HomeMy WebLinkAbout10-7877Stock & Grimes, LLP
By: EDWARD STOCK, ESQUIRE
I.D.# 13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK
12 Reads Way
New Casltlle, DE 19720
VS.
LISA J. BARNHARDT
24 Mallard Court
Mechanicsburg, PA 17055-4365
Attorney for Plaintiff
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CUMBERLAND COUNTY c
CIVIL ACTION - LAW
CIVIL ACTION COMPLAINT
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND
AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING SPAGES,
COMPLAINT YOUAMUST
ND
TAKE ACTION WITHIN TWENTY (20) DAYS AFTER APPEARANCE
NOTICE.. ARE SERVED, BY EI?TTE G FILING IN?W?'I'IN W? ?
PERSONALLY OR BY AN ATTORNEY
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 R NMAY BE OTICE OR ANY
AGAINST YOU BY THE COURT WITHOUT FUR
MONEY CLAIMED IN THE COMPLAINT R YOFOR U ANY MAY OTLOSE HERMONEY OR
RELIEF REQUESTED BY THE PLAINTIFF.
PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. ONCE. IF
YOU SHOULD TAKE THIS PAPER TO YOUR ? OVA GO TO THE
YOU DO NOT HAVE A LAWYER OR
TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108 ?I
717-249-3166
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STOCK & GRIMES, LLP
BY: EDWARD STOCK, ESQUIRE
I.D. #13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
Attorney for Plaintiff
DISCOVER BANK
12 Reads Way
New Castle, DE 19720
Plaintiff
VS.
LISA J. BARNHARDT
24 Mallard Court
Mechanicsburg, PA 17055-4365
Defendant(s)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION-LAW
NO.
CIVIL ACTION COMPLAINT
COUNT I
1. Plaintiff, Discover Bank, is a banking institution
organized under the laws of the State of Delaware and maintains a
business address of 12 Reads Way, New Castle, DE 19720.
2. Plaintiff is engaged in interstate commerce and is
subject to various federal laws and federal banking regulations;
and, Plaintiff does not conduct business within the Commonwealth
of Pennsylvania within the meaning of any statutes and/or
regulations pertaining to foreign corporations.
3. Discover Bank is the issuer and owner of the
Discover credit cards which are issued to consumers pursuant to
an extension of credit agreement with them.
4. DFS Services, LLC is affiliated with and is the
1
servicing agent for the Discover credit card accounts for
Discover Bank. It creates and maintains all of the records
in connection with all of the activities and/or transactions
regarding the Discover accounts, which records are maintained by
DFS Services, LLC in the ordinary course of its business. DFS
Services, LLC is authorized to execute the Affidavit attached
hereto as Exhibit "A".
5. The Defendant, Lisa J. Barnhardt, is an adult individual
residing at the address contained in the above caption.
6. At the special instance and request of the
Defendant, and relying on information received from the
Defendant, the Plaintiff issued a Discover credit card to
the Defendant so that the Defendant could make purchases
from various merchants who were authorized to accept the
credit card from the Defendant in lieu of payment by the
Defendant to the merchants.
7. The Defendant received the physical credit card
issued by the Plaintiff, together with a Cardmember Agreement
(extension of credit agreement), which agreement contains the
terms and conditions governing the use of the credit card between
the parties hereto. Plaintiff attaches hereto as Exhibit "B" a
true and correct copy of the said Cardmember Agreement.
8. Thereafter, on sundry and various occasions, the
Defendant, pursuant to the extension of credit agreement, used
the credit card for purchases and/or other forms of credit, which
4
credit and its terms are governed by the Cardmember Agreement
attached hereto as Exhibit "B".
9. The Defendant ratified the terms and conditions
of the Cardmember Agreement each and every time they
utilized the Discover credit card, as well as by continuing
to make payments to the Plaintiff after receiving monthly
statements summarizing the activities and/or transactions on
the account.
10. Plaintiff believes, and therefore avers, that
the Defendant's last payment in regard to their obligation
was processed on July 28, 2010, as a result thereof, the
Defendant is in breach of their obligation to the Plaintiff in
accordance with the Cardmember Agreement; and as a result thereof,
the obligation of the Defendant to satisfy the entire balance in
regard to the credit card account became accelerated.
11. Plaintiff attaches hereto as Exhibit "C" a true
and correct copy of the last monthly statement of the account issued
to the Defendant.
12. The present outstanding balance which is due on
the credit account is $17,659.25; and, although repeated
requests and demands have been made upon the Defendant by the
Plaintiff to satisfy the balance, the Defendant is still in breach
of the agreement and have failed to repay the account balance and
debt due the Plaintiff.
13. In addition to the balance on the account as
indicated above, the Plaintiff has incurred additional
damages for attorney fees and costs and request payment of the same
by the Defendant pursuant to the terms of the Cardmember Agreement.
14. Plaintiff, through its counsel's investigation,
has determined that the Defendant is not in the military service.
15. THIS COMMUNICATION OF PLAINTIFF'S COUNSEL IS FROM
A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
WHEREFORE, Plaintiff, Discover Bank, demands
Judgment against the Defendant, Lisa J. Barnhardt, in the sum of
$17,659.25, plus reasonable attorney fees, costs and pre-judgment
interest in accordance with law.
COUNT II
16. Plaintiff incorporates by reference, all of the foregoing
averments of this Civil Action Complaint, as though the same were
more fully set forth in length herein.
17. Defendant by the use of the Discover credit card
and the extension of credit received the benefit of the same which
was given on the said credit account and has failed to make payment
for the receipt of the said benefit.
18. As a direct result of the receipt of the benefit of the
extension of credit understanding as above, the Defendant has been
unjustly enriched in the amount of $17,659.25 to Plaintiff's
detriment.
WHEREFORE, Plaintiff, Discover Bank, demands
Judgment against the Defendant, Lisa J. Barnhardt, in the sum of
$17,659.25, plus reasonable attorney fees, costs and pre-judgment
interest in accordance with law.
DATE : 1 l v
EDWAff ST SQUIRE
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9 a
VERIFICATION
The undersigned, EDWARD STOCK. ESQUIRE, hereby states that he is
the attorney for the Plaintiff who is located outside this jurisdiction and in order to
file the within document in 'an expedient and timely manner, he is authorized to
take this Verification on behalf of the said Plaintiff in the within action and
verifies that the statements made in the foregoing Complaint are true and correct
to the best of his knowledge, information and belief, based upon information
r provided to him by the Plaintiff.
A Verification signed by the Plaintiff will be provided to Defendant or
counsel for Defendant upon request.
The undersigned understands that false statements herein are made subject to
the penalties of 18 P.A.C.S.A. § 4904, relating to unsworn falsification to
i authorities.
EDW ST &K, ESQUIRE
i
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A
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M
Exhibit "A"
ATTORNEY:
ACCOUNT NUMBER:
BALANCE:
CARDMEMBER (S):
STATE OF OHIO
COUNTY OF FRANKLIN
STOCK
-?8
$17,659.25
LISA J BARNHARDT
MARK S BARNHARDT
Ciaran Malys, personally appeared before me, on this day and after being duly sworn, according to law, and
upon my oath and state as follows:
I am a Legal Placement Account Manager for DFS SERVICES LLC, the servicing agent of DISCOVER
BANK, an FDIC insured Delaware State Bank.
THAT this affidavit is made on the basis of my personal knowledge and in support of the Plaintiffs suit on
account against the Debtor(s).
THAT, in my capacity as Legal Placement Account Manager, I have access to records regarding the Discover
Card Account of the above referenced Debtor(s), further, that I have personally inspected said Account and
statements regarding the balance due on said account. DFS SERVICES LLC maintains these records in the
ordinary course of business.
THAT the account is in default.
THAT Exhibit A is a true and accurate statement of what is now due and owing Discover Bank on the account.
Based on my review of the account records, to the best of my knowledge and belief the above referenced
Debtor(s) is not engaged in the military services of the United States and is a resident of the State and of the
Country in which this action has been filed.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
Affiant
/
SUBSCRIBED TO AND SWORN TO before me this'y ofd , ??1?/ '2010.
Notary Public for the State
Residing at :
My Commission expires:
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MOASMOLE
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MY So*
NNOWUNI
'9
Exhibit "B"
YOUR DISCOVER® CARD ACCOUNT
CARDMEMBER AGREEMENT ............................ Pages 1-13
The terms and conditions of your Account, including how we calculate finance charges, our fees and an Arbitration of Disputes section. You have the
right to reject the arbitration provision with respect to your new Account within 30 days after receiving your Card, as explained in the Right to Reject
Arbitration" section at page 12.
PRIVACY POLICY ........................................:...... Pages 13-16
A summary of the personal information we collect, when it may be shared with others and how we safeguard the confidentiality and security of
information. You may limit our sharing of such information with others as explained in section 4 of the Privacy Policy at page 15.
BILLING RIGHTS ................................................ Pages 16-17
Important information about your rights and our responsibilities under the Fair Credit Billing Act.
DESCRIPTION OF COVERAGE ......................... Pages 18-25
The terms and conditions of the Scheduled Air Travel Accident Insurance and the Secondary Rental Car Collision Coverage that is provided at no
charge to you when you use your Card to purchase airline tickets or rent an automobile.
GLOBAL TRAVELER'S HOTLINE ............................. Page 25
The terms and conditions of this free travel assistance benefit.
02009 Discover Bank, Member FDIC TL21A.0509
CARDMEMBER AGREEMENT
Please read this Agreement carefully before using your Discover' Card Account it contains the terms and conditions of your Account, some of which may have changed from earlier
materials provided to you. In the event of any differences, this Agreement shall control. We respect your privacy. See the Privacy section on page 9 and our Privacy Policy for additional
information. The Arbitration of Disputes section on page 11 Includes a waiver of a number of rfghts, 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 Arbitration of Disputes section. ,
DEFINITIONS
USING YOUR ACCOUNT 2
Your Acceptance of this Agreement .......................................................... 2
Permitted Uses of Your AccounL ................................................................ 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 Unes ........................................................................................ 4
MMNG PAYMENTS ....................................................................................... 4
Promise tD Pay ........................................................................................... 4
Monthly Billing Statement ........................................................................... 4
Monthly Payment Options .......................................................................... 4
Automatic Billing Arrangements .................................................................. 5
How We Apply Payments ............................................................................. 5
Minimum Monthly Payment ........................................................................ 5
Sldp A-Payment Offers ............................................................................... 5
Credit Balances .......................................................................................... 5
FINANCE CHARGES .......................................................................................... 5
How We Calculate Periodic Finance Charges ............................................. 5
How We Calculate Your Balances .............................................................. 6
Variable or Fixed Interest Rates ................................................................. 7
Default Rate ................................................................................................ 7
Cash Advance Transaction Fee Finance Charges ..................................... 7
Balance Transfer Transaction Fee Finance Charges ................................. 8
Foreign Currency Transaction Fee Finance Charges .................................. 8
Minimum Finance Charge .......................................................................... 8
FEES .................................................................................................................. 8
Annual Fee ................................................................................................... 8
Late Fee ...................................................................................................... 8
Ovedimit Fee ................................................................................................. 8
y
Returned Payment Fee ..................................................... ......................... o
Returned Discover Card Check Fee .................................. ......................... 9
Pay-By-Phone Fee ............................................................ ........................... 9
Research Fee ................................................................... .......................... 9
DEFAULT AND CANCELLATION ........................................... .......................... 9
Types of Debut ................................................................
i
........................:...9
I
Consequences of Default ................................................. .......................... 9
Cancellation .................... .......... 9
PRNACY AND OUR COMMUNICATIONS WITH YOU ......... ............................ 9
Our Privacy Po6cy ............................................................... .......................... 0
Reporting to Credit Reporting Agencies ............................. ........................ 9
Our Communications with You ........................................... ...................... 10
Releasing Information About Your Account ........................ ...................... 10
Electronic Notices to You ................................................... ....................... 10
Notices- Changes to Your Information ............................. ....................... 10
CLAIMS AND DISPUTES ........................................................ .........................10
Merchant Disputes ....................................................... ............................... IV
Claim Notices ............................................................... ...............................10
Arbitration of Disputes .................................................. ...............................11
Right to Reject Arbitration ............................................ ...............................12
LEGAL INTERPRETATION OF THIS AGREEMENT ........ ...............................13
Severabifity .................................................................. ...............................13
Compliance with Interest Rate Limitations ................... ...............................13
Governing Law ............................................................. ...............................13
ASSIGNMENT OF ACCOUNT ........................................... ...............................13
CHANGES TO THIS AGREEMENT .................................. ...............................13
DEFINITIONS
"Account" means your Discover Card Account
"Authorized User" means any person whom you authote to use your Account or a Card, whether you notify us or not
"Carr' means any one or more Discover Cards issued to you or someone else with your aulhoitz lion.
"Pricing Scheduie" means the document accompanying your Card and fisting the Fiance Charge rates that apply to your Account The Pricing Schedule is part of this Agreement
"Wei" "us" and "our' refer to Discover Bank the issuer of your Discover Card
"You; "your" or"youre" refer to, in addition to you, the Cardmember, any other pin or persons who are also contactually liable under this Agreement.
