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11-3510
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Plaintiff(s) Docket No.: 2011-03510 V. Jeffrey W. Porter, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm 210 Grant Street, #301 Pittsburgh, PA. 15219 (412)521-2000 Ashley M. Derr, Esquire Pa. Supreme Court I.D. 306604 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Plaintiff(s) V. Jeffrey W. Porter, Defendant(s) f- Docket No.: 2011-03510 •i =o `' 5; c-- ._ . . PRELIMINARY OBJECTIONS TO COMPLAINT Now comes the Defendant, by and through counsel, the J. Murphy Firm, and Ashley M. Derr, Esquire and bring(s) and file(s) the within Preliminary Objections to Complaint, averring in support thereof as follows: OBJECTIONS TO CONTRACT CLAIMS 1. The Complaint references a credit agreement or contract. 2. No averment is made as to whether said agreement is oral, or written. 3. The foregoing amounts to a violation of Pa. R.C.P. §1019(h), as amended, which requires that, "When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written." 4. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(2) for violation of rule of court 1019(h). 5. Although the Complaint references a credit agreement or contract, no copy of the agreement or contract is attached thereto. 6. The foregoing amounts to a violation of PA. R.C.P. §1019(i). 7. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. §1028(a)(2) for failure to conform to Rule of Court 1019(i). OBJECTIONS DIRECTED TOWARD LACK OF SPECIFICITY 8. Pa. R.C.P. 1019(f) requires, inter aiia, that items of special damage be pled with specificity. 9. In the context of a credit card case, items of special damage, which are to be specifically pled, include the dates and amounts of charges, fees, fines, interest, and the like. 10. In the context of a credit card case, the requirements of 1019(f) are normally met by attaching copies of an un-interrupted chain of credit card statements, starting with a zero balance and ending with a statement showing the amount sought in the complaint. 11. It is respectfully submitted that the neither the Complaint, nor the documents attached thereto, specifically plead the items of special damage underlying the case. 12. This renders the Complaint the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(2), for failure to conform to Rule of Court 1019(f), and the proper subject of preliminary objections, pursuant to Pa.R.C.P. 1028(a)(3) for insufficient specificity. WHEREFORE, Defendant respectfully prays that the Complaint filed by the Plaintiff be dismissed with prejudice, or, in the alternative that the complaint be stricken, and the Plaintiff be required to plead over in accord with the Rules of Court. Respe fully Sub, ), // 1 -4 / -A -4 -0 I - V- -- x " Ashley M. Der IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Plaintiff(s) Docket No.: 2011-03510 V. Jeffrey W. Porter, Defendant(s) - ORDER - On this day of , 20 , it is hereby ORDERED that Plaintiff's Complaint is stricken. Plaintiff may file an amended complaint within 30 days. If Plaintiff fails to file an amended complaint within the time set forth above, the Prothontary, upon praecipe of the Defendant, shall dismiss this case with prejudice. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Discover Bank, Plaintiff(s) Docket No.: 2011-03510 V. Jeffrey W. Porter, Defendant(s) CERTIFICATE OF SERVICE I, Ashley M. Derr, counsel for the Defendant in the above captioned matter, do solemnly swear that the foregoing aPRELIMINARY OBJECTIONS TO COMPLAINT 0 'BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO COMPLAINT MOTION/REQUEST/PRAECIPIE FOR ARGUMENT were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: James C. Warmbrodt Weltman, Weinberg and Reis Co., LPA 436 Seventh Avenue, Suite 1400 Pittsburgh, Pa 15219 Respectfully Submitted, Ashley Derr Monday, April 18, 2011 C= C=P co 4 o - c? =C) PRAECIPE FOR LISTING CASE FOR ARGUMENT S ewritten and submitted in triplicate) t be t M yp us ( 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) D:5il Aver vs. No. ;r Z-Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): "fill 1A V c -"fir. ) I VM, 1 wl h 11 2. Identify all counsel who will argue cases: (a) for plaintiffs: Ia rA K WA ffibvtf ? WOi G ' (Name and Address) ,J 437"'AveI&ibWk, V -Pa 152) 1 (b) for defendants: h ?Q1 le ice, L . , YY)Why FYt? ?- (Name and Address) 21 a Y ? 4,_M , _PA5bdAi -Pa 162P 3. 1 will notify /?allt 0 ®?e? ritjny? h two days that this case has been listed for argument. ?( 66 M rj 4 Court Date: Date: Lf 116 111 INSTRUCTIONS: 1. 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 rellsted. ®n?q?N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION DISCOVER BANK, Plaintiff, V. JEFFREY W PORTER, Defendant .?- -40 NO: 11-3510 CIVIL =" - 7,C. TYPE OF PI:,EADING: AMENDED COMPLAINT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Submitted by: Plaintiff Sarah E. Ehasz, Esquire Pa M No. 86469 Weltman, Weinberg & Reis, Co, L.P.A. 436 Seventh Avenue Suite 1400 Pittsburgh, Pa 15219 (412) 494-7955 Fax: (412) 494-7959 WWR # 9021378 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff vs. Civil Action No. 11-3510 CIVIL JEFFREY W PORTER, Defendant AMENDED COMPLAINT You have been. sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER. LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD ST CARLISLE, PA 17013 (717) 249-3166 AMENDED COMPLAINT AND NOW, comes the Plaintiff, DISCOVER BANK and files an Amended Complaint, the following of which is a statement thereof: Plaintiff is DISCOVER BANK, a corporation with offices C/O DFS SERVICES, LLC, 6500 NEW ALBANY ROAD NEW ALBANY, OH 43054-0000. 2. Defendant is JEFFREY W PORTER, residing at 95 INDEPENDENCE DR, SHIPPENSBURG, PA 17257. 3. At all times relevant hereto, Plaintiff was engaged only in those activities, including transacting business in interstate commerce, that shall not be considered to be doing business in this Commonwealth, as defined by 15 Pa. C.S.A. §4122. COUNT I-BREACH OF CONTRACT 4. The averments contained in Paragraph 1-3 are incorporated herein by reference thereto as though herein set forth at length. The Plaintiff made an offer to the Defendant to open a credit card account by mailing a DISCOVER BANK credit card, bearing account number XXXXXXXXXXXX3490 along with a written cardholder agreement which contained the terms and conditions of said credit card to the Defendant. A true and correct copy of the terms and conditions of the credit card are attached hereto and made a part hereof as Exhibit "1." The account was opened on April 19, 2010. 6. Defendant subsequently accepted Plaintiff's offer to open the above credit card account by using said card to purchase goods, merchandise, and services. 7. Defendant continued to use the credit card to purchase goods, merchandise, and services and take cash advances. 8. Each month, pursuant to the terms and conditions of the cardholder agreement, the Plaintiff sent the Defendants a monthly statement setting forth the charges and payments made, if any, by the Defendant and the applicable interest rate. A true and correct copy of the Defendants' monthly statements from May 26, 2010 through January 31, 2011 are attached hereto and made a part hereof as Exhibit 112." 9. Pursuant to the terms and conditions of the cardholder agreement, the Defendant was required to pay the total balance due or in the alternative the minimum monthly payment as stated in the monthly statements sent to the Defendant. 10. Defendant made periodic payments on the account with the last payment made on the aforementioned account occurring on June 15, 2010 in the amount of $239.00. 11. Defendant breached the terms and conditions of the agreement between the parties by failing to pay the balance due or make the required monthly payment. 12. The balance due and owing to the Plaintiff on the aforementioned credit card account as of February 3, 2011 was $9,451.79. 1.3. Pursuant to the cardholder agreement, the Plaintiff is entitled to continuing finance charges on any unpaid balances as described in the cardholder agreement and set forth on the Defendant's monthly statement. 14. The continuing interest on the Defendant's account is 19.99% per annum from February 3, 2011. 15. Although repeatedly requested to do so by Plaintiff, Defendant has breached the terms of the cardholder agreement by willfully failing and/or refusing to pay the principal balance, finance charges or any part thereof to Plaintiff. 16. The Plaintiff avers that the "Default Acceleration - Collection Costs" provisions of the cardholder agreement provides that he Defendant will pay Plaintiff's reasonable attorney fees. 17. Plaintiff avers that such reasonable attorney fees shall amount to $125.00. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant, JEFFREY W PORTER, in the amount of $9,451.79, with interest at the rate of 19.99% per annum from February 3, 2011, plus costs and attorney's fees in the amount of $125.00. COUNT II-UNJUST ENRICHMENT 18. The averments contained in Paragraph 1 through 17 above, are incorporated herein by reference thereto as though herein set forth at length. 19. Defendant used her DISCOVER BANK credit card to purchased goods, merchandise, services and take cash advances. 20. By making use of said card, the Defendant has had a benefit conferred upon her through the use and enjoyment of those goods, merchandise and services purchased. 21. Defendant, despite requests to do so, has willfully failed to re-pay the Plaintiff the principal balance, finance charges or any part thereof due, as set forth in the monthly statements, attached as Exhibit "2," and as such has improperly retained the benefit(s) conferred upon him without payment of value in return to the Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant, JEFFREY W PORTER, in an amount not in excess of the arbitration limits. Respectfully Submitted, Sarah E. Ehasz, Esquire PA I.D. 86469 WELTMAN, WEINB RG & IS, CO., L.P.A. 436 Seventh Avenue Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 Fax: (412) 434-7959 WWR # 9021378 Y ,Y.19, 2011 3:55PM No. 09'5 P. 2 VERIFICATION Natasha Szcz iel Legal Placement Account Manager (Name) (Title) of DB Servicing Corporation, servicing affiliate for Discover Bank , (Company) does hereby verify, under penalty of perjury and subject to the penalties of I$ Pa. C.S. § 4904 relating to unsworn falsifications to authorities states, that he/she is a duly authorized representative of plaintiff herein and authorized to make this verification, and that the facts sets forth in the foregoing Amended Complaint are true and correct to the best of his/her knowledge and information and that he/she is personally familiar with the account and the relationship between Discover Bank and DB Servicing Corporation. That Discover Bank, f/k/a Greenwood Trust Company, is a FDIC- insured Delaware State bank, and its servicing affiliate DB Servicing Corporation., extends credit through issuance of the Discover Card. As the servicing affiliate, DB Servicing Corporation performs a variety of services for Discover Bank including, among other things, marketing, application approval, transaction approval, customer service, security, billing and the collection of delinquent accounts. The collection of delinquent accounts includes the right to forward the same to the attorneys and/or collection agencies for collection and to file suit on Discover Bank's behalf. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial' Services. Date JEFFREY W. PORTER 6011006430443490 WWR##9021378 DB Servicing Corporation servicing affiliate for Discover Bank PO Box 3025 New Albany, OH 43054 jc* YOUR DISCOVER 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 13. 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. 02010 Discover Bank, Member FDIC TL22J.0210 IODCMO_02BGH_TL22J0210_01364_reader.indd 1-2 12115/09 1:36:27 PM CARDMEMBER AGREEMENT Please read this Agreement carefully before using your Discovers 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 10 and our Privacy Policy for additional information. The Arbitration of Disputes section on page 11 includes a waiver of a number of rights, inducing the right to a jury tri al. The Right to Reject Arbitration section on pa 13 describes the procedure you must follow if you desire to reject the Arbitration of Disputes secti on. DEFINITIONS ................................................... 2 USING YOUR ACCOUNT ......................................... 2 Your Acceptance of this Agreement ............................ 2 Permitted Uses of Your Account ............................... 2 Prohibited Uses of Your Account ............................... 3 Purchases and Cash Advances in Foreign Currencies ............... 3 Cash Advances .............................................. 3 Balance Transfers ............................................ 3 Credit Authorizations ........................................ 3 Authorized Users ............................................ 3 Unauthorized Use ........................................... 3 Your Credit Lines ............................................ 4 CHANGES TO THIS AGREEMENT ................................... 4 MAKING PAYMENTS ............................................. 4 Promise to Pay .............................................. 4 Monthly Billing Statement .................................... 4 Monthly Payment Options .................................... 5 Automatic Billing Arrangements ............................... 5 How We Apply Payments ..................................... 5 Minimum Monthly Payment .................................. 5 Skip-A-Payment Offers ....................................... 5 Credit Balances .............................................. 5 FINANCE CHARGES .............................................. 6 How We Calculate Periodic Finance Charges ..................... 6 How We Calculate Your Balances .............................. 6 Variable Interest Rates ........................................ 7 Default Rate ................................................ 7 Cash Advance Transaction Fee Finance Charges .................. 8 Balance Transfer Transaction Fee Finance Charges ................ 8 Foreign Currency Transaction Fee Finance Charges ............... 8 Minimum Finance Charge ..................................... 8 Account Set-up Fee Finance Charge ............................ 8 FEES ........................................................... 8 Annual Fee ................................................. 8 Late Fee .................................................... 9 Retuned Payment Fee ....................................... 9 Returned Discover Card Check Fee ............................. 9 Pay-By-Phone ............................................... 9 Research Fee ................................................ 9 DEFAULT AND CANCELLATION .................................... 9 Types of Default ............................................. 9 Consequences of Default ..................................... 9 Cancellation ................................................ 9 PRIVACY AND OUR COMMUNICATIONS WITH YOU ................. 1Q Our Privacy Policy ........................................... 1a Reporting to Credit Reporting Agencies ........................ 1l1 -1 10DCM0 02BOK TL22J0210 01364 reader.indd 3.4 12/15/09 1:36:28 PM Our Communications with You ............................... 10 Releasing Information About Your Account .................... 10 Electroni Notices to You .................................... 10 Notices -',Changes to Your Information ........................ 10 CLAIMS AND DISPUTES ......................................... 10 Merchant Disputes .......................................... 10 Claim Notices .............................................. 11 Arbitrati of Disputes ...................................... 11 Right to ,reject Arbtration ................. . ............. . ... 13 LEGAL INTERRRETATION OF THIS AGREEMENT :::::: 13 Severabillty ... ...... ... .......... 13 Compliance with Interest Rate Limitations ...................... 13 Governlno, Law ............................................. 13 ASSIGNMENT OF ACCOUNT ...................................... 13 DEFINITIONS "Account" means your Discover Card Account. "Authorized User" means any person whom you authorize to use your Account or a'Card, whether you notify us or not. "Card" means any one or more Discover Cards issued to you or someone else with your authorization. "Pricing Schedule" means the document accompanying your Card and listing the Finance Charge rates that apply to your Account. The Pricing Schedule is port of this Agreement. "Vile," "us" and "our" refer to Discover Bank, the issuer of your Discover Caro. "You," "youe or yours" refer to, in addition to you, the Cardmember, any other person or persons who are also contractually liable under this Agreement. USING YOUR ACCOUNT Your Acce ce of this Agreement The use of your Account or a Card by you or an Au honzed User, or your failure to cancel your Account within 30 days after receiving a Card, means you accept this Agreement, including the Arbitration of Disputes section on page 11. You may, however, reject the ArbiVation of Disputes section as explained on page 13. 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 furnish to you, in accordance with such additional terms and conditions as we may offer from time to time. • Cash Advances - to obtain cash advances from participating automated teller mach nes, financial institutions or other locations, the purchase of lottery tick ts, racetrack wagers, vouchers redeemable for cash or for casino chips money orders, travelers checks, savings bonds, foreign currency an wire transfers, or by means of checks which we may furnish to you, all i accordance with such additional terms and conditions as we may offer from time to time. • Balance Transfers - to transfer balances from other creditors or to make other transactions by means of balance transfer coupons or checks, in accordance' with such additional terms and conditions as we may offer from time to time. In addition, our Account may be used to guarantee reservations at participating establishments. You will be liable for guaranteed reservations that are not cancelled prior to the time specified by the establishment. Your Account may be used for personal, family, household and charitable purposes. -2- Prohibited Uses of Your Account Your Account may not be used to obtain loans to purchase, carry or trade in securities, to pay any amount you owe under this Agreement or for any transactions that are unlawful where you reside or where you are physically located when you use the Account to initiate the transaction ("Prohibited 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 government-mandated rate, a government-published rate or the interbank exchange rate, depending on the country and currency in which the transaction is made. The rate used will be the rate in effect on the conversion date for the transaction, which may be different than the Transaction Date as shown on your statement. We charge a Foreign Currency Transaction Fee Finance Charge for each purchase made in a foreign currency as described in the Foreign Currency Transaction Fee Finance Charges section on page 8. Cash Advances. We may periodically offer you promotional 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. Balance Transfers. We may periodically offer you the opportunity 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 a promotional rate, which will be the Annual Percentage Rate that will apply to transferred balances for the time period specified in the offer, subject to the Default Rate 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. Balance transfers subject to the promotional rate are referred to as promotional rate balance transfers; balance transfers for which the promotional rate has expired are referred to as purchase rate balance transfers. Each offer will contain an expiration date. If you attempt to transfer balances by means of a check after the expiration date, we will treat the transaction as a cash advance. We will not make balance transfers attempted by means of a coupon after the expiration date. Credit Authorizations. Certain transactions will require our authorization prior to completion. In some cases, you may be asked to provide identification. We have the right not to authorize a transaction for security or other reasons. Also, if our authorization system is not working, we may not be able to authorize a transaction. We will not be liable to you if any of these events happen. 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 noti us by telephoning 1-800-DISCOVER (1-800-347-2683), or by writing Discover, PO Box 30943, Salt 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 if you think that someone is using your Account or a Card without your permission, notify us immediately. You can notify us by telephoning 1-8004DISCOVER (1-800347-2683), or by writing Discover, PO Box 30943, Salt Lake City, UT 84130-0943. You agree to -3- 10DCMO_02BOK-TL22J0210_01364_reader.indd 5-6 12115/09 1:36:28 PM assist us in determining the facts relating to any theft or possible unauthorized use of your Account or a Card and to comply with such procedures as we may require in connection with our investigation. Your Credit Ones. We will advise you of your Account credit line. We may impose a lower line that will apply to cash advances, referred to as the cash advance credit line. We may also impose a lower line that will apply to balance transfers, referred 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 line, 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 Ime on your balance transfer credit line without notice. The credit available for your use may, from time to time, be less than your Account credit line. Fkpr purposes of determining your available credit, we reserve the right to ppostpone for up to 15 business days reducing your unpaid balances by the amount of any payment that we receive. Your available credit will not be increased by the amount of any credit balance. CHANGES TO THIS AGREEMENT From time to time, we may, to the extent permitted by law, change any tern 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 or delete any term to this Agreement We will give you otice of the change in the time and manner required by law, which indud 4S-days advance written notice in some circumstances. In addition, to a extent required by law, we will offer you the opportunity to re ject a ch nge. For example, law requires, with certain exceptions, that we offer yo the opportunity to reject an increase in a late fee or the elimination a grace period prior to the effective date of the change. If you reject a'I chain e in accordance with the instructions in the notice Provided, wN will dose your Account and you will no longer be able to use It for further (transactions. You can then pay the remaining balance under the unchanged term. We may also change any term of any product service or benefit offered in connecti on v ith your Account We will notify you as required by law or MAKING PAYMENTS Promise to P$y. 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 permit 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 m accept the payment or charge your Account our cost to convert your ?ayment to U.S. dollars. All checks must be drawn on funds on deposit in tit U.S. You may not use a cash advance check, balance transfer check or coupon, or any other promotional check drawn on any Discover Bank credit card account to make payments on your Account. If your Account is a joint Account, each of you agrees to be liable individually and jointly for th' entire amount owed on your Account. We can accept late payments o partial payments or checks and money orders marked payment in Ir or with any other restrictive endorsement without losing any of our ri hts 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 -4- we waive our right to do so as permitted by law. The billing statement will show all purchases, cash advances, balance transfers, Finance Charges and other charges or fees and all payments or other credits posted to your Account during the billing 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% payment is returned unpaid, your required Minimum Payment Due may be higher than shown on your billing statement. See the Minimum 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 stated on your monthly billing statement, as well as the payment cut-off time stated in this section, and we will credit your Account in accordance with those terms and this section. Payments received in proper form at our processing facility by 5PM local time on any day will be credited as of that day. Payments received in proper form at our processing facility after 5PM local time will be credited as of the next day. Automatic Billing Arrangements. If your Account number and/or Card expiration date changes and our records indicate you have automatic billing established with a merchant, we will attempt to provide your new Account information to that merchant. To ensure uninterrupted billing, we recommend thatyou verifythe merchant hasyour new Account information. You must contact the merchant directly K you do not wish to continue the automatic billing arrangement. How We Apply Payments. Each billing period, to the extent your payments exceed the Minimum Payment Due shown on your current billing statement we will apply these excess amounts in order of the Annual Percentage Rate applicable to the balance of each transaction category (as referenced in the Finance Charges section), generally from highest to lowest, beginning with the balance subject to the highest Annual Percentage Rate. Otherwise, we will apply payments and credits at our discretion, including in a manner most favorable or convenient for us. In all cases, we will apply payments and credits in accordance with applicable law. Minimum Monthly Payment The Minimum Payment Due each billing period will equal: (i) the greater of: • 540; • 2% of the New Balance (plus $40 if your New Balance includes a balance transfer balance); or • current Periodic Finance Charges plus Late Fees plus $20; (ii) plus any past due amount. We may also include some or all the amount by which you exceed your Account credit line. When we calculate the Minimum Payment Due, we may subtract from the New Balance certain fees added to your Account during the billing period. The Minimum Payment Due will be rounded up to the nearest dollar and will never exceed the New Balance. 