credit Lines. We will advise you of your Account credit line. We impose a louver line that will apply to cash advances, referred to as the cash advance credit line. We may also impose a lower line that will apply to balance transfers, referred to as the balance trap credit line. You agree not to allow your unpaid balance, including Finance Charges and fees, to exceed your Account credit line. If you exceed your Account credit line, we may request immediate paym Nit of the amount by which you exceed your Account credit Ire. We may increase or decrease your Account credit line, your cash adva credit line or your balance transfer credit line without notice. The credit available for your use may, from time to time, be less than your Account credit line. For purposes of determining your available credit, we reserve the right to postpone for up to 15 business days reducing your unpaid balances by the amount of any payment that we receive. Your avail-able credit will not be increased by amount of any credit balance. MAKING PAYMENTS Promise to Pay. You agree to pay us in U.S. dollars for all purchases, advances and balance transfers nduding applicable Finance Charges and other charges or fees, incurred by you or anyone you authorize or permit to use your Account or a Card, even it you don notify us that others are using your Account or a Card. 9 you pay us in other than U.S. dollars, we may refuse to accept the payment or charge your Account our cost to convert your payment to U.S . dollars. All checks must be drawn on funds on deposit in the U.S. You may not use a cash advance deck, balance transfer check or coupon, or any other promotional check drawn on any Discovell Bank credit card account to make payments on your Account. If your Account is a joint Account, each of you agrees to be liable individually and jointly for the entire amount owed on your Account . We n accept late payments or partial payments or checks and money orders marked "payment in full" or with any other restrictive endorsement without losing any of our rights under this greement Monthly Billing Statement We will send you a billing statement after a billing statement will show all purchases, cash advances, balance transh period. It will show your New Balance, Payment Due Date and Minimum Payment Due may be higher than shown on your billing statement. See I Monthly Payment Options. You may at any time pay the entire New B. Minimum Monthly Payment section. All payments must be made in acco Account in accord-ance with those terms. In addition, we reserve the rigt Automatic Billing Arrangements. If your Account number andlor Card provide your new Account information to that merchant. To ensure unintc directly if you do not wish to continue the automatic billing arrangement. How We Apply Payments. Wt, will appy 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. F with lower Annual Percentage Rates, such as when there are two initial s Rate. 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 Finance Charges and other charges or fees and all payments or other credits posted to your Account during the billing yment Due as of the end of the billing period. If your prior month's payment is returned unpaid, your required Minimum Minimum Monthly Payment section on page 5. ce shown on your billing statement, but each month you must pay at least the Minimum Payment Due as described in the nee with the terns, including the payment cutoff time, stated on your monthly billing statement, and we will credit your change those terms wi0out prior notice as permitted by law. ,Am date changes and our records indicate you have automatic billing established with a merchant, we will attempt to pled 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 appli-cable to the balance of each Ay from lowest to highest begin-nig with the balance su*d to the lowest Annual Per-centage Rate. We then apply ever, we have the right to apply payments and credits to balances with higher Annual Percentage Rates prior to balances iaf rates applicable to your Account and the lower Annual Percentage Rate will expire before the higher Annual Percentage Minimum Monthly Payment The Minimum Payment Due each month 11 be the greater of: • the New Balance it it is less than $15; • $15 if the New Balance is $15 or more; or i • any past due amount plus the greater of j 2% of the New Balance (excluding current Periodic Finance Charges, current Periodic Finance Charges plus Late and Overiimit Fees plus $15 We may also include some or all the amnouumt by which you exceed your P increase your Minimum Payment Due to a maximum of 4% of the New B Minimum Payment Due will never exceed the New Balance. Paying the h not avoid the imposition of an additional Overfinit Fee described in the Om Skip-A-Payment Offers. We may from time to time allow you to not mak make a minimum monthly payment, finance charges and any applicable f folowig billing periods. Credit Balances. We will refund any credit balance within seven busines than $1 that remain in your Account after 6 months. FINANCE CHARGES and Ovedimit Fees) rounded up to the nearest dollar or iot to exceed 30/6 of the New Balance) rounded up to the nearest dollar. count credit W. If more than 90% of your New Balance consists of specakate balance transfers, we may, at our discretlon, ance if it would otherwise be less than that. We may subtract certain fees to calculate the Mini-rrxmm Payment Due. The nimum Payment Due may be insufficient to bring your Account balance below your Account credit line and, consequently, may dhit Fee section. a minimum monthly payment and will notify you when this option is available. If you take advantage of this offer and do not es will accrue on your Account in accordance with this Agreement and you must pay the Minimum Payment Due for the days from receipt of your written request. If you do not request a refund, we will auto-maiticaly refired credit balances greater How We Calculate Periodic Finance Charges. We begin to impose P c 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 x4iod in which it occurs, in which case we begin to impose Periodic Finance Charges on that transaction from the first day of the billing period in which it is posted to your Account. We continue to imp se Periodic Finance Charges until the date you pay your entire New Balance, by making payments or receiving credits. However, if you paid the New Balance on your previous biting staterent the Payment Due Date shown on that billing statement and you pay the New Balance by the Payment Due Date on your current billing statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases first appearing on the current billing statement. We call this the "grace period." There is no grace period on balance transfers or cash advances. We sort your transactions into groups of purchases, cash advances, and balance transfers and then further sort the transactions within each gawp by their Annual Percentage Rate. For example, purchases subject to a promotional rate and purchases subject to a star rd rate would be separate groups. We refer to these groups as transaction categories. At the end of each billing period, we compute balances and Periodic Finance Charges fa each day of the bil rig period for each transaction category. We use the following equation to compute Periodic Finance Charges fa each transaction category: (Average Daily Balance) tunes (days in billing period) tines (Daily Periodic Rate). (You may refer to the finance charge summary on your billing statement for these mounts.) Then we add up the Periodic Finance Charges fo each transaction category to get the total Periodic Finance Charges for your Account. The Average Daily Balance is showr as zero W, because of the grace period, no Periodic Finance Charges apply to the balance in a tran&Odion category. How We Calculate Your Balances. We use the Average Daily Balam (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. We compute the Average Daly Balance for each transaction category by adding up the daily balances in a billing period for a transaction category and dividing the total by the number of days in the billing period. We compute the daily balance fo each transaction category on each by fast adding the following to the previous days daily balance: transactions with a Transaction Date of that day as shown on your billing statement, unless the transactions posted to your Account ter the dose of the billing period in which it occurs, in which case the transaction will be added to the daily balance as of the first day of the billing period in which it is posted to your Account, fees that day and Periodic Finance Charges accrued on the previous days daily balance; and by then subtracting any credits and payments that are applied against the balance of the transaction categoi that day. In calculating the daily balance for the first day of the billing period, we consider the "previous days daily balance" to have been your balance for each transaction category on the last day your previous billing period. All fees charged