USING YOUR ACCOUNT
Your Acceptance of this Agreement The use of your Account or a Card by you or an Authorized User, or your failure to cancel your Account within 30 days afar receiving a Card, means you accept
this Agree- meat, including the Arbitration of Disputes section on page 11. You may, however, reject the Arbitration of Disputes section as explained on page 12.
Permitted Uses of Your Account Your Account may be used for.
Purchases- to purchase or lease goods or services from participating merchants by presenting your Card or Account number or by using promotional checks, which we may furrtish to you, in
accordance with such additional terms and conditions as we may offer from time to time.
Cash Advances- to obtain sash advances from participating automated teller machines, financial instidfions or other locations, the purchase of lottery tickets, racetrack wagers, vouchers redeemable
for cash or for casino chips, money orders, travelers checks, savings bonds, foreign currency and wine transfers, or by nuns of checks which we may furnish to you, all in accordance with such
additional terms and conditions as we may offer from time to time.
Balance Transfers- to transfer balances from other creditors or to make other transactions by means of balance transfer coupons or checks, in accordance with such additional temps and conditions as
we may offer from time to time.
In addition, your Account may be used to guarantee reservations at
partio4-pacing estabiistrrrents. You will be liable for guaranteed reservations that are riot cancelled prior to the time specified by the establishment Your Account may be used for personal, family,
household and charitable purposes.
Prohibited Uses of Your Account Your Account may riot be used to obtain 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 boated when you use the Account to initiate the transaction CProhbited Transactions").
Purchases and Cash Advances in Foreign Currencies. If you make a purchase or cash advance in a foreign currency, it will be converted to U.S. dollars using either a govemment-mandated rate, a
govenrnent-published rate or the interbank exchange rate, depending on the country and currency in which the transaction is made. The rate used will be the rate in effect on the conversion date for the
transaction, which may be different than the Transaction Date as shown on your statement We charge a Foreign Currency Transaction Fee Finance Charge for each purchase made in a foregn
currency as described in tie Foreign Currency Transaction Fee Finance Charges section on page 8.
Cash Advances. We may periodically offer you special rates on cash advances for the time period specified in the offer, subject to the Default Rate section. The offer may contain a Cash Advance
Transaction Fee Finance Charge for each cash advance. After the expiration of the special rate, the standard Annual Percentage Rate for cash advances will apply.
Balance Transfers. We may periodically offer you the oppor-tunity to make balance transfers from other creditors or to make other transactions to your Account by means of balance transfer coupons
or checks. Each offer will contain an initial special rate, which will be the Annual Percentage Rate that will apply to transferred balances for the time period specified in the offer, subject iD the Default
Rate section and may contain a Balance Transfer Transaction Fee Finance Charge for each balance transfer made during the term of the offer, as disclosed in the offer and as set forth in the Pricing
Schedule,. if applicable. After the expiration of this time period, the Annual Percentage Rate that apples for purchases will apply to tans-ferred balances. Balance transfers subject to the initial special
.
r,a are referred to as special rate balance transfers; balance transfers for which the initial special rate has expired are referred to as purchase rate balance transfers
Each offer will contain an expiration date. If you attempt to transfer balances by means of a check after the 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 data.
Credit Authorizations. Certain transactions will require our authorization prior to completion. In some cases, you may be asked to provide identification. We have the right riot to authorize a transaction
for security or other reasons. Also, if our authorization system is not worsting, we may not be able to authorize a transaction. We will not be liable to you if any of these events happen.
Authorized Users. If you want to cancel the authority of a current Authorized User to use your Account or a Card, you must notify us and destroy any Card in that person's possession. You can notify
us by telephoning I.800-0ISCOVER (1-800-347-2663), or by writing Discover Card, PO Box 30943, Saft Lake 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 Agreement acting pursuant to a power of attorney, without our separate written agreement (which we are not obligated to give).
Unauthorized Use. Prior to its use, each Card must be signed by the person to whom it is issued. If a Card is lost or stolen, or I you think that someone is using your Account or a Card without
your permission, notify us immediately. You can notify us by telephoning 1-800-DISCOVER
(1.800-347-2683), or by writing Discover' Card, PO Box 30943, Saft Lake City, UT 84130-0943. You agree to assist us in determining to facts relating to any theft or possible unauthorized use of
your Account or a Card and to comply with such procedures as we may require in connection with our invest-igation.
Your Credit Lines. We will advise you of yourAccount credit line. We may 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, refered to as the balance transfer credit line. You agree not to allow your unpaid balance, including Finance Charges and fees, to exceed your Account credit line.
If you exceed your Account credit sine, we may request immediate payment of the amount by which you exceed your Account credit line.
We may increase or decrease your Account credit line, your cash advance credit line or your balance transfer crack line without notice. The credit available for your use may, from time to time, be lass
than your Account credit line. For purposes of detennining your available credit, we reserve the fight 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 the amount of any credit balance.
MAKING PAYMENTS
Promise to Pay. You agree to pay us in U.S. dollars for all purchases, cash advances and balance transfers including applicable Finance Charges and other charges or fees, incurred by you or anyone
you authorize or penrtit to use your Account or a Card, even if you do not notify us that others are using your Account or a Card. If you pay us in other than U.S. dollars, we may refuse to accept the
payment or charge your Account our cost to convert your payment to U.S. dollars. Ali checks must be drawn on funds on deposit in the U.S. You may riot use a cash advance check, balance transfer
check or coupon, or any other promotional check drawn on any Discover Bank credit card account to make payments on your Account If your Account is a joint Account, each of you agrees to be liable
individually and jointly for the entire amount owed on your Account We can accept late payments or partial payments or checks and money orders marked "payment in fuir or with any other
restrictive endorsement without losing any of our rights under this Agreement
Monthly Billing Statement We will send you a billing statement after each monthly billing period in which you have a debit or credit balance, unless we waive our right lo do so as permitted by law. The
billing statement will shove all purchases, rash advances, balance transfers, Finance Charges and other charges or fees and all payments or other credits posted to your Account daring the tilling
period. It will show your New Balance, Payment Due Date and Minimum Payment Due as of the end of the billing period. If your prior month's payment is returned unpaid, your required Minimum
Payment Due may be higher than shown on your billing statement See the Mintnu m Monthly Payment section on page 5.
Monthly Payment Options. You may at any time pay the entire New Balance shown on your billing statement, but each month you must pay at least the Minimum Payment Due as described in the
Minimum Monthly Payment section. All payments must be made in accordance with the terms, including the payment cutoff time, stated on your monthly billing statement, and we will credit your
Account in accord-ante with ttwse terms. In addition, we reserve the right to charge those terms without prior notice as permIW by law.
Automatic Billing Arrangements. If your Account number andfor Card expiration date charges and our records indicate you have automatic billing estabished with a merchant. we will attempt to
provide your new Account information to that merchant To ensure uninterrupted billing, we recommend that you verify the merchant has your new Account information. You must contact the merchant
directly if you do not wish to continue the automatic billing arrangement
How We Apply Payments. We will apply payments and credits lo the New Balance shown on your current tiling statement in order of the Annual Percentage Rate appl-cable to the balance of each
transaction category (as referenced in the Finance Charges section), generally from lowest to highest begin-ning with the balance subject to the lowest Annual Percentage Rate. We then apply
payments and credits to any new transactions using the same merthod. However, we have the right to apply payments and credits to balances with higher Annual Percentage Rates prior to balances
with lower Annual Percentage Rates, such as when there are two initial special rates applicable to your Account and the lower Annual Percentage Rate will expire before the higher Annual Percentage
Rate.
Minimum Monthly Payment The Minimum Payment Due each month will be the greater of.
• the New Balance if it is less than $15;
• $15 if the New Balance is $15 or more; or I
• any past due amount plus the greater of
2% of the New Balance (excluding current Periodic Finance Charges, Late and Overfirrtit Fees) rounded up to the nearest dollar or
current Periodic Finance Charges plus Late and Overlml Fees plus $15 (not to exceed 3% of the New Balance) rounded up to the nearest dolar.
We may also include some or all the amount by which you exceed your Account credit line. If more than 90% of your New Balance consists of special-rate balance transfers, we may, at our discretion,
increase your Minimum Payment Due to a maximum of 41/6 of the New Balance if it would otherwise be less than that We may subtract certain fees to calculate the Minimum Payment Due. The
Minimum Payment Due will never exceed the New Balance. Paying the Minimum Payment Due may be insufficient to bring your Account balance below your Account credit line and, consequently, may
not avoid the imposition of an additional Ovedimit Fee described in the Overiiml Fee section.
Skip-A-Payment Offers. We may from time to time allow you to not make a minimum monthly payment and will notify you when this option is available. If you take advantage of this offer and do not
make a minimum monthly payment, finance charges and any applicable fees will accrue on your Account in accordance with this Agreement and you must pay the Minimum Payment Due for the
following billing periods.
Credit Balances. We will refund any credit balance within seven business days from receipt of your written request If you do not request a refund, we will auto-matically refund credit balances greater
than $1 that remain in your Account after 6 months.
FINANCE CHARGES
How We Calculate Periodic Finance Charges. We begin to impose Periodic 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 period in which it occurs, in which case we begin to impose Periodic Finance Charges on that transaction from tine first day of
the billing period in which it is posted to your Account We continue to impose Periodic Finance Charges until the date you pay your entire New Balance, by making payments or receiving credits.
However, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing statement and you pay the New Balance by the Payment Due Date on your
. current billing statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases first appearing on the current billing statement We call this the "grace period." There is no
grace period on balance transfers or cash advances.
We sort your transactions into groups of purchases, cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. For example,
purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to these groups as transactioh categories. At the end of each billing period, we
compute balances and Periodic Finance Charges for each day of the billing period for each transaction category. We use the following equation to compute Periodic Finance Charges for each
transaction category:
(Average Daily Balance) times (days in billing period) times
(Daily Periodic Rate).
(You may refer to the finance charge summary on your billing statement for these amounts.) Then we add up the Periodic Finance Charges for each transaction category to get the total Periodic
Finance Charges for your Account The Average Daily Balance is shown as zero 1, because of the grace period, no Periodic Finance Charges apply to the balance in a trans-action category.
How We Calculate Your Balances. We use the Average Daily Balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. We compute
the Average Daily Balance for each transaction category by adding up all the daily balances in a billing period for a transaction category and dividing the total by the number of days in the billing period.
We compute the daily balance for each transaction category on each day by fast adding the following to the previous day's daily balance: transactions with a Transaction Date of that day as shown on
your billing statement, unless the transaction is posted to your Account after the close 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 Aaournt, fees charged that day and Periodic Finance Charges accrued on the previous days daily balance; and by then subtracting any credits and
payments Mare applied against the balance of the transaction category on that day. In calculating the daily balance for the first day of the billing period, we consider the 'previous days daily balance"
to have been your balance for each transaction category on the last day of 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 Fee Finance Charges which are aided to the applicable cash advance
trar&a;ti?on category and Balance Transfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction category. When the special rate expires, we move the
unpaid balance of the balance transfer and the Balance Transfer Transaction Fee Finance Charges to the standard purchase transaction category. Houvever, if the special rate has been temrnated
under the Default Rate section, we leave the unpaid balance of the balance transfer and the Balance TracsferTransaction Fee Finance Charges In the applicable balance transfer transaction category
until the special rate would have expired.
Variable or Fixed Interest Rates. The Daily Periodic Rate and corresponding Annual Percentage Rate that apply to each transaction category are either fixed rates or variable rates as set forth in your
Pricing Schedule or in any special offers you receive from us. The Daily Periodic Rate is 11365th of the corresponding Annual Percentage Rate. Variable Annual Percentage Rates are deter-mined by
adding a specified number of percentage points to the Prime Rate. This is shown on the Pricing Sclnedule as "Prime + (per-cenlage points)' For purposes of this Agreement, the Prirw Rate is the
highest rate of interest listed as the "prime rate" in the Money Rates section of The Wag Skeet Journal on the last business day of the month. The Prime Rate is merely a pricing index and does not
represent the lowest or best interest rate available to a borrower at any bank at any given time. If you have a variable rate, your Annual Percentage Rate will increase or decrease when the Prime Rate
charges. This change will be effective beginning with the first day of the billing period that begins during the same month as the charge in the Prime Rate. An increase in the Annual Percentage Rate
may increase your Minimum Payment Due.
Default Rate. Each time you do not make a required payment on time or each time you exceed your Account credit line twice in a twelve month period (each, a "Default Rate Evenf ), we may increase
the standard Annual Percentage Rates for purchases, balance transfers and cash advances to a variable rate equal to the Prime Rate + up to 27.99%0, but such rate will never exceed 29.99% (the
"Default Rate"). At the sane time, any special rates on purchases, balance transfers or cash advances will end and the Default Rate may apply. The maximum Default Rate which would currently apply
is set forth in your Pricing Schedule. We All base your Default Rate on factors such as.