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 -5- 10DCM0_02BOK_TL22J0210_01364_reader.indd 7-8 12/15/09 1:36:28 PM days from regqeipt of your written request. If you do not request a refund, we will auZatically 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 shown on your billing statement, unless a transaction is posted to your Account after the close of the billing period in which it occurs, in which case w! begin to impose Periodic Finance Charges on that transaction from the firstlday 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 shown on your billing statement 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, we will not impose Periodic Finance Charges on new purchases, th#t is,fpurchases first appearing on the current billing statement, or any portio o an ew purchase, paid by the Payment Due Date on your current billin statement. We call this the "grace period." There is no grace period on bat nce transfers or cash advances. As more fully described in the section titled "How We Apply Payments," we generally apply payments to your Account based on the Annual Percentage Rate applicable to the balance of ealch transaction category. This means that if you do not pay the shown on that billing statement, then, depending on the amount of your payment andlthe Annual Percentage Rates on other balances, you may not get a grace period on new purchases. We sort your transactions into groups of purchases, cash advances, and balance transfers and then further sort the transactions within each group by their An ual Percentage Rate. For example, purchases subject to a promotional !rate and purchases subject to a standard rate would be separate grogpps. We refer to these groups as transaction categories. At the end of each', billing period, we compute balances and Periodic Finance Charges for each day of the 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 refe 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 if, because of the grace period no Periodic Finance Charges apply to the balance in a transaction c?tegory. The Daily Periodic Rate is 1/365th of the corresponding Annual Percentage Rate. 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 transact on category on each day by first adding the following to the previous day' daily balance: transactions with a Transaction Date of that day as showni on your billing statement, unless the transaction is posted to your Accountlafterthe 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 -6- the billing period in which it is ported to your Account, fees charged that day and Periodic Finance Charges accrued on the previous day's daily balance; and by then subtracting any credits and payments that are applied against the balance of the transaction category on that day. In calculating the daily balance for the first day of the billing period, we consider the "previous day's 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 transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction category. Variable Interest Rates. One or more Daily Periodic Rates and corresponding Annual Percentage Rates that apply to a transaction category may be variable rates as set forth in your Pricing Schedule or in any special offers you receive from us. Variable Annual Percentage Rates are determined by adding a specified number of percentage points to the Prime Rate. This is shown on the Pricing Schedule as "Prime + (percentage points)." For urposes of this Agreement, the Prime Rate is the highest rate of interest Psted as the "prime rate" in the Money Rates section of The Wall Street Journal on the last business day of the month. The Prime Rate is merely a pricing index and does not represent the lowest or best interest rate available to a borrower at any bank at any given time. ff you have a variable rate, your Annual Percentage Rate will increase or decrease when the Prime Rate changes. This change will be effective beginning with the first day of the billing period that begins during the same month as the change in the Prime Rate. An increase in the Annual Percentage Rate may increase your Minimum Payment Due. Default Rate. Each time that you do not make the Minimum Payment Due by the Payment Due Date we may, in accordance with applicable law: (i) terminate the availability of any promotional Annual Percentage Rates on new transactions; and (ii) increase your Annual Percentage Rates for new transactions to variable Default Rates. Each new variable Default Rate for a new transaction is determined by adding up to 5 additional percentage points to the otherwise applicable Annual Percentage Rate and will vary based on any changes in the Prime Rate. (For example, if the promotional purchase rate was 2.99% and the rate for other purchases was 15.99% and you paid late once, the rate for all new purchases could increase up to 20.99% variable and vary thereafter with the Prime Rate.) When we first determine the variable Default Rates, we use the Prime Rate effective for the billing period in which you pa late. The variable Default Rates are determined in accordance with the Variable Interest Rates section. We will base your Default Rate on your creditworthiness and other factors such as your current Annual Percentage Rates and your Account history. If we increase any of your Annual Percentage Rates to a Default Rate, we will send you a notice, in accordance with applicable law, advising of (i) the date the new Default Rate will apply (the "Default Rate Effective Date'), (ii) the type of new transactions to which it will be applied (note: the new Default Rate will not apply to any other transactions) and, (iii) your right to reject the new Default Rate. New transactions are those transactions which either (i) have a Transaction Date, as shown on your billing statement, of more than fourteen days after we mail or deliver the notice to you or, (ii) if permitted by applicable law, were posted to your Account after the current Default Rate Effective Date. Your Account will not be subject to a Default Rate for the first twelve billing periods after your Account is first opened. -7- 10DCM0_02BOI<_TL22J0210_01364_reader.indd 9-10 12/15/09 1:36:29 PM If your Annual Percentage Rate for purchases, balance transfers or cash advances was, increased to a Default Rate, we will, to the extent required by applicable) law, periodically review your Account to determine if any of your AnnualPercentage Rates should be reduced. Any reduced Annual Percentage Rates on new and existing balances may be different and may be higher than your previous standard Annual Percentage Rates for purchases, balance transfers and/or cash advances or any promotional rate. Cash Advance Transaction Fee Finance Charges. Unless otherwise specified in a cash advance offer, we will charge you a Cash Advance Transaction Fee FINANCE CHARGE of 5% of the amount of each new cash advance with a minimum Cash Advance Transaction Fee FINANCE CHARGE of $10 and no maximum. 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 Discover Card checks, regardless of the purpose for (which used, are subject to Cash Advance Transaction Fee Finance Charges. To obtain the total Finance Charge on cash advances for each billing eriod, we add any Cash Advance Transaction Fee Finance Charges for the billing period charged under this section to any Periodic Finance Char es calculated under the Periodic Finance Charges section for each cash ad ance transaction category and add up these amounts. Balance Transfer Transaction Fee Finance Charges. Unless otherwise specified in a' balance transfer offer, we will charge you a Balance Transfer Transaction Fee FINANCE CHARGE of 5% of the amount of each new balance transfer with a minimum Balance Transfer Transaction Fee FINANCE CHARGE of 10 and no maximum. The imposition of Balance Transfer Transaction Fee Finance Charges may result in an Annual Percentage Rate for balance Onsfers that is higher than the nominal Annual Percentage Rate. To obt in the total Finance Charge on balance transfers for each billing period4 we add any Balance Transfer 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 balance transfer transaction category and add up these amounts. Foreign Currency Transaction Fee Finance Charges. We will charge you a Foreign Currency Transaction Fee FINANCE CHARGE of 2% of the U.S. dollar amount of each purchase made in a foreign currency. The imposition of Foreign Currency Transaction Fee Finance Charges may result in an Annual Percentage hate for purchases that is higher than the nominal Annual Percentage Rate. To obtain the total Finance Charge on purchases for each billing period, we add any Foreign Currency Transaction Fee Finance Charges for the billing period charged under this section to any Periodic Finance Charges calculated under the Periodic Finance Charges section for each purchase transaction category and add up these amounts. Minimum Finance Charge. We will charge you a minimum FINANCE CHARGE of $150 for any billing period in which Periodic Finance Charges of less than S.51 would otherwise be imposed. Account Set-4p Fee Finance Charge. If your Pricing, Schedule accompanying your Card includes an Account Set-up Fee, we will charge you a one-time Account Set-tip Fee FINANCE CHARGE in the amount indicated when we open your Account. FEES Annual Fee. If your Pricing Schedule accompanying your Card includes an Annual Fee, vie will charge you an Annual Fee in the amount indicated. We will charge y u this fee when we open your Account and at the beginning of each anniversary year your Account is open. The Annual Fee is not -8- 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 Fee is based on the sum of all outstanding purchases, cash advances, balance transfers, other charges, other fees and Finance Charges at the end of the billing period for which we did not receive timely payment. H the sum is $250 or less, the fee is $19. If it is greater than $250, the 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 returned unpaid. We will charge you this fee the first time any payment is returned unpaid, even if it is paid upon resubmission. Returned 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-Phone. 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 not charge you a Pay-By-Phone Fee. 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 become insolvent; if you file a bankruptcy petition or have one filed against you; if we have a reasonable belief that you are unable or unwilling to repay your obligations to us; if you are declared incompetent by a court or if a court appoints a guardian for you or a conservator for your assets; if you die. if you fail to comply with the terms of this Agreement, including failing to make a required payment when due, exceeding your Account credit line or using your Card or Account for a Prohibited Transaction; or if you fail to make a required payment when due on any other account you have with us. Consequences of Default If you are in default we may declare the entire balance of your Account immediately due and payable without notice. If we refer the collection of your Account to an attorney or employ an attorney to represent us with regard to recovery of money that yyoou owe us, we may charge you reasonable attorneys fees and court or other collection costs as permitted by law and as actually incurred by us, including fees and costs in connection with any appeal. We may delay enforcing or not enforce any of our rights under this Agreement out losing or waiving any of them. Cancellation. You may cancel your Account by notifying us in writing or by telephone and returning or destroying every Card and unused check that we have provided you. You can notify us by telephoning 1-800-DISCOVER (1-800-347.2683), or by writing Discover, PO Box 30943, Salt Lake City, UT 84130-M3. Of course, you will still be responsible to pay any amount you owe us according to the terms of this Agreement. If your Account is a oint Account, either Cardmember may cancel the Account, but you will Both remain responsible to pay any amount owed to us according to the terms of this Agreement. We may cancel or suspend your Account at any time without notice. We may choose not to renew your Account (beyond the expiration date shown on the face of a Card) without notice. You must return any Card or unused checks to us upon request. -9- 1ODCMO_02BOk_TL22JO210_01364_reader.indd 11-12 12/15/09 1:36:29 PM PRIVACY AND OUR COMMUNICATIONS WITH YOU Our Privacy ''Polio We may from time to time review your credit, employment and income records. We respect the privacy of information about you and your Account Our Privacy Policy includes a summary of the personal information we collect, when it may be shared with others, how we safeguard the confidentiality and security of information and the steps you may take to limit our sharing of such information with others. Please read it carefully as it is part of your Cardmember Agreement. Reporting to Credit Reporting Agencies, As indicated in our Privacy Policy, we may reportt to credit reporting agencies and other creditors the status and payment history of your Account, including negative credit information. Late payments, missed payments or other defaults on your Account maybe reflected in y ur credit report. We normally report to such credit reporting agencies month. If you believe that our report of your Account status is inaccurate or incomplete, please write us at the following address: Discover, PO Sox 15316, Wilmington, DE 19850-5316. Please include your name, address, home telephone number and Account number. Our Communjcations with You. You agree that our personnel may listen to or record tell phone calls between you and our representatives without additional n tice to you, including but not limited to calls we make to collect debts. a may use any medium permitted by law, including but not limited to m il, live telephone calls, automated telephone equipment, prerecorded elephone calls, e-mail and calls to your cell phone to contact you about yo r Account or to offer yyou products or services that may be of value to you.; If you prefer not to be contacted in one or more of these ways, you must either telephone us at 1.800-DISCOVER (1-800.347-2683) or write to us at Discover, PO Box 30961, Salt Lake City, UT 30961-0961 Releasing Information About Your Account We provide various methods by which yo can obtain information about your Account We will only release such Information to you, any Authorized User that our records indicate is an uthorized buyer on your Account and any other person with your prior permission, in addition to as provided in our Privacy Policy or as required by I0w. Our security measures cannot insure against unauthorized inquiries. You agree that we will not be responsible for the release of information :o anyone who, even if without your authorization or permission, h s gained possession of a Card or has learned other identifying characteristi at you such as your personal identification number, Account num er or social security number. Electronic Notices to You. We may offer you the opportunity to receive certain notices from us electronically rather than through the mail, including monthly billing statements and change of terms notices. The terms and co' ditions for receiving these electronic communications will be described in ire offer. Notices - Ch ges to Your Information. If you change your e-mail address, mailing addr or telephone number you must notify us of your new address or t lephone number within 15 days. You can notify us by telephoning I1410DISCOVER (1-800.347.2683) or by writing Discover, PO Box 3094$, Salt Lake City, UT 84130-0943. If your Account is a joint Account, anyl notice we mail to an address you have provided for the Account will serve as notice to both Cardmembers. CLAIMS AND DISPUTES Merchant Di sputes' We are not responsible for the refusal of anyone to accept or honer a Card or to accept checks that we have provided you. If a merchant fails to provide your purchase to your satisfaction and you -10- 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 and/or 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, any prior account you had with us, your application, the relationships which result from your Account or the enforceability of the Agreement or any prior agreement, before initiating, joining or participating 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 ("Claim Notice"), at least 15 days before initiating any Proceeding, explaining in reasonable detail the nature of the claim and any supporting facts; and (2) a reasonable good faith opportunity to resolve the claim without the necessity of a Proceeding. This includes any claims involving our parent corporation, subsidiaries, affiliates (including, without limitation, DFS Services LLC), predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities. Any Claim Notice shall be sent to us at Discover, PO Box 3024, New Albany, OH 43054 (or such other address as we shall subsequently provide to you) (the "Claim Notice Address") or to you at your address appearing in our records or, if you are represented by counsel, to your attorney at your attorney's 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 determine the validity and effect of the Class Action Waiver. Even if 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 briny 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 arbitration shall be conducted, atthe option of whoeverfilesthe arbitration claim, by either the American Arbitration Association (AAA) or JAMS 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, -11- 10DGM0_02BOK.TL22J0210_01364_readecindd 13-14 12/15/09 1:36:29 PM www.adr.orgl(phone 1-800.778-7879) or JAMS at 620 Eighth Ave., Floor 34, New York, N" 10018, www.jamsadr.com (phone 1-800-352-5267). No other arbitration fa rum will be permitted, except as agreed to pursuant to either the Changes to this Agreement section or a writing signed by both parties. If neither A/AA nor JAMS is able or willing to serve as the arbitration administrator and we and you are unable to agree on a replacement administrator or arbitrator, then a court of competent jurisdiction will appoint an administrator or arbitrator or arbitrators (in the case of an appeal to a p, inel of three arbitrators as described below). Unlessconsented to by all part ies, no arbitration may be administered by any administrator or %a" part any arbitrator that has any formal or informal policy, rule or procedurethat is inconsistent with or purports to override the terms of this section. If we elect to resolve a claim or dispute by binding arbitration and the arbitrator issues an award in your favor on a claim or claims with respect to which you would not otherwise be entitled to recover your arbitration filing, administrative and hearing fees, reasonable attorneys' 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 your written request, we will advance any arbitration filing, 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 claim or dispute. Send requests to Discover, 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 would have been responsible for paying "attorneys' 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 oroceeding where such a payment or reimbursement is prohibited by applicable law. Hearings an Decisions. 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 lutes of limitations and shall honor claims of privilege recognized aalaw and shall be authorized to award all remedies permitted by the substantive laws that would apply if the action were pending in court. If req ed by any party, the arbitrator shall write an opinion containing t reasons for the award. The arbitrator's decision will be final and binding xcept 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-arbitrator panel, which shall review the award de noNo. Unless applicable law provides otherwise, the appealing party will pa the cost of the appeal, regardless of its outcome. However, we will consi?er in good faith any reasonable request for us to bear the fees charged by the arbitration administrator and the arbitrators in connection with the appeal. Judgment upon any award by the arbitrator may be enforced in any court having jurisdiction. Other Beneficiaries of this Provision. Our rights and obligations under this arbitration provision shall inure to the benefit 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 aligations third party named as a co-defendant with us or with any of the foregoiin a claim which is subject to this arbitration provision. Your rights and under this arbitration provision shall inure to the -12- benefit of and be binding upon all persons contractually liable under this Agreement and all Authorized Users of the Account. Survival of this Provision. This arbitration provision shall survive termination of your Account as well as voluntary pa ment in full by you, any legal proceedings by us to collect a debt oweby you, any bankruptcy by you and any sale by us of your Account Right to Reject Arbitration. You may reject the Arbitration of Disputes section by providing us a notice of rejection within 30 days after receiving a Card, at the following address: Discover, PO Box 30938, Sak lake ft UT 84130-0938. If you were previously subject to arbitration with respect to any account with us, this right to reject arbitration will not apply to you. Your rejection notice must include your name, address, telephone number, Account number and signature and must not be sent with any other correspondence. Calling us to indicate that you reject the Arbitration of Disputes section or sending a refection notice in a manner or format that does not comply with all applicable requirements is insufficient notice. In order to process your notice, we require that the notice be provided by you directly and not through a third party. Rejection of arbitration will not 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 not send a rejection notice, you will be obligated by the Arbitration of Disputes section with respect to this and any prior account you have had Witt us, even if you have previously sent a rejection notice with respect to that prior account LEGAL INTERPRETATION OF THIS AGREEMENT Severability. If any part of this Agreement becomes unenforceable, it will not make any other part unenforceable, except that if the Class Action Waiver set forth above in the Arbitration of Disputes section is invalidated in any proceeding in which you and we are involved, then the Arbitration of Disputes section will be void with respect to that proceeding. Compliance with Interest Rate Limitations. We intend that this Agreement will comply with applicable interest rate limitations. You will not be required to pay Finance Charges or other charges at a rate that is greater than the maximum amount permitted by law. If it is ever finally determined that but for this section, the Finance Charges or other charges under this Agreement would exceed the maximum lawful amount, the Finance Charges and other charges will be reduced to the maximum lawful amount. Any excess amount that you have already paid will be used to reduce the outstanding balance of your Account or will be refunded to you by means of a check in our discretion. Governing Law. This Agreement and any claim or dispute arising out of this Agreement will 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 without notice to you. You may not sell, assign or transfer your Account without first obtaining our prior written consent. PRIVACY POLICY We are required by federal law to provide you with a copy of our Privacy Policy each year. ff 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. -13- 10DCM0 02BOK-TL22J0210_01364_reader.indd 15.16 12/15109 1:36:29 PM We Respect Your Privacy Our mission is to provide you with superior products and services, along with the peace of blind knowing that the security of your personal information is our top prio We understand your concerns about guarding information about you an your Account. We want to assure you that we have taken steps, and will continue to take steps, to safeguard that information. This Privacy policy describes our efforts to meet these objectives. 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 step9 you may take to limit our sharing of such information with others. See Section 4 for complete details. Please read our Privacy Policy carefully. it will help you understand how we collect and share information. 1. What Personal Information Do We Collect? To serve you better and manage our business, it is important that we collect and maintain accurate personal information about you. We obtain this information rom applications and other forms you submit to us, from your dealings witli us and others, from consumer reporting agencies, and from other sources, such as our Web sites. For example: • We may obtain information such as your name, address and date of birth from applications and other forms you submit to us. • We may o tain 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-mail address, your computer's operating system and Web browser, your Web site use and your product and service preferences from your visits to Web sites. 2. Is Personal] Information Shared with Others? We limit the sharing of information with others. Many of the offers you receive for products and services are provided directly to you from us. For example, a retailer that accepts the Discovers Card may come to us with a special offer for Cardmembers, such as a discount certificate or product upgrade. After careful consideration of the nature of the offer and the company, welwill create a list of Cardmembers who may be interested in the offer based on certain characteristics. We will send the offer directly to those Cardmembers on behalf of the retailer by, for example, including an insert in their monthly billing statement or mailing the offer ourselves. We control 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 if you 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 l,Cardmembers with certain characteristics received the offer. There are, hdwever, circumstances in which we may share the information we collect a out you, as described in Section 1, with other companies in order to prov de you with access to products and services and to service your Account eff ively, as detailed below. We require these companies to adhere to our privacy standards and to use this information only for the -14- limited purpose for which it was shared. We do not allow them to disclose it to others without our prior approval. a. Sharing Personal Information with Our Corporate Family Our corporate family offers a variety of products and services that can help you manage your finances. In order to provide you with access to these products and services, we may share the information we collect about you, as described in Section 1, with other members of our corporate family. These companies include financial service providers that offer credit protection, card servicing and payment processing services. b. Sharing Personal Information with Non-Affiliated Parties for Marketing Purposes We may share the information we collect about you, as described in Section 1, with non-affiliated third parties, including those that accept the Discover Card, in order to provide you with access to products and services offered directly by these companies that may be of value to you. These companies include financial service providers, such as insurance companies, and non- financial 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 mailing, market research and data processing; other financial institutions with which we have Joint marketing agreements; or companies that are our partners for co-brand credit card programs or reward programs. We may also share such information as 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 information 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 confidentiality requirements are subject to our disciplinary process. Where third parties provide support services, we require them to conform to our privacy standards. It is 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, PO Box 30943, Salt Lake City, UT 94130-0943 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 tell us not to share the information we collect about you, as described in Section 1, with non- affiliated third parties. You also have the option to tell 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, maximize your financial resources, or manage your finances. To indicate your preferences, please call us at 1490225.5202 or write to Discover, 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 other correspondence. In order -1s- 10DCM0_02BOW_TL22J0210_01364_readecindd 17-18 12115/09 1:36:30 PM to process yqur request, we require that the request be provided by you directly and riot 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 information about you, except as permitted by law, for thirty days after we provide this Policy to you in order to giveyou an opportunity to inform us'about your preferences. If you are an existing Cardmember, please undetistand that you may continue to receive marketing offers directly from other companies that were already in production prior to the processing of, your request. This Privacy Policy is provided to the primary Cardmember listed on the 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 Curren ly include GTC Insurance Agency, Inc and Discover Products Inc Unless of erwise specified, it applies to the family of Discover Cards for consumers aqd 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, which will m t be shared). It is part of your Cardmember Agreement and provides a further explanation of how we collect and share information. You may havik 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 yyou by us and our affiliates. You will need to indicate your preferences f')r each of these separately as disclosed in the notice. Vermont Residents- Your state law requires financial institutions to obtain your consent nor to sharing information about you with others. Except as permitted by aw, we will not share information we collect about you with non-affiliate third parties or companies in our corporate family unless you call us at 1 DISCOVER (1400-347-2683) and authorize us to do so. California Residents-Your state law requires financial institutions to obtain your consent', prior to sharing information about you with non-affiliated third parties. Except as permitted by law, we will not share information we collect about you with non-affiliated third parties while you are a resident of California. Your Billing Rights DEEP THIS NOTICE FOR FUTURE USE 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 o6 your bill, write us on a separate sheet of paper at the address listed on yourbill for Notice of Billing Errors. Write to us as soon as possible. We must hears from you no later than 60 days after we sent you the first bill -16- 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 following 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 or checking account, you can stop the payment on any amount you thmk is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. 