to your Account are added to the standard purchase trans-action category with the exception of Cash Advance Transaction F trans-action category and Balance Transfer Transaction Fee Finance Cl unpaid balance of the balance transfer and the Balance Transfer Transa under the Default Rate section, we leave the unpaid balance of the balar until the special rate would have expired. Variable or Fixed Interest Rates. The Daly Periodic Rate and correspc Pricing Schedule or in any special offers you receive from us. The Daily I adding a specified number of percentage points to the Pane Rate. This highest rate of interest listed as the "prime rate" in the Money Rates sect represent the lowest or best interest rate available to a borrow at any b 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 (h; advances to a variable rate equal to the Prim Rate + up to 27.99°A, but cash advances will end and the Default Rate may apply. The maximum I • 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 Percentage Rate fo purchases was increased under this or any prevbu occur, then your Annual Percentage Rate for your new purchases will be your Annual Percentage Rate for your existing purchase balance may be reduced Annual Percentage Rates on new and existing purchases may I tenth billing period, a Default Rate will apply. Cash Advance Transaction Fee Finance Charges. Unless otherwise of each new cash advance with a minimum Cash Advance Transaction F result in an Annual Percentage Rate for cash advances that is higher tha purpose for which used, are subject to Cash Advance Transaction Fee F Transaction Fee Finance Charges fa the billing period charged under thi transaction category and add up these amounts. Balance Transfer Transaction Fee Finance Charges. If the balance to Transaction Fee Finance Charge for the amount of each balance trarsk received when you applied for an Account, il will be in the amount set fort Percentage Rate for balance transfers that is higher than the nominal Anr Transfer Trans-action Fee Finance Charges calculated under the Periodi Foreign Currency Transaction Fee Finance Charges. We will charge foreign currency. The imposition of Foreign Currency Transaction Fee Fir To obtain the total Finance Charge on purchases for each billing period, u Finance Charges calculated under the Periodic Finance Charges section Minimum Finance Charge. We will diarge you a minimum FINANCE CI FEES e Finance Charges which are added to the applicable cash advance Yges which are added to the applicable balance transfer transaction category. When the special rate expres, we move the hon Fee Finance Charges to the standard purchase transaction category. However, K the special rate has been terminated ce transfer and the Balance Transfer Transaction Fee Finance Charges in the applicable balance transfer transaction category ding Annual Percentage Rate that apply to each transaction category are either fixed rates or variable rates as set forth in your mclic Rate is 1 r" of the corresponding Annual Percentage Rate. Variable Annual Percentage Rates are determined by shown on the Pricing Schedule as "Prime + (percentage points)." For purposes of this Agreement, the Prime Rate is the n of The Waft Sheet Joumal on the last business day of the month. The Prime Rate is merely a pricing index and does not hk at any given time. If you have a variable rate, your Annual Percentage Rate will increase or decrease when the Prime Rate Iling period that begins during the same month as the change in the Prime Rate. An increase in the Annual Percentage Rate "Default Rate Event), we may increase the standard Annual Percentage Rates for purchases, balance transfers and cash uch rate will never exceed 29.995/6 (the "Default Rate). At the same time, any special rates on purchases, balance transfers or efault Rate which would currently apply is set forth in your Pricing Schedule. We will base your Default Rate on factors such as: A in which we did not receive at least the Minimum Payment Due by the Payment Due Date. If your standard Annual version of the Default Rate section arid, for any nine consecutive billing periods thereafter another Default Rate Event does not 'educed to a lesser variable rate which may be higher than your previous standard Amual Percentage Rate for purchases and reduced to a lesser variable rate which may be higher than your previous standard Annual Percentage Rate for purchases. Any e different and will apply beginning with the first day of your tenth billing period. However, I a Default Rate Event occurs in the ecfied in a cash advance offer, we will charge you a Cash Advance Transaction Fee FINANCE CHARGE of 3% of the amount e FINANCE CHARGE of $5 and no maximum. The imposition of Cash Advance Transaction Fee Finance Charges may the nominal Annual Percentage Rate. All forms of cash advances, including the use of Discover Card checks, regardless of the ance Charges. To obtain the total Finance Charge on cash advances for each billing period we add any Cash Advance section to army Periodic Finance Charges calculated under the Periodic Finance Charges section for each cash advance sfer offer you receive contains a Balance Transfer Trau-action Fee Finance Charge, we will charge you a Balance Transfer made under that offer. ff 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 ual Percentage Rate. To obtain the total Finance Charge on balance transfers fo each billing period, we add any Balance Finance Charges section for each balance transfer transaction category and add up these amounts. w a Foreign Currency Transaction Fee FINANCE CHARGE of 2% of the U.S. dollar amount of each purchase made in a mce Charges may result in an Annual Percentage Rate for purchases that is higher than the nominal Annual Percentage Rate. e add any Foreign Currency Transaction Fee Finance Charges for the billing period charged under this section to any Periodic or each purchase transaction category and add up these amounts. LARGE 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 law. Late Fee. We will charge you a Late Fee if you have failed, as of the Payr t Due Date, to make the Minimum Payment Due that was required to be paid fo that billing period. The amount of the Late Fee is based on the sum of all outstanding purchases, cash advances, b 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 th an $250, the fee is $39. Ovedimk Fee. We will charge you an Ovedimlt Fee each time that, as of the close of a billing period, your outstanding Account balance exceeds your Account credit line. This fee may be charged even I the transaction which causes you to exceed your Account credit line is authorized by us or I you exceed your Account credit line due to the posting of Finance Charges or fees to your Account. The amount of the Overtimit Fee is based on the sum of all outstanding purct ases, cash advances, balance transfers, other charges, other fees and Finance Charges at the end of the billing period. If the sun is equal to or less than $500 and you exceed your credit lire, the 0 inlt Fee is $15. t the sum is greater than $500 and you exceed your credit fine, the Overtimit Fee is $39. Returned Payment Fee. We will charge you a Returned Payment Fee f $35 each time you pay us with a check or other instrument that is returned unpaid. This fee will also apply (a debit transaction to a deposit account from which you have authorized us in writing, eleft nically or orally to periodically deduct all or a part of an amount you owe us under this Agreement is returned unpaid. We will charge you this fee the first time any payment is returned unpaid, even d i is paid upon resubmission. Returned Discover Card Check Fee. We will charge you a Retumed stover Card Check Fee of $35 each fine 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 by authorizing us over the telephone to transfer or pay funds from a deposit account to your Account. M 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 coM of a tilling statement or sales slip that you request. However, we will not charge a fee if you request copies in connection with a billing error. DEFAULT AND CANCELLATION Types of Default You are in default if you become insolvent; if you file bankruptcy petition or have one filed against you; I we have a reasonable belief that you are unable or unwilling to repay your obligations to us; if you are declared incompetent by a court or I a court ppoirts a guardian for you or a conservator for your assets; if you die; if you fail to comply with the terms of this Agreement, including failing to make a required payment when due, exceeding your, nt credit line or using your Card or Account for a Prohibited Transaction; or if fail to make a bred you required payment when due on any other account you have with us. Consequences of Default If you are in default, we may declare the balance of your Account immediately due and payable without notice. V we refer the collection of yourAccouht to an attorney or employ an attorney to represent us with regard to recovery of money that an 