• 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 period in which (I) hie did rat receive at least the Minimum Payment Due by the Payrnent Due Data or (Ii) you exceeded your
Account credit line for the second time in a twelve month period. If your standard Annual Percentage Rate for purchases was increased under this or any previous version of the Default Rate section
and, for any nine consecutive billing periods thereafter another Default Rate Event does not occur, then your Annual Percentage Rate for your now purchases will be reduced to a lesser variable rate
which may be higher than your previous standard Annual Percentage Rate for purchases and your Annual Percentage Rate for your existing purchase balance may be reduced to a lesser variable rate
which may be higher than your previous standard Annual Percentage Rate for puad ases. Any reduced Annual Percentage Rates on new and existing purchases may be dltferent and will apply
beginning with the first day of your tenth billing period. However, if a Default Rate Event occurs in the tenth billing period, a Default Rate will apply. i
Cash Advance Transaction Fee Finance Charges. Unless otherwise specified in a cash advance offer, wue will charge you a Cash Advance Transaction Fee FINANCE CHARGE of 3% of the
amount of each new cash advance with a minimum Cash Advance Transaction Fee FINANCE CHARGE of $5 and no maxi-mum. The imposition of Cash Advance Transaction Fee Finance Charges
may result in an Annual Percentage Rate for cash advances that is higher than the nominal Annual Percentage Rate. All forms of cash advances, including the use of Disouvar Card checks, regardless
of the purpose for which used, are subject to Cash Advance Transaction Fee Finance Charges. To obtain the total Finance Change on cash advances for each billing period, we add any Cash Advance
Tlansaotion.Fee Finance Charges for the billing period charged under this section to any Periodic Finance Charges calculated under the Periodic Finance Charges section for each cash advance
transaction category and add up these amounts.
Balance Transfer Transaction Fee Finance Charges. If the balance transfer offer you receive contains a Balance Transfer Transaction Fee Finance Change, we will change you a Balance Transfer
Trans-action Fee Finance Charge for the amount of each balance transfer made under that offer. If there is a Balance Transfer Transaction Fee Finance Charge in conjunction with the offer you
received when you applied for an Account, lt will be in the amount set forth in the Pricing Schedule. The imposition of Balance Transfer Transaction Fee Finance Charges may result in an Annual
Percentage Rate fox balance transfers that is higher than the nominal Annual Percentage Rate. To obtain the total Finance Charge on balance transfers for each billing period, we add any Balance
Transfer Trans-action Fee Finance Charges calculated under the Periodic Finance Charges section for each balance transfer trans-action category and add Lip these amounts.
Foreign Currency Transaction Fee Finance Charges. We will charge you a Foreign Currency Transaction Fee FINANCE CHARGE of 21/6 of the U.S dolor amount of each purchase made in a
foreign currency. The imposition of Foreign Currency Transaction Fee Finance Charges may result in an Annual Percentage Rate for purchases that is higher than the nominal Annual Percentage Rat,.
To obtain the total Finance Charge on purchases for each billing period, we aid cry Foreign Currency Transaction Fee Finance Charges for the billing period charged under this section to any Periodic
Finance Charges calculated under the Periodic Finance Charges section for each purchase transaction category and add up these amounts.
Minimum Finance Charge. We will charge you a minimum FINANCE CHARGE of $.50 for any billing period in which Periodic Finance Charges of less than $.50 would otherwise be imposed.
FEES
Annual Fee. If your Pricing Schedule accompanying your Card includes an Annual Fee, we will charge you an Annual Fee in the amount indicated. We will charge you this fee when we open your
Account and at the beginning of each anniversary year your Account is open. 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 Payment Due Date, to make the Minimum Payment Due that was required to be paid for that billing period. The amount of the Late
q is based on the sum of all outstanding purchases, cash advances, balance transfers, other charges, other fees and Finance Charges at the end of the billing period for which we did not receive
timely payment If the sum is $250 or less, the fee is $19; if it is greater than $250, the fee is $39.
Overlimit Fee. We will charge you an Ovedimit Fee each firne that as of the close of a billing period, your outstanding Account balance exceeds your Account credit line. This fee may be charged even
if the transaction which causes you to exceed your Account credit line is authorized by us or if you exceed your Account credit line due to the posting of Finance Charges or fees to your Account The
amount of the Ovedimif Fee is used on the sum of all outstanding purchases, cash advances, balance transfers, other charges, other fees and Finance Charges at the end of the billing period. If the
sum is equal to or less than $500 and you exceed your credit line, the Overimit Fee is $15. If the sum is greater than $500 and you exceed your credit line, the Ovedimit Fee is $39.
Returned Payment Fee. We will charge you a Returned Payment Fee of $35 each time you pay us with a check or other instrument that is returned unpaid. This fee will also apply if a debit transaction
to a deposit account from which you have authorized us in writing, electronically or orally to periodically deduct all or a part of an amount you owe us under this Agreement is retumed unpaid. We will
charge you this fee the first time any payment is retumed unpaid, even if it is paid upon resubmission.
Retumed Discover Card Check Fee. We will charge you a Returned Discover Card Check Fee of $35 each time we decline to honor a Discover Card cash advance check, balance transfer check,
promotional purchase check, or other promotional check.
Pay-By-Phorie Fee. We may from time to time allow you to make payments by authorizing us over the telephone to transfer or pay funds from a deposit account to your Account We will charge a Pay-
By-Phone Fee of $10 for each such transfer or payment
Research Fee. We may charge you a Research Fee of $5 for each copy of a billing statement or 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 becorne insolvent if you file a bankruptcy petition or have one filed against you;1 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 if a court appoints a guardian for you or a conservator for your assets; If you die; if you fail to comply with the terns of this Agreement,
including failing to make a required payment when due, exceeding your Account credit One or using your Card or Account for a Prohibited Transaction; or Iyou fail th make a required payment when
due on any other account you have with us.
Consequences of Default If you are in default, we may declare the entire balance of your Account h n>ediately due and payable without notice. If we refer the collection of your Account to an attorney
or employ an attorney to represent us with regard to recovery of money that you owe us, we may charge you reasonable attorneys fees and court or other collection costs as permitted by law and as
actually incurred by us, including fees and costs in con-nection with any appeal. We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them.
Cancellation. You may cancel your Account by notifying us in writing or by telephone and retuning or destroying every Card and unused check that we have provided you. You can ratify us by
telephoning 1 DISCOVER (1-600.347-2683), or by wilting Discover Card, PO Box 30943, Salt Lake City, UT 84130.0943.Of course, you will still be responsible to pay any amount you awe us
according to the temps of this Agreement If your Account is a joint Account either Cardmember may cancel the Account but you will both remain responsible to pay any amount owed to us according b
the terns of this Agreement We may cancel or suspend your Account at any time without notice. We may choose not to renew your Account (beyond the expiration data shown on the face of a Card)
without notice. You must return any Card or unused checks to us upon request
PRIVACY AND OUR COMMUNICATIONS WITH YOU
Our Privacy Policy. We may from time to time review your credit, employment and Income records. We respect the privacy of infomhation about you and your Account Our Privacy Policy includes a
summary of the personal infor-mation we collect, when it may be shared with others, how we safe-guard the confidentiality and security of information and the steps you may take to limit our sharing of
such information with others. Please read it carefully as it is part of your CardmemberAgreement.
Reporting to Credit Reporting Agencies. As indimcated in our Privacy Policy, we may report to credit reporting agencies and other creditors the status and payment history of your Account, including
negative credit infomnation. Late payments, missed payments or other defaults on your Account may be reflected in your credit report We norrnally report to such credit reporting agencies each month. If
you believe that our report of yourAccount status is inaccurate or incomplete, please write us at the following address: Discover Card, PO Box 15316, Wilmington, DE 19850-5316. Please include your
name, address, home telephone nurnber and Account number.
Our Communications with You. Our personnel may listen to or record telephone calls between you and our representatives without additional notice to you as permitted by haw. We may use ary
medium, including but not limited to mail, live telephone calls, automated telephone equipment prerecorded tele-phDne 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 you prefer not to be contacted in one or more of these ways, telephone us at 1.800-0ISCOVER (1-800,'i47-2683) orwrb to us
at Discover Card, PO Box 30961, Salt Lake City, UT 84130.0961.
Releasing Information About Your Account We provide various methods by which you can obtain hibimation about your Account We will only release such 6dommation to you, any AuthorAzed User
that our records indicate is an autatzed buyer on your Account and any other person with your prior pemissiom in addition to as pro-vided in our Privacy Policy or an required by law. Our security
measures cannot insure against unauthorized inquiries. You agree that we will not be responsible for the release of information to anyone who, even if weth-out your aulhoraation or permission, has
gained possession of a Card or has learned other identifying characteristics about you such as your per--sonbl iderg allot number, Account number or social security number.
Electronic Notices to You. We may offer.you the opportunity to receive certain notices from us elec-tronically rather than through the mall, including monthly billing shate?nents and charge of terns
notices. The temns and conditions for receiving these electronic communications will be described in the offer.
Notices- Changes to Your Information If you change your e-mail address, mailing address or telephone number you must notify us of your new address orWephone number within 15 days. You can
notify us by telephoning 14MISCOVER (1-800-347-2683) or by writing Discover' Card, PO Box 30943, Salt Lake City, UT 84130-0943. If your Account is a Joint Account, any notice we mail b an
address you have provided for the Account will serve as notice to both Cardmembers.
CLAIMS AND DISPUTES
Merchant Disputes. We are not responsible for the refusal of anyone to accept or honor a Cana 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 the dispute. If we resolve the dispute in your favor, we will issue a credit to your Account and you will be deemed to have
assigned to us your claim against the merchant andlor any third party for the credited amount. Upon our request you agree to provide us with written evidence of such assignment
Claim Notices. In the event that you or we have a claim that arises from or relates to your Account amt per account you had with us, your application, the relationships which result from your Account
or the enforce-ability of the Agreement or any prior agreement before initi-ating, joining or partcipatirg In any judicial or arbitration proceeding, as either an individual litigant or member of a class
('Proceeding"), the complaining party shall give the other party: (1) a written notice of the claim CCUmm Notice"), at least 15 days before initiating any Proceeding, explaining in reasonable detail the
nature of the claim and any sup-porting facts; and (2) a reasonable good faith opportunity to resolve the claim without the necessity of a Proceeding. This includes any claims irmIvng our parent
corporation, subsidiaries, affiliates (including, with-out limitation, DFS Services LLC), predecessors, successors, assoi% as well as the officers, directors and employees of each of these entities. Any
Claim Notice shall be sent to us at Discover Card, PO Box 3024, New Albany, OH 43054 (or such other address as we shall subsequently provide to you) (the "Claim Notice Address) orb you at your
address appearing in our records or, if you are represented by counsel, to your attorney at your attorneys office.
Arbitration of Disputes. Agreement to arbitrate. In the event of any past, present or future claim or dispute (whether based upon contract, tort, statute, common law or equity) between you and us
arising from or relating to your Account, any prior account you have had with us, your application, the relationships which result from your Account or the enforceability or scope of this arbitration
provision, of the Agreement or of any prior agreement you or we may elect to resolve the claim or dispute by binding arbitration. IF EITHER YOU OR WE ELECT ARBITRATION, NEITHER YOU NOR
WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL
RIGHTS WILL BE LIMITED. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WITH 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 Waiver").
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 I all parties have
opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit and nothing undertaken therein shall
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
Governing Law and Rules Your Account involves interstate commerce and this provision shall be governed by the Federal Arbitration Act (FAA). The arbi-tration shall be conducted, at the option of
whoever files the
arbRratan claim, by either the American Arbitration Association (AAA) or the National Arbitration Forum (NAF) in accordance with their procedures in effect when the claim is filed. For a copy of their
procedures, to file a claim or for other information, contact AAA at 335 Madison Ave., Floor 10, New York, NY 10017-5905, b owadr om (phone 1-800-778-7879) or NAF at PO Box 50191, Minneapolis,
MN 55405 (phone 1.800-4742371). No other arbitration forum will be permitted, except as agreed to pursuant to either the Changes to this Agreement section or a writing signed by both parties. Unless
consented to by all parties, no arbitration may be administered by any administrator that has any fomrel or informal policy, rule or pro-cWure that is inconsistent with or purports to override the terms of
this section. If we elect to resolve a claim or dispute by binding arbitration and the arbitrator issues an award in your favor on a claim or claims with respect to which you would riot otherwise be entitled to
recover your arbitration filing, administrative and hearing fees, reasonable attomeys' fees and/or other arbitration costs, we will be responsible for paying or reimbursing such costs and fees if awarded
by the arbitrator.
Fees and Costs. At yourwritten request, we will advance any arbitration firing, administrative and hearing fees which you would be required to
pay to pursue a claim or dispute as a result of our electing to arbitrate
that daim or dispute. Send requests to Discover Card, PO Box 30421, Salt Lake City, UT 84130-0421. The arbitrator will decide who will ultimately be responsible for paying those fees. You will only be
responsible for paying or reimbursing our arbitration filing, administrative or hearing fees to the extent you world have been responsible for paying'atlormys' fees and court or other collection costs" had
the action proceeded in court In no event will you be required to pay any fees or costs incurred by us in connection with an arbitration proceeding where such a payment or reimbursement is prohibited
by applicable law.
Hearings and DecWons. Any arbitration hearing will take place in the federal judicial district where you reside. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA
and applicable statutes of limitations and shall honor claims of privilege recognized at law and shall be authorized to award all remedies permitted by the substantive haws that would apply I the action
were pending in court If requested by any party, the arbitrator shag write an opinion containing the reasons for the award. The arbttra-tor's decision will be fern and binding except for any appeal rights
under the FAA and except that if the amount in controversy exceeds $100,000, any party may appeal the award within 30 days to a three erbit ator panel, which shag review the award de nom. Unless
applicable law provides oftwise, the appealing party will pay the cost of the appeal, regardless of its outcome. However, we will consider in good faith any reasonable mquestfor us to bear the fees
charged by the arbitration administrator and the arbitrators in connection with the appeal. Judgment upon arty award by the arbitrator may be enforced in any court having jurisdiction.