2 Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. 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 limit You do not have to pa any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we 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 didnt 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 owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write us within ten days telling us that you still refuse to pay, 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 between 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 correct. 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) 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. These limitations do not apply If we own or operate the merchant or if we mailed you the advertisement for the goods or services. 4. Purchases Made with Checks or Cash Advances The Special Rule for Credit Card Purchases does not apply to purchases made with a balance transfer check, cash advance or promotional purchase check. Therefore, if you have a problem with the quality of goods or services that you purchased with a balance transfer check, promotional purchase check, cash advance check or the proceeds of a cash advance, you do not have the right to withhold payment of the amount due. _17_ IODCMO_0280K'-TL22JO210_01364_reader.indd 19.20 12115109 1:36:30 PM DESCRIPTION OF COVERAGE SCHEDULED AIR TRAVEL ACCIDENT INSURANCE Discover@ Cardmembers are provided with $500,000 Scheduled Air Travel Accident Insorancil You, your Spouse, Domestic Partner or eligible Dependent Children for whom a ticket was purchased on your Card (as defined below) will be automatically insured against 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 4 a Scheduled Aircraft or a conveyance operated by a military transport service or riding as a passenger in or entering or exiting any conveyance licensed to carry the public for a fee and while traveling directly to or from tilt airport immediately preceding the departure of a Scheduled Aircraft on wihichthelnsuredPerson has purchased passage and immediately following the. arrival of a Schedule Aircraft on which the Insured Person was a passenger, *Coverage is underwritten by Federal Insurance Company, a member insurer of the Chubb Group of Insurance Companies. Certain limitations and exclusions apply. 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 UMTT OF INSURANCE: If more than one insured Person suffers a Loss in the, same Accident, the Company will not pay more than the maximum limit of insurance ($20,000,000) per Accident. If an Accident results in Ben fit Amountsbecoming payable, which when totaled, exceed the applicab limit of insurance shown above, the maximum limit of insurance wil be divided proportionally among the Insured Persons, based on each app icable Benefit Amount. In the event of multiple Accidental deaths per A count arising from any one Accident, the Company's liability for all such Losses will be limited to a maximum limit of insurance equal to two times the applicable Benefit Amount for Loss of Life. Benefits will be Proportionately divided among the Insured Persons up to the maximum unit of insurance. DEFINITIONS: i n or A$cldentall means a sudden, unforeseen and unexpected event happening b chance, and includes unavoidable exposure to elements arising from 4 covered Hazard. AuideMal Bold' M' hash means bodily injury which is Accidental, is the direct source f a Lou, its independent of disease, illness or other cause and occurs while this policy is in force. Account means a Card account. Benefit Am means the Loss amount at the time the entire cost of the passenger far is charged to an Account. CW means the Discover Card. Cardmember'means the holder of the Card whose name appears on the credit card. Comoanv means the Federal Insurance Company. C Tri means travel on a Scheduled Aircraft when the entire cost of the passenget fare for such transportation, less redeemable certificates, vouchers or c upons, has been charged to the Insured Person's Account. ?gn n i 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 -18- 10DCM0_02BOK_TL22J0210_01364_reader.indd 21-22 are: (1) under the age of 19 and reside with the Insured Person; (2) beyond the age of 19, permanently mentally or physically challenged and incapable of self support; or (3) under the age 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 not related to the Insured Person by blood; (3) has exclusively lived with the Insured Person for at least one year prior to the date of enrollment; (4) is not legally married or separated; 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 title to or ownership of a motor vehicle or status as 19 int lessee on a motor vehicle lease; or (d) a joint credit card account wa financial institution. Neither the Insured Person nor the Domestic Partner can be married to, nor in a civil union with, anyone else. Hazard 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 Cardmembil their spouses, Domestic Partners and Dependent Children, as well as authorized users of the Account. Loss means the Loss of Life. Loss of Life means death, including clinical death determined by the local governing medical authorities. Poli older means DFS Services LLC, the entity responsible for the payment of premium. Scheduled Aircraft means an aircraft owned and/or operated by a Scheduled Airline. Scheduled 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 regjster and approved by the United States government and the appropriate foreign authority. War means hostilities following 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) armed, open and continuous hostilities between two factions, each in control of territory, or claiming jurisdiction over the site of the area of hostility. DISAPPEARANCE BENEFITS: If the Insured Person has not been found within one year of the disappearance, stranding, sinking, wreddng or breakdown of any Scheduled Aircraft or conveyance in which the Insured Person was covered as an occupant, it will be assumed, subject to all other terms of the policy, that the Insured Person has suffered Loss of Life covered under this policy. EXPOSURE BENEFITS: Accident includes unavoidable exposure to elements arising from a covered Hazard. ELIGIBILITY This insurance plan is provided to Insured Persons automatically when the entire cost of the passenger fare(s) on a Scheduled Airline its charged to the Cardmember's Account while the insurance is effective. It is not necessary for you to notify the Policyholder or the Company when Scheduled Airline 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 eligible Cardmember. Your insurance coverage under this insurance plan will cease on the earlier of: (1) the date the insurance coverage is terminated; or (2) the date you cease to be an eligible Cardmember. COST: This insurance plan is provided at no additional cost to eligible -19- 12/15/09 1:36:30 PM Insured Persons for Covered Trips. Policyholder pays the full cost of the insurance THE BENEF designated be paid to spouse; b) y estate. All c beneficiary, the plan ad Avenue, Or Accident o0 aircraft owi owned, leas of the Polig pilot or cre% Person is in, pilot or crei CLAIM NOTI 90 days after reasonably or reduce any ARY: The Loss of Life benefit will be paid to the beneficiary you. If no such designation has been made, that benefit will e first surviving beneficiary in the following order a) your it children; c) your parents d) your brothers and sisters, e) your er indemnities will be paid to you. If you wish to change your )u may request a beneficiary designation form by wrrtmg to nistrator at: The Direct Marketing Group, Inc., 13265 Bedford ha, NE 68164 or at Beneficiaryrequest@TheDirectMG.com. This insurance plan does not cover Loss resulting from: (1) an rring while an Insured Person is in, entering, or exiting any d, leased or operated by this Policyholder or any aircraft I or operated by an employee of the Policyholder on behalf older (this exclusion does not apply to aircraft chartered with on one time charter basis), (2) an accident while an Insured ntering, or exiting any aircraft while acting or training as a member (this exclusion does not apply to passengers who -rform pilot or crew functions in a life threatening emergency); I trauma, mental or physical illness, disease, pregnancy, niscarriage, bacterial or viral infection, or bodily malfunctions Trial infection caused by an Accident or from Accidental of a substance contaminated by bacteria); (4) suicide, tide or Loss that is intentionally self-inflicted; or (5) declared War. CE: Written claim notice must be given to the Company within the occurrence of any Loss covered by this policy or as soon as possible. Failure to give notice within 90 days will not invalidate 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 for 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 PROC within 90 di Failure to gi invalidate ar possible and complete pri CLAIM PAYI applicable B received and with all the I Company c arbitration. select an ar agree withi request thi Arbitration Insured Per IF YOU HA CLAIMS SEF : OF LOSS: Complete proof of Loss must be given to Company /s after the date of Loss, or as soon as reasonably possible. e complete proof of Loss within these time frames will not r otherwise valid claim if notice is given as soon as reasonably n no event later than one year after the deadline to submit of of Loss. ENT: The Company will pay you or your beneficiary the nefit Amount within 60 days after complete proof of Loss is if you, the Policyholder and/or the beneficiary have complied !rms of the policy. I: In the event of a dispute under this policy, either the the Insured Person may make a written demand for 1 that case, the Company and the Insured Person will each trator. The two arbitrators will select a third. If they cannot 15 days, either the Company or the Insured Person may the choice of arbitrator be submitted to the American ssociation. The arbitration will be held in the state of the n's principal residence. E ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE ICE CENTER AT 1-800-CLAIMS-0 (1.800.252.4670). -20- You can also go to the Company Web site (www.chubb.com), click on Report a Loss, select Accident, Benefits and Life claims, select the appropriate form, print out the claim form, fill out and mail. You can file a claim by mail or fax. Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES CLAIMS SERVICE CENTER 6DO INDEPENDENCE PARKWAY PO BOX 4700 CHESAPEAKE, VA 233274700 Fax Number. 1-800.3DD-2538 As a handy reference guide, please read this and keep it in a safe place with your other insurance documents. This description of coverage is not a contract of insurance but is a summary 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 #9906.18.06 Policy Underwritten 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, N107061-1651 DESCRIPTION OF COVERAGE SECONDARY RENTAL CAR COLLISION COVERAGE Discover@ Cardmembers can benefit from the security and safety offered through Excess Collision Damage Waiver. If you rent a vehicle for 31 consecutive days or less (or 45 days under certain circumstances 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, underwntten by Federal Insurance Company Policy #9906-17-63 (the "Policy'). DEFINITIONS: Account means a Card account. Actual Cash Value means the cost to repair or replace the Rented Automobile at the time of loss, less depreciation. Cardmember means the holder of the Card whose name appears on the credit card. Qrd means the Discover Card. Collision 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, riot or civil commotion. m n means the Federal Insurance Company. Inured means Cardmembers and authorized users of the Account. 19licvholder means DFS Services LLC, the entity responsible for the payment of premium. Rental Agency means a commercial automobile rental company licensed under the laws of the applicable jurisdiction. Rented Automobile means a four-wheeled private passenger type motor vehicle or a minivan manufactured and designed to transport a maximum of seven passengers and used excursively to carry passengers. A Rented Automobile must be designed for travel on public roads and rented from Rental Agency. -21- IODCMO_02BOK_TL22JO210_01364_reader.indd 23-24 12115/09 1:36:31 PM TO GET COVERAGE: • The Collisi n Damage Waiver Coverage is provided to you, as an Insured, automatically when the entire rental fee for the Rented Automobile is charged or debited to your Account it is not necessary for you to notify the Company at the time the rental fee is charged or debited to your Account • You must decline the Loss/Damage Waiver offered by the vehicle Rental Agency. • You must rent the vehicle in your own name and sign the vehicle rental mentjcontract. Mel, • overage period will not exceed 31 consecutive days, or 45 consecutive days if the Insured is an employee of an organization which has provided a Card to the Insured for business use. THE KIND OF COVERAGE YOU RECEIVE: In consideratjOn of the premium paid by the Policyholder as required, and subject to all a terms of the Policy the Company agrees to reimburse on an Actual Cash alue basis either the insured or the Rental Agency for repair or replacement the Rented Automobile as a result of Collision Damage to the Rented Aut mobile. 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 on Insured's primary vehicle insurance or other coverage has made payments for a covered loss, Excess Collision Damage Waiver will cover your deductible and any other eligible amounts not covered by other msurence. • This coverage is not all-inclusive, which means it does not cover such things as personal in)'ury or personal liability. it does not cover you for any damages to other vehicles or property. it does not cover you for any injury to any pa WHO IS CORED: • Discover C rdmembers EXCLUDED RENTAL VEHICLES: Offload, an ique or limited edition motor vehicles; trucks; recreational vehicles, ca pers, pickup trucks, and mini-buses; limited edition motor vehicles or hi h value, exotic, high performance or collector type. High value motor vehicl s are motor vehicles whose replacement value exceeds 150,000, and antique otor vehicles are defined as any vehicle over 25 years old, or arty vehicle ich has not been manufactured for 10 years or more. WHERE YOU TARE COVERED: • Coverage a plies to vehicles rented anywhere in the world. • Coverage is not available where prohibited by law. WHAT IS W 'COVERED: Coveragge does not appp to loss resulting from the following: • Any dishon st, fraudu ant or criminal act of the Insured. • Forgery by t he Insured. • Loss due to war or confiscation by authorities. • Loss due to,nuclear reaction or radioactive contamination. • The Insure being intoxicated, as defined by the laws of the jurisdiction where the oss occurred, or under the influence of any narcotic unless prescribed y a physician. • Use of the ented 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 Agr4ment. -22- • 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, mechanical or electrical breakdown or failure. • Damage to tires unless the loss is coincident with a covered loss. • Use of the Rented Automobile in tests, races or contests. • The Rented Automobile being operated or located in any territory prohibited by the terms 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 terms and conditions apply: (1) the period of insurance coverage will not exceed 31 consecutive days, or 45 consecutive days if the Insured is an employee of an organization which has provided the Card to the Insured for business use; and (2) the insurance provided by this plan will be excess over any other valid and collectible insurance cover- ing the Rented Automobile. However, the insurance provided under this plan may be Primary if specifically provided for under the terms of this plan and if the following 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 without 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 (1-800.252.4670). You can also go to the Company Web site (www.chubb com), dick on Report a Loss, select Accident, Benefits and Life claims, select the appropriate form, print out the claim form, fill out and mail. You can file a claim by mail or fax Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES CLAIMS SERVICE CENTER 6001NDEPENDENCE PARKWAY PO BOX 4700 CHESAPEAKE, VA 23327-4700 Fax Number. 1-800.300.2538 CLAIM PROCEDURE: The Insured must send the Company written notice of a claim, including the Insured's name and Policy number, within 90 days after a covered loss occurs. If notice cannot be given within that time, it must be given as soon as reasonably possible. To file a sworn 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). 23 - IODCMO_02BOK_TL22JO210_01364_reader.indd 25-26 12115/09 1:36:31 PM • 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 Coverage is not a contract of insurance but is simply an informative statement to eligible Insureds of the principal provisions of the insurance while in effect. Complete prqvisions pert aining to this plan of insurance are contained in the master policy on file with DFS Services LLC, herein referred to as the Policyholder. Ilff a statement in this Summary of Coverage and any provision in the policy differ, the policy will govern. Polityry Underwritten By Plan Administrator Federal Insurance Company ("Company") The Direct Marketing Group, Inc. a ember of the 13265 Bedford Avenue Chubb Grou)of Insurance Companies Omaha, NE 68164 15 Mountain View Road, PO Box 1615 Warren, NJ 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 parry. Policyholder and Company reserve the right to change the benefits and (features of these programs at any time. Cancellation: Policyholder can cancel these benefits at any time or choose not to renew) the insurance coverage for all authorized Cardmembers. If Policyholder does cancel these benefits, you will be notified at least 60 days in advance. If the Company terminates, cancels, or chooses not to renew the coverage to lolicyholder, 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 State , the District of Columbia, American Samoa, Puerto Rico, Guam and t e U.S. Virgin Islands. No person or entity other than the Cardmember 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 not apply if your Card privileges have been cancelled. However, insurance benefits will still apply for any benefit you were eligible for prior to tf a date that your Account is suspended or cancelled subjectto the terms an 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] Misrepresent ion and Fraud: Coverage of the Insured will be void if, at any time, the Ins red has concealed or misrepresented any material fact or circumstance oncerning this coverage or the subject thereof or the interest of the Insure herein, or in case of any fraud or false swearing by the Insured relati fig thereto. Coverage for on Insured will be void if, whether before or after a loss, the Policyholder or its subscribing organization(s) has concealed or misrepresented any material fact or circumstance concerning this coverage or the subject thereof or the interest of the Insured therein, or in case -24- of any fraud or false swearing by the Policyholder or its subscribing organization(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 certified copies thereof if originals are lost, at such reasonable time and place as may be designated by the Company or its representative, and will permit extracts and copies thereof to be made. No such examination under oath, examination of documents or any other act of the Company, its employees or representatives in connection with the investigation of any loss or claim will be deemed a waiver of any defense and such acts shall be deemed to have been made or done without prejudice to the Company's liability. No Benefit to Others This coverage will in no way inure directly or indirectly to the benefit of any insurer, person or organization or other bailee. 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 loss 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, the Insured agrees to direct enforcement of such rights as reasonably requested by the Company and to return to the Company any recovery to the extent payment of loss has been made by the Company. ArWbAon: In the event of a dispute under this policy, either the Company 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 arbitrators will select a third. if they cannot agree within 15 days, either the Company or the Insured may request that the choice of arbitrator be submitted to the American Arbitration Association. The arbitration will be held in the state of the Insured's principal residence. GLOBAL TRAVELER'S HOTLINE TERMS AND CONDITIONS The Global Traveler's Hotline provides Cardmembers and their families a wide range of free travel assistance benefits. It is operated by AXA Assistance USA, Inc. Visit Discovercard.com/travel to learn more. Eligibility. You must be a Cardmember whose Account is in good standing, the Cardmember's spouse or dependent child traveling with the Cardmember or an Authorized User of an Account in good standing. Third-Party Charges. Global Traveler's Hotline is not insurance, so you will 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. Call us at 1-800-DISCOVER (1-800-347-2683) for assistance or if you have questions about a specific destination. Outside the U.S., call us collect at 1-801-902.3100. While AXA Assistance will make every reasonable effortto provide the services, neither AXA Assistance nor Discover Bank or our respective affiliates will be liable if a service is not provided or for any services that are provided by third parties. The services and these terms and conditions are subject to change without notice. 25 - 10DCM0_02BOK,TL22J0210_01364_reader.indd 27-28 12/15109 1:3631 PM New Balance DISC VER $9.922.50 26 SDSN6A01 0003675 JEFFREY PORTER 95 INDEPENDENCE DR $HIPPENSBURG PA 17257-8218 Minimum Payment Due Account Number ending in 3490 $239.00 Enter Amount Enclosed Below Payment Due Date $ 1 June 21, 2010 Pay online at www.Discover.com or make check payable to Discover Phone and Internet payments must be made by 5:00pm ET for some day posting. Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.corrVpaperfess. PO BOX 71084 Illsrrllrrrrrlrlrllrrrrlrll CHARLOTTE NC 28272-1084 Address, e-mail or telephone change;? I l?rrlrrilrllrrrlrililrrrlll?rrrlrrlrrlrillrr?rrlri{rlri?l Go to www.Discovw.com or print change in space above. r 000001986452228787494099225000000000023900 Opening Date: April 19, 2010 Closing Date: May 26, Discover More Card Account Summary Account number ending in 3490 Previous Balance $0.00 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 9,450.00 Cash Advances + 0.00 Finance Charges + 472.50 Other Fees t + 0.00 Now Ba nce 9.922.50 See Finance Charge Summary section following transactions for detailed APR information Credit line $10,500.00 Credit Line Available $577.00 Cash Advance Credit Una $5,300.00 Cash Advance Credit Line Available $577.00 You may be able to avoid Periodic Finance Charges, see the reverse side for details. t See transaction detail for a description of any fees k.aslrruucst Dumb Anniversary Month April Opening Cashback Bonus Balance $ 0.00 Now Cashback Bonus This Period + 0.00 Ca back Bonus Balance $ 0100 To learn more, log in at www.Discover.com and salad Rewards ruye yr Payment Information Now Balance $9.922.50 Minimum Payment Due $23900 Payment Due Date June 21, 2010 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 $39.00 and your purchase APRs for new transactions may be increased up to the Default APR of 24.99% variable. 