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 can-nedion with any appeal- may delay enforcing or not enforce any of our rights under this Agreement **W losing or waiving any ofthem. Cancellation. You may cancel your Account by notifying us in writing or telephhone and returning or destroying every Card and unused check that we have provided you. You can notiy us by telephoning 1-800-DISCOVER (1X347-2683), or by writing Discover ;ard, PO Box 30943, Sal Lake City, UT 84130-M. Of course, you will still be responsible to pay any amount you owe us according to the term of this Agreement. If you Account is a joint Accou it, either Cardmember may cancel the Account, but you will both remain responsible to pay any amount owed to us according to the temps of this Agreement. We may cancel or suspend your Account any time without notice. We may choose not to renew your Account (beyond the expiration date shown on the face of a Card) without notice. You must return any Card or unused checks to us upon n quest. PRIVACY AND OUR COMMUNICATIONS WITH YOU Our Privacy Policy. We may from time to time review your credit, em and income records. We respect the privacy of information about you and your Account. Our Privacy Policy includes a summary of the personal infor-mation we collect, when it may be shared, vith others, how we safeguard the confidentiality and security of information and the steps you may take to limit our sharing of such hfomiation with others. Please read it carefully as it is part of your ardmember Agreement. Reporting to Credit Reporting Agencies. As indicated in our Privacy olicy, we may report to credit reporting agencies and other creditors the status and payment history of your Aocouit, including negative credit information. Late payments, missed payments or other aids on your Account may be reflected in your credit report. We normally report to such credit reporting agencies each month. A you believe that our report of your Account status is inaccurate or hoom e, please write us at the following address: Discover Card, PO Box 15316, Wilmington, DE 19850.5316. Please include you name, address, home telephone number and Account number. Our Communications with You. Our personnel may listen to or record a calls between you and our representatives without additional notice to you as Y permitted by law. We may use any medium, including but not limited to mad, live telephone calls, automated lephohe equorhent, 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 148004XSCOVER (1-800.347-2683) or write to us at Discover Card, PO Box 30961, Sat Lake City, UT 841304961. Releasing Information About Your Account V* provide various by which you can obtain information about your Account. We will only release such information to you, any Author4ed User that our records indicate is an authorized buyer on your Account and any other person with you prior permission, n addition to as pro-vided in our Privacy Policy or as required by law. Our security measures cannot insure against unauthorized inquiries. You agree that will not be responsible for the release of information to anyone who, even N with-out your authorization or permission, has gained possession of a Card or has learned other identifying characteristi about you such as your per-sonal identification number, Account number or social security number. Electronic Notices to You. We may offer you the opportunity to receive in notices from us eleatror i ally rallw than through the mail, including monthly billing statements and change of terms notice;. The temps and conditions for receiving these electronic com mun' :ations will be described in the offer. Notices - Changes to Your Information. If you change your e-mail add , mailing address or telephone number you must notiy us of your new address or telephone number within 15 days. You can notify us by telephoning 1 X00-DISCOVER (14800-347-2683) or by ' ig Discover Card, PO Box 30943, Sat Lake City, UT 84130-0943.9 you Account is a Joint Account, any notice we mail to an address you have provided for the Account will serve as notice to both Cardmermbers. CLAIMS AND DISPUTES Merchant Disputes. We are not responsible for the refusal of anyone to or honor a Card or to accept checks that we have provided you. If a merchant fails to provide your purchase to your satisfaction and you request a credit to your Account, we will investigate dispute. If we resolve the dispute in your favor, we will issue a credit to your Account and you will be deemed to have assigned to us your claim against the merchant and/or any third party for credited amount. Upon our request, you agree to provide us with written evidence of such assignment. Claim Notices. In the event that you or we have a dam 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 enforce-ability of the Agreement or any prix agreement, before init' , joining or participating in any judicial or arbitration procee ft, as either an individual litigant or member of a class ("Proceeding'), the complaining party shall give the other party: (1) a notice of the claim ("Clain Notice"), at least 15 days before initiating any Proceeding, explaining in reasonable detail the nature of the clam and any supixxting facts; and (2) a reasonable good ith opportunity to resolve the claim without the necessity of a Proceeding. This indudes any claims involving our parent corporation, subsidiaries, affiliates (including, with-out limitation, DFS Serv ices LLC), predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities. Any Clain Notice shall be sent to us at Discover Card, PO Box 3024, New AI y, OH 43054 (or such other address as we shall subsequently provide to you) (the "Claim Notice Address's or to you at your address appearing in our records or, fi you are represented by counsel, to your attorney at your attorneys office. Arbitration of Disputes. Agreement to ad*ate. In the event of any past, sent or future claim or dispute (whether based upon contract, tort, statute, common law or equity) between you and us arising from or relating to your Account, any prior account you have had us, your application, the relationships which result from you Account or the enforosabiliy, or scope of this arbitration provision, of the Agreement or of any prior agreement, you or we may a to resolve the dah or dispute by binding arbitration. IF EITHER YOU OR WE ELECT ARBITRATION, NEITHER YOU NOR VVE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDMEMBERS 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 MW. Notwithstanding anything else to the contrary in this arbitration provision only a court, and not an arbitrator, shall deter-mine the validity and effect of the Class Action Waiver. Even it all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to ny claim made by a new party or any new clans later asserted in that lawsuit and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision. We will not invoke our right to arbitrate an individual claim you bring in small claims court or your state's equivalent court, if any, unless such action is transferred, removed or appealed to a different court. Goveming Law and Rules. Your Account involves interstate commerce ind th is provision shall be governed by the Federal Arbitration Act (FAA). The arbi-Uation shall be conducted, at the option of whoever ties the arbitration claim, by either the American Arbitration Association (AAA) the National Arbitration Forum (NAF) in accordance with their procedures in effect when the claim is filed. For a copy of their procedures, to file a claim or for other information, contact AAA at 335 aison Ave., Floor 10, New York, NY 10017-5905, dtpl w.adr. (phone b800-778-7879) or NAF at PO Box 50191, Minneapolis, MN 55405 (phone 1-000.474-2371). No other arbitration forum will be ifted, except as agreed to pursuant to either the Changes to this Agreement section or a write both 9 st9? by parties. Unless consented to by all parties, no arbitration may be administered by any inistrator that has any formal or informal policy, rule or pro-0edure that is inconsistent with or purports to override the tams of this section. If we elect to resolve a claim or dispute by binding ar"i and the arbitrator issues an award in your favor on a dais or claims with respect to which you would not otherwise be entitled to recover your arbitration filing, administrative and hearing fees, reasons attorneys' fees ancVor other arbitration costs, we will be responsible for paying or reimbursing such costs and fees if awarded by the arbitrator. Fees and Costs. At your written request, we will advance any arbitration 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 art, by applicable law. Hearings and Dedsions. Any arbitration hearing will take place in the fec and applicable stables of limitations and shall honor clans of privilege r were pending in court. If requested by any party, the arbitrator shall write under the FAA and except that it the amount in controversy exceeds $1( applicable law provides otherwise, the appealing party will pay the cost c charged by the arbitration administrator and the arbitrators in connection OfherBerefidaries of bs Provision. Our rights and obligations under thi withal limitation, DFS Services LLC), predecessors, successors, assign named as a cb-defendant with us or with any of the foregoing in a claim and be binding upon all persons contractually liable under this Agreemer Survival of this Provision. This arbitration provision shag survive termi-na bankruptcy by you and any sale by us of your Account. administrative and hearing fees which you would be required to of Lake City, UT 84130-0421. The arbitrator will decide who will ultirratey be responsible for paying those fees. You will only be or hearing fees to the extent you would have been responsible for paying 'attomeys' 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 fal judicial district where you reside. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA cognized at law and shall be authorized to award all remedies permitted by the substantive laws that would apply it the action in opinion containing the reasons for the award. The arbitra tars decision will be final and binding except for any appeal rights 1,000, any party may appeal the award within 30 days to a three-arbitrator panel, which shall review the award de now. Unless the appeal, regardless of its outcome. However, we will consider in good faith any reasonable request for us to bear the fees & 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. on of your Account as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, any Right to Reject Arbitration. You may reject the Arbitration of Dispu is section by providing us a notice of rejection within 30 days after receiving a Card, at the following address: Discover Card, PO Box 30938, Saft Lake City, UT 84130-0938. If you were pevi sy subject to arbitration with respect to any account with us, this right to reject arbitration will not apply to you. Your rejection notice must nckrde your name, address, telephone number, Account nui ber and signature and must not be sent with any other correspondence. Calling us to indicate that you reject the Arbitration of Disputes section or sending a rejection notice in a manner or format that Joes not campy with all applicable requirements is insufficient notice. In order to process your notice, we require that the notice be provided by you directly and not through a third party. Rejection of will not affect your other rights or responsibig6es under this Agreement or your obligation to arbitrate disputes under any other account as to which you and we have agreed to arbitrate disputes. you do not send a rejection notice, you will be obligated by the Arbitration of Disputes section with respect to this and any prior account you have had with us, even if you have previously sent a notice with respect to that prior account. LEGAL INTERPRETATION OF THIS AGREEMENT Severability, 9 any part of this Agreement becomes unenforceable, it wil not make any other part unenforceable, except that if the Class Action Waiver set forth above in the Arbitration of Disputes section is invalidated in any proceeding in which you and we are involved, than the Arbitration of Disputes section will be void with respect to that proceeding. Compliance with Interest Rate Limitations. We intend that this Agreen ad will comply with applicable interest rate limitations. You will not be required to pay Finance Charges or other charges at a rate that is greater than the maximum amount permitted by law. If it is eve finally determined that, but for this section, the Finance Charges or other charges under this Agreement would exceed the maximum lawful amount, the Finance Charges and other charges will be neduced to the maximum lawful amount. Any excess amount that you have already paid will be used to reduce the outstanding balance of your Account or wig be refunded to you by means of a check i our discretion. Governing Law. This Agreement and any claim or dispute arising o of this Agreement will be governed by applicable federal law and, to the extent state law applies, Delaware law. ASSIGNMENT OF ACCOUNT V* may sell, assign or transfer your Account or any portion thereof withorjt notice to you. You may not sell, assign or transfer your Account with-out first obtaining our prior written consent. CHANGES TO THIS AGREEMENT We may change any term or part of this Agreement, including, but n t limited to, any finance charge rate, fee or method of computing any balance upon which the finance charge rate is assessed or add any new term or part to this Agreement If required law we will send you a notice at least 15 days before the change is to become effective. We may apply any such change to the outstanding balance of your Account on the effective 40 of the change and to new charges made after that date. You may be offered the opportunity to reject some of the changes, and if you do, you must notify us in writing within 15 days fter the mailing of the notice of change at the address provided in the notice of change, in which case your Account will be closed and you must pay us the balance that you owe us and r the existing terms of the unchanged Agreement Otherwise, you will have agreed to the changes in the notice. Use of your Account after the effective data of the change will be deem acceptance of the new terms as of such effective date, even if you pre-viously notified us that you did not agree to the change. We may also change any term of any product, service or benefit offe}ed in connection with your Account We will notify you as required by law or by the terms of the product, service or benefit PRIVACY POLICY We are required by federal law to provide you with a copy of our Privacy Policy each year. If you have previously notified us about your privacy preferences, as described in Section 4, it is not necessary to do so again unless you decide to change your preferences. We Respect Your Privacy Our mission is to provide you with superior products and services, along the peace of mind knowing that the security of your personal information is our top priority. We understand your concerns about guarding information about you and your Account. We want to assure that we have taken steps, and will continue to take steps, to safeguard that infanration. This Privacy Policy describes our efforts to meet these objectives. it ind ides a summary of the following important information: A listing of the personal information we collect; The circumstances in which we may share information with others; The ways we safeguard the confidentiality and security of infornationi and i The steps you may take to limit our sharing of such information with others. See Section 4 for complete details. Please read our Privacy Policy carefully. it wit help you understand how we collect and share information. 1. What Personal Information Do We Collect? To serve you better and manage our business, it is important that we co led 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 rep( g agencies, and from otter sources, such as our Web sites. For example: We may obtain information such as your name, address and date of b4 from applications and other forms you submit to us. We may obtain information such as Account balances, payment history, (your use of your Account and the types of services you prefer from your transactions and other dealings with us and others. Wh may obtain information such as the balances of your loans with othe? lenders and your payment history w8h others from consumer reporting agencies. We may obtain information such as your Internet service provider, your -mail address, your computer's operating system and Web browser, your Web site use and your product and service preferences from your visits to lllkb sites. 