Other Beneficiaries of this Provision. Our rights and oblgations under this arbitration provision shag inure to the beneft of and be binding upon our parent corporations, subsidiaries, affiliates (Including,
without limitation, DFS Services LLC), predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities, and will also inure to the benefit of arty third party
named as a co-defendant with us or with any of the foregoing in a claim which is subject to this arbitation provision. Your rights and obligations under this a Nkadon provision shall inure to the benefit of
and be binding upon all persons contractually liable under this Agreement and all Authorized Users of the Account
Snrvhd of this Provision. This arbitration provision shag survive temu-re-tion of your Account as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, any
bankruptcy by you and any sale by us of your Account
Right to RejectArttiftradon. You may reject the Arbitration of Disputes section by providing us a notice of rejection within 30 days after receiving a Card, at the following address: Discover
Card, PO Box 30938, Salt Lake City, UT 84130-0938. If you were previously subject to arbitration with respect to any aocouat with us, this right to reject arbitration will not apply to you. Your rejection
notice must include your rem, address, telephone number, Account number and signature and must not be sent with any other correspondence. Calling us to indicate that you reject the Arbitration of
Disputes section or sending a rejection notice in a manner or fonnat that does not comply with all applicable requirements is insufficient notice. In orderto process your notice, we require that the notice
be provided by you directly and not through a third party. Rejection of art*tra-tion will rat affect your other rights or responsibilities under this Agreement or your obligation to arbitrate disputes under any
other account as to which you and we have agreed to arbitrate disputes. If you do rot send a rejection notice, you will be obligated by the Arbitration of Disputes section with respect to this and any prior
account you have had with us, even if you have previously sent a rejection notice with respect to that prior account
LEGAL INTERPRETATION OF THIS AGREEMENT I
Severability. If any part of this Agreement becomes unenforceable, it w11 not make any other part unenforceable, except that i the Class Action Waiver set forth above in the Arbitration of Disputes
section is invalidated in any proceeding in which you and we are involved, then the Arbitration of Disputes section will be void with respect to that proceeding.
Compliance with Interest Rate Limitations. We intend that this Agreement will comply with applicable interest rate limitations. You wit not be required to pay Finance Charges or other charges at a
rate that is greater than the mabdmurn amount permitted by law. If it is ever finally deter-mined that, but for this section, the Finance Charges or other charges under this Agreement would exceed the
maximum lawful amount the Finance Charges and other charges will be reduced to the maximum lawful amount Any excess amount that you have already paid will be used to reduce the outstanding
balance of your Account orwill be refunded to you by means of a check in our discretion.
Governing Law. This Agreement and any claim or dispute arising out of this Agreement wiil be governed by applicable federal law and, to the extent state law applies, Delaware law.
ASSIGNMENT OF ACCOUNT
We may sell, assign or transfer your Account or any portion thereof with-out 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 not limited to, any finance charge rate, fee or method of computing any balance upon which the finance charge rate is
assessed or add any new term or part to this Agreement. If required by law we will send you a notice at least 15 days before the change is to become effective. We may apply any such
change to the outstanding balance of your Account on the effective date of the change and to new charges made after that date. You may be offered the opportunity to reject some of the
changes, and if you do, you must notify us in writing within 15 days after the mailing of the notice of change at the address provided in the notice of change, in which case your Account
will be closed and you must pay us the balance that you owe us under the existing terms of the unchanged Agreement Otherwise, you will have agreed to the changes in the notice. Use
of your Account after the effective date of the change will be deemed acceptance of the new terms as of such effective date, even if you previously notified us that you did not agree to
the change.
We may also change any term of any product, service or benefit offered in connection with your Account We will notify you as required by law or by the terms of the product, service or
benefit.
RIVACY 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 with 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 you that m have taken steps, and will continue to take steps, to safeguard that information.
,This Privacy Policy describes our efforts to meet these objecfives. It includes a summary of the following important information:
A listing of the personal information we collect;
The circumstances in which we may share information with others;
The ways we safeguard the confidentiality and security of information;
and
The steps you may take to limit our sharing of such information Wt h
others. See Section 4 for complete details.
Please read our Privacy Policy carefully. It will help you understand how we collect and share information.
1. What Personal Information Do We Collect?
To serve you betthr and manage our business, it is important that we collect and maintain accurate personal information about you. We obtain this information from applications and other forms you
submit bus, from your dealings YM us and others, from consumer reporting agencies, and from other sources, such as our Web sites. For example:
We may obtain information such as your name, address and data of birth from applications and other fortes you submit to us.
We may obtain information such as Account balances, payment history, your use of your Account and the types of services you prefer from your transactions and other dealings with us and others.
We may obtain information such as the balances of your loans with other lenders and your payment history with others from consumer reporting agencies.
We may obtain information such as your Internet service provider, your e-mall address, your computer's operating system and Web browser, your Web site use and you product and service
preferences from your visits to Web sites.
2. Is Personal Information Shared with Others?
We limit the sharing of information with others. Many of the offers you receive fox products and services are provided directly to you from Liss. For example, a retailer that accepts the Discover' Card may
cxtme to us with a special offer for Cardmembers, such as a discount cetificaie or product upgrade. After careful consideration of the nature of the offer and the company, we will create a Est of
Cardmembers who may be interested in the offer based on certakh characteristics. We will send the offer directly th those Cardmembers on behalf of the retailer by, for example, including an insert in
their monthly billing statement or mailing the offer ourselves. We control the information used to make the offer; we do not share the list or any information about our Cardmembers with the retailer.
However, please understand that 'dyou do receive this type of offer from us and choose to take advantage of it, the retailer may then learn information about you because only Cardmembers with certain
characteristics received the offer.
There are, however, circumstances in which we may. share the information we collect about you, as described in Section 1, with other companies in order to provide you with access to products and
services and to service your Account effectively, as detailed below. We require these companies to adhere to our privacy standards and to use this information only for the limited purpose for which it
was shared. We do rat allow them W disclose it to others without our prior approval
a. l hedng Personal Inibmiston with Our Corporate Family
Our corporate family otters a variety of products and services that can help you manage yourfuha Les. In order to provide you with access to these products and services, we may share the infoormation
we collect about you, as described in Section 1, with other members of our corporate family. These companies include financial service providers that otter credit protection, card servicing and payment
processing services.
b.
Sharing Personal Information wM Nw Atfdlated Parties for
Marketing Purposes
We may share the information we collect about you, as described in Section 1, with ran-afiillated third parties, including those that accept the Discover Card, in order to provide you with access to.
products and services offered directly by these companies that may be of value to you. These companies include financial service providers, such as insurance companies, and norrfinandal companies,
such as retailers.
C.
Sharing Personal Information With Others
We may share the information we collect about you, as described in Section 1, with companies that perform support or marketing services on our behalf, such as mating, market research and data processing;
other financial instihrtions with which we have joint marketing agreements; or companies that are our partners for co-brand credit card program or rcwrard programs. We may also share such information as
permitted by law.
3.
How Do We Protect the Confidentiality, Security and Integrity of Information about You?
We maintain physical, electronic and procedural safeguards to protect the infor nation we collect about you. Access to such information is restricted to individuals who need it in order to service your
Account or provide products and services to you, and who are trained in the proper handling of such information. Employees who violate these confidentially requirements are subject to our disciplinary
process. Where third parties provide support services, we require them to conform to our privacy standards.
It is important that the information we maintain about you is accurate and complete. If you see information in your monthly billing statements or elsewhere which suggests that our information is
incomplete or inaccurate, please write to us at Discover Card, PO Box 30943, Salt Lake City, UT 84130-0943 so that we can update this information.
4. How Can You Limit Sharing of Information About You?
We respect your privacy and offer you choices as to whether we may share information about you with others. You have the option to ten us not to share the inforrrration vve collect about you, as described in
Section 1, with nonaffiliated third parties. You a)so have the option to tell us not to share the information we collect about you, as described in Section 1, with companies in our corporate family. If you indicate a
preference for either of these options, please understand that you may not receive offers for products and services provided by other companies that could help you lower your costs, madmize your financial
resources, or manage your finances. ii
To indicate your preferences, please call us at 1-800-225.5202 or write to Discover Card, PO Box 30961, Salt Lake City, UT 84130-0961. If you have previously notified us about your
privacy preferences, it is not necessary to do so again unless you decide to change your preferences. Your written request should include your name, address, telephone number and Account
number(s) and should not be sent with any oilier correspondence. In order to process your request, we require that the request be provided by you directly and not through a third party. You will need to
provide us with your preferences for each credit card account you have with us.
You may notify us about your preferences at any time. Your request will remain in effect until you notify us otherwise. We will honor your request and not share this information except as permitted by
law. For example, federal law permits us to share information about you with consumer reporting agencies, service providers and financial institutions with which we have joint marketing agreements. If
you are a new Cardmember, we will not share any nforetion about you, except as permitted by law, for thirty days after we provide this Policy to you in order to give you an opportunity to inform us
about your preferences. If you are an existing Cardmember, please understand that you may continue to receive marketing offers directly from other companies thatwere already in production prior to
the processing of your request
This Privacy Policy is provided to the primary Cardmember listed on the Account However, any joint Cardmember has the right to notify us about preferences and we will treat that request as applying
to the entire Account We do not share information about former customers, except as permitted by law. This notification supersedes all previously issued Privacy Policies. We reserve the right to amend
this Privacy Policy from time to time and we will notify you if we do so.
This Privacy Policy is provided to you by Discover Bank and its subsidiaries, which currently include GTC Insurance Agency, Inc. and Discover Products Inc. Unless otherwise specified, it applies to the
family of Discover Cards for consumers and the products and services offered in connection with those Cards, including the Wallet Protection card registration service (with the exception of any
information registered in connection with the service, wtkh will riot be shared). It is part of your Cardmember Agreement and provides a fiurtfer explanation of haw we collect and share information. You
may have other rights under state laws that apply to this information. Please note that you will also receive privacy notices for other credit card accounts you have with us, as well as other financial
products and services provided to you by us and our aififiates. You will need to indicate your preferences for each of these separately as disclosed in the notice.
Vermont Residents- Your state law requires financial institutions to obtain your consent prior to sharing information about you with others. Except as permitted by law, we will not share information we
eoilect about you with non-affiliated third parties or companies in our corporate family unless you call us at 1-800-DISCOVER (1-800-347-2683) and authorize us to do so..
California Residents - Your state law requires financial insftutions to obtain your consent prior to sharing information about you with non-affiliated third parties. Except as permitted by law, we will not
share information we collect about you with rich-affiliated third parties while you are a resident of California.
Your Billing Rights
KEEP THIS NOTICE FOR FUTURE USE r
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act
1. Notify Us in Case of Errors or Questions About Your Bill
If you think your bill is wrong or If you need more information about a transaction on your bill, write us on a separate sheet of paper at the address listed on your bill for Notice of Billing Errors. Write to us
as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the fcIlowirg information:
• your name and Account number.
• your dollar amount of the suspected error.
describe the error and explain, if you can, why you believe there is an error. If you need more Information, describe the item you are not sure about
If you have authorized us to pay your credit card bill automatically from your savings orld*cKng account, you can slop the payment on any amount you think is wrong. To stop the payment, your letter
must reach us three business days before the automatic payment is scheduled to occur.
Your Rights and Our Responsibilities After We Receive Your
Written Notice
We must acknowledge your letter within 30 days, unless vie have corrected the error by then. Within 90 days, we must either coned the error or explain why we believe the bill was coned.
After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges and we can
apply any unpaid amount against your Account credit limn You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are riot in
queston.
If vie find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount If we didn't make a mistake, you may have to pay the finance charges, and you
will have to make up any missed payments on the questioned amount In either case, we will send you a statement of the amount you on and the date that it is due.
If you fail to pay the amount that we think you on, we may report you as delinquent However, if our explanation does not satisfy you and you write us within ten days telling us that you still refuse to
pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter
has been settled beMreen us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was corred.
3. Special Rule for Credit Card Purchases
If you have a problem with the quality of goods or services that you purchased with a credit card, and you tried in good faith to correct the problem with the merchant, you may have the right not to pay
the remaining amount due on the goods or services. There are two limitations on this right
(a) I
you must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and
(b) the purchase price must have been more than $50.
T:se limitations do not apply if we own or operate the merchant or if we mailed you the advertisement for the goods or services.
4. Purchases Made with Checks or Cash Advances
The Special Rule for Credit Card Purchases does not apply to purchases made with a balance transfer check, cash advance or promotional purchase check. Therefore, ? 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 Air Travel Accident Insurance.* You, your Spouse, Domestic Partner or eligible Dependent Children fo6ftm a ticket was purchased
on your Cana (as defined below) will be automatically insured against Accidental Loss of Life arising from and occurring on a Covered Trip while you, your Spouse, Domestic Partner or eligible
Dependent Children for whom a ticket was purchased on your Card are riding as a passenger in or 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 ante" or exiting any conveyance licensed to carry the public for a fee and while traveling directly to or from the airport im medi-ately preceding the
departure of a Scheduled Aircraft on which the Insured Person has purchased passage and immediately following the anival of a Schedule Aircraft on which the Insured Person was a passenger.