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 cash rewards NEWT 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 Date Data Balance Transfers Apr 27 Apr 27 CAPITAL ONE XXXXXXXXXXXX3641 PE NC $ 9,450.00 APR 0.00% EXPIRES 04/2011 Apr 27 Apr 27 BAL TRANS TRANSACTION FEE FINANCE CHARGE 472.50 Finance Charge Summary 9021378 Average Daily Nominal ANNUAL ANNUAL Periodic Fee Other Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE current billing period: 38 days Balances Rates RATES RATES OiARGES CHARGES Purchases $0 0.00000% 0.00% 0.00% $0 $0 Cash Advances $0 0.06573% 23.99% V 23.99% $0 $0 Balance Transfers $7,833.54 0.00000% 0.00% 60.00% $0 $472.50 V = Variable Rate See reverse side. DISCOVER Important Information. If there is more than one page to this billing statement see the back of each page for additional important information. See your Cardrlnember Agreement Your Carctmember Agreement contains all the terms of your AccouaL Lost or stolen bards. Report immediately! Call 1-800347.2663. Billing Rights urinary. In Catie of Errors or Questions About Your Bill: If you think your bid is wrong, or if you need more information about a transaction on your bill, write to us on a separate sheet paper al Discover, PO Box 30421, Salt Lake City. UT 84130-0421, as soon as possible. Wemusl hear from you no later than 60 days after we sent you the first bill on which the error ???rrr problem appeared. You can telephone us, but doing so will nor preserve your rights. In your letter. give us the following information: Your name Account number The dollar nt of die suspected error. Describe the rror and explain, if you can. why you believe there is an error. If you need more information, describe the hem you are unsure about. You do not haw to pay any amaml in question while we are investigating. but you are slit obligated to pay the parts of your NO that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Special Rule for Credit Card Purchases: If you have a problem with the quakty of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the gaols or services. You have this protection only when the purchase price was more than 550 and the purchase was made in your hone shale or within 100 miles of your mailing address. (If we own or operate the merchant, or if we mailed you the advertisement (or the goods or services. all purchases are covered regardless of the amount or location of purchase.) Payments. Send only your payment and the lop portion of this statement in the envelope provided. Do not send rash. By sending your check as described above, you authorize us to use information loci your check to make an electonc lurid transfer from your account at the financial institution inrkcaled on your check or to process the payment as a check Iransaebo n. If payment is processed as an electronic fund transfer, the transfer will be for the anount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment. and you will not receive your check back front your financial institution. The processirglof your payment may be delayed if you send cash, correspondence of other items with your payment, if you send the payment to any other address or if you use an envelope other than the she provided. Payments received in proper lean at our processing facility by 5Pf4local time on any day will be credited b your Account as of that day. Payments received al our processing facility after 5PM local time will be credited to your Account as of the next day. If you have misplaced your envelope, send your payment to Discover, PO Box 6103, Card SU m, IL 601976103. Please allow 7-10 days for delivery. 0 your payment is returned unpaid, we reserve Me right to resubmit 4 as an electronic debit. You can pay r minimum payment or a greater amount ever the telephone, and you can set up automatic payments. Call us at 1.800-347.2683. You will need tus statement and your bank account i formation. You must ensure that sufficient funds are available in your bank account and all transactions must comply with U.S. law. You will be asked to provide the first 5 digits of your -count statement ZIP code. By entering terse numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you a Iholize from your bank account. and to initiate debit or credit entries to your bank account, as applicable, to oarod an error in the processing of such payment. You must tell us the ama fit of each payment or you can select an amount such as the P6nunum Payment Due or the New Balance on each stalemenl. You can cancel a payment however we must receive lice at least three business days in advance of the scheduled payment. You may iotily us by phone at 1.800347.2683 of by mat at the address listed in the previous paragraph. If yif or payments vary in amount, we will tell you on each monthly state erit when your payment will be made and how much it voll be. Your automatic payment amount may be less than k icated an the monthly statement based on credits or payments applied during the billing cycle. Credit Reporting. We may report information about your Account to credl bureaus. Late payments, mussed payments, or other defaults on your Account may be reflected in your cedit report. We normally report the status and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the fottuv+ilrg address: Discover. PO Box 15316, Wilmington. DE 19650-5316. Please include your name, address. home telephone number and Account number. Grace Period n Purchases (at least 25 days). We begin to mime Periodic Finance Charges on all transactions man the Transaction Date for the traiuadion shown on your billing statement, um s a transaction is posted to your Account after the close of the billing period in which l occurs. in which case we begin to impose Periodic Finance Charges on that transaction fr the first day of the billing period un which it is posted to your Account- We continue to impose Periodic Finance Charges until the date you pay your erave New Balance shown on your biting statement 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 biting atement, we will not impose Periodic Finance Charges on new purchases, that is, purchases first appearing on the current tilling statement, or any portion of a new purchase, paid by the Payment Due Dale on your current billing statement. We cat this the -grace period. There is no grace period on balance transfers or cash advances. As more fully described n the sedan of your Cardmembor Agreement titled 'How We Apply Payments, we generally apply payments to your Account based on the Annual Percentage Rate applicable to it* balance of each transaction cat". This means that it you do not pay the New Balance on die current billing stakrnent by the Payment Due Dale shown on that billing statement therm, dei:"Vg on the amount of your payment and the Annual Percentage Rates on other balances. you may not get a grace period on new purchases. Minimum Finance Charge. We 09 charge you a rninunum FINANCE CHARGE 0 5.50 for any billing period in which Periodic Finance Charges of less than 550 would otherwise he imposed. Annual Fee. 011your Account has an annual fee, it will be billed at the beginning of each anniversary year your Account is open. The amount of the fee appears on the statement wren the fee is billed. The annual fee is not refundable unless you nobly us that you wish to close your Accoum within 30 days of the trading or delivery date of the statement on which die fee is billed, You wit ecene this refund even it you use your Card during that period Periodic Fin a Charges. We sot your transactions into groups of purchases, cash advances, and balance transfers and then further sort the transactions within each group by their Annual P stage Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups. We refer to these groups as transaction a ones. At the and 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 equ• ion to compute Periodic Fiance Charges for each transaction category. (Average Daily Balance) times (days in billing period) times (Daily Periodic Rate). ti? F??i?yQyy Charge Summary on your biflphg statement la these amounts. Then we add up the Periodic Finance Charges breach Vansactan category to get the You rg totalel Irges for your Account. The Average Daily Balance is shown as zero t, because of the grace period, no Periodic Finance Charges apply to the balance in a transction The Daily Periodic Rate is 11365th of the corresponding Annual Percentage Rate. We use the A age Dairy Balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. We uon"le ft Average Daily Balance for a trensactiorn cafo:gory by adding up all the daily balances in a billing period for a transaction category and dividing the total by the number of days i i the biting period. We compute a daily balance fa each transaction category on each day by first adding the following to the previous day's daily balance: transactions with a Transaction Dale of that day as shown your offing statement, unless the transactions posted to your Account after lie dose of the billing period in which it occurs, in which case the transaction will be added to the daily bur FY- s of lha first day of the billing period in which it a posted to your Account fees dnarged that day and Periodic Finance Charges accrued on the previous day's daily balance; and an subtracting any credits and payments that are applied against the balance of the transaction category on that day. In calculating the daily balance for the fist day of the billing period, we consider the 'previous day's dairy balance' to have been your balance for each transaction category on the last day of you previous billing period. All fees charged to your Account are added to the standard purchase transaction category with Vie exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to the applicable balance Vansfer transaclion category. For TDD (Telecommunications Device for the Deaf) assistance, please call 1.600347.7149. Discover may monitor andla record leiephone calls between you and Discover representatives for quality assurance purposes. 02010 The Discover" card is issued by Discover Bank, Member FDIC PA02 f 0 It pays to JEFFREY PORTER DISC VER DISCOVER Account number ending in 3490 page 2 of 2 Information For You Safeguard your identity. Identity Theft Protection provides daily 3-bureau credit reports monitoring and alerts you of key changes that may help you identify potential fraud. Visit Discover.com/identitylheftprotection to learn more or to enroll. Need Cash? Whether it's for an unexpected bill or an emergency car repair Discover(R) Card can always help. Get cash at ATMs nationwide or have money deposited directly into your bank account. Visit Discover.com/cash to find out more. Discovgr(R) gift cards are easy gifts Dads and Grads love. Add a personal touch with a matching gift cord and greeting card combo. Even save $2 with promo code GIFT2 at DiscoverGiftCard.com through 6/30/ 10. After 12 months of consecutive inactivity, Discover will begin to assess at $2.50 monthly dormancy fee. 902'1378 Questions? Visit www.Discover.com or DISCOVER call 1.800-DISCOVER (1.800-347.2683). New Balance Minimum Payment Due Account Number ending in 3490 DISC' VER $9,683.50 $234.00 Enter Amount Enclosed Below Payment Due Date July 21, 2010 Pay online at www.Di3cover.com or make check payable to Discover Phone and Internet payments must be made by 5:00pm ET For some day posting. 26 SDSN6A01 0003676 JEFFREY PORTER Go paperless and make your account Information more secure with password- 95 INDEPENDENCE DR protected statements only you can access. over coml erless t t dis a SHIPPENSBURG PA 17257-8218 . p . eam more a c p PO BOX 71084 I111r1111r1111$11111111 1 111 CHARLOTTE NC 28272-1084 Address, e-mail or telephone changes 11111111111 l l l l 11111111111111111111 If III I fill 11111111 If 11 111111 Go to www.Discovor.com or print change in space above. 000001986452228787494096835000000000023400 Date: May 27, 2010 - Closing Date: June 26, 2010 Discover More Card Account Summary Account number ending in 3490 Previous Balance $9,922.50 Payments And Credits 239.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 0.00 Fees Charged + 0.00 - ?- ---- -- Nevr Balance - - - 9,683.50 See',Interest Charge Calculation section following transactions for detailed APR information Credit Line $10,500.00 Credit Line Available $816.00 Cash Advance Credit Line $5,300.00 Cash Advance Credit Line Available $816.00 You may be able to avoid Interest Charges, see Additional Imoortont Information for details. Opening Cashback Bonus Balance Now Cashback Bonus This Period Ca}hback Bonus Balance To learn more, log in ai www.Discover.com 0.00 page 1 of 2 Payment Information New Balance $9,683.50 Minimum Payment Due $234.00 Payment Due Date July 21, 2010 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 $39.00 and your purchase APRs for new transactions may be increased up to the Penalty APR of 24.99% variable. Minimum Payment Waning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: f you, mak+Y no You wry pity off And you will end diHonal Ow" s hf babncR shown Up paying aft sI% thl3 qao curd on this statsmrsnt ostlmotod to 6l of. tzt>;+Mh 3'x??! f?3`:,: iaubout: Only the minimum 30 years $31,768 payment $333 3 years 11.989 Savings = $19,779 If you would like information about credit counseling services, call 1-800.347.1121 3 Easy Ways to Contact Us Manage Your Account Online at www.Discover.com 1 'Access your account securely at www.Discover.com . Access free online tools like Paydown Planner to create a plan 2. Call 1-804DISCOVER (1.800.347.2683) Please have your Discover® card available. to poy down your balance, securely access statements, pay bills online and easily track all transactions 3 Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 (Not a payment address) • Make your money worth moresm-find easy ways to earn For, payments, please send to address on remittance or and redeem cash rewards Discover, PO Box 6103, Carol Stream, IL 601 97-6 1 03 • NEWT Access your account securely through your ForTDD (Telecommunications Device for the Deal) mobile phone assistance, please call I-BM347.7449. 'ations Trans. Pad Date Date Payments and Credits Jun 15 Jun 15 INTERNET PAYMENT THANK YOU $ -239.00 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 Anniversary Month April $ 0.00 + 0.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloadable, password protected statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. Sign up today at Discovercom/paperfess 020110 Disco?& Bank, Member FDIC PAPER.0310 z Z rn D 0 0 0 0 w 2010 !Totals Year-to-Dote TOTAL FEES CHARGED IN 2010 $ 472.50 TOTAL INTEREST CHARGED IN 2010 0.00 902'1378 Questions? Visit www.Discover.com or DISCOVER call 1 800-DISCOVER (1.800-347-2683). DISC, VIER It pays to JEFFREY PORTER DISCOVER Account number ending in 3490 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 31 days TYPE OF BALANCE Purchases Cash Advances Balande Transfers V - Variable Rate ANNUAL PERCENTAGE 0.00% 23.99% V 0.00% BALANCE SUBJECT TO INTEREST RATE $0 $0 $9,829.98 INTEREST CHARGE $0 $0 $0 Additional important Information See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediately) Call 1.800347.2683. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover PO Box 30421 Salt Lake City, UT 84130.0421 In your letter give us the following information: Account information: Your name and account number Dollar amount: The dollar amount of the suspected error Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error the following are true: • We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit, Your' Rights if You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have 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 purchase. To use this right, all of the following must be true: 1 The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you , or if we own the company that sold you the goods or services.) 2, You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3 You must not yet have Fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover PO Box 30945, Salt Lake Ci y1 , UT 84130.0945 While we investigate, the some rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sendi¢g ur check as described above, you authorize us to use information on your check to make an electronic fund transF}'r m your account of the financial institution indicated on your check or to process the payment as a check trans aqct?ion. ,four is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn From your account as soon as the some day we receive your payment, and you will not receive your check back From your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment to any other address or if you use on envelope other than the one provided. Payments received in proper form tr our processing facility by SPM local time on any day will be credited to your Account as of that day. Payments recei at our processing facility after 5PM local time will be credited to your Account as of the next day. If you have mispl d your envelope, send your payment to Discover. PO Box 6103 Carol Stream, IL 60 1 97-6 1 03. Please allow 7.10 days del ivery. If your payment is returned unpaid, we reserve the rigl't to resubmit it as an electronic debit. You c n pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1 800 347.2683. You will need this statement and your bank account information. You must ensure that sufficient funds are available in your bank account and all transactions must comply with U.S. law. You will be asked to provide the first 51 digits of your account statement ZIO code. B entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize from your bank account, and to initiate debit Or credit entries to our bank account, as applicable, to correct an error in the processing of such payment. You must fell uslthe amount of each payment or you can selad an amount such as the Minimum Payment Due or the New Balance on each totement. You can cancel a payment; however we must receive notice at least three business days in advance of the sch led payment. You may notify us by phone at 1.800.347-2683 or by mail at the address listed in the previous par raph. It your payments vary in amount, we will tell you on each mordhly statement when your payment will be made and w much it will be. Your automatic payment amount may be less than indicated on the monthly statement based on credits or payments applied during the billing cycle. Cndr't{{ R g. We may report information about your Account to credit bureaus. Late payments, missed payments, or ?f,on your Account may be reflected in your credit report. We normally report the status and payment history of your cou to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, WImington, DE 19850.5316. Please indicate your name, address, home, telephone number and Account number NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paying Interest We begin to impose Interest Charges on all transactions From the Transaction Date for the transaction shown on your billing statement, unless a transaction is posted to your Account after the close of the billing period in which it occurs, in which case we begin to impose interest charges on that transaction From the first day of the billingg ppeerind in which it is posted to your Account. We continue to impose Interest Charges until the date you pay your entire ow Balance shown on your billing statement by making payments or receiving credits. IF you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing statement, we will not im se Interest Char es on new Purcfoses, that is, purchases first appearing on the current billing sttement, or am portion ofanew purchase, g id by the Payment Due Date on your current bi ill ng statement. We call this the "grace period. it is not less than 25 days. There is no grace period on balance transfers or cash advances. As more fully described in the section of your Cardmember Agreement titled "How We Apply Payments," we generally apply payments to your Account based on the APR applicable to the balance of each transaction category. This means that if you do not pay the New Balance on the current billing statement by the Payment Due Date shown on that billing statement, then, depending on the amount of your payment and the APRs on other balances, you may no{ get a grace period on new purchases. Minimum Interest Chargge. We will charge you a minimum Interest Charge of $.50 for any billing period in which Interest Charge of less than $.50 would otherwise be imposed. Annual IFee. If your Account has an annual fee, it will be billed at the beginning of each anniversary year your Account is open. The amount of the fee appears on the statement when the fee is billed. The annual fee is not refundable unless you notif?y u$ that you wish to close your Account within 30 days of the mailing or delivery date of the statement on which the fee is bilkdl. You will receive this refund even if you use your Card during that period. How WCakulato Interest Charges Daly Balance Method (including current transactions): We figure Interest Charges for each billing period. To do this: We calculate your Interest Charges separately for each balance subject to different terms (for example, standard purchases, standard cash advances and each purchase, balance transfer and cash advance balance subject to promotional terms). We refer to these balances as transaction categories. We figure the "daily balance" for each transaction category. To get the "daily balance" we take the beginning balance for each day, add any new transactions and Fees and any Interest Charges accrued on the pprevious day's daily balance. We then subtract any credits and payments and make other adjustments (including those adjustments required in the section titled "Paying Interest"). In calculating the daily balance for the first day of the billing period, we consider the "previous day's daily balance" to have been your balance on the last day of your previous billing period. This gives us the dally balance for each transaction category. We figure the Interest Charges on your Account by multiplying the daily balance for each transaction category by its daily periodic rate, for each day in the billing period. The total Interest Charges for the billing period are the sum of the daily Interest Charges for each transaction category for each day during that billing period. When a calculate daily balances, we add anew transaction as of the Transaction Date shown on your billing statement, unless t a transaction is posted to your Account after the close of the billing period in which if occurs, in which case the transac ion will be added to the daily balance as of the first day of the billing period in which it is posted to your Account. All fees chprged to your Account ore added to the standard purchase transaction cateeggory with the exception of Cash Advance Fees which ore added to the applicable cash advance transaction category and Balance Transfer Fees which are added to the applicable balance transfer transaction category. Foreign Currency Fee: 2% of the U.S. dollar amount of each purchase made in a foreign currency. Penal APRs: Each time you fail to make a pa ment when due, we may, in accordance with applicable law, (i) terminate the avain ility of any introductory/promotional APRs on new transactions and (ii) increase your APRs for new transactions to variobl Penalty APRs which will be determined by adding up to an additional 5 percentage points to the otherwise applicable APR. our Penalty APR is determined based on your creditworthiness and other Factors such as your current APRs, and your accourjt history. If your APRs for new transactions are increased for a late payment, the Penalty APRs will apply indefinitely. For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800.347.7449. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposles. The Discoverocard is issued by Discover Bank, Member FDIC 01TBK172 For You Every Purchase Counts! Every time you use your Discover(R) card, you earn cash rewards automatically. Use your card for everyday purchases, monthly bill payments or for something special. Make your money worth more - today and every day! This month, the featured Cashback Bonus(R) Redemption Partner is Bed Bath & Beyond(R). Redeem $20 Cashback Bonus for a $25',Bed Bath & Beyond gift card. Identity Theft Protection provides daily 3-bureau credit file monitoring and alerts you of key changes that may help you identify potential fraud. Visit Discover.com/identitythekprotection or call 1.966-515-5302 to learn more or to enroll. 9021378 Questions? Visit www.Discover.com or DISCOVER call 1-800-DISCOVER (1-800-347-2683). New Balance Minimum Payment Due Account Number ending in 3490 DISC VER $9,722.50 $469.00 Enter Amount Enclosed Below Payment Due Date August 21, 2010 Please make check payable to Discover Card. Minimum paymoat due includes a past due amount of 3234.00. Phone and internst payments must be made by 5:00pm ET for same 26 SDSN6A01 0003677 day stin ro pa?erless and make your account JEFFREY PORTER Information more secure with password- 95 INDEPENDENCE DR PProtectedstatementsonlyyoucanaccess. SHIPPENSBURG PA 17257-8218 Leammore atdlscover.comJpaperless. PO BOX 71084 IllnrlllrIt lelrIlea rslrlI CHARLOTTE NC 28272-1084 Address, e-mail or telephone changer It I I lilt 11 111 1 1 H ill i f I I11011111I1111111 if 11111 of 111111111 it 11 Go to www.Discover.com or print change in space above. 000001986452228787494097225000000000046900 Ope{ting Dale: June 27, 2010 - Closing Date: July 26, Discover More Card Account Summary Account number ending in 3490 Previous Balance $9,683.50 Payments And Credits 0.00 Purchases + 0.00 Bolgnce Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 0.00 Fees Charged + 39.00 New Balance 9,722.50 See ;',,interest Charge Calculation section following transactions for detailed APR information Credit Line $10,500.00 Credit Line Available $777,00 Cosh Advance Credit Line $5,300.00 Cash Advance Credit Line Available $777.00 You'I may be able to avoid Interest Charges, see Additional Important Information for details. Ca hback Bonuse Anniversary Month April Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonusllalonce $ 0.00 To 1}arn more, log in at www.Discovor.corn 2010 page 1 of 2 Payment Information New Balance $9,722.50 Minimum Payment Due* $469.00 Payment Due Dote August 21, 2010 *Includes past due amount of $234.00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late foe of up to $39.00 and your purchase APRs for new transactions may be increased up to the Penalty APR of 24.99% variable. Minimum Payment Warning: IF you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you would like information about credit counseling services, call 1.800.347.1121 you;makelnia' Ypu;wltlpayaffths An you w' end ?ttlongl shargei? boktnee ahcvm art 4 payhrg on ie9 its card :and fF+ti stafemaT>f in "itnpted totq} of r:h tn4nth yQU pap a Only the minimum 30 yeah $31,939 payment Salt Lake City, UT 84130 (Not a payment address) Make your money worth morel-find easy ways to earn 3 easy Ways to Contact Us Manage Your Account Online at vvww.Discover.com 1 'Access your account securely of www.Discowr.com a Access free online tools like Paydown Planner to create a plan 2. 'Call 1-800-DISCOVER (1-800.347.2683) to pay down your balance, securely access statements, pay 'Please have your Discovers card available. bills online and easily track all transactions 3. 'Write to us at Discover, PO Box 30943, Forl payments, pease send to address on remittance or and redeem cash rewards Discover, PO Box 6103, Carol Stream, IL 60197.6103 • NEWT Access your account securely through your For. TDD (telecommunications Device for the DeaF) mobile phone assMstance, please call 1-800-347-7449. ATAtions Fees' Data Date Trans. Poet Jul 21 Jul 21 LATE FEE 39.00 interest charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 TOTAL FEES FOR THIS PERIOD 39.00 NONCE, SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloodable, password protected statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. Print a paper copy of your statement anytime. • Sign up today at Discovercom/paperless 02010 Discover Bonk. Member FDIC PAPER. 0310 2010 Totals Year-to-Date TOTAL FEES CHARGED IN 2010 S 511.50 TOTAL INTEREST CHARGED IN 2010 0.00 902'1378 0 rn z m A o_ 0 0 0 m 0 V Questions? Visit www.Discover.com or DISCOVER call 1-800-DISCOVER (1 •800-347-2683). DISC' VER It pays to JEFFREY PORTER DISCOVER Account number ending in 3490 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 30 days TYPE Of BALANCE Purchases Cash Advances Balance Transfers V = Variable Rate ???PERCENTAGE 0.00% 23.99% V 0.00% BALANCE SUBJECT TO INTEREST RATE $0 $0 $9,683.50 INTEREST CHARGE $0 $0 $0 Additional knportant Information See your Cardmember Agreement. Your Cordmember Agreement contains all the terms of your Account. Lost or! stolen cards. Report immediatelyl Cal 1.800.347.2683. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover, PO Box 30,421 Salt Lake City, UT 8 4 1 3 0-042 1 In your letter give us the Following information: Account information: Your name and account number Dollar amount: The dollar amount of the suspected error. Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. 'You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your'IRights If You Aron Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have 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 purchase. To use this right, all of the following must be true: 1 The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. IF all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Salt Lake City, UT 84130-0945 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. P nts. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sendi your check as described above, you authorize us to use information on your check to make an electronic fund trans 9 from yyour account at the financial institution indicated on your check or to process the payment as a check trans. ion. IF payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use in rmation from your check to make an electronic fund transfer funds may be withdrawn from your account as soon as the so no day we receive your payment, and you will not receive your check back From your financial institution. Thep cessing of our payment may be delayed if you send cash, correspondence or other items with your payment, if you send t e payment to any other address or if you use an envelope other than the one provided. Payments received in proper form t our processing Facility by SPM local time on any day will be credited to your Account as of that day. Payments recei at our processing facility after 5PM local time will be credited to your Account as of the next day. If you have mispl ced your envelope, send your payment to Discover; PO Box 6103 Carol Stream, IL 60 1 9 7-6 1 03. Please allow 7.10 days fbr delivery. IF your payment is returned unpaid, we reserve the riq?t to resubmit it as an electronic debit. You c n pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1 800 347.2683. You will need this statement and your bank account information. You must ensure that sufficient funds are available in your bank account and all transactions must comply with U.S. law. You will be asked to provide the first 51dig?iits of your account statement ZIP' cods. B entering those numbers as your electronic signature, you will be agreeing to this l,.6%orization to allow us and your bank to deduct each payment you authorize From your bank account, and to initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such payment. You must tell us the amount of each payment or you can select an amount such as the Minimum Payment Due or the New Balance on each atement. You can cancel a ayment; however we must receive notice at least three business days in advance of the sched led payment. You may notify us by phone at 1.800.347-2683 or by mail of the address listed in the previous pa- aph. It your payments vary in amount, we will tell you on each monthly statement when your payment will be made and w much it will be. Your automatic paymant amount may be less than indicated on the monthly statement based on creditor payments applied during the bit mf g cycle. Cred' Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or on your Account may be reflected in your credit report. We normally report the status and payment history of 0 o to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at a following address: Discover, PO Box 15316, Wiilmington, DE 1 9850-5 3 1 6. Please indicate your name, address, home telephone number and Account number NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paying Interest We begin to impose Interest Charges on all transactions from the Transaction Date for the transaction shown on your billing statement, unless a transaction is posted to your Account after the close of the billing period in which it occurs, in which case we begin to impose interest charges on that transaction from the first day of the billing period in which it is posted to your Account. We continue to impose Interest Charges until the date you pay your entire New Balance shown on your billin g statement by mokiro, payments or receiving credits. If you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing statement, we will not im se Interest Charges on new purchases, that is, purchases first appearing on the current billing statement, or anX portion Monew purchase, paid by the Payment Due Date on your current billing statement, We call this the "grace period. It is not less than 25 days. There is no grace period on balgnce transfers or cash advances. As more fully described in the section of your Cardmember Agreement titled "How We Apply Payments," we generally apply payments to your Account based on the APR applicable to the balance of each tronsac ion category. This means that if you do not pay the New Balance on the current billing statement by the Payment Due Date shown on that billing statement, then, depending on the amount of your payment and the APRs on other balances, you may n get a grace period on new purchases. Minimum Interest Charge We will charge you a minimum Interest Charge of $.50 for any billing period in which Interest Charges of less than $.50 would otherwise be imposed. Annuall Fee. If your Account has an annual fee, it will be billed at the beginning of each anniversary year your Account is open. The amount of the fee appears on the statement when the fee is billed. The annual fee is not refundable unless you notify, 143 that you wish to close your Account within 30 days of the mailing or delivery date of the statement on which the fee is bifle4. You will receive this refund even if you use your Card during that period. How We Calculate Interest Charges Daily Balance Method (including current transactions): We figure Interest Charges for each billing period. To do this: We calculate your Interest Charges separately for each balance subject to different terms (for example, standard purchases, standard cash advances and each purchase, balance transfer and cash advance balance subject to promotional terms). We refer to these balances as transaction categories. We figure the "daily balance" for each transaction category. To get the "daily balance" we take the beginning balance for each day, add any new transactions and fees and any Interest Charges accrued on the pprevious day's daily balance. We then subtract any credits and payments and make other adjustments (including tf?ose adjustments required in the section titled "Poying Interest"). In calculating the doil y balance for the first day of the billing period, we consider the "previous day's daily balance" to have been your balance on the last day of your previous billing period. This gives us the daily balance for each transaction category. We figure the Interest Charges on your Account by multiplying the daily balance for each transaction category by its daily periodic rate, for each day in the billing period. The total Interest Charges for the billing period are the sum of the doily Interest Charges for each transaction category for each day during that billing period. When we calculate daily balances, we add a new transaction as of the Transaction Date 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 transagtion will be added to the doily balance as of the first day of the billing period in which it is posted to your Account. All fees uh?rgged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Fees Ech are added to the applicable cash advance transaction category and Balance Transfer Fees which are added to the applicable balance transfer transaction category. Foreign Currency Fee: 2% of the U.S. dollar amount of each purchase made in a foreign currency. Penal APRs: Each time you fail to make a when due, we may, in accordance with applicable law, (i) terminate the availabty of any introductory/promotional Fs on new transactions and (ii) increase your APRs for new transactions to variab a Penalty APRs which will be determined by addingg up to an ociditional 5 percentage points to the otherwise applicable APR. our Penalty APR is determined based on your cred'ihvorthiness and other actors such as your current APRs, and your account history. I your APRs for new transactions are increased for a )ate payment, the Penalty APRs will apply indefinitely. For TDa (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discover®card is issued by Discover Bank, Member FDIC OITBK172 Information For You * * * ATTENTION ' •' Your account is past due. Please pay the past due amount now, or contact us to make other arrangements. Need Cash? Whether it's for an unexpected bill or an emergency car repair Discover(R) Card can always help. Get cash at ATMs nationwide or have money deposited directly into your bank account. Visit Discover.com/cash to find out more. This month, the featured Cashback Bonus(R) Redemption Partner is Bed Both & Beyond(R). Redeem $20 Cashbock Bonus for a $254 Bed Bath & Beyond gift card. 90211378 Questions? Visit www.Discover.com or DISCOVER call 1-800-DISCOVER (1-800-347-2683 DISC VEI New Balance $9,747.50 26 SDSWA01 0003676 JEFFREY PORTER 95 INDEPENDENCE DR SHIPPENSBURG PA 17257-8218 Minimum Payment Due Account Number ending in 3490 $704.00 Enter Amount Enclosed Below Payment Due Date $ - September 21, 2010 Please make check payable to Discover Card. Minimum payment due includes a past due amount of $469.00. Phone and internet payments must be made by 5:00pm ET For some day ost!na$. Ko pe- less and make your account information more secure with password- Protected statements only you can access. Learn more at discover.corn/paperless. PO BOX 71084 111rn11nnr1r1r11nn1rl) CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? Go to www.Discover.com or print change in space above. 000001986452228787494097475000000000070400 Ing bate: July 2/, 2u lu taosing Faro: Discover More Card Account Summary Account number ending in 3490 Previous Balance $9,722.50 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 0.00 Fees) Charged + 25.00 New Balance $9,747.50 See !Interest Charge Calculation section following transactions for detailed APR information Credit line $10,500.00 Credit Line Available $752.00 Cash Advance Credit Line $5,300.00 Cash Advance Credit Line Available $752.00 You,may be able to avoid Interest Charges, see Additional Important Information for details. -.u'N?anscrc ourwa Anniversary Month April Opening Cashback Bonus Balance $ 0.00 New Cashbock Bonus This Period + 0.00 Casjhback Bonus Balance $ 0.00 To learn more, by in of www.Disoowr.com 3 Easy Ways to Contact Us 1 Access your account securely at www.DiKover.com 2. Call 1.800-DISCOVER (1.800-347-2683) Please have your Discovers card available. 3 (Write to us at Discover PO Box 30943, Salt Lake City, UT 841 §0 (Not a payment address( For payments, please send to address on remittance or Discover PO Box 6103, Carol Stream, IL 60197-6103 For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800.347-7449. page 1 of 2 i:6, 2010 Payment Information New Balance $9,747.50 Minimum Payment Due* $704.00 Payment Due Date September 21, 2010 'Includes past due amount of $469.00 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 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 24.99% variable. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: fy?w:trt rto % you will off pay the AidyWrv9il en iCltii Cfittlits k]Cik7i1Ce afwrgn 06 *Paylrtg tilg.thi< card `and 46 atalert Brit lrt shmote4l 4 0 .? at + Y9.9#" '... about ...... . Only the minimum 30 years $32,026 payment If you would like information about credit counseling services, call 1.800347.1121 Manage Your Account Online at www.Discover.com • Access free online tools like Paydown Planner to create a plan to pay down your balance, securely access statements, pay bills online and easily track all transactions • Make your money worth more sm-find easy ways to earn and redeem cash rewards • NEW! Access your account securely through your mobile phone Fees Trans. Post Date Date Aug 21 Aug 21 LATE FEE 25.00 TOTAL. FEES FOR THIS PERIOD 25.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD S 0.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloodable, password protected statements. See your statement as soon as it's available rather than wait for it to arrive in your mailbox. •' Get helpful payment reminders through e-mail or text messages on your mobile phone. Print a paper copy of your statement anytime. • Sign up today at Discovercom/papedess 4)2010 Dixo er Bank, Member FDIC PAPER.0310 v7 0 V7 Z m A 0 0 0 0 2010 totals Year-to-Date TOTAL FEES CHARGED IN 2010 S 536.50 0 TOTAL INTEREST CHARGED IN 2010 0.00 902'1378 Questions? Visit www.Discover.com or DISCOVER call 1-800-DISCOVER (1.800-3472683). DISC VIER It pays to JEFFREY PORTER DISCOVEK Account number ending in 3490 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account Current Billing Period: 31 days TYPE OF BALANCE AT AL PERCENTAGE BALANCE S UB ECT TO INTEREST CHARGE E (APR) SU INTEREST TE Purchases 0.00% $39.00 $0 Cash Advances 23.99% V $0 $0 Balance Transfers 0.00% $9,683.50 $0 V s Variable Rate Additional Important Information See your Cardmennber Agrownent. Your Cordmember Agreement contains all the terms of your Account. Lost or stollen cards. Report immediately) Call 1.800-347-2683. WhatTo Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover, PO Box 30421, Sak Lake City, UT 84130.0421 In your, letter, give us the following information: Account information: Your name and account number Dollar amount: The dollar amount of the suspected error Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is o mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error. the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other Fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have 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 purchase. To use this right, all of the following must be true: 1 The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you , or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Sob Lake City, UT 84130.0945 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sendinj your check as described above, you authorize us to use information on your check to make an electronic fund transfe{{ from your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer. the transfer will be for the amount of the check. When we use infprmation from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the sore day we receive your payment, and you will not receive your check back From your financial institution. The pr essing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send payment o any other address or if you use an envelope other than the one provided. Payments received in proper form a our processing facility by 5PM local time on any day will be credited to your Account as of that day. Payments receiv at our processing facility after 5PM local time will be credited to your Account as of the next day. If you have mfspla ed your envelope, send your payment to Discover, PO Box 6103 Carol Stream, IL 60197.6103. Please allow 7.10 days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. You con pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1 }800 347-2683. You will need this statement and your bank account information. You must ensure that sufficient funds c}re available in your bank account and all transactions must comply with U.S. law. You will be asked to provide the first 5 dligits of your account statement Ztl? code. By entering those numbers as your electronic signature, you will be agreeing to this uthorization to allow us and your bank to deduct each payment you authorize from your bank account, and to initiate debit r credit entries to your bank account, as applicable, to correct an error in the processing of such payment. You must tell us a amount of eacf? payment or you can select an amount such as the Minimum Poymenf Due or the New Balance on each s ement. You can cancel a payment; however we must receive notice at least three business days in advance of the Schad ed pa ant. You may notify us by phone at 1-800.347-2683 or by mail at the address listed in the previous Poragr ph. It your payments vary in amount, we will tell you on each monthly statement when your payment will be made and h much it will be. Your automatic payment amount may be less than indicated on the monthly statement based on credits ';or payments applied during the billing cycle. CredRO i. We may report information about your Account to credit bureaus. Late payments, missed payments, or your Account may be reflected in your credit report. We normally report the status and payment history of your unt to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover. PO Box 15316, Wilmington, DE 19850. 531 b. Please indicate your name, address, home telephone number and Account number NOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCIGVER Paying Interest: We begin to impose Interest Charges on all transactions From the Transaction Date for the transaction shown on your billing statement, unless a transaction is posted to your Account after the close of the billing period in which it occurs, in which case we begin to impose interest charges on that transaction From the first day of the billing period in which it is posted to your Account. We continue to impose Interest Charges until the date you pay your entire New Balance shown on your billing statement by making payments or receiving credits. If you paid the ow Balance on your previous billing statement by the Payment Due hate shown on that billing statement, we will not impose Interest Charges on new Purchases, that is, purchases first appearing on the current billingg statement, or and portion of a new purchase, paid by the PaymeN Due Date on your current billing statement. We call this the "grace period.' It is not less than 25 days. There is no grace period on balance transfers or cash advances. As more fully described in the section of your Cordmem r Agreement titled "How We Ap ly Payments," we generally apply payments to your Account based on the APR applicable to the balance of each tronsac ion category. This means that if you do not pay the New Balance on the current billing statement by the Payment Due Date stiwn on that billing statement, then, depending on the amount of your payment and the APRs on other balances, you may no get a grace period on new purchases. Minimulm Interest Charge. We will charge you a minimum Interest Charge of $.50 for any billing period in which Interest Charges of less than $.50 would otherwise be imposed. Annual IFee. If your Account has an annual fee, it will be billed at the beginning of each anniversary year your Account is open. the amount of the fee appears on the statement when the fee is Milled. The annual fee is not refundable unless you notify u that you wish to close your Account within 30 days of the mailing or delivery date of the statement on which the fee is billed You will receive this refund even if you use your Card during that period. How We calculate interest Charges Daily balance Method (including current transactions): We figure Interest Charges for each billing period. To do this: We calculate your Interest Charges separately For each balance subject to different terms (For example, standard purchases, standard cash advances and each purchase, balance transfer and cash advance balance subject to promotional terms). We refer to these balances as transaction categories. We figure the "daily balance" for each transaction category. To get the "daily balance" we take the beginning balance for each day, add any new transactions and fees and any Interest Charges accrued on the previous day's daily balance. We then subtract any credits and payments and make other adjustments (including those adjustments required in the section titled "Paying Interest"). In calculating the daily balance for the first day of the billing period, we consider the "previous day's daily balance" to have been your balance on the last day of your previous billing period. This gives us the daily balance for each transaction category. We figure the Interest Charges on your Account by multiplying the daily balance for each transaction category by its daily periodic rate, for each day in the billing period. The total Interest Charges for the billing period are the sum of the daily Interest Charges for each transaction category for each day during that billing period. When a calculate daily balances, we add anew transaction as of the Transaction Date shown on your billing statement, unless tie transaction is posted to your Account after the close of the billing period in which it occurs, in which case the transo ion will be added to the daily balance as of the first day of the billing period in which it is posted to your Account. All Fees ch rged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Fees w icl, are added to the applicable cash advance transaction category and Balance Transfer Fees which are added to the applicable balance transfer transaction category. Foreign Currency Fee: 2% of the U.S. dollar amount of each purchase made in a foreign currency. Penal APRs: Each time you fail to make a payment when due, we may, in accordance with applicable law, (i) terminate the avail ality of any introductory/promotional APRs on new transactions and (ii) increase your APRs for new transactions to van l Penalty APRs which will be determined by adding up to an additional 5 rcentoge points to the otherwise applicable APR. our Penalty APR is determined based on your creditworthiness and other fo tors such as your current APRs, and your account history. If your APRs for new transactions are increased For a late payment, the Penalty APRs will apply indefinitely. For TDO (Telecommunications Device for the Deal) assistance, please cal( 1-800-347-7449. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discover®card is issued by Discover Bank, Member FDIC OITBK172 For You We recently discovered the expiration date For your intro purchase APR disclosed on your Pricing Schedule was incorrect, Your kritro purchase APR of 0.00% has been extended by one month and will apply until the last day of your billing period ending, in November 2010. After that your purchase APR of 19.99% will apply and will vary with the market based on the Prime Rate. * * * ATTENTION * * * We previously requested the past due amount on your account. We have no record of receiving payment. The amount due should be paid at once. Every Purchase Countsl Every time you use your Discover(R) card, you earn unlimited cash rewards automatically. Use your card for everyday purchases, monthly bill payments or For something special. Make your money worth more - today and every 4ayl 902'1378 Questions? Visit www.Discover.com or DISCOVER call 1-800-DISCOVER (1-800-347-2683). ER DI C New Balance Minimum Payment Due Account Number ending in 3490 S V $9,782.50 $940.00 Enter Amount Enclosed Below Payment Due Date October 21, 2010 Please make check payable to Discover Card. Minimum payment due includes a past due amount of 5704.00. Phone and intereet payments must be made by 5:00pm ET for same 26 SDSN6A01 0003679 day ostin . ?0 &rlessandmakeyouraccount JEFFREY PORTER information more secure with password- 95 INDEPENDENCE DR protected statements onry you can access. SHIPPENSBUR6 PA 17257-8218 Learn more at discover.comlpaperless. PO BOX 71084 11111111141111111111 CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? I Ilrrlrrrlrllrrrlrrlrliirllllrrrliiliilrrllrrlrrlirlili?ll Go to www.Diaover.com or print change in space above. r 000001986452228787494097825000000000094000 Date: August 27, 2010 Closing Date: 26, 2010 page 1 of 2 Discover More Card Account Summary Account number ending in 3490 Previous Balance $9,747.50 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 0.00 Fees'iCharged + 35.00 New Balance 9,782.50 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $10,500.00 Credit Line Available $717.00 Cash Advance Credit Line $5,300.00 Cash Advance Credit Line Available $717.00 You may be able to avoid Interest Charges, see Additional Important Information for details. %.95"PUrK ounuss Anniversary Month April Opening Cashbock Bonus Balance $ 0.00 Now Cashbock Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at www.Discover.com Payment Information New Balance $9,782.50 Minimum Payment Due" $940.00 Payment Due Date October 21, 2010 "Includes post due amount of $704.00 Late Payment Warning: If we do not receive your minimum payment by the claw listed above, you may have to pay a late fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 24.99% variable. Minimum Payment Warning: if you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: F yov Ina s .00 Y, rw?ll p6Y'aif Ate "o tv' 'end dd+tionoi char4" balance shown oYS, up.:poyfrv on sing this card and th s s}cdemont sn estimated total of, each month youpay. above, Only the minimum 30 years $32,145 payment If you would like information about credit counseling services, call 1-800-347.1121 3 E asy Ways to Contact Us Manage Your Account Online at www.Discover.com 1 2. Access your account securely at www.Discovw.com Call 1.800-DISCOVER (1-800.347.2683) s Pl h Di d il bl Access free online tools like Paydown Planner to create a plan to pay down your balance, securely access statements, pay ease ave your scover car ava a e. bills online and easily frock all transactions 3. Write to us at Discover PO Box 30943, Salt Lake City, LIT 841 X30 (Not a payment address) Make your money worth moresm -find easy ways to earn For Disc payments, please send to address on remittance or over PO Box 6103 Carol St IL 60 1 9 7 6 1 03 and redeem cosh rewards , ream, - • NEWI Access your account securely through your For TDD (Telecommunications Device for the Deaf) mobile phone assis tance, please call 1-800-347-7449. V Q ions Trans. Post Date Data Fees Sep 21 Sep 21 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloodable, password protected statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. • Sign up today at Discover.com/paperless 020 1 D Di-r Bank, Member FDIC PAPER. 0310 O Cl) Z m D o_ g 0 w 201 Olotals Year-to-Date ? TOTAL FEES CHARGED IN 2010 S 571.50 0 TOTAL INTEREST CHARGED IN 2010 0.00 v 9021378 Questions? Visit www.Discover.com or DISCOVER call 1-800-DISCOVER (1-800-347-2683). DISC`' •VER It pays to JEFFREY PORTER DISCOVER Account number ending in 3490 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Baling Period: 31 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE (APR) INTEREST RATE Purchases 0.00% $64.00 $0 Cash Advances 23.99% V $0 $0 Balance Transfers 0.00% $9,683.50 $0 V = Variable Rate Additional Important Information See your Cardmember Agreement. Your Cordmember Agreement contains all the terms of your Account. Lost or: stolen cards. Report immediatelyl Call 1-800-347-2683. What) To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover, PO Box 30421, Soft Lake City, UT 84 1 30-042 1 In your letter, give us the following information: Account information: Your name and account number Dolor amount. The dollar amount of the suspected error Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notily us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error the Following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in qquestion may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine Ihof we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your $tights If You Are Dissaf7sfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have 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 purchase. To use this right, all of the Following must be true: 1 The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed ?o you , or if we own the company that sold you the goods or services.) 