2. Is Personal Information Shared with Others? We limit the sharing of information with others. Many of the offers you for products and services are provided directly to you from us. For example, a retailer that accepts the Discover Card may cone to us with a special offer for Cardmembers, such as a discount oer ificate or product upgrade. After careful consideration of the nature of the offer and the company, we will create a list of Cardmembers who may be interested in the offer based an certain dw. ics. We will send the offer directly to those Cardmernbers on behalf of the retailer by, for example, including an insert in their monthly billing statement or mailing the offer ourselves. We control information used to make the offer, we do not share the list or any information about our Cardmembers with the retailer. However, please understand that if you do receive this type of offer from and choose to take advantage of it, the retailer may then learn information about you because only Cardrnembers with certain characteristics received the offer . There are, however, cicumstances in which we may share the informiatir in we collect about you, as described in Section 1, with other companies in order to provide you with access to products and services and to service your Account effectively, as detailed below. We recluina 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 approval. a. Sharing Personal Information MM Our Corporate Famdy Our corporate family offers a variety of products and services that can the?p you manage your finances. In order to provide you with access to these products and services, we may share the ihfamation we collect abed you, as described n Section 1, with other members of r corporate family. These companies include financial service providers that offer credit protection, card servicing and payment processing services. b. Sharing Personallnformabon MM Non Affiliated Parties for Ma*efing Purposes We may share the information we collect about you, as described in Se* 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 corpanies that may be value to you. These companies include financial service providers, such as insurance companies, and non financial companies, such as retailers. i Sharing Personal Information MM Ofrs We may share the imfomnabon we celled about you, as described in Section 1, with corrparhies that perform support or marketing services on our behalf, such as rnaikg, market research and data processing; other financial institutions with which we have joint marim" agreements; companies that are our partners for co-brand credit card programs or reward programs. Wine may also share such imforrmation as permitted by law. 3. How Do We Protect the Confidentiality, Security and Integrity of Info adon about You? We maintain physical, electronic and procedural safeguards to protect the information we coiled about you. Access to such information is restricted to individuals who need it in order to service your Account or provide products and services to you, and who are trained in t proper handling of such information. Employees who violate these confidential' process. Where third parties provide support services, we require them to conform to our privacy standards. subject to our disciplinary R is important that the information we maintain about you is accurate and ariplete. If you see information in your monthly billing statements or elsewhere which suggests that our hbTriation is irxanplete or inaccurate, please write to us at Discover Card, PO Box 30943, Saft Lake City, UT 841304M3 so that we can update this information. 4. How Can You Limit Sharing of Information About You? We respect your privacy and offer you dam as to whetherwe may shade information abort you with others. You have the option to tell us not to share the information we collect about you, as described in Section 1, with non-affiliated third parties. You also have the option to tell u? not to share the information we collect about you, as described in Section 1, with eanpanies in our corporate family. If you indicate a preference for either of these options, please understand that you may rdl receive offers for prndmxls and services provided by other companies that could help you lower your costs, maximoe yo r finarcial resources or manage your fnanoes. i To indicate your preferences, please call us at 1 00-225-5202 or . to Discover Card, PO Box 30%1, Salt Lake City, UT 64130-0961. If you have previously notified us about your privacy preferences, it is not necessary to do so again unless you Jecide to change your preferences. Your written request should include your name, address, telephone number and Account number(s) and should not be sent with any other correspondence. In on ier to process your request, we require that the request be provided by you directly and not through a third party. You will need to provide us with your preferwoes for each credit card account you have mth us. You may notify us about your preferences at any time. Your request will remain in effect until you notify us otherwise. We will honor your request and not share this information except as permitted by law. For example, federal law permits us to share information abort you we consumer reporting agencies, service providers and financial institutions with which we have joint marketing agreements. 9 you are a new Carcirember, we will not share any information about , except as permitted by law, for thirty days after we provide this Poky to you in order to give you an opportunity to inform us about your preferences. 9 you are an existing Cardmember, please undarstand that you may continue to mceceive marketing offers directly from other companies that were already in production prior to the processing of your request. This Privacy Policy is provided to the primary Cardmember listed on the nt. However, any joint Cardmemher has the *it to notify us about preferences and we will treat that request as applying to the entire Amount We do not share information about former cost except as permitted by law. This notification supersedes all previously issued Privacy Poises. We reserve the right to amend this Privacy Policy from time to time and we will notify you t we do so. This Privacy Policy is provided to you by Discover Bank and its subsidia family of Discover Cards for consumers and the products and services c information registered in connection with the service, which will not be 9 may have other rights under state laws that apply to this information. Pk products and services provided to you by us and our affiliates. You will r Vermont Residents - Your state law requires fnancal institutions to of tolled about you with non-affiliated third parties or companies in our oa California Residents - Your state law requires financial institutions to c share information we tolled about you with nonaffiliated third parties W Your Billing Rights which currently include GTC Insurance Agency, Inc. and Discover Products Inc. Unless otherwise specified, it applies to the A in connection with those Cards, including the Wallet Protection card registration service (with the exception of any d). It is part of your Cardmember Agreement and provides a further explanation of how we collect and share information. You note that you will also receive privacy notices for other credit card accounts you have with us, as well as other financial indicate your prefemrices for each of these separately as disclosed in the notice. your consent prior to sharing information about you with others. Except as permitted by law, we will rat share information we to family unless you call us at 1 800-DISCOVER (1-80Q347-2683) and authorize us to do so. n your consent prior to sharing information about you with non-affiliated third parties. Except as permitted by law, we will not you are a resident of California. KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our rer4 sibilities under the Fai Credit Billing Act. 1. Notify Us in Case of Errors or Questions About Your Bill If you think your bill is wrap or t you need more intimation about a Ira salon 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, sent the first bill on which the ena or you 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 enor. describe the error and explain, t you can, why you believe there is an ern If you have authorized us to pay your credit card bill automatically from letter must reach us three business days before the automatic paymen Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have carted After we receive your letter, we cannot try to collect any amount you qua apply any unpaid amount against your Account credit lint. You do not he question. If 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 k If you fail 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 abou has been settled between us when it finally is. If we don't follow these ruk 3. Special Rule for Credit Card Purchases If you have a problem with the quality of goods or services that you punch the remaining amount due on the goods or services. There are two limtfal (a) You must have made the purchase in your home state or, t not within you (b) the purchase price must have been more than $50. If you need more information, describe the item you are not sure about. ur savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your scheduled to occur. the error 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 continue 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 inane charges related to any questioned amount. If we didn't make a mistake, you may have to pay the finance charges, and you 1 her case, we will send you a statement of the amount you owe and the date that it is due. delinquent. However, if our explanation does not satisfy you and you write us within ten days telling us that you still refuse to your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter we can't collect the first $50 of the questioned amount, even f your all was correct. with a credit card, and you tried in good faith to cared the problem with the mmerdhart, 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 if we own or operate the merchant 0 if we mailed you the advertisement for the goods or services. 