*Coverage is underwritten by Federal Insurance Company, a member insurer of the Chubb Group of Insurance Companies. Certain limitations and exclusions apply.
PLAN FEATURES
THE BENEFITS: The full Benefit Amount ($500,000) is payable for Accidental Loss of Life. The Loss must occur within one year of the Accident
MAXIMUM LIMIT OF INSURANCE: If more than one Insured Person suffers a Loss in the same Accident, the Comparrywill not pay more than the maximum limit of insurance ($20,000,000) per
Accident If an Accident results in BeneftAmounts becoming payable, which when totaled, exceed the applicable limit of insurance shown above, the maximum limit of insurance will be divided
Proportionally among the Insured Persons, based on each applicable Berhefit Amount In the event of multiple Accidental deaths per Account arising from any one Ac,cident, the Comperys liability for all
such Losses will be limited to a maximum limit of insurance equal to two times the applicable Benefit Amount for Loss of Life. Benefits will be proportionately divided among the Insured Persons up to
the maximum limit of insurance.
DEFINITIONS:
Accident or accidental means a sudden, unforeseen and unexpected event happening by chance, and includes unavoidable exposure to elements arising from a covered Hazard.
Accidental Bodily Iniundies? means bodily injury which is Accidental, is the direct source of a Loss, cos independent of disease, illness or other cause and occurs while this policy is in force.
Account means a Card account
get Amount means the Loss amount at the time the entire cost of the passenger fare is charged to an Account
11W means the Discover Card.
6rdmemba means the holder of the Card whose name appears on the credit card.
Comming means the Federal Insurance Company.
Covered Trip means travel on a Scheduled Aircraft when the entire cost of the passenger fare for such transportation, less redeemable certificates, vouchers or coupons, has been charged to the
Insured PersWs Account
Dependent Child or Children means those children, including adopted children and those children placed for adoption, who are primarily dependent upon the Insured Person for maintenance and
support and who are: (1) under the age of 19 and reside with the Insured Person; (2) beyond the age of 19, pemharnen y mentally or physically challenged and incapable of self support; or (3) under the
age of 25 and classified as full-time students at an institution of higher learning.
Domestic Partner means a person who, (1) is at least 18 years of age and competent to enter into a contract (2) is rat related to the Insured Person by blood; (3) has exolusively lived with the Insured
Person for at least one year prior to the date of enrollment (4) is not legally married or sep& rated; and (5) as of the date of enrollment, has with the Insured Person at least two of the following financial
arrangements: (a) a joint mortgage or lease; (b) a joint bank account; (c) joint tftle to or ownership of a motor vehicle or status as a joint lessee on a motor vehicle lease; or (d) a joint credit card account
with a financial institution. Neither the Insured Person nor the Domestic Partner can be married to, nor in a civil union with, anyone else.
jMj means the covered circumstances for which this insurance is provided as stated in Section III of the Declarations, Hazards, and described in the Hazards form, as described on page 1 of this
Description of Coverage.
Insured Person means all Car dmembers, their spouses, Domestic Partners and Dependent Children, as well as authorized users of the Account
j.= means the Loss of Life.
L- of Life means death, including clinical death determined by the local governing medical authorities.
Poljpfholder means DFS Services LLC, tie entity responsible for the payment of premium.
Scheduled Aircraft means an aircraft owned and/or operated by a Sdieduled Airline.
Se-hadidad Airline means an airline which is either of United States registry and certified by the United States government to carry passengers on a regularly scheduled basis or of foreign register and
approved by the United States government and the appropriate foeign authority.
WK means hostilities follow a declaration of War by a government authority. If there is no declaration of War, then (1) armed, open and continuous hostilities between two countries or (2) amned,
open and continuous hostilities between two factions, each in control of territory, or claiming jurisdiction over tie site of the area of hostility. i
DISAPPEARANCE BENEFITS: If tie Insured Person has not been found within one year of the dsappeara m stranding, sinking, wrecking or breoicdoum of any Scheduled Aircraft or conveyance in which the
Insured Person was covered as an occupant it will be assumed, subject to all otherlemns of the policy, that the Insured Person has suffered Loss of Life coveted under this policy.
EXPOSURE BENEFITS: Accident inchndes unavoidable exposure to elements arising from a covered Hazard.
ELIGIBILITY: This insurance plan is provided to Insured Persons auto-rmatlWly when the entire cost of the passenger fare(s) on a Scheduled Airline is charged to the Cardmembees Account while the
insurance is effective. It is not necessary for you to notify the Policyholder or the Company when Scheduled Arline tickets are purchased.
EFFECTIVE DATES: Your insurance under this insurance plan is effective on the later of.1) April 1, 2007; or 2) the date you become an eigible Cams-member. Your insurance coverage under this
insurance plan will cease on the earlier of (1) the data the insurance coverage is terminated; or (2) the crate you cease to be an eligible Cardmember.
COST: This insurance plan is provided at no additional cost to eligible Insured Persons for Covered Trips. Policyholder pays the full cost of the insurance.
THE BENEFICIARY: The Loss of Life benefit OR be paid to the beneficiary designated by you. If no such designation has been made, that benefit will be paid to the first surviving beneficiary in the
following order. a) your spouse; b) your children; c) your parents d) your brothers and sisters, e) your estate. All other indemnities cull be paid to you. If you wish to change your beneficiary, you may
request a beneficiary desgnation form by writing to the plan administrator at The Direct Marketing Group, Inc., 13265 Bedford Avenue, Omaha, NE 68164 or at Benefiaaryrequest@TheDiredMG.com.
EXCLUSIONS: This insurance plan does not cover Loss resulting from: (1) an Accident occurring while an Insured Person is in, entering or exiting any ainxaft owned, leased or operated by this
Policyholder or any aircraft owned, leased or operated by an employee of the Policyholder on behalf of the Policyholder (this exclusion does not apply to aircraft chartered with pilot or crew on one time
charter basis), (2) an accident while an Insured Person is in, entering or exiting any aircraft while acting or training as a pilot or crew member (this exclusion does rat apply to passengers who
temporarily perform pilot or crew functions in a fife threatening emergency); (3) emotional trauma, mental or physical illness, disease, pregnancy, childbirth or miscarriage, bacterial or viral infection, or
bodily malfunctions (except bacterial infection caused by an Accident or from Accidental consumption of a substance contaminated by bacteria); (4) suicide, attempted suicide or Loss that is intentionally
self-inflicted; or (5) declared or undeclared War.
CLAIM NOTICE: Written claim notice must be given to the Company within 90 days after the occurrence of any Loss covered by this policy or as soon as reasonably possible. Failure to give notice
within 90 days will not invalidate or reduce any otherwise valid claim if notice is given as soon as reasonably possible.
CLAIM FORMS: When the Company receives notice of a claim, the Company will send you forms fo giving proof of Loss to us within 15 days. If you do not receive the forms, you should send the
Company a written description of the Loss.
CLAIM PROOF OF LOSS: Complete proof of Loss must be given to Company within 90 days after the date of Loss, or as soon as reasonably possible. Failure to give complete proof of Loss within
these time frames will not invalidate any otherwise valid claim If notice is 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 terms of the policy.
ARBITRATION: In the event of a dispute under this policy, slater the Corr mmny or the insured Person may make a written demand for arbitration. In that case, the Company and the Insured Person will each
select an artits-tor. The twn arbitrators will select a third. If they cannot agree within 15 days, either the Company or the Insured Person may request that the choice of arbitrator be submitted to the American
Arbitration Association. The arbitration will be held in 11ie state of the Insured Person's prindpal residence.
IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CLAIMS SERVICE CENTER AT 1.800-CLAIMS-0 (1.800.251-4670).
You can also go to the Company Web site (?ppppy,G?,com), click
on Report a Loss, select Accident, Benefits and Life claims, select the
appm-pd-ate form, print out the claim form, fill out and mail. You can file a claim by mall or fax
Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES
CLAIMS SERVICE CENTER
606 INDEPENDENCE PARKWAY
PO BOX 4700
CHESAPEAKE, VA 23327-4700
Fax Number. 1-600,300-2538
As a handy reference guide, please read this and keep it in a safe place with your other insurance documents. This description of coverage is not a contract of insurance but is a sunvnary of the
principal provisions of the insurance while in effect. Complete policy provisions are contained in the Master Policy, which can be obtained from the Policyholder:
Policy #99D6-18-06
Policy Underwitten By Plan Administrator
Federal Insurance Company The Direct Marketing Group, Inc.
a member insurer of the 13265 Bedford Avenue
Chubb Group of Insurance Companies Omaha, NE 68164
15 Mountain View Road, PO Box 1615
Warren, NJ 07061-1651
DESCRIPTION OF COVERAGE
SECONDARY RENTAL CAR COLLISION COVERAGE
D= %W Canimembers can benefit from the security and safety offered through Excess Colll Damage Waiver If you rent a vehicle for 31 consecutive days or less (or 45 days under certain
ciraenstances described below) with your Card (as defined below), you may be eligible for benefits under this coverage. Excess Collision Damage Waiver is an insurance program, underwritten by
Federal Insurance Company Policy #9906-17.63 (tire "Pokey').
DEFINITIONS:
AC&M means a Card account
Actual Cash Value means the cost to repair or replace the Rented
Auto-mobtie at the tine of loss, less depredation.
rardmembar means the inkier of the Card whose rhyme appears on the credit card,
j W means the Discover Card.
Coleslon Damage means the direct and accidental damage to a Rented Automobile caused by upset or collision with another object Collision Damage does not include loss caused by missiles, falling
objects, fire, theft or larceny, explosion, earthquake, windstorm, hail, water, flood, malicious mischief or vandalism, rat or civil commotion.
Com-ny means the Federal Insurance Company.
Ijlu9d means Cardmembers and authorized users 4 the Account.
Policyholder means DFS Services LLC, the entity responsible for the payment of premium.
R means a commercial automobile rental company kensed under the laws of the applicable juri-4*rL
&WW AyjympjJg means a four-vvheeled private passenger type motor vehicle or a minivan manufactured and designed to transport a maximum of seven passengers and used excusively to tarty
passengers. A Rented Automobile must be designed for travel on public roads and rented from Rental Agency.
TO GET COVERAGE: ,
The Collision Damage Waiver Coverage is provided to you, as an Insured, automatically when the entire rental fee for the Rented Automobile is charged or debited to your Account It is not necessary
fa you to notify the Company at the time the rental fee is charged or debited to your Account
You must decline the LosslDarnage Waiver offered by Ithe vehicle
Rental Agency.
You must rent the vehicle in your own name and sign the vehicle rental agreernerdloontract
The coverage period will not exceed 31 consecutive days, or 45
consecu-tive days if the Insured is an employee of an organization which has pro-vided a Card to the Insured for business use.
THE KIND OF COVERAGE YOU RECEIVE:
In consideration of the premiurn paid by the Policyholder as required, and subject to all the terms of the Pofwy, the Company agrees to reimburse on an Actual Cash Value basis either the Insured or the
Rental Agency for repair or replacement of the Rented Automobile as a result of Collision Damage to the Rented Automobile. The Company's liability will be for a maximum reimbursement of $25,000. In no
event will the Company be liable beyond the amounts actually paid by the Insured or the Rental Agency.
If you or an Insureds primary vehide insurance or other coverage has made payments for a covered loss, Excess Collision Damage Waiver will carver your deductible and any other eligible amounts not
covered by other insurance.
This coverage is not a[Hnclusive, which means it does not cover such things as personal injury or personal liability. It does not carver you for any damages to other vehicles or property. It does not cover
you for any injury to any party.
WHO IS COVERED:
Discover Cardmembers
EXCLUDED RENTAL VEHICLES:
Off-road, antique or limited edition motor vehicles; trucks; recreational vehicles, campers, pickup trucks, and mini-buses; limited edition motor vehicles or high value, exotic, high performance or collector
type. High value motor vehicles are motor vehicles whose replacement value exceeds $50,000, and antique motor vehicles are defined as any vehicle over 25 years old, or any vehicle wfhich has not
been manufactured for 10 years or more.
VI SERE YOU ARE COVERED:
Coverage applies to vehicles rented in the United States and Canada only.
Coverage is not available where prohibited by law.
WHAT IS NZ COVERED:
Coverage does not apply to loss resulting from the following: j
Any dishonest, fraudulent or criminal ad 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 where the loss occurred, or under the influence of any narcotic unless prescribed by a physician.
• Use of the Rented Automobile to carry passengers and property for hire.
Use of the Rented Automobile by a person other than the one authorized to operate the Rented Automobile by the terms of the Rental Agreement
Loss of use of the Rented Automobile.
Intentional damage to the Rented Automobile by the Insured.
Damage which is due and confined to wear and tear, freezing, rnechani-cal or electrical breakdown or failure.
Damage to tires urdess the loss is coincident with a covered loss.
Use of the Rented Automobile in tests, races or contests.