2, You must have used your credit cord for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Salt Lake City, UT 84130.0945 While we investigate, the some rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. P ts. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sendin your check as described above, you authorize us to use information on our check to make an electronic fund transle From your account at the financial institution indicated on your check or to process the payment as a check trans a ion. It payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use in rmation from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the sa a day we receive your payment, and you will not receive your check back from your financial institution. The pr cesstng of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send It a payment to any other address or if you use an envelope other than the one provided. Payments received in proper form of our processing facility b 5PM local time on any day will be credited to your Account as of that day. Payments received at our processing facility after 5PM local time will be credited to your Account as of the next day. If you have mispla.ed your envelope, send your payment to Discover PO Box 6103 Carol Stream, IL 60197.6103. Please allow 7.10 days for delivery. If your payment is returned unpaid, we reserve the rig(it to resubmit it as an electronic debit. You con Pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1.800 347.2683. You will need this statement and your bank account information. You must ensure that sufficient funds ?re available in your bank account and all transactions must comply with U.S. law. You will be asked to provide the first 5 digits of your account statement ZIO code. B entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize From your bank account, and to initiate debit 'r credit entries to your bank account, as a plicable, to correct on error in the processing of such payment. You must tell us a amount of eacf? payment or you can select an amount such as the Minimum Paymenf Due or the New Balance on each s atement. You can cancel a payment; however we must receive notice at least three business days in advance of the sched led payment . You may nett us by phone at 1.800.347.2683 or by mail at the address listed in the previous pang ph. It your payments vary in amount, we will tell you on each monthly statement when your payment will be made and how much it will be. Your automatic payment amount may be less than indicated on the monthly statement based on credits,or payments applied during the billing cycle. Credo ng. We may report information about your Account to credit bureaus. Late payments, missed payments, or to your Account may be reflected in your credit report. We normally report the status and payment history of your coun to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, W lmington, DE 19850.5316. Please indicate your name, address, home telephone number and Account number NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paying Interest We begin to impose Interest Charges on all transactions from the Transaction Date for the transaction shown on your billing statement, unless a transaction is posted to your Account after the close of the billing period in which it occurs, in which case we begin to impose interest charges on that transaction from the first day of the billing period in which it is posted lo your Account. We continue to impose Interest Charges until the date you pay your entire New Balance shown on your billingy statement by making payments or receiving credits. If you paid the New Balance on your previous billingg statement b the Payment Due Date shown on that billing statement, we will not impose Interest Charges on new purchases, that is, purchases first appearing on the current billing statement, or any portion ofpa new ppurchase, paid by the Payment Due Date art your current billing statement, We call this the "grace period. It is not less than 25 days. There is no grace period on balance transfers or cash advances. As more fully described in the section of your Cardmember Agreement titled "How We Ap ly Payments," we genero apply payments to your Account based on the APR applicable to the balance of each tran! ion category. This means that if you do not pay the New Balance on the current billing statement by the Payment Due Date sh wn on that billing statement, then, depending on the amount of your payment and the APRs on other balances, you may no{ get a grace period on new purchases. Min mu? Interest Charrgs We will charge you a minimum Interest Charge of $.50 for any billing period in which Interest Charge of less than $.50 would otherwise be imposed. Annual Fee. If your Account has an annual fee, it will be billed at the binning of each anniversary year your Account is open. "he amount of the fee appears on the statement when the fee is billed. The annual fee is not refundable unless you notify us that you wish to close your Account within 30 days of the mailing or delivery date of the statement on which the fee is billed. You will receive this refund even if you use your Card during that period. How Wb Calculate Interest Charges Daily Balance Method (including current transactions): We figure Interest Charges for each billing period. To do this: We calculate your Interest Charges separately for each balance subject to different terms (for example, standard purchases, standard cash advances and each purchase, balance transfer and cash advance balance subject to promotional terms). We refer to these balances as transaction categories. We figure the "daily balance" for each transaction category. To get the "daily balance" we take the beginning balance for each day, add any new transactions and fees and any Interest Charges accrued on the previous day's daily balance. We then subtract any credits and payments and make other adjustments (including t se adll'ustments required in the section titled "Paying Interest"'). In calculating the daily balance for the first day of the billing period, we consider the "previous day's daily balance" to have been your balance on the last day of your previous billing period. This gives us the daily balance for each transaction category. We figure the Interest Charges on your Account by multiplying the daily balance for each transaction category by its daily periodic rate, for each day in the billing period. The total Interest Charges for the billing period are the sum of the daily Interest Charges for each transaction category for each day during that billing period. When a calculate daily balances, we add a new transaction as of the Transaction Date shown on your billing statement, unless tie transaction is posted to your Account after the close of the billing period in which it occurs, in which case the tronsac1ion will be added to the daily balance as of the first day of the billing period in which it is posted to your Account. All fees ch 3rged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Fees wfhichh are added to the applicable cash advance transaction category and Balance Transfer Fees which are added to the applicable balance transfer transaction category. Foreign! Currency Fee: 240' of the U.5. dollar amount of each purchase made in a foreign currency. Penal APRs: Each time you fail to make a payment when due, we may, in accordance with applicable law, (i) terminate the avails dity of any introductory/promotional APRs on new transactions and (ii) increase your APRs for new transactions to variabl Penoky APRs which will be determined by adding up to an additional 5 percentage points to the otherwise applicable APR. Your Penalty APR is determined based on your creditworthiness and other factors such as your current APRs, and your accoun, history. If your APRs for new transactions are increased for a late payment, the Penalty APRs will apply indefinitely. For TDd (Telecommunications Device for the Deaf) assistance, please call 1-800.347.7449. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Diskover©card is issued by Discover Bank, Member FDIC OlTBK172 Information For You When making payments, please send a check with your payment coupon to the address we provided on your statement. This will help you avoid additional interest charges and/or late payments, as it can take additional time to process and credit dash payments and payments sent to a different address. The Additional Important Information section on your statement provides specific details. .,. ATTENTION "' Your account is seriously past due. Payment of the amount due and arrangements for future payments should be made immediately. Every Purchase Counts! Every time you use your Discover(R) card, you earn unlimited cash rewards automatically. Use your card for everyday purchases, monthly bill payments or for something special. Make your money worth more - today and eery dayl 9021378 Questions? Visit www.Discover.com or call 1'-800-DISCOVER (1-800-347-2683. DISCOVER DISC VEK New Balance Minimum Payment Due Account Number ending in 3490 $9,817.50 $1,177.00 Enter Amount Enclosed Below Payment Due Date November 21, 2010 Please make check payable to Discover Card. Minimum payment due includes a past due f $940 t 00 Ph d amoun o . . one an internet payments must be made by 5:00pm ET For same 26 SDSN6A01 0003680 day stin . to a$erless and make our account JEFFREY PORTER p y information more secure with password- 95 INDEPENDENCE DR protected statements only you can access. SHIPPENSBUR6 PA 17257-8218 Learn more at dscover.comlpaperless. PO BOX 71084 111111111 logo 11 11 11 go IIIIII CHARLOTTE NC 28272-1084 Address, lo-mail or telephone change? I I r i Go to www.Discover.com or print change in space above. Ilulrnlrllniloil lnillllrnloil 11 11111 11111111111 11 11 000001986452228787494098175000000000117700 Dpe"ing Date: September 21, 2010 - Closing Dab; C Discover More Card Account Summary Account number ending in 3490 Previous Balance $9,782.50 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 0.00 Fees Charged + 35.00 New Balance $9,817.50 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $10,500.00 Credit Line Available $682.00 Cash Advance Credit Line $5,300.00 Cast] Advance Credit Line Available $682.00 You may be able to avoid Interest Charges, see Additional Important Information for details. Ca C Bonuse Anniversary Month April Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Co,hback Bonus Balance $ 0.00 To leprn more, log in of www.Discover.com ctober 26, 2010 page 1 of 2 Payment Information New Balance $9,817.50 Minimum Payment Due' $1,177.00 Payment Due Date November 21, 2010 `Includes past due amount of $940.00 Late Payment Waning: 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 and your purchase and balance transfer APRs For new transactions may be increased up to the Penalty APR of 24.99% variable. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: you!' a 4 You wffl pay aifM+r " yovvvi isnd idaiona(chargo balance slow„ an up poyf cm ;ng.this card and this statement in estimated tsal of ch,nionfh you pay . about: Only the minimum 29 years $32,243 payment If you would like information about credit counseling services, call 1-800-347-1121 3 Easy Ways to Contact Us Manage Your Account Online at www.Discover.com 1 Access your account securely at www.Discover.com • Access free online tools like Paydown Planner to create a plan 2. all 1-800-DISCOVER (1-800.347-26831 to fay down your balance, securely access statements, pay lease have your Discovers card available. bills online and easily track all transactions 1 Write to us at Discover PO Box 30943, Salt lake City, UT 84130 (Not a payment address) Make your money worth morel-find easy ways to earn For,Vyments, please send to address on remittance or and redeem cash rewards Disc ver, PO Box 6103, Carol Stream, IL 60197.6103 NEWI Access your account securely through your For tDD (Telecommunications Device for the Deal) mobile phone assistance, please call 1.800-347.7449 SOMWons Fees Trans. Post Dab Date Oct 21 Oct 21 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged TOTAL RVTEREST FOR THIS PERIOD $ 0.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISC*VER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloodable, password protected statements. See your statement as soon as it's available rather than wait for it to arrive in your mailbox. Get helpful payment reminders through e-mail or text messages on your mobile phone. Print a paper copy of your statement anytime. • Sign up today at Discoveccom/paperless 1 02010 D-e( Bonk. Member FDIC PAPER.0310 N 0 Cl) Z m D 0 0 0 2010 Totals Year-to-Date o TOTAL FEES CHARGED IN 2010 S 606.50 0 TOTAL INTEREST CHARGED IN 2010 0.00 9021378 Questions? Visit www.Discover.com or ??$C?VER call 1-800-DISCOVER (1-800-347-2683). DISC VER It pays to JEFFREY PORTER DISCOVER Account number ending in 3490 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rote on your account. Current Billing Period: 30 days TYPE OF BALANCE Purchases Cash Advances Balanq'e Transfers V = Variable Rate ??IA?PERCENTAGE 0.00% 23.99% V 0.00% BALANCE SUBJECT TO INTEREST RATE $99.00 $0 $9,683.50 INTEREST CHARGE $0 $0 $0 Additional knportant Information See yaur Cardmen4w Agreement. Your Cordmember Agreement contains all the terms of your Account. Lost art, stolen cards. Report immediatelyl Call 1.800-347-2683. Whai To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover, PO Box 30,421 Salt lake City, UT 84130.0421 In your letter, give us the following information: Account information: Your name and account number Dollar amount: The dollar amount of the suspected error Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. •' The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We con apply any unpaid amount against your credit limit. Your Rights N You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have 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 purchase. To use this right, all of the following must be true: 1 The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you ore still dissatisfied with the purchase, contact us in writing at- Discover . PO Box 30945, Saft Lake Cify, UT 84130.0945 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. P Ms. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sendi your check as described above, you authorize us to use information on yyour check to make an electronic Fund trans r from your account at the financial institution indicated on your check or to process the payment as a check trans tion. If payment is processed as an electronic fund transfer, the transfer will for the amount of the check. When we use in rmation from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the sa a day we receive your payment, and you will not receive your check back from your financial institution. The pr}?cessing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send tl?a payment to any other address or if you use an envelope other than the one provided. Payments received in proper form d¢t our processing facility by 5PM local time on any day will be credited to your Account as of that day. Payments receiv d at our processing facility after 5PM local time will be credited to your Account as of the next day. If you have mispl ad your envelope, send your payment to Discover PO Box 6103 Carol Stream, IL 60197.6103. Please allow 7 10 days fir delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. You cdin ppaay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-800.347-2683. You will need this statement and your bank account information. You must ensure that sufficient funds re available in our bank account and all transactions must camel with U.S. law. You will be asked to provide the first 5 igg?its of your account statement ZIO code. By entering those numbers as your electronic signature, you will be agreeing to this ulhorization to allow us and your bank to deduct each payment you authorize from your bank account, and to initiate debit credit entries to your bank account, as applicable, to correct on error in the processing of such payment. You must tell us he amount of eocpayment or you can select an amount such as the Minimum Payment Due or the Now Balance on each ement. You can cancel a ant; however we must receive notice at least three business days in advance of the sched led payment. You may noti us by phone at 1.800.347-2683 or by mail at the address listed in the previous parsg aph. If your payments vary in amount, we will tell you on each monthly statement when your payment will be made and h w much it will be. Your automatic payment amount may be less than indicated on the monthly statement based on credit or payments applied during the billing cycle. g. We may report information about your Account to credit bureaus. Late payments, missed payments, or 0 on your Account may be reflected in your credit report. We normally report the status and payment history of your ccount to credit reporting agencies each month. If u believe that our report is inaccurate or incomplete, please write us at following address: Discover, PO Box 15316, ilmington, DE 19850.5316. Please indicate your name, address, home elenhone number and Account number NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paying Interest We begin to impose Interest Charges an all transactions from the Transaction Date for the transaction shown on your billing statement, unless a transaction is posted to your Account after the close of the billing period in which it occurs, in which case we begin to impose interest charges on that transaction from the first day of the billing period in which it is posted o your Account. We continue to impose Interest Charges until the date you pay your entire New Balance shown on your billing statement by making payments or receiving credits. If you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing statement, we will not impose Interest Charges on new purchases, that is, burchases first appearing on the current billing statement, or any portion of a new purchase, paid by tha Payment Due Date o your current billing statement. We call this the "grace period. It is not less than 5 dayys. There is no grace period on balance transfers or cash advances. As more fully described in the section of your Cardmember Agreement titled "How We A ly Payments," we generally apply payments to your Account based on the APR applicable to the balance of each transac ion category. This means that if you do not pay the New Balance on the current billing statement by the Payment Due Dates wn on that bitting statement, then, depending on the amount of your payment and the APRs on other balances, you may n get a grace period on new purchases. Mini M Interest Charge We will charge a minimum Interest Charge of S.50 for any billing period in which Interest Chars s of less than 530 would otherwiseyou be imposed. Annual) Fee. If your Account has an annual lee, it will be billed at the be?inning of each anniversary year your Account is open. The amount of the fee appears on the statement when the fee is bi led. The annual fee is not refundable unless you no11(fyyu? that you wish to close your Account within 30 days of the mailing or delivery date of the statement on which the fee is bille? You will receive this refund even if you use your Card during that period. Mow We Cakulate Interest Charges Daly Balance Method (including current transactions): We figure Interest Charges for each billing period. To do this: We calculate your Interest Charges separately for each balance subject to different terms (for example, standard purchases, standard cash advances and each purchase, balance transfer and cash advance balance subject to promotional terms(. We refer to these balances as transaction categories. We figure the "daily balance" for each transaction category. To get the "daily balance" we take the beginning balance for each day, add any new transactions and fees and any Interest Charges accrued on the previous day s daily balance. We then subtract any credits and payments and make other adjustments (including those adjustments required in the section titled "Paying Interest"). In calculating the daily balance for the first day of the bil?ing period, we consider the "previous day's daily balance" to have been your balance on the last day of your previous billing period. This gives us the daily balance for each transaction category. We figure the Interest Charges on your Account by multiplying the daily balance for each transaction category by its daily periodic rate, For each day in the billing period. The total Interest Charges For the billing period are the sum of the daily Interest Charges for each transaction category for each day during that billing period. When a calculate daily balances, we add a new transaction as of the Transaction Date shown on your billing statement, unless a transaction is posted to your Account after the close of the billing period in which it occurs, in which case the transa ion will be added to the daily balance as of the first day of the billing period in which it is posted to your Account. All fees ch rged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Fees w is are added to the applicable cash advance transaction category and Balance Transfer Fees which are added to the ap icable balance transfer transaction category. Foreign! Currency fee. 2% of the U.S. dollar amount of each purchase made in a foreign currency. Ponalttttyy??i APRs: Each time you fail to make a payment when due, we may, in accordance with applicable law, (i) terminate the ava.,- ility of an introductory/ romotional APRs on new transactions and (ii) increase your APRs for new transactions to variabl Penalty APRs which wit be determined by odding up to an additional 5 percentage points to the otherwise applicable APR. our Penalty APR is determined based on your creditworthiness and other factors such as your current APRs, and your account history. IT your APRs for new transactions are increased for a late payment, the Penalty APRs will apply indefinitely. For TDO (Telecommunications Device for the DeaA assistance, please call 1-800-347-7449. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discpver®cord is issued by Discover Bank, Member FDIC OITBK172 For You When freaking payments, please send a check with your payment coupon to the address we provided on your statement. This will help you avoid additional interest charges and/or late payments, as it can take additional time to process and credit gash payments and payments sent to a different address. The Additional Important Information section on your statement provides specific details. * * * ATTENTION * * * Your account is seriously past due. Payment of the amount due and arrangements for future payments should be made immediately. 90211378 Questions? Visit www.Discover.com or call 1'-800-DISCOVER (1.800-347-2683) DISCOVER DISC VEIZ 26 SDSN6A01 0003681 JEFFREY PORTER 95 INDEPENDENCE SHIPPENSBURI3 PA New Balance Minimum Payment Due $9,380.00 $1,405.00 Payment Due Date December 21, 2010 DR 17257-8218 Account Number ending in 3490 Enter Amount Enclosed Below $ 1 Please make check payable to Discover Cord. Minimum yment dus includes a post due amount off 1,177.00. Phone and Internet payments must be made by 5:00pm ET For some % IN 3tri peerless and make your account information more secure with password- protected statements only you can access. Learn more at dlscover.com/paperless. PO BOX 71084 Illtt?llttsttlslnllssssltll CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? Go to www.Discovor.com or print change in space above. 0'00001986452228787494093800000000000140500 Opening Date: October 27, 2010 - Closing Date: Novo I Discover More Card Account Summary Account number ending in 3490 Previous Balance $9,817.50 Payments And Credits 472.50 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 0.00 Fees'Charged + 35.00 New Balance 9,380.00 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $10,500.00 Credit Line Available $0.00 Cash Advance Credit Line $5,300.00 Cash Advance Credit Line Available $0.00 You may be able to avoid Interest Charges, see Additional Important Information for details. `iUsiluf'ii.R ov11Vi Anniversary Month April Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in of www.Discover.com 3 Easy Ways to Contact Us 1 Access your account securely at www.Discover.corn 2. Call 1-800-DISCOVER (1-800-347-2683} Please have your Discovers card available. 3. Write to us at Discover PO Box 30943, Salt Lake City, UT 841 §0 (Not a payment address) For oayments, please send to address on remittance or Disco, ver, PO Box 6103, Carol Stream, IL 60 1 97-6 1 0 3 For IDD (Telecommunications Device for the Deal) assistance, please call 1.800.347.7449 V &tions Trans. Post Date Date Payments and Credits Oct 28 Oct 28 REFUND OF FEES $ -472.50 Fees Nov 21 Nov 21 LATE FEE $ 35.00 TOTAL FEES FOR TM5 PERIOD 35.00 Interest Charged TOTAL RJTEREST FOR THIS PERIOD $ 0.00 moor to, [v i v page I or 2 Payment Information New Balance $9,380.00 Minimum Payment Due* $1,405.00 Payment Due Date December 21 2010 *Includes past due amount of $1,177.00 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 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 24.99% variable. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: is card end II3W3tdbA IF you would like information about credit counseling services, call 1-800.347.1121 Manage Your Account Online at www.Discovor.com • Access free online tools like Paydown Wanner to create a plan to pay down your balance, securely access statements, pay bills online and easily track all transactions • Make your money worth more W-find easy ways to earn and redeem cash rewards • NEWI Access your account securely through your mobile phone y?,:tn s no ° YiStr will pay ztlt th. lc " yat ': ` . en ddtt?gnalcfrargw balarKe shown on tr(t laoy&tg an i? '!Mi M ?stfrt+#Itd ?I 4I E!lardh Y°6P4y.. abaVt `:..... .. . . :: Only the minimum 28 years x29,825 payment NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloadable, password protected statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. Get helpful payment reminders through e-mail or text messages on your mobile phone. Print a paper copy of your statement anytime. Sign up today of Discovercom/paperless 02010 Discover Bank, rvlambe, FDIC PAPER 03 10 C) zZ n 0 0 0 0 ce 2010ITotals Year-to-Date TOTAL FEES CHARGED IN 2010 S 641.50 0 TOTAL INTEREST CHARGED IN 2010 0.00 902"1378 Questions? Visit www.Discover.com or DISCOVER call 1-800-DISCOVER (1-800-347-2683). DISC AVER It pays to JEFFREY PORTER DISCOVER Account number ending in 3490 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 31 days TYPE OF BALANCE Purchases Cash Advances Balance Transfers V s Variable Rate ???PERCENTAGE (AP 0.00% 23.99% V 0.00% BALANCE SUBJECT TO INTEREST RATE $4.32 $0 $9,355.91 INTEREST CHARGE $0 $0 $0 Additional Important Information See your Cardmember Agroomis t. Your Cardmember Agreement contains all the terms of your Account. Last or stolen cards. Report immediately! Call 1400-347-2683. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover PO Box 30421, Salt Lake City, UT 841 30-04 2 1 In your letter give us the following information: Account information: Your name and account number Dollar amount. The dollar amount of the suspected error. Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit cord, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount on on the purchase. To use this right, all of the following must be true: 1 The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you , or if we own the company that sold you the goods or services.) 