4. Purchases Made wdh Checks or Cash Advances The Special Rule for Credit Card Purchases does rat apply to purchases made with a balance transfer check, cash advance or promotional purchase check. Therefore, if you have a problem with the quality of goods or services that you purchased with a balance transfer check, promotional purchase check, cash advance check or the proceeds of a cash advance, you do not have the right to withhold payment of the amount due. DESCRIPTION OF COVERAGE SCHEDULED AIR TRAVEL ACCIDENT INSURANCE Discover Card-members are provided with $500,000 Scheduled Al T I Accident Insurance.' You, your Spouse, Domestic Partner or eligible Dependent Children for whom a ticket was purchased on your Card (as defined below) will be automatically insured against I Loss of Life arising from and occurring on a Covered Trip while you, your Spouse, Domestic Pait ner or eligible Dependent Children for whom a ticket was purchased on your Card are iding as a passenger in or entering, exiting or being struck by a Scheduled Aircraft or a conveyance operated by a military transport service or riding as a passenger in or entering or exiting any eyance licensed to carry the pubic for a fee and while traveling directly to or from the airport imiedimatey priming the departure of a Scheduled Aircraft on which the Insured Person has purr passage and immediately foiowing the arrival of a Schedule AFcraft on which the Insured Person was a passenger. 'Coverage is underwritten by Federal Insurance Company, a member ir 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 for Acci 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 hart of insurance will be divided proportionally among the Insured Persons, based on each applicable Be riefit Amount. In the event of multiple Accidental deaths perAabuurt arising from any one Accident, the Company's liability for all such Losses will be limited to a maximum limit of insurance equal to two 'mes the applicable Benefit Amount for Loss of Life. Benefits will be proportionately divided among the Insured Persons up to the maxirxum limit of insurance. DEFINITIONS: Accident or Accidental means a sudden, unforeseen and unexpected means bodily injury which is Accidental, i Account means a Card account. Benefit Amount means the Loss amount at the time the entire cost of 0 QW means the Discover Card. S'ardmembcc means the holler of the Card whose name appears on th Company means the Federal Insurance Company. Covered Top means travel on a Scheduled Aircraft when the entire cos Insured Person's Account. Dependent Child or Children means those children, incccluding adopted support and who are: (1) under the age of 19 and reside with the Insurec age of 25 and classified as full-time students at an institution of higher le Domestic Partner means a person who: (1) is at least 18 years of age a Person for at least one year prior to the date of enrolment; (4) is not legs arrangements: (a) a jolt mortgage or lease; (b) a joint bank acownt; (c) with a financial institution. Neither the Insured Person nor the Domestic F dUaW means the covered circumstances for which this insurance's prop Desaiptan of Coverage. Insured Person means all Cardmembers, their spouses, Domestic Part LM means the Loss of Life. Loss ofd means death, including clinical death determined by the b Policyholder means DFS Services LLC, the entity responsible for the I Scheduled Aircraft means an aircraft owned andlor operated by a Sc Scheduled Airline means an airline which is either of United States rec approved by the United States government and the appropriate foreign Wu means hostilities following a declaration of War by a government a open and continuous hostilities between two factions, each in control of DISAPPEARANCE BENEFITS: If the Insured Person has not been fou which the Insured Person was covered as an occupant, it will be assure EXPOSURE BENEFITS: Accident includes unavoidable exposure to el ELIGIBILITY: This insurance plan is provided to Insured Persons auto insurance is effective. it is not necessary for you to notify the Policyholc EFFECTIVE DATES: Your insurance under this insurance plan is etfed Cam. Your insurance coverage under this insurance plan will c COST: This insurance plan is provided at no additional cost to eligible Ir THE BENEFICIARY: The Loss of Life benefit will be paid to the benefic following order: a) your spouse; b) your children; c) your parents d) your request a beneficiary designation form by writing to the plan adrnihistrah EXCLUSIONS: This insurance plan does not cover Loss resulting from: Policyholder or any aircraft owned, leased or operated by an employee charter basis), (2) an accident while an Insured Person is in, entering or temporarily perform INS or crew functions in a life threatening emergerx bodily malfunctions (except bacterial infection caused by an Accident or self-inflicted; or (5) declared or undeclared War. CLAIM NOTICE: Written claim notice must be given to the Company will within 90 days will not invalidate or reduce any otherwise valid claim I nc CLAIM FORMS: When the Company receives notice of a claim, the Con Company a written description of the Loss. CLAIM PROOF OF LOSS: Complete proof of Loss must be given to Cc -vent happening by chance, and includes unavoidable exposure to elements arising from a covered Hazard. the died source of a Loss, is independent of disease, illness or other cause and occurs while this policy is in force. e passenger fare is charged to an Account. - credit card. of the passenger fare for such transportation, less redeemable certificates, vouchers or coupons, has been charged to the children and those children placed for adoption, who are primtany dependent upon the Insured Person for maintenance and Person; (2) beyond the age of 19, permanently mentally or physically challenged and incapable of self support; or (3) under the competent to enter into a contract; (2) is not related to the Insured Person by blood; (3) has exclusively lived with the Insured named or sepa-rated; and (5) as of the date of enrolknert, has with the Insured Person at least two of the following financial it title to or ownership of a motor vehicle or stahus as a joint lessee on a motor vehicle lease; or (d) a joint credit card account ner can be married to, nor in a civil union with, anyone else. d as stated in Section III of the Declarations, Hazards, and described in the Hazards form, as described on page 1 of this and Dependent Children, as well as authorized users of the Account. governing medical authorities. nent of premium. sled Airline. y and certified by the United States government to tarty passengers on a regularly scheduled basis or of foreign register and only. If there is no declaration of War, then (1) arrned, open and continuous hostilities between two countries or (2) armed, story, or claiming jurisdiction over the site of the area of hostility. within one year of the disappearance, stranding, sinking, wrecking or breakdown of any Scheduled Aircraft or conveyance in subject to all other temps of the policy, that the Insured Person has suffered Loss of Life covered under this policy. arising from a covered Hazard. tmIly when the entire cost of the passenger fare(s) on a Scheduled Airline is charged to the Cardmernber's Account while the or the Company when Scheduled Airline tickets are purchased. e on the later of 1) April 1, 2007; or 2) the date you became an eligible rse on the earlier of. (1) the date the insurance coverage is terminated; or (2) the date you cease to be an eligible Cardmember. ured Persons for Covered Trips. Policyholder pays the full cost of the insurance. y designated by you. 9 no such designation has been made, that benefit will be paid to the fret surviving beneficiary in the ethers and sisters, e) your estate. All other indemnities will be paid to you. If you wish to change your beneficiary, you may at: The Direct Marketing Group, Inc., 13265 Bedford Avenue, Omaha, NE 68164 or at BenekWyeqjest@TheDkectMG.com. ) 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 citing any aircraft while acing or training as a pilot or crew member (this exclusion does not apply to passengers who r, (3) emotional trauma, mental or physical ilness, disease, pregnancy, childbirth or miscarriage, bacterial or vial infection, or )m Accidental consumption of a substance contaminated by bacteria); (4) suicide, attempted suicide or Loss that is intentionally 90 days after the occurrence of any Loss covered by this policy or as soon as reasonably possible. Failure to give notice is given as soon as reasonably possible. ny will send you forms for giving proof of Loss to us within 15 days. If you do not receive the form, you should send the within 90 days after the date of Loss, or as soon as reasonably possible. Failure to give complete proof of Loss within these time Games will not invalidate any otherwise valid dam ft notice is given as soon as reasonably possible and in no event later than one year after the deadline to submit complete proof of Loss. CLAIM PAYMENT: The Company will pay you or your beneficiary the applicable Benefit Amount within 60 days after complete proof of Loss is received and if you, the Policyholder and/or the beneficiary have complied with all the terns of the policy. ARBITRATION: In the event of a dispute under this policy, either the Coin-pany or the Insured Person may make a written did fa arbitration. In that case, the Company and the Insured Person will each select an arbfia-tor. The two arbitrators will select a third. If they *ot agree within 15 days, either the Company or the Insured Person may request that the choice of arbitrator be submitted to the American Arbitration Association. The arbitration will be held in the sf$e of the Insured Person's principal residence. IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL' You can also go to the Company Web site (Ipptpp, dick on Report a Loss, select Accident, Benefits and Life dams, select the appro-primate forth, print out the claim forth, fill out and mail. You can fie Mailing Address: CHUBB GROUP OF INSURANCE COh CLAIMS SERVICE CENTER 600 INDEPENDENCE PARKWAY PO BOX 4700 CHESAPEAKE, VA 23327-4700 Fax Number. 