The Rented Automobile being operated or located in any territory prohibited by the temps of the Rental Agreement
FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS:
To the extent that this plan provides insurance against damage to a rented motor vehicle, the following terns and conditions apply: (1) the period of insurance ooerage will rat exceed 31 consecutive
days, or 45 consecutive days if the Insured is an employee of an organization which,has provided the Cana to the Insured for business use, and (2) the nnsuancee provided by this plan will be excess
over any other valid and collectible insurance oover4 ng the Rented Automobile. However, the kw ante provided tender this plan may be pricey if spook* provided for under the temps of this plan
and if the tbllowing criteria is met (a) the Rented Automobile is rented for use outside the United States, its territories and possessions, (b) the Insured is an employee of an organization which has
provided the Card to the Insured for business use; and (c) the Rented Automobile is rented Wftut a driver.
HOW TO FILE A CLAIM UNDER EXCESS COLLISION DAMAGE WAIVER: -
In the event of a claim, written or verbal notice must be provided as soon as reasonably possible.
IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CLAIMS SERVICE CENTER AT: 1.800-CLAIMS-0 (1.800-2524670).
You can also go to the Company Web site (mwch , click on Report a Loss, select Accident, Benefits and Life claims, select the appropriate form, print out the chin form, fill out and mail. You
can file a claim by mail or fax.
Mailing Address: CHtIBB GROUP OF INSURANCE COMPANIES
CLAIMS SERVICE CENTER
600 INDEPENDENCE PARKWAY
PO BOX 4700
CHESAPEAKE, VA 23327-4700
Fax Number. 1-800300-2538
CLAIM PROCEDURE:
The Insured must send the Company written notice of a claim, including the Insureds name and Policy number, within 90 days after a cowered loss occurs. If notice cannot be given within that time, it
must be given as soon as reasonably possible. To file a swum Proof of Loss, the Insured must send the following information to the Company or its authorized representative:
A copy of the Account statement showing the automobile rental transaction.
A copy of the automobile rental agreement.
• A copy of the police report
A copy of the initial claim report submitted to the automobile Rental Agency.
A copy of the paid claim presented by the automobile Rental Agency for the Collision Damage for Which the Insured is responsible.
Proof of submission of the loss to, and the results of any settlement or denial by the applicable insurance carrier(s).
If no other insurance is applicable, a notarized statement from the Insured to that effect
Reminder. Please refer to the Insurance Disclosures section.
INSURANCE DISCLOSURES
As a handy reference guide, please read this document and keep it in a safe place with your other insurance documents. This Summary of Cover-age is not a contract of insurance but is simply an
informative statement ro eligible Insureds of the principal provisions of the insurance while in effect Complete provisions pertaining to this plan of insurance are contained in the master policy on file with
DFS Services LLC, herein referred to as the Policyholder. If a statement in this Summary of Coverage and any provision in the policy differ, the policy will govern.
Policy Underwritten By Plan Adrrbstrator
Federal Insurance Cornparry CCompany") The Direct Marketing Group, Inc,
a member of the 13265 Bedford Avenue
Chubb Group of Insurance Companies Ornaha, NE 68164
15 Mountain View Road, PO Box 1615
Warren, New Jersey 07061-1651
, Master Policy Number. 9906-17-63
Effective date of benefits: Effective April 1, 2007, this guide replaces all prior disclosures, program descriptions, advertising and/or brochures by any party. Policyholder and Company reserve the right 11
to change the benefits and features of these programs at any time.
Cancellation: Policyholder can cancel these benefits at any time or choose not t0 renew the insurance coverage for all authorized Cardmembers. If Policyholder does cancel these benefits, you will be
notified at least 60 days in advance. If the Company terminates, canoels 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 terminations, cancellation or non-renewal, subject to the terms and conditions of coverage.
Benefits to you: These benefits apply only to Cardmembers whose cards are issued by U.S. financial institutions. The United States is defined as the 50 United States, the District of Columbia,
American Samoa, Puerto Rico, Guam and the U.S. Virgin Islands. No person or entity other than the Cana-member shall have any legal or equitable right remedy, or claim for insurance proceeds
and/or damages under or arising out of this coverage. These benefits do rot apply I your Card privileges have been cancelled. However, insurance benefits will still apply for any benefit you were
eligible for prior to the date that your Account is suspended or canceled subject to the terms and conditions of coverage of your Cardmember Agreement
Transfer of rights or benefits: No rights or benefits provided under these insurance benefits may be assigned without the prior written consent of the Company.
Misrepresentation and Fraud: Coverage of the Insured W11 be void if, at any time, the Insured has concealed or misrepresented any material fact or circumstance concerning this coverage or the
subject thereof or the interest of the Insured herein, or in case of any fraud or false swearing by the Insured relating thereto.
Coverage for an Insured will be void f, whether before or after a loss, the Policyholder or its subscribing organization(s) has concealed or mismpre-seated any material fact or circumstance concerning
this coverage or the subject thereof or the interest of the Insured therein, or in case of any fraud or Use swearing by the Policyholder or its subscribing organ-za-lion(s) relating hereto.
Addition of New Insureds: All eligible persons will be automatically insured under this Policy.
Examination Under Oath: It is a condition of this insurance that the Insured and the Policyholder, as often as may be reasonably required by the Company, will submit, and within its power cause
others to submit, to examinations under oath and will produce for examination all writings, books of account bills, invoices and other vouchers, or certffied copies thereof if originals are lost at such
reasonable time and place as may be designated by the Company or its representative, and coil permit extracts and copies thereof to be made. No such examination under oath,
exami-nation of documertls or any other act of the Company, its employees or representatives in connection Wth the investigation of any loss or claim will be deemed a waiver of any defense and such
ads shall be deemed to have been made or done without prejudice td the Company s Iiabil'dy.
No Benefit to Others: This coverage will in no way inure directly or indirectly to the benefit of any insurer, person or organization or other bailee.
Subrogation: It is a condition of this insurance that if the Company pays the Insured for a loss, it will require the Insured to assign and transfer any claim or right of action against any individual, firm or
corporation for such foss to the Company or subrogate or hold in trust all such rights to the extent of the amount paid. The insured will agree to take action as requested by the Company to enforce such
rights. Upon payment by the Company to the Insured, ft Insured agrees to direct enforcement of such rights as reasonably requested by the Company and to return to the Comparry any recovery to
the extent payment of loss has been made by the Company.
Arbitration: In the event of a dfsp b under this policy, either the Com-parry or the Insured may make a written demand for arbitration. In that case, the Company and the Insured will each select an
arbitrator. The two arti moors WO select a third. If they cannot agree within 15 days, either the Compar>y or the Insured may request that the choice of arbitrator be submitted to the American Arbitration
Association. The arbitration will be held in the state of the Insureds principal residence.
GLOBAL TRAVELER'S HOTLINE TERMS AND CONDITIONS
The Global Traveler's Hotline provides Cardmembers and their families a wide range of he travel assistance benefits. It is operated by AXA Assistance USA, Inc. Visit Disc ovemard.coiMravel to learn
more. r
Eligibility. You must be a Cardmember vhose Account is in good standing, the Cardmember's spouse or dependent child traveling with the
Card-member or an Authorized User of an Account in good standing.
Third-Party Charges. Global Traveler's Hotline is not insurance, so you vril be responsible for all third-party fees and expenses for services requested, such as professional or medical fees.
Availability of Services. Certain services may not be available in all areas. Cal us at 1.8004ASCOVER (1-800.347-2683) for asestance or if you have questions about a specific destination. Outside
the U.S., call us collect at 1-801.902-3100. While AXA Assistance coil make every reasonable effort to provide the services, neither AXA Assistance nor Discover Bank or our respective affiliates will be
liable if a service is rat provided or for any services that are provided by third parties. The services and these terms and conditions are subject to change without notice. '
i
EXHIBIT "C"
New Balance Minimum Payment Due
DISCVEI2 $0.00 $3,386.00
Payment Due Date
November 28, 2010
31 SDSN6A01 0005772
LISA BARNHARDT
MARK BARNHARDT
24 MALLARD CT
MECHANICSBURG PA 17055-4365
Account Number ending in G;74,,
Enter Amount Enclosed Below
$ -
Go paperless and make your account
information more secure with password-
Protected statements only you can access.
Learn more at discover.corlpaperless.
PO BOX 6103 Illrrmll"rrmllrrmrllmllrrl
CAROL STREAM IL 60197-6103
Address, e-mail or telephone change? Itllullunnlllmlulumlmllnnrllllnnrllfllmm??lmmlmmll
Go to wwwMiscover.com or print change in space above.
00
Opening Date: October 12, 2010 • Closing Date: October 31, 2010 page 1 of 1
Discover More Card Account Summary Payment Information
New Balance $0.00
Minimum Payment Due $3,386.00
Account number ending in 4348 Payment D. Date November 28, 2010
Previous Balance $17,659.25
Payments And Credits - 17,659.25
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Interest Charged + 0.00
_
Fees Charged + 0.00
New Balance $0.00
See Interest Charge Calculation section Following
transactions for detailed APR information
Credit Line $16,100.00
Credit Line Available $0.00
Cash Advance Credit Line $8,100.00
Cash Advance Credit Line Available $0.00
Cashback B7US Anniversary Month
June
opening Cash$ 0.00
New Cashbac+ 0.00
Bn$ 0.00
To learn more, locom
Late Payment Warning: If we do not receive your minimum
payment by the date listed above, you may have to pay a late
fee of up to $35.00.
Manage Your Account Online at www.Discover.com
• Securely access statements and free online tools, pay bills
online and track and view all transactions simply and easily
• Make your money worth moresm-find easy ways to earn
and redeem cosh rewards
• NEWI Access your account securely through your
mobile phone
3 Easy Ways to Contact Us
1. Access your account securely at www•Discover•com
2. Call 1.800-DISCOVER (1-800-347.2683)
Please have your Discover®card available.
3. Write to us at Discover, PO Box 30943,
Salt Lake City, UT 84130
For TDD (Telecommunications Device For the Deaf)
assistance, please call 1-800-347-7449.
Transactions
Trans. Post
Dale Dale
659.25
$ -17
Payments and Credits Oct 31 Oct 31 INTERNAL CHARGE-OFF ,
TOTAL FEES FOR THIS PERIOD $ 0.00
Fees
TOTAL INTEREST FOR THIS PERIOD
$ 0.00
Interest Charged
2010 Totals Year-to-Date TOTAL FEES CHARGED IN 2010 $ 77.00
TOTAL INTEREST CHARGED IN 2010 2,980.96
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
INTEREST CHARGE
ANNUAL PERCENTAGE BALANCE SUBJECT TO
INTEREST RATE
Current Billing Period: 20 days RATE (APR)
$0 $0
Purchases 29.99%
$0 $0
29.99%
Cash Advances
V = Variable Rate
Additional Important Information
If they more than one page to Pots 6111fog +mremeor, zee the back of ea<h page for addaional important informafion.
Important Information.
Continued on reverse side. DISCOVER
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff aW?.-E 4 i
Jody S Smith '4
Chief Deputy 2011 JAN -1 PM 12* 4
Richard W Stewart
lazt
Solicitor ?•`atPL
Discover Bank I Case Number
vs. 2010-7877
Lisa J. Barnhardt
SHERIFF'S RETURN OF SERVICE
12/28/2010 06:10 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on December
28, 2010 at 1810 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Lisa J. Barnhardt, by making known unto herself personally, at 24 Mallard Court,
Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to
her personally the said true and correct copy of the same.
SHERIFF COST: $37.00
January 04, 2011
DENNI FRY, DEP Y
SO ANSWERS,
RON R ANDERSON, SHERIFF
M
DISCOVER BANK
12 Reads Way
New Castle, DE 19720
Plaintiff
VS.
LISA J. B T
24 Mallard Court
Mechanicsburg, Pa 17055-4365
Defendant
NOTICE
TO PLAINTIFF NAMED HEREIN:
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 10-7877 CIVIL TERM
YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED
PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF
OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU.
6 January 2011
FILED-OFFICE
Of TIE PROTHONOTARY
CUt i C ! ! t."iJ"T?r
Samuel L. Andes
Attorney for Defendant
Supreme Court ID 17225
525 North 12th Street
P.O. BOX 168
Lemoyne, PA 17043
(717) 761-5361
1
40 .
DISCOVER BANK
12 Reads Way
New Castle, DE 19720
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
LISA J. B T
24 Mallard Court
Mechanicsburg, Pa 17055-4365
Defendant
NO. 10-7877 CIVIL TERM
PRELIMINARY OBJECTIONS OF DEFENDANT LISA J. BARNHARDT
AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and
makes the following Preliminary Objections to Plaintiff's Complaint:
COUNTI
MOTION TO STRIKE FOR LACK OF LAWFUL VERIFICATION
1. Plaintiff's Complaint is not verified by an officer or other proper representative of
Plaintiff.
2. Plaintiff's Complaint is not verified by any lawful or authorized representative of
Plaintiff.
3. The Pennsylvania Rules of Civil Procedure require all pleadings to be verified.
WHEREFORE, Defendant moves the court to strike Plaintiff's Complaint for failure to
comply with the Rules of Civil Procedure and to have its Complaint lawfully verified.
COUNT II
MOTION TO STRIKE FOR FAILURE TO JOIN AN INDISPENSABLE PARTY
4. The credit account which Plaintiff seeks to collect was issued to both Defendant and
her husband Mark S. Barnhardt.
5. Plaintiff's own documents, attached as exhibits to its Complaint, identified both
Defendant and her husband Mark S. Barnhardt as cardholders liable for Plaintiff's claim.