2, You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at Discover, PO Box 30945, Salt Lake City, UT 84130.0945 While we investigate, the some rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. P nts. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sendin your check as described above, you authorize us to use information on your check to make an electronic fund transfer. From your account at the financial institution indicated on your check or to process the payment as a check trans ion. It payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use in mation from your check to make an electronic fund transfer, Funds may be withdrawn from your account as soon as the sa a day we receive your payment, and you will not receive your check back from your financial institution. The prxessing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send a payment to any other address or if you use an envelope other than the one provided. Payments received in proper form our processing Facility by 5PM local time on any day will be credited to your Account as of that day. Payments receiv at our processing facility after 5PM local time will be credited to your Account as of the next day. If you have misp, ed your envelope, send your payment to Discover PO Box 6103 Carol Stream, IL 60 1 97-6 1 0 3. Please allow 7 10 days r delivery. If your payment is returned unpaid, we reserve the riq?t to resubmit it as an electronic debit. You c¢n pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 11.800 347.2683. You will need this statement and your bank account information. You must ensure that sufficient funds ¢ra available in your bank account and all transactions must comply with U.S. law. You will be asked to provide the Fire 5 digits of your account statement Zlo code. By entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize from your bank account, and to initiate debitr credit entries to your bank account, as applicable, to correct an error in the processing of such payment. You must tell us he amount of eacf? payment or you can select an amount such as the Minimum Payment Due or the New Balance on each atement. You can cancel o ent; however we must receive notice at least three business days in advance of the sched led Pa ent. You may noti us by phone at 1-800 347-2683 or by mail at the address listed in the previous parsy aph. It your payments vary in amount, we will tell you on each monthly statement when your payment will be mode and h w much it will be. Your automatic payment amount may be less than indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit Re g. We may report information about your Account to credit bureaus. Late payments, missed payments, or 9 on your Account may be reflected in your credit report. We normally report the status and payment history of your ccourd to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at t following address: Discover, PO Box 15316, Wilmington, DE 19850-5316. Please indicate your name, address, home .!.phone number and Account number NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DIS *VER Paying Interest: We be in to impose Interest Charges on all transactions from the Transaction Date for the transaction shown on your billing statement, unless a transaction is posted to your Account after the close of the billing period in which it occurs, in which case we begin to impose interest charges on that transaction from the first day of the billing period in which it is posted to your Account. We continue to impose Interest Charges until the date you pay your entire New Balance shown on your billing statement by makinya1e payments or receiving credits. If you paid the New Balance on your previous billing statement by the Payment Due shown on that billing statement, we will not impose Interest Charges on new purchases, that is, urchoses first appearing on the current billing statement, or any portion of a new purchase, paid by the Payment Due Date your current billing statement. We call this the "grace period. It is not less than 25 dayys. There is no grace period on bat rice transfers or cash advances. As more fully described in the section of your Cardmember Aggreement titled "How We Apply Payments," we generally apply payments to your Account based on the APR applicable to ffre balance of each transac ion category. This means that if you do not pay the New Balance on the current iIling statement by the Payment Due Date shown on that billing statement, then, depending on the amount of your payment and the APRs on other balances, you may n get a grace period on new purchases. Minimum Interest Charge We will charge u a minimum Interest Charge of $.50 for any billing period in which Interest Charges of less than $.56 would otherwise be imposed. Annualf Fes. If your Account has an annual fee, it will be billed at the be inning of each anniversary year your Account is open. The amount of the fee appears on the statement when the fee is bi led. The annual fee is not refundable unless you notify ups that you wish to close your Account within 30 days of the mailing or delivery date of the statement on which the fee is billed. You will receive this refund even if you use your Card during that period. How Wfe Calculate Interest Charges Daily balance Method (including current transactions): We figure Interest Charges for each billing period. To do this: We calculate your Interest Charges separately for each balance subject to different terms (for example, standard purchases, standard cash advances and each purchase, balance transfer and cash advance balance subject to promotional terms). We refer to these balances as transaction categories. We figure the "daily balance" for each transaction category. To get the "daily balance" we take the beginning balance for each day, add any new transactions and fees and any Interest Charges accrued on the previous day's daily balance. We then subtract any credits and payments and make other adjustments (including those adjustments required in the section tided "Paying Interest"). In calculating the daily balance for the first day of the billling period, we consider the "previous day's daily balance" to have been your balance on the last day of your previous billing period. This gives us the daily balance for each transaction category. We figure the Interest Charges on your Account by multiplying the daily balance for each transaction category by its daily periodic rate, for each day in the billing period. The total Interest Charges for the billing period are the sum of the daily Interest Charges for each transaction category for each day during that billing period. When a calculate daily balances, we add anew transaction as of the Transaction Date shown on your billing statement, unless a transaction is posted to your Account after the close of the billing period in which it occurs, in which case the transac ion will be added to the daily balance as of the first day of the billing period in which it is posted to your Account. All fees ch rged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Fees w is are added to the applicable cash advance transaction category and Balance Transfer Fees which are added to the applicable balance transfer transaction category. Foreign Currency Fee: 2% of the U.S. dollar amount of each purchase made in a foreign currency. Penal APRs: Each time you fail to make a pa mint when due, we may, in accordance with applicable low, (i) terminate the avails Ility of an introductory/promotional APRs on new transactions and (ii) increase your APRs for new transactions to variabl Penalty APRs which will be determined by adding up to an additional 5 rcentage points to the otherwise applicable APR. our Penalty APR is determined based on your creditworthiness and other f«tors such as your current APRs, and your account history. I your APRs for new transactions are increased for a late payment, the Penalty APRs will apply indefinitely. For TDO (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance pull , 5. The Dis,covermcard is issued by Discover Bank, Member FDIC OITBK172 For You "• ATTENTION "• Your account is seriously past due. Payment of the amount due and arrangements for future payments should be made immediately. 90211378 Questions? Visit www.Discover.com or DISCOVER call 1-800-DISCOVER 1-800-347-2683). DISC VEIZ New Balance $9,415.58 26 SDSN6A01 0003682 JEFFREY PORTER 95 INDEPENDENCE DR SHIPPENSBURG PA 17257-8218 Minimum Payment Due Account Number ending in 3490 $1,634.00 Enter Amount Enclosed Below Payment Due Date J $ -? anuary 21, 2011 Please make check payable to Discover Card. Minimum yment due includes a past due amount of b1 405 00 Phone and Intern t , . . e payments must be made by 5:00pm ET For same day st Go pa?ertess and make your account information more secure with password- Protected statements only you can access. Learn more at discover.corNpaperless. PO BOX 71084 (llrr1Iles$11loll llrrrrlrll CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? Go to www.Discavercom or print change in space above. If 11 1llnlnrllllullnlrlulllllurlnlnln1lsill I lrld nll 000001986452228787494094155800000000163400 )peening Date: November 27, 2010 - Closing Date: Deg Discover More Card Account Summary Account number ending in 3490 Previous Balance $9,380.00 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 0.58 FeeslChorged + 35.00 Now Balance 9,415.58 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $10,500.00 Credit Line Available $0.00 Cash Advance Credit Line $5,300.00 Cash Advance Credit Line Available $0.00 You may be able to avoid Interest Charges, see Additional Important Information For details. wstnuu?w ovnu' Anniversary Month April Opening Cashback Bonus Balance $ 0.00 Now Cashback Bonus This Period + 0.00 Cas back Bonus Balance $ 0.00 To ioarn more, log in at wwwMiscover.com 3 Easy Ways to Contact Us 1 Access your account securely at www.Discovor.com 2. Call 1.800-DISCOVER (1.800.347.2683) Please have your Discovers card available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Disdover PO Box 6103, Carol Stream, IL 60197.6103 For hDD (Telecommunications Device for the Deaf) assistance, please call 1.800.347-7449 •maer Lo, AV! v page 1 of Payment Information New Balance $9,415.58 Minimum Payment Due* $1,534.00 Payment Due Date January 21, 2011 *Includes past due amount of $1,405.00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a kite fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 24.99% variable. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you would like information about credit counseling services, call 1.800-347.1121 ypy.m a tkf''... Yoa will ppya?F1flR jw A?d u will . end ?1#)Onpi Cltrg.i. baklttca+ tlltbwll ck1 „ ,t „ uP r`"J^'gOr1 ?ngihis cprd arscJ this atatemenE in aafirlYtthd #nfal of :. ch mcaih you-;pay. oboul: Only the minimum yg years $29,889 payment Manage Your Account Online at www.Discovsr.com • Access free online tools like Poydown Planner to creole o plan to ay down your balance, securely access statemenh, pay bills online and easily hack all transactions • Make your money worth moreSA1-find easy way: to earn and redeem cash rewards • NEWI Access your account securely through your mobile phone Trans. Post Foes Date Dote Dec 21 Dec 21 LATE FEE 35.00 Interest Charged INTEREST CHARGE ON PURCHASES S 0.58 TOTAL FEES FOR THIS PERIOD 35.00 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 0.00 NOTICE, SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER PaPerless statements mean less clutter, more convenience Easily access up to 24 months of downloodable, password protected statements. • See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. Print a paper copy of your statement anytime. j • Sign up today at Discovercom/papedess ®2010 Dixover Bonk, Member FDIC PAPER.0310 Transactions cn Z Trans. Post (cont) Dab Date am o a 0 0 Interest hargsd TOTAL INTEREST FOR THIS PERIOD $ 0.58 m" 2010 Totals Year-to-Date rn ° TOTAL FEES CHARGED IN 2010 $ 676.50 TOTAL INTEREST CHARGED IN 2010 0.58 9021378 Questions? Visit www.Discover.com or DISCOVER call 1-800-DISCOVER (1-800-3472683). DISC' VER It pays to JEFFREY PORTER MSCOVER Account number ending in 3490 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 30 days TYPE OF BALANCE Purchq»s Cash Advances gala** Transfers V - Variable Rate ??R?ERCENTAGE 19.99% V 23.99% V 0.00% BALANCE SUBJECT TO INTEREST RATE $35.28 $0 $9,345.00 INTEREST CHARGE $0.58 $0 $0 Additional Important Information See your Cordmember Agreement. Your Cardmember Agreement contains a?I the terms of your Account. Lost air stolen cards. Report immediately! Call 1.800-347-2683. What To Do If You Think You Find A Mistake On Your Statement If you think there is on error on your statement, write to us at: Discover, PO Box 30421 Salt Lake City, UT 84 1 30-042 1 In your letter, give us the following information: Account information: Your name and account number Dollar amount: The dollar amount of the suspected. error •', Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your! Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have 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 purchase. To use this right, oil of the following must be true: 1 The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you , or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover PO Box 30945, Soft Lake City, UT 84130-0945 While we investigate, the some rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you os delinquent. P ts. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By Sandi your check as described above, you authorize us to use information on our check to make an electronic fund transf g from your account at the financial institution indicated on your check or to process the payment as a check transa ion. 1} payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the some day we receive your payment, and you will not receive your check back from your financial institution. The pfocessing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send tie payment to any other address or if you use an envelope other than the one provided. Payments received in proper form ¢t our processing facility by 5PM local time on any day will be credited to your Account as of that day. Payments receiv Did at our processing facility offer 5PM local time will be credited to your Account as of the next day. If you have misplaced your envelope, send your payment to Discover PO Box 6103 Carol Stream, IL 60197.6103 Please allow 7 10 days delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. You c in pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at -800 347-2683. You will need this statement and your bank account information. You must ensure that sufficient funds re available in your bank account and all transactions must comply with U.S. law. You will be asked to provide the first 5 digits of your account statement ZO code. B entering those numbers as your electronic signature, you will be agreeing to thisouthorization to allow us and your bank to deduct each payment you authorize from your bank account, and to initiate debit r credit entries to your bank account, as applicoble, to correct an error in the processing of such payment. You must tell us the amount of sacF payment or you can select an amount such as the Minimum Paymenf Due or the New Balance on each tatement. You can cancel a payment; however we must receive notice at least three business days in advance of the Scheduled payment. You may nofi yf us by phone at 1-800.347.2683 or by mail at the address listed in the previous parag aph. If your pa orri vary in amount, we will tell you on each monthly state ment when your payment will be made and h w much it wi11 be. Your automatic payment amount may be less than indicated on the monthly statement based on credit, or payments applied during the billing cycle. Credit g. We may, report information about your Account to credit bureaus. Late payments, missed payments, or Q? ?on your Accountmay bs reflected in your credit report. We normally report the status and payment history of your ccto credit reporting agencies each month. If you believe that our reort is inaccurate or incomplete, please write us at f ing address: Discover, PO Box 15316, Wilmington, DE 19850 5316Please indicate your name, address, home number and Account number NOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paying Interest We begin to impose Interest Charges on all transactions from the Transaction Date for the transaction shown on your billing statement, unless a transaction is posted to your Account after the close of the billing period in which it occurs, in which case we begin to impose interest charges on that transaction from the first day of the bijlingg pperiod in which it is posted to your Account. We continue to impose Interest Charges until the date you pay your entire New Balance shown on your billing statement by making payments or receiving credits. If you paid the New Balance on your previous billing statemehl by the Payment Due Date shown on that billing statement, we will not impose Interest Charges on new purchases, that is,urc ases first appearing on the current billing statement, or any portion of a new purchase, paid by the Payment Due Date on your current billing statement. We call this the "grace period. It is not less than 25 days. There is no grace period on balance transfers or cash advances. As more fully described in the section of your Cardmember Agreement titled "How we' F )ly Payments," we generally apply payments to your Account based on the APR applicable to the balance of each transoc ion category. This means That if you do not pay the New Balance on the current billing statement by the Payment Due Date sh{swn on that billing statement, then, depending on the amount of your payment and the APRs on other balances, you may nc get a grace period on new purchases. Minimujn Interest Ch e. We will charge you a minimum Interest Charge of $.50 for any billing period in which Interest Chargek of less than b.50 would otherwise be imposed. Annual Fee. If your Account has an annual fee, it will be billed at the beginning of each anniversary year your Account is open. he amount of the fee appears on the statement when the fee is billed. The annual fee is not refundable unless you notefy u that you wish to close your Account within 30 days of the mailing or delivery date of the statement on which the fee is billed. You will receive this refund even if you use your Card during that period. How Wb Cokulato Interest Charges Daily Balance Method (including current transactions): We figure Interest Charges for each billing period. To do this: We calculate your Interest Charges separately for each balance subject to different terms (for example, standard purchases, standard cash advances and each purchase, balance transfer and cash advance balance subject to promotional terms). We refer to these balances as transaction categories. We figure the "daily balance" for each transaction category. To get the "daily balance" we take the beginning balance for each day, add any new transactions and fees and any Interest Charges accrued on the previous day's daily balance. We then subtract any credits and payments and make other adjustments (including those adllustments required in the section titled "Paying Iterest"). In calculating the daily balance for the first day of the ,billing period, we consider the "previous day's daily balance" to have been your balance on the last day of your previous billing period. This gives us the daily balance for each transaction category. We figure the Interest Charges on your Account by multiplying the daily balance for each transaction category by its daily periodic rate, for each day in the billing period. The total Interest Charges for the billing period are the sum of the daily Interest Charges for each transaction category for each day during that billing period. When we calculate daily balances, we add a new transaction as of the Transaction Date shown on your billing statement, unless tl?a transaction is posted to your Account after the close of the billing period in which it occurs, in which case the tronsocl on will be added to the daily balance as of the first day of the billing period in which it is posted to your Account All fees chrged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Fees w is are added to the applicable cash advance transaction category and Balance Transfer Fees which are added to the app icable balance transfer transaction category. ForeignlCurtwrcy Fee: 2% of the U.S. dollar amount of each purchase made in a foreign currency. Penalty APRs: Each time you Fail to make a payment when due, we may, in accordance with applicable law, (i) terminate the avails lily of any introductory/promotional APRs on new transactions and (ii) increase your APRs for new transactions to variabl Penalty APRs which will be determined by adding up to an additional5 percentage points to the otherwise applicable APR. 'Y r Penalty APR is determined based on your creditworthiness and other factors such as your current APRs, and your accoun history. It your APRs for new transactions are increased for a late payment, the Penalty APRs will apply indefinitely. For TDd (Telecommunications Device for the Deaf) assistance, please call 1-800-347.7449. Discover may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposos. The Discovermcard is issued by Discover Bank, Member FDIC OITBK172 Information For You ... ATTENTION ... Your account is seriously past due. Payment of the amount due and arrangements for future payments should be made immediately. 9021378 Questions? Visit www.Discover.com or DISCOVER call 1.800-DISCOVER (1-800-347-2683). New Balance Minimum Payment Due Account Number ending in 3490 DISCOVER $0.00 $2,094.00 Enter Amount Enclosed Below Payment Due Date $ -? February 26, 2011 31 SDSN6A01 0005624 JEFFREY PORTER 95 INDEPENDENCE DR SHIPPENSBURG PA 17257-8218 Go paperless and make your account information more secure with password. protected statements only you can access, Learn more at discover.corNpaperless. PO BOX 6103 ilinIII, rnrllnr,lislir,l CAROL STREAM IL 60197-6103 Address, e-mail or telephone change? ??I?ullnun?????n?nl??llun?lllluu?ll,llnnr?lnlnll Go to www.Discovor.com or print change in space above. 000001986452228787494000000000000000209400 Date: January 27, 2011 - Closing Date: Jan Discover More Card Account Summary Account number ending in 3490 Previous Balance $9,451.79 Payments And Credits 9,451.79 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Intere4 Charged + 0.00 New Balance 0.00 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $10,500.00 Credit', Line Available $0:00 Cash Advance Credit Line $5,300.00 Cosh Advance Credit Line Available $0.00 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 cash 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 (1.80Q347.2683) Please have your Discoverecard available. 3. Write to us at Discover PO Box 30943, Salt Lake City, UT 841 §0 (Not a payment address) For payments, ease send to address on remittance or Discover, PO x 6103, Carol Stream, IL 60197.6103 For TDD (relecommunicahons Device For the Deaf) assistance, please call 1-800.347-7449. warrwcrc oursua Anniversary Month April Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Ca4ack Bonus Balance $ 0.00 To learn more, log in ai www.Discover.com Transactions Trans. Post Date Date Paym 1s and Credits Jan 31 Jan 31 INTERNAL CHARGE-OFF $ -9,451.79 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 . - TOTAL INTEREST FOR-THIS PERIOD- - --- $- - 0.00 20111 Totals Year-to-Date 9021378 TOTAL FEES CHARGED IN 2011 TOTAL INTEREST CHARGED IN 2011 $ 35.00 1.21 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloodoble, password protected statements. •'See your statement as soon as it's available rather than wait for it to arrive in your mailbox. • Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. • Sign up today at Discovercom/paperless 02019 Di- Bank, M•mbw FDIC PAPER.0310 y zZ m D o_ N A N O ut 9021378 Questions? Visit www.Discover.com or DISC40VEI call 1-800-DISCOVER 11.800-W-2683 . DISCOVER It pays to JEFFREY PORTER Account number ending in 3490 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Biling Period: 5 days TYPE OF BALANCE Purchases Cash Advances Balance Transfers V = Variable Rate ANNUAL PERCENTAGE RATE 19.99% V 23.99% V 0.00% BALANCE SUBJECT TO INTEREST RATE $0 $0 $0 INTEREST CHARGE $0 $0 $0 Important Information Important Information. If there is more than one page to this billing statement, see the back of each page for additional important information. Sao your Cardmember AgrNment. Your Cardmember Agreement contains a8 the terms of your Account. Lost or stolen cards. Report Immedotelyl call 1-8oo-347.2683, What To Oo If Yew Think You fsFswl A Mistake CM Your Statement If you thin there is on error on your statement, write to us at: Discover, PO Box 30421, Soh Lour City, UT 841340421. In your loftier, give us the following information: Account information: Your name and account number. Dollar omovnt: The dollar amount of the suspected error. FlescripKorh ol'Problem: If you think limits Is art error-on ywt bill, describe what you-sensor-,, wroi@ off t-w7hy you belfevesin, o rrllaou ` - - - - ` - - - - You, must contact us within 60 days allot the error appeared on your statement. Youl must notify us of any potential errors in writing. You may call us, but if you do we ore not required to investigate any potential errors and you may have to payi? the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. the charge in wstion may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or odor Fees related to that amount. While you do not have to pay the amount in question, you ore responsible for to remainder of your balance, We con apply any unpaid amount against your credit limit. Your Riglits If You An DhasitaRed Whit Your Credit Card Purchases you are dissatisfied with the goods or services that you haw purchased with your credit cord, and you have tried in good faith to correct the problem with the merchant, you may how the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: I The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must hove been more than $50. (Note: Neither of these are necessary IF your purchase was based on an advertisement we mailed to you or if we own the company that sold you the goods or services.( 2. You must have used your credit card for the purchase. Purchases made with cash advances From an ATM or with a check that accesses your credit card account do not qualify. D. You must not yet have fully paid for the purchase. Ii all OF the criteria above are mel and you are still dissatisfied with to purchase, contact us in writing at Discover, PO Box 30945, Salt Lake City, UT 84 1 30094 5 While we investigate, the sums rules apply to the disputed amount as discussed above. After we finish our investigation, we will sell you our decision. At that pant, if we think you owe an amount and you do not pay we may report you as delinquent. Payments. Send only your payment and the top portion of this statement in Ike envelope provided. Do not send cash. By sending your check as described above, yo(r authorize us o use information on your check o make on electronic fund transfer from your account at the financial institution indicated on your clseck or to pcocess the{saymend as a check transoufoa. _ If payaeoljs.proceswd as on clouroaic fund traosler rbeaansfer.will be for the amount Of. the check. 