1800-300-2536 CLAIMS SERVICE CENTER AT 1400-CLAJMS-0 (1400.252-4670). dale by mail or fax. As a handy reference guide, please read this and keep it in a safe place your other insurance documents. This description of ooverage is not a contract of insurance but is a summary of the principal provisions of the insurance while in effect. Complete policy sans are contained in the Master Policy, which can be obtained from the Policyholder. Policy #9906-18-06 Policy Underwritten By Plan Administrator Federal Insurance Company The Died Marketing Grou , Inc. a member insurer of the 13265 Bedford Aven Chubb Group of Insurance Companies Omaha, NE 66164 15 Mountain View Road, PO Box 1615 Warren, NJ 07061-1651 DESCRIPTION OF COVERAGE SECONDARY RENTAL CAR COLLISION COVERAGE Disoovee Cardmembers can benefit from the security and safety offered through Excess Collision Damage Waver. If you rent a vehicle for 31 consecutive days or less (or 45 days under certain circumstances described below) with your Card (as defined below), you be eligible for benefits under this coverage. Excess Collision Damage Waiver is an insurance program, underwritten by Federal Insurance Company Policy # 9906-17-63 (the 'Policy). DEFINITIONS: Account means a Card account. Actual Cash Value means the cost to repair or replace the Rented Auto-mobile at the time of loss, less depreciation. Cardmember means the holier of the Card whose name appears on tin CW means the Discover Card. Collision,Darnaae means the direct and accidental damage to a Rerde objects, fire, theft or larceny, explosion, earthquake, windstorm, hail, wat any means the Federal Insurance Company. WPIMW means Cardrmbers and authorized users of the Account. Policyhold means DFS Services LLC, the entity responsible for the p Ran y means a commercial automobile rental company icensr Rene Aye means a four-wheeled private passenger type mat passengers. A Rented Automobile must be designed for travel on public TO GET COVERAGE: credit card. domobile caused by upset or collision with another object. Collision Damage does not include loss caused by missiles, falling flood, malicious mischief or vandalism, rat or civil commotion. ment of premium. under the laws of the applicable jurisdiction. vehicle or a minivan manufactured and designed to transport a maximum of seven passengers and used excursively to tarty ads and rented from Rental Agency. The Collision Damage Waiver Coverage is provided to you, as an Insured, automatically when the entire rental fee for the Rented Automobile is charged or debited to your Account. It is not necessary for you to notify the Company at the time the rental fee is charged or debited your Account. You must decline the Loss/Damage Waiver offered by the vehicle Rental Agency. You must rent the vehicle in your own name and sign the vehicle rental contract. The coverage period will not exceed 31 consecutive days, or 45 consecxrtive days ft the Insured is an employee of an organization which as pro-vided a Card to the Insured for business use. THE KIND OF COVERAGE YOU RECEIVE: In consideration of the premium paid by the Policyholder as required, and bject to all the terms of the Policy, the Company agrees to reimburse on an Actual Cash Value basis either the Insured or the Rental Agency for repair or replacement of the Rented Automobile as a ft of Collision Damage to the Rented Automobile. The Company's liability will be fa a maximum reimbursement of $25,000. In no event will the Company be liable beyond the amounts actually paid the Insured 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 Cardrnnembers EXCLUDED RENTAL VEHICLES: payments for a covered loss, Excess Collision Damage Waiver will Dover 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 0114oad, antique or limited edition motor vehicles; tucks; recreational veh , carnpers, pickup trucks, and mnnFbuses; limited edition motor vehicles or high value, exotic, high performance or collector type. High value motor vehicles are motor vehicles whose replacement va exceeds $50,000, and antique motor vehicles are defined as any vehicle over 25 years old, or any vehicle which has not been manufactured for 10 years or more. WHERE YOU ARE COVERED: Coverage apples to vehicles rented in the United States and Canada only. Coverage is not available where prohibited by law. WHAT IS WI 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 n • Use of the Rented Automobile to carry passengers and property for htr Use of the Rented Automobile by a person other than the one author-¢e Loss of use of the Rented Automobile. Intentional damage to the Rented Automobile by the Insured. the loss occurred, or under the influence of any narcotic unless prescribed by a physician. to operate the Rented Automobile by the term of the Rental Agreement. Damage which is due and confined to wear and tear, freezing, mechani-dal or electrical breakdown or failure. Damage to ties 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 prohibi FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS: To the extent that this plan provides insurance against damage to a rerttr days, or 45 consecutive days i the Insured is an employee of an organiz over any other valid and collectible insurance covering the Rented Auto and if the following criteria is met: (a) the Rented Automobile is rented for provided the Card to the Insured for business use; and (c) the Rented Au, HOW TO FILE A CLAIM UNDER EXCESS COLLISION DAMAGE WA In the event of a chain, written or verbal notice must be provided as soon IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL T You can also go to the Company Web site (dppgpy, ,g?J), click on Repot claim by mail or fax. Malting Address: CHUBB GROUP OF INSURANCE COMI CLAIMS SERVICE CENTER 600 INDEPENDENCE PARKWAY PO BOX 4700 CHESAPEAKE, VA 23327-4700 Fax Number. 1-800-30Q2538 CLAIM PROCEDURE: by the terms of the Rental Agreement. motor vehicle, the following term and conditions apply: (1) the period of insurance coverage will not exceed 31 consecutive on which has provided the card to the Insured for business use; and (2) the insurance provided by this plan will be excess bile. However, the insurance provided under this plan may be primary if specifically provided fa under the terms of this plan se outside the United States, its territories and possessions; (b) the Insured is an employee of an organization which has mobile is rented without a driver. as reasonably possible. fE CLAIMS SERVICE CENTER AT 1400-CLAIMS-0 (1-800-2524670). a Lass, select Accident, Benefgs and Lie claims, select the appropriate form, print out the claim form, fig out and mail. You can file a The Insured must send the Company written notice of a claim, including * insured's name and Policy number, within 90 days after a covered loss occurs. 