6. Mark S. Barnhardt benefitted from the existence and use of the credit account on
which Plaintiff now seeks to collect.
7. Plaintiff, without any explanation, has failed to commence this action against Mark S.
Barnhardt who is equally liable on the credit account on which Plaintiff now seeks to collect.
8. Plaintiff has failed to include in this action a party whose participation is
indispensable to the proper resolution of this case and determination of liability.
WHEREFORE, Defendant moves the court to strike Plaintiff's complaint for failure to
join an indispensable party.
el L. Andes
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
P.O. Box 168
Lemoyne, Pa 17043
(717) 761-5361
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing document upon counsel for the
Plaintiff herein by regular mail, postage prepaid, addressed as follows:
Edward Stock, Esquire
804 West Avenue
Jenkintown, PA 19046
Date: 6 January 2011 Onz?-4 721. ?q&?jo
Amy arkins
ecretary for Samuel L. Andes
t
STOCK & GRIMES, LLP
BY: FRANCIS X. GRIMES, ESQUIRE
ID #:62404
804 West Avenue
Jenkintown, PA 19046
(215)576-1900
LEJ-UI= I= 0i-
TIE PRO ANON'' t
Attorney forPlainifI FEB 2B AM !': J5
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DISCOVER BANK
V.
No.: 10-7877 Civil Term
LISA J. BARNHARDT
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Kindly file the attached Verification in substitution of the original Verification filed with
the Complaint.
Date: 2
6I
i
N"
Cls X. RIMES, ESQUIRE
Attorney for Plaintiff
f
VERIFICATION
1, JAMES BALL, hereby state that I hold the position of Team Leader with DB
Servicing Corporation, and that I am authorized to take this Verification on behalf of DB
Servicing Corporation, successor to DIFS Services LLC, the servicing affiliate of Discover Bank
and Discover Bank, and 1 certify that Discover Sank is issuer and owner of the credit card
obligation of'Lisa J. Barnhardt (card number 6011-0029-6589-4348) and that the balance owed
as of October 31, 2010 was 517,659.25.
The Plaintiff lacks sufficient knowledge or information to execute this verification,
however, i have sufficient knowledge and information in my position as Team Leader with DB
Servicing Corporation which is a subsidiary of Plaintiff and is the servicing affiliate of`Plaintl IT
THAT, in my capacity as Legal Placement Account Managcr, 1 have access to records
regarding the Discover Card Account of the above referenced Debtor(s), further, that 1 have
personally inspected said Account and statements regarding the balance due on said account. DB
Servicing Corporation maintains these records in the ordinary course of business.
I further certify that Discover Bank is the owner of the credit card obligation of
Defendant(s), and that the facts contained in the within pleading are true and correct to The best
of his knowledge, information and belief.
1 understand that the statements made herein are made subject to the penalties of 18 PA,
CS. Section 4504 relating to unswom falsification to authorities.
Date: 2-11-11
C" 7 N
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STOCK & GRIMES, LLP cn ? N
BY: Francis X. Grimes, Esquire Attorney for Plaintiff -<:I' m o
ID No.: 62404
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804 West Avenue =? `? -' ZZ3
Jenkintown, PA 19046 ra rr,
(215-576-1900)
DISCOVER BANK : COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
NO.: 10-7877
LISA J. BARNHARDT
PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS
COUNTI
1. Denied as stated. On the contrary, Pa.R.C.P. 1024 (c) states in pertinent part: "The
verification shall be made by one or more of the parties filing the pleading unless all of the
parties (1) lack sufficient knowledge or information, ... In such cases, the veri fication may be
made by any person having sufficient knowledge or information and belief..". Plaintiff has
attached a notarized Affidavit to Plaintiff's Complaint from the servicing agent of the Plaintiff
who maintains and controls the business records pertaining to the account holders. Plaintiff has
since substituted its Verification, a copy of which is attached hereto as Exhibit "A".
2. Denied as stated. On the contrary, Pa.R.C.P. 1024 (c) states in pertinent part: "The
verification shall be made by one or more of the parties filing the pleading unless all of the
parties (1) lack sufficient knowledge or information, ... In such cases, the verification may be
made by any person having sufficient knowledge or information and belief...". Plaintiff has
attached a notarized verification from the servicing agent of the Plaintiff who maintains and
controls the business records pertaining to the account holders. Plaintiff has since substituted its
,..
Verification, a copy of which is attached hereto as Exhibit "A".
3. Admitted.
WHEREFORE, Plaintiff respectfully request that this Court overrule the Defendant's
preliminary objection.
COUNT II
4. Admitted in part, denied in part. It is admitted that the credit account was issued to
the Defendant and her husband Mark S. Barnhardt. By way of further response, it is denied that
the account was issued with knowledge that the Defendant may have forged her husband's name
to the credit Application.
5. Admitted in part, denied in part. It is admitted that the credit account was issued to
the Defendant and her husband Mark S. Barnhardt. By way of further response, it is denied that
the account was issued with knowledge that the Defendant may have forged her husband's name
to the credit Application
6. Denied as stated. Plaintiff is without sufficient knowledge or information to know
the truthfulness of the Defendant's averment, deny same and demand strict proof.
7. Denied. On the contrary, Plaintiff is governed by Federal Law, Fair Debt
Collections Practices Act, and as a result of the Defendant's dispute regarding his signature and
such further documentation as needed, Plaintiff has rightfully not proceeded against the
Defendant's husband in this matter.
8. Denied. On the contrary, Plaintiff is governed by Federal Law, Fair Debt
Collections Practices Act, and as a result of the Defendant's dispute regarding his signature and
such further documentation as needed, Plaintiff has rightfully not proceeded against the
Defendant's husband in this matter.
WHEREFORE, Plaintiff respectfully request that this Court overrule the
Defendant's preliminary objection.
Date: 2 ???
FRANCIS X. G
Attorney for Pla
STOCK & GRIMES, LLP
BY: Francis X. Grimes, Esquire Attorney for Plaintiff
ID No.: 62404
804 West Avenue
Jenkintown, PA 19046
(215-576-1900)
DISCOVER BANK : COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
NO.: 10-7877
LISA J. BARNHARDT
PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION OF
DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED
COMPLAINT
1. MATTER BEFORE THE COURT
Defendant filed Preliminary Objections to Plaintiff's Amended Complaint. Plaintiff files
the within Memorandum of Law in Opposition to Defendant's Preliminary Objections.
2. STATEMENTS OF QUESTIONS INVOLVED
A. T he question involved is: Whether the verification attached to Plaintiff's
Complaint is in accordance with Pa.R.C.P. 1024 (c )?
Respondent, Plaintiff, request that this question be answered in the affirmative
and enter an Order Overruling Defendant's Preliminary Objection.
B. The question involved is: Whether Plaintiffs Complaint fails to include an
indispensable party?
Respondent, Plaintiff, request that this question be answered in the negative and
enter an Order Overruling Defendant's Preliminary Objections.
3. FACTS
Plaintiff commenced this action for, inter alia, breach of contract regarding an
outstanding balance due on a credit card account and unjust enrichment for the use of a discover
card and failure to pay for the extension of credit.
4. ARGUMENT
For purposes of testing the legal sufficiency of the challenged pleading, a demurrer
admits as true all well-pleaded facts and every inference fairly deducible from those facts. Hess
v. Fox Rothschild, LLP, 925 A.2d 798, 805 (Pa. Super. 2007). Preliminary Objections which
result in the dismissal of a claim may be sustained only in cases that are clear and free from
doubt. Burgoyne v. Pinecrest Community Association, 924 A.2d 675, 679 (Pa. Super. 2007).
"To be clear and free from doubt that dismissal is appropriate, it must appear with certainty that
the law would not permit recovery by the Plaintiff upon the facts averred."
The purpose of pleadings is to place a defendant on notice of the claims upon which the
defendant will have to defend. City of Newcastle v. Uzamere, 829 A.2d 763, 767-768 (Pa.
Cmwlth. 2003), Yacoub v. Lehi Valley Medical Associates, 805 A.2d 579, 588 (Pa. Super.
2003), app denied, 573 Pa. 692, 825 A.2d 639 (2003). In determining whether the allegations of
a complaint have been stated with the necessary specificity, the court should not focus upon one
paragraph of the complaint in isolation, Yacoub, 805 A.2d at 589, and should instead examine
the paragraph in context with all other allegations in the complaint. Rachlin v. Edmison, 813
A.2d 862, 870 (Pa. Super. 2002).
Defendant's first preliminary objection challenges the verification attached to Plaintiff s
Complaint because it is not signed by a party, but rather is signed by Plaintiff's counsel. On the
contrary, Pa.R.C.P. 1024 (c) permits the signing of the Verification by counsel when the parties
are outside the jurisdiction. In addition, the Verification by counsel further provides that it would
substitute the Verification, which Plaintiff has since done.
Pa.R.C.P. 1024(c ) states in pertinent part: "The verification shall be made by one or more
of the parties filing the pleading unless all of the parties (1) lack sufficient knowledge or
information, ... In such cases, the verification may be made by any person having sufficient
knowledge or information and belief..". Plaintiff has attached a notarized verification from the
servicing agent of the Plaintiff who maintains and controls the business records pertaining to the
account holders.
DB Servicing Corporation, a successor to DFS Services LLC, is the servicing agent of
Discover Bank and executed the substituted sworn verification to Plaintiff's Complaint. The
Plaintiff is affiliated with DB Servicing Corporation and DB Servicing Corporation maintains the
books and records on behalf of Discover Bank relating to account holders such as the Defendant.
The substituted Verification to Plaintiffs Complaint by DP Servicing Corporation specifically
states "That this affidavit is made on the basis of my personal knowledge and in support of
Plaintiffs suit on account against the Debtor(s)". The substituted Verification to Plaintiffs
complaint is in full compliance with Pa.R.C.P. 1024 therefore, the Defendant's preliminary
objection must be overruled.
The Defendant's second preliminary objection contends that the Plaintiff has failed to
include an indispensable party, the Defendant's husband, to Plaintiffs action because the
Defendant's husband's name is on the Application. The Defendant contention is incorrect.
Plaintiffs collection activity pertaining to the collection of the Defendant's obligation is
governed by the Fair Debt Collections Practices Act. 15 U.S.C. §§ 1692-1692p. Specifically,
section 1692(g)(b) provides that a debt collector must cease collection activity if the debt, or any
portion of the debt is disputed. The Defendant's husband has disputed this debt and has alleged
that the signature on the Discover Application is not his signature. In addition, the Defendant's
husband has supplied a signature exemplar in support of the his allegation. Thus, the Plaintiff is
precluded from pursuing litigation against a debtor when it is disputed and, as in this case, the
verification of the debt as it pertains to the Defendant's husband is suspect.
Moreover, should the Defendant believe that the Defendant's husband's did execute the
Discover Application and is jointly liable, the Defendant can join the Defendant's husband and,
in turn, respond to her husband's contention that the Defendant forged his signature to the
Application..
5. RELIEF
Moving Plaintiff respectfully request that this Court enter an Order overruling
Defendant's Preliminary Objections.
Respectfully submitted:
n- ,
FRANCIS X.
Attorney for l
STOCK & GRIMES, LLP
BY: Francis X. Grimes, Esquire
ID No.: 62404
804 West Avenue
Jenkintown, PA 19046
(215-576-1900)
DISCOVER BANK
VS.
LISA J. BARNHARDT
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 10-7877
CERTIFICATE OF SERVICE
I, Francis X. Grimes, Esquire, attorney for Plaintiff, hereby certify on the date set forth
below, that I served a true and correct copy of Plaintiff s Response and Memorandum in
Opposition to Defendant's Preliminary Objections on all parties or their attorney by regular pre-
paid first class mail on the date indicated below.
Date: L
i?
f
X. Grimes, Esquire
y for Plaintiff
EXHIBIT "A"
ATTORNEY:
ACCOUNT NUMBER:
BALANCE:
CARDMEMBER (S):
STATE OF OHIO
COUNTY OF FRANKLIN
STOCK
8
$17,659.25
LISA J BARNHARDT
MARK S BARNHARDT
Ciaran Malys, personally appeared before me, on this day and after being duly sworn, according to law, and
upon my oath and state as follows:
I am a Legal Placement Account Manager for DFS SERVICES LLC, the servicing agent of DISCOVER
BANK, an FDIC insured Delaware State Bank.
THAT this affidavit is made on the basis of my personal knowledge and in support of the Plaintiffs suit on
account against the Debtor(s).
THAT, in my capacity as Legal Placement Account Manager, I have access to records regarding the Discover
Card Account of the above referenced Debtor(s), further, that I have personally inspected said Account and
statements regarding the balance due on said account. DFS SERVICES LLC maintains these records in the
ordinary course of business.
THAT the account is in default.
THAT Exhibit A is a true and accurate statement of what is now due and owing Discover Bank on the account.
Based on my review of the account records, to the best of my knowledge and belief the above referenced
Debtor(s) is not engaged in the military services of the United States and is a resident of the State and of the
Country in which this action has been filed.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
(//?- "' C?
Affiant
SUBSCRIBED TO AND SWORN TO before me
Notary Public for the State
Residing at :
My Commission expires:
PHYLUSASCHOLEY
Notary
my
Novembe ZMi1
2010.