'When we fuse information ham your check to make an electronic fund transfer, funds maybe withdrawn from your account as soon as the some day we receive your payment, and you will not receive your check back From your financial institution. The processing of your payment may be doloyed if you send cash, correspondence or other items with your payment if yyou send the payment to any other address o IF you use an envelope other than the ono provided. Payments received in propPer form at our pun.sing {acidity by 5PM local time on any day will be credi o your Account as of that day. Payments received at w o processing fa"l;ty orof 5PM local time will be credited to your Account as of the next day. IF yo) haw misplaced your envelops, send your payment In Discover, PO Box 6103, Carol Stream, IL 60 1 97-61 03. Plans* allow 7-10 days for delivery. If yaw payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. You can y your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Coll us at 1-804347.2683. You will road this temenl and your bank account informaton. You must ensure that sufkrient funds are awiloble in your bank account, and all transactions mum cr tai h U.S. lour. You will loo asked o provide the Ifrst 5 digits of your account staemml 2IP code. By entering those numbers os your eleehonie complyr sigrtaors, tau will be chgrseing o chit authorizatlon to allow us and your bank o deduct each pa moot you author':: From your bank account, and to initiate debB o it entries to your bank account, as appl cable, to correct an error in the proceuing of such payment. You must tell us the amount of each payment or you ca select on amount such as the Minimum Payment Dus or dhs Now Balance on each statement. You can cOnce l a payrronY, however we must receive tattoo of st three busirou days in odwmis of the scheduled payment. You may nohly us by phone at 1.804347.2683 or by mail al the address listed in the pprrovosts ragwph. d your payments vary in amount, we will tell you on each mom My stalomenl when your payment wiR be made and how much it will be. Yow au etc payment amount may he Isss than indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit R(fparting. We may report information about your Account to credit bureaus. Lase payments, missed payments, cr other defoults on your Account mail f» to oiled in your credit upon. We normally report the status and payment history of your Account to credit reporting agencies each month. If lmw our report is inaccurate or Incomplete, pease write us at Ike following address: Discover, PO Box 15316, Wilmington, DE 19854S316. Please Cu indicate your name, address, home Telephone number and Account number. Paying I terest: We begin o impose Interest Charges on all transactions from the Transaction Data For the transaction shown on your billing statement, unless a tr nsoction is posted so yow Account char the close of the billing period in which it occurs, in which cow we begin to impose interest charges on that Iransacti from to first day of the billing period in which B is posted o your Account. We continue to impose Interest Charges until the dale you pay your entire Balance shown on your billing sotemem by making payments or receiving credits. If you paid the New Balance on your previous billing statement by the Pa nt Due Date shown on that billing statement, we will not impose Interest Charges on new purchases, that is, purchases first appearing on the current bit ing statement, or any portion of a new purchase, paid by the Payment Due Dote on your current billing statement. We call this the 'grace period. It is not less on 25 days. There is no grace period on balance transfers or cash advances, As more fully described in the section of yyoour Cordmember Agream t tided 'How We Apply Payments, we generally apply payments to your Account based on the APR applicable to the balonce of each transaction category. 'This raaaas that t you do not pay de New Balance an current bh ing sotemenl by-the Payment Due Date shown on that biling statement, then, depending on the amount of your payment and the APRs on other balances, you may not get a grace period on new purchases. We will charge you a minimum Interest Charge of $.50 for any billing period in which Interest Charges of less than $.50 00. If your Account has an annual fee, it will be billed of the kepinning of each anniversary year your Account is open. The amount of the fee the statement when the fee is billed. The annual Fes is not refundable unless you notify us that you wish ro close your Account within 30 days of the ielivary, claim, of the statement on which the Fee is billed. You will receive this refund even if you use your Card during that period. ClIM"ate Interest Charges Daily Balance Method (including current transactions): We figure interest Charges for each billing n.1 IF Ve calculate your Interest Charges separately For each balance subject to different terms (for example, standard purchases, standard cash dwnces and each purchase, balance transfer and cash advance balance subject to promotional terms(. We refr to these balances as ansoclion caegories. Ve figure the'darly balance' for each transaction category. To gel the 'daily bolarxa' we eke to be nning baance for each day, add any eve transactions and Fees and any interest Charges accrued on the previous day's dilly balance. We then subtract any credits and payments and take other adjustments (including those adjustments required in the section fired 'Paying Interest"). In calculating the doily balance for the first ay of the billing period, we consider the'provious day's doily balance' to have been your balance on the lost day of your previous billing eriod. This gives us the daily balance for each transaction category. Ve figure the Interest Charges on your Account by multiplying the daily balance for each transaction category by its daily periodic roe, for each ay in the billing period. he oral Interest Charges for the billing period are the sum of the daily Interest Charges Inc each transaction category for each day during that illing period. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DIS VER When we calculate dally balances, we add a new transaction as of the Transaction Dole shown on your billing Oatement, unless the transaction is posed to your Account after the close of the billing period in which it occurs, in which case the transaction will be odded to the daily balance as of the first day of the billing period in which R is posed to your Account. AN fees chorged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Fees which are added to the applicable cash advance transaction category and Balance Transfer Fees which am added to the applicable balance transfer transaction category. Foreign Currency Fee: 2% of the U.S. dollar amount of each purchase made in a foreign currency. Penalty Apits: Each time you M to make a payment when due, we may, in accordance with applicable law, (11 terminate the avoilobRiy of any Inlroducto/promotiawl APRs on new transoctions, and (ii) increase your APRs for new transactions so variable Penalty APRs which will be determined by adding up to an ciddhional 5 percentage points to the otherwise applicable APR. Your Penally APR is determined based an your creditworthiness and other factors such as your current APRs, and your account history. II your APRs for new transactions are increased for a late payment, the Penalty APRs will apply indefinitely. For TDDI (Teksoammunkatki s Davin for the Deal) aeebtance, pleatta call 1-800.347.7449, Discover may monitor and/or record telephone calls between you and Discover representatives For quality assurance purposes. The Discoverm card is issued by Discover Bank, Member FDIC OI TBK 172 CI) O ZNZ da D O_ O 8 N A N v ?n 90211378 Questions? Visit www.Discover.com or DISCOVER call 1-800-DISCOVER (1.800-347-2683). DISC VER N$ooo°'°"`° 31 SDSN6A01 0003683 JEFFREY PORTER 05 INDEPENDENCE DR 9HIPPENSBURG PA 17257-8218 Minimum Payment Due Account Number ending in 3490 $2,094.00 Enter Amount Enclosed Below Payment Due Date $ February 26, 2011 Address, e-mail or telephone changeZ Go to www.Discaver.com or print change in space above. Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover cornlpaperiess. PO BOX 6103 11111111111111 11111111111111 CAROL STREAM IL 60197-6103 lllltill rnlnlllllrrlnrlrll,rrrrllllmBill rl6rrtoil III ,III 000001986452228787494000000000000000209400 )parting Date: January 27, 2011 - Closing Date: January 31, 2011 page 1 of 2 Discover More Card Account Summary Account number ending in 3490 Previous Balance $9,451.79 Payrrjents And Credits 9,451.79 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 FeesCharged + 0.00 Inter 'st Charged + 0.00 Newi Balance 0.00 See Interest Charge Calculation section Following transactions for detailed APR information Credit Line $10,500.00 Credit Line Available $0.00 Coshi' Advance Credit Line $5,300.00 Cash Advance Credit Line Available $0.00 9-05noacrc Dams Anniversary Month April Opening Cashback Bonus Balance $ 0.00 Nevi Coshbock Bonus This Period + 0.00 Cashlwk Bonus Balance $ 0.00 To learn more, log in at www.Discover.com T Payment Information New Balance $0.00 Minimum Payment Due $2,094.00 Payment Due Date February 26, 2011 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late foe of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 24.99% variable. 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 cash towards • 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 Discovery card available. 3. Write to us at Discover PO Box 30943, Salt Lake City, UT 841 §0 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Carol Stream, IL 60 1 9 7-6 1 03 For TDD (Telecommunications Device for the Deal) assistance, please call 1.800.347.7449 Trans. Post Date Dote Paym I +nts and Credits Jan 31 Jan 31 INTERNAL CHARGE-OFF $ -9,451.79 Fees TOTAL FEES FOR THIS PERIOD $ 0.00 Intero t Charged TOTAL INTEREST FOR THIS PERIOD $ 0.00 201 1 Totals Year-to-Date TOTAL FEES CHARGED IN 2011 S 35.00 TOTAL INTEREST CHARGED IN 2011 1.21 9021378 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISC VER Paperless statements mean less clutter, more convenience Easily access up to 24 months of downloadable, password protected statements. •'See your statement as soon as it's available rather than wait for it to arrive in your mailbox. •'Get helpful payment reminders through e-mail or text messages on your mobile phone. • Print a paper copy of your statement anytime. Sign up today at Discover.com/papedess 02010 Dixover Bank, M-bm FDIC PAPER 03 10 O z 2 m D _o 0 0 0 N O u• 9021 378 Quettions? Visit www.Discover.com or DISCOVER call 1.800-DISCOVER (1-800-347-2683. DISC.'VER It pays to JEFFREY PORTER DISCOVER Account number ending in 3490 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account Current Oiling Period: 5 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE (APR) INTEREST RATE Purchases 19.99% V $0 $0 Cash Advances 23.99% V $0 $0 Balance Transfers 0.00% $0 $0 V = Variable Rate Additional Irnportant Information See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account Lost or'dolen cards. Report immediatelyl Call 1-800-347-2683. What To Do If You Think You Find A Mistake on Your Statement IF you think there is an error on your statement, write to us at: Discover, PO Box 30421, Salt Lake City, UT 84 1 30-042 1 In your! letter, give us the following information: Account information: Your name and account number Dollar amount: The dollar amount of the suspected error Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in guesIt may remain on your statement, and we may confinue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Oights N You Are Dissatisfied With Your Credit Card Purchases if you are dissatisfied with the goods or services that you have purchased with your credit card, and you have 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 purchase. To use this right, all of the Following must be true: 1 The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase, Purchases made with cash advances From an ATM or with a check that accesses your credit card account do not qualify. 3 You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover PO Box 30945, Salt Lake City, UT 84130.0945 While we investigate, the some rules apply to the disputed amount as discussed above. After we Finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. P nts. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sendin your check as described above, you authorize us to use information on your check to make an electronic fund bans from yyour account at the financial institution indicated on your check or to process the payment as a check transo tion. It payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use in rmation from your check to make on electronic fund transfer, funds may be withdrawn from your account as soon as the sarhe day we receive your payment, and you will not receive your check back From your financial institution. The pr essing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send a payment o any other address or if you use an envelope other than the one provided. Payments received in proper form our processing facility by 5PM local time on any day will be credited to your Account as of that day. Payments receiv at our processing factlify after 5PM local time will be credited to your Account as of the next day. If you have mispla ad your envelope, send your payment to Discover, PO Box 6103 Carol Stream, IL 60 1 97-6 1 03. Please allow 7 10 days f r delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. You c n pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1.800 347.2683. You will need this statement and your bank account information. You must ensure that sufficient funds re available in your bank account and all transactions must comply with U.S. law. You will be asked to provide the first 5 igits of your account statement ZIP code. By entering those numbers os your electronic signature, you will be agreeing to this ufhorization to allow us and your bank to dedud each payment you authorize From your bank account, and to initiate debit r credit entries to your bank account, as applicable, to correct an error in the processing of such payment. You must tell us he amount of eac payment or you can se ed an amount such as the Minimum Payment Due or the Now Balance on each s atement. You can cancel a enh however we must receive notice at least three business days in advance of the sched led payment. You may not! us by phone at 1-800.347.2683 or by mail at the address listed in the previous paregg aph. IF your payments vary to amount, we will tell you on each monthly statement when your payment will be made and hqw much it will be. Your automatic payment amount may be less than indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or k on your Account may be reflected in your credit report. We normally report the status and payment history of ii to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at t e following address: Discover, PO Box 15316, Wilmington, DE 1 98 50-5 3 1 6. Please indicate your name, address, home elephone number and Account number NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER Paying Interest: We begin to impose Interest Charges on all transactions from the Transaction Date for the transaction shown on your billing statement, unless a transaction is posted to your Account after the close of the billing period in which it occurs, in which case we begin to impose interest charges on that transaction from the first day of the billing period in which it is posted tp your Account. We continue to impose Interest Charges until the date you pay your entire New Balance shown on your billing statement by making payments or receiving credits. IF you paid the New Balance on your previous billing statement byy the Payment Due Date shown on that billing statement, we will not impose Interest Charges on new purchases, that is, purchases first appeoring on the current billing sfatement, or an? portion of a new purchase, paid by E. Payment Due Date on your current billing statement. We call this the "grace period. It is not less than 25 days. There is no grace period on balar{ce transfers or cash advances. As more fully described in the section of your Cardmember Agreement titled "How We Apoly Paymentswe general)y apply 3 rents to your Account based on the APR applicable to the balance of each transaction category. This means that it you do not pay the New Balance on the current billing statement by the Payment Due Date shclwn on t billing statement, then, depending on the amount of your payment and the APRs on other balances, you may notlget a grace period on new purchases. Minimur}s Interest Charge We will charge you a minimum interest Charge of $.50 for any billing period in which Interest Charges] of less than $. 0 would otherwise be imposed. Annual tee. If your Account has an annual fee, it will be billed at the beginning of each anniversary year your Account is open. The amount of the fee appears on the statement when the fee is billled. The annual fee is not refundable unless you notify usl that you wish to close your Account within 30 days of the mailing or delivery date of the statement on which the fee is billed:, You will receive this refund even if you use your Card during that period. How W Cokulate Interest Charges Daily Balance Method (including current transactions): We figure Interest Charges for each bil ing period. To do this: e calculate your Interest Charges separately for each balance subject to different terms (for example, standard urchoses, standard cash advances and each purchase, balance transfer and cash advance balance subject to promotional terms). We refer to these balances as transaction categories. 1+Ne figure the "daily balance" for each transaction category. To get the "daily balance" we take the beginning palance for each day, add any new transactions and fens and any Interest Charges accrued on the previous day's Cn {wily balance. We then subtract any credits and payments and make other adjustments (including those Z d'ustments required in the section titled "Paying Interest"). In calculating the daily balance for the first day of the D illiing period, we consider the "previous day's daily balance" to have been your balance on the last day of your o Rvious billing period. This gives us the dolly balance for each transaction category. o We figure the interest Charges on your Account by multiplying the daily balance for each transaction category by its daily periodic rate, for each day in the billing period. The total Interest Charges for the billing period are the sum of the daily Interest Charges for each transaction o category for each day during that billing period. u, When a calculate daily balances, we add a new transaction as of the Transaction Date shown on your billing statement, unless t e transaction is posted to your Account after the close of the billing period in which it occurs, in which case the transact on will be added to the daily balance as of the first day of the billing period in which it is posted to your Account. All fees ch rged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Fees w is are added to the applicable cash advance transaction category and Balance Transfer Fees which are added to the app icoble balance transfer transaction category. foreign (Currency Fee: 2% of the U.S. dollar amount of each purchase made in a foreign currency. Penalry IAPR5: Each time you fail to make a pa ent when due, we may, in accordance with applicable law, (i) terminate the availability of any introductory/Promotional APRs on new transactions and (ii) increase your APRs for new transactions to variablsrjjbbPenolty APRs which will be determined by adding up to an aJditional 5 percentage points to the otherwise applicable APR. Y ur Penalty APR is determined based on your creditworthiness and other factors such as your current APRs, and your account, history. IF your APRs For new transactions are increased for a late payment, the Penalty APRs will apply indefinitely. For TDd (Telecommunications Dovko for the Deal) assistance, please call 1-800-347-7449. Discovelr may monitor and/or record telephone calls between you and Discover representatives for quality assurance purposes. The Discover(Dcard is issued by Discover Bank, Member FDIC OITBK)72 9021378 Queaions? Visit www.Discover.com or DISCOVER call 1'-800-DISCOVER (1.800-347.2683(. CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff's Amended Complaint has been served by U.S. Mail, Postage Pre-Paid, on 37_ day of _ ? __, 2011 upon the following: Joseph Murphy, Esquire The J. Murphy Firm 210 Grant Street, Suite 301 Pittsburgh. Pa 15219 By: _ Sarah E. Ehasz, Esquire -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff(s) V. JEFFREY PORTER, Docket No.: 11-3510 Civil ANSWER TO AMENDED COMPLAINT r? n> C/7 ? N r = N < = a} •, Defendant(s) Filed on Behalf of: Defendant Counsel for this Party: Joseph P. Murphy 83120 THE J. MURPHY FIRM 210 GRANT STREET, #301 PITTSBURGH, PA 15219 (412)521-2000 RIG1PdA rn? 7 ..tea.. -.,.. r7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff(s) V. JEFFREY PORTER Defendant(s) Docket No.: 11-3510 Civil Certificate of Service I do solemnly swear that a true and correct copy of the within ANSWER TO AMENDED COMPLAINT was delivered to the below party or counsel therefore as follows: Sarah Ehasz, Esq Weltman, Weingberg, Reis 436 Seventh Ave, Suite 1400 Pittsburgh, PA. 15219 [ x ] Via First Class U.S. Mail, Postage Pre-Paid [ ] Via Facsimile: [ ] Via Certified U.S. Mail, Postage [ ] Via Express Mail Pre-Paid Carrier: Article Number [ ] Via Certified U.S. Mail, Postage [ ] Other Method as follows: Pre-Paid, Return Receipt Requested. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK, Plaintiff(s) V. JEFFREY PORTER Defendant(s) Docket No.: 11-3510 Civil Answer to Amended Complaint AND NOW, come(s) Defendant, by and through counsel, the J. Murphy Firm, and Joseph P. Murphy, and bring(s) and files the within ANSWER TO AMENDED COMPLAINT, averring in support thereof as follows: 1. Unknown to this answering Defendant. 2. Admitted. 3. This is a legal conclusion offered without factual support to which no reply is required. 4. No response required. 5. No response required, this is a legal conclusion. Admitted that a 2009 term sheet is attached. 6. No response required, this is a legal conclusion. 7. Admitted that the card was used. 8. Unable to admit or deny that statements were sent each month. Admitted that some statements were sent and received. 9. No response required, this is a legal conclusion. 10. No response required, this is a legal conclusion. 11. Unknown when the last payment was made. 12. No response required, this is a legal conclusion. 13. No response required, this is a legal conclusion. 14. No response required, this is a legal conclusion. 15. No response required, this is a legal conclusion. Admitted that payment has not been made in some time. 16. The agreement speaks for itself. 17. Unknown what the Plaintiffs fees are and what is reasonable. 18. No reply required 19. Admitted that the card was used unable to admit or deny what types of expenditures the card was used for. 20. Denied. The card only extended credit not the items. 21. No response required, this is a legal conclusion. Respectfully Subm Josep VPurphy 2,T/ I sel for Defendant) !??t D 2 l 3'7 ?l L ??ScO?e,- (o) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. IUD D &,,1 20 n C Te 4re CJ- j??rfe,r rn ?p D? RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially Aw Following form: D PETITION FOR AI1POINTME11T OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: N CCy cr? tea c,a C.? SilrO' k ?' E AAA r I v,. ',.e for the Iainti defer t in the above action (e&aege .s), respectfully represents that: 1 The above-captioned action (was) is (4NW) at issue. 2. The claim of plaintiff in the action is $ Q , k S- ! , 7q The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as a S"k rbitrators: 1 f J t E1err c ljj'?-S§2k /nw cf . 1?, b e.J& L - 11 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators whom the case shall be submitted. ? Respectfully submitted, I/ A't'torney l"j-r e -*h N64 ORDER OF COURT n c-3 c -r; AND NOW, j AA , 200/ , in consideration of the f?oir?-oi %JW petition, "f?`e`22?d? Esq., and M Esq., and n? 1,A7-h-/n0 Esq., are appointed arbitrator in tiov6a C'? s .-? captioned action (:r a tins) as prayed for. C:) -n By the Court, cn ?os?P l mom,- / . ?. -< ? G- Kevin A . , PT 4,2q. 00 Pa n-rN C'r i w(o IM C7 x -t Fri r- 70 M kD 4c) = -v7 CD R ...yV Plaintiff tiJ . Pte., Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 3 -T/'6- p "'I Civil Action -- Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. S ignatur.. STEPA" Name (Chairman) 5a+tQ . S W 44-41 Law Firm 43S ?S. f az. S?,yAv Address 4aturSige T_ yt?c.i a?. I?A.yIV V/ Name !Si-nat4urj- {ch o Name -'kA r; C, S Law Firm 11-4w. so Address PA l-EQMo ?AW O-Mea.u. Law Firm Address L.Eatiayxlc t]?y3 ste.. 1. 17D 1s CA11i?s1?? ?? n613 City, Zip City, Zip City, Zip Award We. the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Arbitrator, dissents. (Insert name if applicable.) Date of Hearing:_ /"7 7 Date of Award: /! Z94/r Notice of Entry of Award Now, the 26 day of , 20 // , at /y P M .., the above award was - 1 entered upon the docket and notice thereof given by mail to the parties or their attorneys. n appeal Arbitrators' compensatizProthonotary S 3SO•0d B y: Deputy c ... r CL- a ,_ cat to LAJ2: c=) COW CIIIIL Inar'PIL t , ;tt ry j 111?0TAF? t i?li??.e M2 ??Ma i• ?C? COU1 T*`t r,h tai ?±1?? p 1 1 i IN r\ p# f hq? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-3510 CIVIL JEFFREY W PORTER Defendant PRAECIPE FOR JUDGMENT ON AWARD OF ARBITRATORS TO THE PROTHONOTARY: Enter Judgment against Defendant, JEFFREY W PORTER, on the Award of Arbitrators in the amount of $9451.79. I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By:?? 'r William Molczan, Esreeis PA I. D.#47437 Weltman, Weinberg &; Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#09021378 Plaintiff's address is: c/o Wellman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendantl is: 95 INDEPENDENCE DRIVE, SHIPPENSBURG, PA 17257 at,k%1 q.WP4 a C K-W loam t-j kc?U &qj' $? 0 .,m b?Q °laintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 35ID- 4,911 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ?j .6- Signatur Sig ature Signature G-re?A" L. GRbsE Name (Chairman) Law Firm Address Name ?qri L Sfi?12r2r 1 L.C, Law Finn 19 Q. so Address IY?(ChO.Q? ?.t'ol?v?Ma,Jr. Name RA I-ERMa LAW 0-Ma-Z5- Law Firm 1 --? . W. &--I? a. Address LF ?way?i= 0 0`13 l.?lrltsR? . - 17D13 Cx Sio Ag n613 City Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) . Arbitrator, dissents. (Insert name if applicable,) Date of Hearing: 10 .7 ?i Date of Award: /0 411 Notice of Entry of Award (Chairman) RUE COPY F'ROMP RECORD 41MOnY whereof. t here unto set my hand M seal of "d COW at Eadh". Pa. azl rOf 2011 ? Puat Mno le'x.94 Now, the ta day of 6C-"4-,2011 , at Plq , P .M., the above award was entered upon the docket and notice thereof Given by mail to the parties or their attorneys. Arbitrators' compensation to be a' pon appeal Prothonotary By: Deputy 0q0 0IL 1 ?? ?,` ._ ..,....a,.,...._.? ?} ?K..:a....,.?..e.W? ?r??` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 11-3510 CIVIL JEFFREY W PORTER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $9451.79 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( } Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict (xx) Arbitration Award Prothonotary JEFFREY W PORTER 95 INDEPENDENCE DRIVE By: w SHIPPENSBURG, PA 17257 PROTHONOTARY (OR DEPUTY)