9 notice cannot be given within that time, it must be given as soon as reasonably possible. To file a sworn Proof of Ljss, the Insured must send the following information to the Company or its authorized representative: A copy of the Account statement showing the automobile rental transactich. A copy of the automobile rental agreement. • A copy of the police report. A copy of the initial claim repot submitted to the automobile Rental A copy of the paid claim presented by the automobile Rental Agenky for Collision Damage for Mich the Insured is responsible. Proof of submission of the loss to, and the results of any settlement or d If no other insurance is applicable, a notarized statement from the Insum Reminder. Please refer to the Insurance Disclosures section. INSURANCE DISCLOSURES As a handy reference guide, please read this dooxnent and keep it in a informative state-rnent to eligible Insureds of the principal provisions of tt DFS Services LLC, herein referred to as the Policyholder. if a statement Policy Underwritten By Plan Administrator Federal Insurance Company ("Company") The Direct Marketing Gnx a member of the 13265 Bedford Aveni 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 effect. place with your other insurance doaxnerb. This Summary of Cover-age is not a contract of insurance but is simply an Durance while in effect. Complete provisions pertaining to this plan of insurance are contained in the master policy on file with s 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 mom 4 1 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 ch not to renew the insurance coverage for all authorized Cardrmembers. If Policyholder does cancel these benefits, you will be notified at least 60 days in advance. If the Company terminates, cancels , or chooses not to renew the coverage to Policyholder, you will be notified as soon as is practicable, Insurance benefits will still apply for any benefits you were eligible for prior to the date of such termi nations, cancellation or non-renewal, subject to the terms and conditions of coverage. Benefits to you: These benefits amply only to Cardrernbers whose car ds are issued by U.S. financial institutions. The United States is defined as the 50 United States, the District of Columbia, American Samoa, Puerto Rico, Guam and the U.S. Virgin Islands. No or entity other than the Card- nernber shall have any legal or equitable right, remedy, or claim r insurance proceeds ahdlor damages under or arising out of this coverage. These benefits do not apply if your Cana privileges have been cancelled. However, insurance benefits will still apply for any benefit you were eligible for prior to the date that your Account is suspended or cancelled subject to the terms and conditions of coverage of your Cardmermber Agreement. Transfer of rights or benefits: No rights or benefits provided under tie se insurance benefits may be assigned without the prior written consent of the Company. Misrepresentation and Fraud: Coverage of the Insured will be void f, ; it any time, the Insured has concealed or misrepresented any material fact or circumstance concerning coverage or the subject thereof or the interest of the Insured herein, or in case of any ft * or false swearing by the Insured relating thereto. Coverage for an Insured will be void If, whedner before or after a loss, the Policyholder or its subscribing aWization(s) has concealed or me therein, or in case of any fraud or false swearing by the Policyholder or organiza-tion(s) relating hereto. Addition of New Insureds: All eligible persons will be automatically in Examination Under Oath: It is a condition of this insurance that the In others to submit, to examinations under oath and will produce for exar reasonable time and place as may be designated by the Company or examination of documents or any other act of the Company, its empk such ads shall be deemed to have been made or done without prejuc No Benefit to Others: This coverage will in no way inure directly or i Subrogation: It is a condition of this insurance that if the Company Ix or corporation for such loss to the Company or subrogate or hold in to enforce such rights. Upon payment by the Company to the Insured, th any recovery to the extent payment of loss has been made by the Cor Arbitration: In the event of a dispute under this policy, either the Corr arbitrator. The two arbi-tra-tors will select a third. if they cannot agree within 15 days, eith The arbitration will be held in the state of the Insured's principal reside GLOBAL TRAVELER'S HOTLINE TERMS AND CONO The Global Traveler's Hotline provides Cardmembers and their learn more. Eligibility. You must be a Cardmember whose Account is in good sh Card-member or an Authorized User of an Account in good standing. Third-Party Charges. Global Traveler's Hotline is not insurance, so) Availability of Services. Certain services may not be available in all Outside the U.S., call us collect at 1-801-902-3100. While AXA Assis affiliates will be liable if a service is not provided or for any services th pre-sented any material fact or circumstance concerning this coverage or the subject thereof or the interest of the Insured subscribing ed under this Policy. ed and the Policyholder, as often as may be reasonably required by the Company, will submit, and within as power cause atan all writings, books of account, bills, invoices and other vouchers, or certified copes thereof f originals are lost, at such representative, and will permit extracts and copies thereof to be made. No such examination under oath, es or representatives in connection with the investigation of any loss or claim will be deemed a waiver of any defense and to the Company's liability. to the benefit of any insurer, person or organization or other bailee. s the Insured for a loss, it will require the Insured to assign and transfer any claim or right of action against any individual, firth t all such rights to the extent of the amount paid. The Insured will agree to take action as requested by the Company to Insured agrees to direct enfonxment of such rights as reasonably requested by the Company and to return to the Company or the Insured may make a written demand for arbitration. In that case, the Company and the Insured will each select an the Company or the Insured may request that the choice of arbitrator be submitted to the American Arbitration Association. wide range of free travel assistance benefits. it is operated by AXA Assistance USA, Inc. Visit Discovercard.corrAravel to the Cardmember's spouse or dependent child traveling with the will be responsible for all third-party fees and expenses for services requested, such as professional or medical fees. as. Call us at 1-8004ASCOVER (1-800-347-2683) for assistance or hf you have questions about a specific destination. ce will make every reasonable effort to provide the services, neither AXA Assistance nor Discover Bank or our respective are provided by third parties. The services and these terms and conditions are subject to change without notice. CA/AL Our File No.: 262377 DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC ) ?? R Plaintiff ) NO.: 10-3571 3 = Vs. ) xf A -c r-- - L am LUCIA J ROI -<A -S , --4c:) Defendant "? c-> x• zl:-n PRAECIPE FOR LISTING CASE FOR ARGUMENT 71 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. 1. Matter to be Argued: Plaintiff's Motion for Summary Judgment 1. Counsel who will argue cases: Apothaker & Associates, P.C. Attorneys for Plaintiff 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 LUCIA J ROL Pro Se 5205 WERTZVILLE RD ENOLA, PA 17025-1260 2. I will notify all parties in writing within two days that this case has been listed for argument. 3. Argument Court Date: , BY: Dated: April 29, 2011 jamin . av llaro, Esquire Att ev for Plaintiff 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. Our file No.: 262377 Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff DISCOVER BANK BY ITS SERVICING ) AGENT DFS SERVICES LLC ) Plaintiff, ) vs. ) LUCIA J ROI ) Defendant. ) - E 0 t NON"01;,( E fv1 ry }/ L 1? ? 1 SEE - 9 111 ??• ?j t !-'!INIERLAND COUNT PEIINS YLVANI,q COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-3571 Civil Action STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on May 17, 2011, STIPULATED by and between DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC ("Plaintiff") and LUCIA J ROI ("Defendant"), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $5,071.73, plus court costs in the amount of $133.50, for a total of $5,205.23. 2. Defendant agrees to pay to Plaintiff the sum of $4,191.00; which sum Plaintiff agrees to accept in full settlement of its claim herein. 3. As of this date, payments totaling $0.00 have been applied to the aforementioned sum. 4. Defendant shall remit payment(s) in the following manner: a. $2,500.00 to be paid on or before May 27, 2011; b. $338.20 to be paid on or before the 27`h day of each month, beginning June 27, 2011 through October 27, 2011. 5. All checks shall be made payable to "DISCOVER BANK BY ITS SERVICING AGENT DFS SERVICES LLC", and sent to the office of Plaintiff's attorney. Apothaker & Associates. P.C.. located at the following address: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation and the default is not cured within ten (10) days, then Plaintiff shall be entitled to obtain the entry of Judgment against Defendant in the suit amount, plus court costs, as specified in paragraph one (1) of this stipulation less any sums paid pursuant to this Stipulation, upon ex parte application, with supporting certification, and with notice to Defendant in the form of a copy of the application addressed to Defendant by first-class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. B amin J. aQ,_Esquirt A ey ID# 307949 ?thaker & Associates, P.C. Attorneys for Plaintiff c By: LU AJROI Defendant 2 Our File No.: 262377 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff DISCOVER BANK,BY ITS SERVICING AGENT DFS SERVICES LLC ?t r V ! 7 r 1 I} L.' t. ?. !.?I :ta,PE RL,4?N0 C0UN'T COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. NO. 10-3571 LUCIA J ROI Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER rAk S OCIATES, P.C. Aorn f r Plaintiff A Law Firm Engage in Debt Collection By: David J. Ap ker, Esquire Dated: 11 /8/2011 111111111111111111111111111111I