STOCK & GRIMES, LLP
BY: FRANCIS X. GRIMES, ESQUIRE
ID #:62404
804 West Avenue
Jenkintown, PA 19046
(215)576-1900
Attorney for Plaintiff
L J -; -
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, :PENNSYLVANIA
CIVIL ACTION - LAW
DISCOVER BANK
v.
LISA J. BARNHARDT
No.: 10-7877 Civil 'Tenn
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Kindly file the attached Verification in substitution of the original Verification filed
with the Complaint.
Date: ARANCIS X. G ES SQUIRE
Attorney for Pl intif
SfZX=?
VERIFICATION
I, JAMES BALL, hereby state that I hold the position of Team Leader with Discover
Products Inc. successor to DFS Services LLC, and that I am authorized to take this Verification
on behalf of Discover Products Inc., the servicing agent of Discover Bank, and Discover Bank,
and I certify that Discover Bank is issuer and owner of the credit card obligation of Lisa J.
Barnhardt (card number 6011-0029-6589-4348) and that the balance owed as of November 3,
2010 was 517,659.25.
THAT, in my capacity as Legal Placement Account Manager, I have access to records
regarding the Discover Card Account of the above referenced Debtor(s), further, that L have
personally inspected said Account and statements regarding the balance, due on said account.
Discover Products Inc. maintains these records in the ordinary course of business.
I further certify that Discover Products Inc is the servicing agent .for Discover Bank and
not the owner of the credit card obligation of Defendant(s), and that the facts contained in the
within pleading are true and correct to the best of his knowledge, information and belief:
1 understand that the statements made herein are made subject to the penalties of 18 PA.
C.S. Section 4904 relating to unsworn falsification to authorities.
Date: I ? 3- U
P14 l0
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
---------------------------------------------------------------------------------------------------------------------
CAPTION OF CASE
C r`a
o
(entire caption must be stated in full
t
DISCOVER BANK M
Z-0
m
VS. CC
LISA J. BARNHARDT ?
AC
No. 07877 2010
_ 2:
7F]Vm
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Plaintiffs Response to Defendant's Preliminary Objections
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Francis X. Grimes, Esquire, 804 West Avenue, Jenkintown, PA 19046
(Name and Address)
(b) for defendants:
Samuel. Andes, Esquire, 525 North Twelfth Street, Lemoyne, PA 17043
(Name and Address)
3. I will notify all parties in writing within two days that this case has been listed for
argument. Francis X. Grimes, Esquire
4. Argument Court Date: May 27, 2011
x-1Z
gnature
Francis X. Grimes
Print your name
Discover Bank
April 5, 2011 Attorney for
Date:
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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.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff "-_
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OF F
y c.4rttti, o L?trrif?t?rrt C- ? '"PP0 I;-;rj g E= °.
Jody S Smith
Chief Deputy
1 14 Aft 10:
20 11 JU
Richard W Stewart Solicitor "' 9E?f E3 E lA L A i i; L U N' ! I
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PINNSY! VP,NIAl
Discover Bank
vs. Case Number
Lisa J. Barnhardt (et al.) 2010-7877
SHERIFF'S RETURN OF SERVICE
06/09/2011 07:03 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 9,
2011 at 1903 hours, he served a true copy of the within Complaint to Join Additional Defendant and
Notice, upon the within named defendant, to wit: Mark Barnhardt, by making known unto himself
personally, at 832 Flintlock Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its
contents and at the same time handing to him personally the said true and correct copy of the same.
MICHAEL BARRICK, D PUTY
June 10, 2011
SO ANSWERS,
4RONR ANDERSON, SHERIFF
HON
F.AClientsA13914BamhardtA13914.1.Anwer
Revised: 6/15/11 1 L49AM
1 11 JUN 16 PH 3: 3
Hubert X. Gilroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLEftMBERLAIND c U ? l'
MARTSON LAW OFFICES PENNSYLVANIA
I.D. 29943
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
DISCOVER BANK IN THE COURT OF COMMON PLEAS OF
12 Reads Way CUMBERLAND COUNTY, PENNSYLVANIA
New Castle, DE 19720
Plaintiff
V.
LISA J. BARNHARDT
24 Mallard Court
Mechanicsburg, PA 17055-4365
Defendant
V.
MARK S. BARNHARDT
832 Flintlock Ridge Road
Mechanicsburg, PA 17055
Defendant
: CIVIL ACTION - LAW
NO. 2010-7877
ANSWER TO COMPLAINT OF DEFENDANT AGAINST ADDITIONAL DEFENDANT
Mark S. Barnhardt, by and through his attorneys, MARTSON LAW OFFICES, sets forth the
following in response to the Complaint against Additional Defendant filed by Defendant, and avers
the following:
1. Admitted
2. Admitted.
3. Admitted that Defendant Lisa J. Barnhardt incorporates the averment of the
Complaint filed by Plaintiff, Discover Bank. Denied that any of the averments in the
Complaint are accurate. Additional Defendant lacks sufficient information to
determine the truth or falsity of said averments in the Complaint. Proof thereof is
demanded.
4. Denied that Additional Defendant is directly liable to Plaintiff.
5. Denied that Additional Defendant joined in the original application for the credit
card, and further denies that Additional Defendant authorized Defendant, Lisa J.
Barnhardt, to apply for and obtain the credit card account.
6. Denied that Additional Defendant used the credit card account for any purchases and
denied that Additional Defendant directly benefitted from the use of the credit card
by Defendant Lisa J. Barnhardt.
7. Denied that Additional Defendant is jointly liable with Defendant for any reason. In
the alternative, said allegations are Conclusions of Law and a responsive pleading
is not required.
8. Denied that Additional Defendant is liable over to Defendant Lisa J. Barnhardt for
the claims set forth in the Plaintiff's Complaint. In the alternative, said allegations
are Conclusions of Law and a responsive pleading is not required.
WHEREFORE, Additional Defendant, Mark Barnhardt, requests that the Complaint against
him in this matter be dismissed
MARTS LA FICES
By AW
Hubert X. Gi oy, Esquire
10 East High Street
Carlisle, PA 17013
/ (717) 243-3341
Date: June C ,201 1 Attorneys for Additional Defendant
VERIFICATION
The foregoing Answer is based upon information which has been gathered by my counsel
in the preparation of the lawsuit. The language of the document is that of counsel and not my own.
I have read the document and to the extent that it is based upon information which I have given to
my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent
that the content of the document is that of counsel, I have relied upon counsel in making this
verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities; which provides that if I make knowingly false
averments, I may be subject to criminal penal es.
'J
MARK BARNHARDT
7? ilk IT
DISCOVER BANK
12 Reads Way
New Castle, DE 19720
Plaintiff
201 1 JUN 16 P°? 3: u 0
CUMBERLAilb COUi
PENNSYI,'00I!A
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
LISA J. B T
24 Mallard Court
Mechanicsburg, Pa 17055-4365
Defendant
vs.
MARK BARNHARDT
832 Flintlock Ridge Road
Mechanicsburg, PA 17055
Additional Defendant
NO. 10-7877 CIVIL TERM
ACCEPTANCE OF SERVICE
I hereby enter my appearance for the Additional Defendant Mark Barnhardt and accept
service of the Complaint against the Additional Defendant in the matter this date.
Date:dta`t( I r 3011
Hubert
Gilroy, Esquire
Atto ey for Additional Defendant
Su reme Court ID # Wff
Martson Law Office
10 East High Street
Carlisle, PA 17013
Telephone: 717-243-3341
PRAECIP FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
CAPTION OF CASE
(entire caption must be stated in full) C--
AGO
M -0
DISCOVER BANK
VS.
-0
LISA J. BARNHARDT
.C-C3) :z
=C:)
No. 7877 2010
N)
1. State matter to be argued(i.e., plaintiffs motion for new trial,defendant's demurrer to
complaint,etc.):
Plaintiffs Motion for Summary Judgment
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Francis X Grimes,Esquire,804 West Avenue,Jenkintown,PA 19046
(Name and Address)
(b) for defendants:
Samuel L. Andes, Esquire, 525 North Twelfth St. P.O. Box 168. Lemgyne, PA 17043
(Name and Address)
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
May 10,2013
'g u re
F/anclis X. (Grimes
Print your name
xl
Date: Attorney for Plain-t-iff-
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 14 days prior to argument.
3.The responding party shall file their brief 7 days prior to argument.
4.If argument is continued now briefs must be filed with the COURT
ADMINISTRATOR(not the Prothonotary)after the case is rellsted.
?2
w
STOCK&GRIMES, LLP Attorney for Plaintiff
By: FRANCIS X. GRIMES, Esquire
I.D.#62404
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
LISA J. BARNHARDT NO.: 10-7877
CIVIL ACTION-LAW
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the Argument
Praecipe on the date indicated below to all parties or their attorneys of record.
by: X regular first class mail
certified mail
other
DATE:
F IS X. GRIMES, SQUIRE
Atto ey for Plaintiff
DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
LISA J. BARNHARDT,
DEFENDANT NO. 10-7877 CIVIL
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
BEFORE EBERT, J., MASLAND, J. AND PECK, J.
ORDER OF COURT
AND NOW, this 10th day of May, 2013, upon consideration of the Plaintiff's
Motion for Summary Judgment, the Plaintiff's Memorandum of Law in Support of
Granting Summary Judgment, the Court noting that the Defendant failed to respond to
the Motion for Summary Judgment or to file a brief and after oral argument at which the
Defendant did not appear;
IT IS HEREBY ORDERED AND DIRECTED that the Motion for Summary
Judgment is GRANTED and Judgment is entered in favor of the Plaintiff, Discover
Bank and against the Defendant, Lisa J. Barnhardt, in the amount of $17,788.25
($17,659.25, plus court costs of$129.00).
By the Court,
M. L. Ebert, Jr., J
C—D
Francis X. Grimes, Esquire a -a
Attorney for Plaintiff7 �'
,,-Cisa J. Barnhardt
Defendant '
2,C) =i M
bas ;'" r.-;.
CA
STOCK& GRIMES, LLP Attorney for Plaintiff
By: Francis X. Grimes, Esquire
I.D.#62404
804 West Avenuer
Jenkintown, PA 19046 p :
(215) 576-1900 pc7
C_— -�
DISCOVER BANK COURT OF COMMON PLEAS "
Plaintiff CUMBERLAND COUNTY, PA
CIVIL ACTION-LAW
VS.
LISA J. BARNHARDT NO. 10-7877 CIVIL
Defendant
PRAECIPE FOR ENTRY OF JUDGMENT
Kindly enter Judgment in favor of the Plaintiff, Discover Bank, and against
the Defendant, Lisa J. Barnhardt, in the sum of$17,788.25, in accordance with the
attached Court Order dated May 10, 2013.
DATE: 5/20/13
FRIIS X. GRIMES, ESQUIRE
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DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
LISA J. BARNHARDT,
DEFENDANT NO. 10-7877 CIVIL
IN RE: PLAINTIFFS MOTION FOR SUMMARY JUDGMENT
BEFORE EBERT, J., MASLAND, J. AND PECK, J.
ORDER OF COURT
AND NOW, this 10th day of May, 2013, upon consideration of the Plaintiff's
Motion for Summary Judgment, the Plaintiffs Memorandum of Law in Support of
Granting Summary Judgment, the Court noting that the Defendant failed to respond to
the Motion for Summary Judgment or to file a brief and after oral argument at which the
Defendant did not appear;
IT IS HEREBY ORDERED AND DIRECTED that the Motion for Summary
Judgment is GRANTED and Judgment is entered in favor of the Plaintiff, Discover
Bank and against the Defendant, Lisa J. Barnhardt, in the amount of$17,788.25
($17,659.25, plus court costs of$129.00).
By the Court,
M. L. Ebert, Jr.,
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Francis X Grimes, Esquire
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Attorney for Plaintiff MW
Lisa J. Barnhardt
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Defendant
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STOCK& GRIMES, LLP Attorney for Plaintiff
BY: Francis X. Grimes, Esquire
I.D.#62404
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
Plaintiff
VS. No. 10-7877 CIVIL
LISA J. BARNHARDT
Defendant(s)
CERTIFICATION PURSUANT TO PA R.C.P. 237
Pursuant to Pa. R.C.P. 237 (notice of praecipe for final judgment or decree), I certify
that a copy of this praecipe has been mailed to each other party who has appeared in the action
or to his/her Attorney of Record.
DATE: 5/20/13
F CIS X. GRIMES, ESQUIRE
PRESSLER and PRESSLER, LLP File # B241009A
Ralph Gulko , Esq.
ID# 32771
804 West Avenue
Jenkintown, PA 19046
1-215-576-1900
DISCOVER BANK
Plaintiff COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. : 10-7877
LISA J BARNHARDT
Defendant
ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of the Plaintiff, DISCOVER
BANK as co-counsel in the above captioned matter.
Date: S Z` By:
Ralph Gul o Esq.
Attorney for Plaintiff
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PRESSLER and PRESSLER, LLP
Ralph Gulko , Esq.
ID# 32771
804 West Avenue
Jenkintown, PA 19046
1-215-576-1900
File # B241009A
Attorney for Plaintiff
DISCOVER BANK
Plaintiff
VS.
LISA J BARNHARDT
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 10-7877
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Kindly mark the Judgment entered in regard to the above captioned
case satisfied of record.
Date:
7,f4 3o73 3 a? 7,,3