HomeMy WebLinkAbout11-3997Discover Bank
c/o DB Servicing Corporation
6500 New Albany Road East
New Albany, OH 43054
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND, PENNSYLVANIA /?
No. I ` `39 L?, 1, l r1
CIVIL ACTION - LAW
SUSANNE M HARTMAN
228 EWE RD
MECHANICSBURG, 17055-4872
Defendant
NOTICE TO DEFEND
4J rJ
-71
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 is served,
by entering a written appearance, personally of by attorney, and filing in writing with the Court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so, the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle PA 17013
800-990-9108
S
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Cc* 'x4 tIy
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IN THE COURT OF COMMON PLEAS OF
• CUMBERLAND, PENNSYLVANIA
Discover Bank No.
c/o DB Servicing Corporation
6500 New Albany Road East
New Albany, OH 43054
Plaintiff
VS.
CIVIL ACTION - LAW
SUSANNE M HARTMAN
228 EWE RD
MECHANICSBURG, PA 17055-4872
Defendant
AVISO PARA DEFENDER
USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la
demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias
despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia
personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones
a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso
puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas
aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio
solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante
para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO
TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI
ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A
PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
Cumberland County Bar Association
32 South Bedford Street
Carlisle PA 17013
800-990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND, PENNSYLVANIA
Discover Bank No.
c/o DB Servicing Corporation
6500 New Albany Road East
New Albany, OH 43054
Plaintiff
VS.
SUSANNE M HARTMAN
228 EWE RD
MECHANICSBURG, PA 17055-4872
Defendant
CIVIL ACTION - LAW
COMPLAINT
1. The Plaintiff is Discover Bank, f/k/a Greenwood Trust Company (hereafter "Discover Bank"), an
FDIC-insured Delaware State Bank. The business address for legal action is DB Servicing Corporation,
6500 New Albany Road East, New Albany, OH 43054. DB Servicing Corporation is the servicing
affiliate of Discover Bank. Both Discover Bank and DB Servicing Corporation are wholly owned
subsidiaries of Discover Financial, an independent, publicly traded company.
2. The Defendant, SUSANNE M HARTMAN, is an adult individual, residing at:
228 EWE RD
MECHANICSBURG, PA 17055-4872
3. At all relevant times, Discover Bank was, and is a bank chartered under the laws of the State of
Delaware.
4. At all relevant times, Defendant was the holder of a Discover Card credit card (the "Card") that
enabled Defendant to charge items to a Discover Card Account (Account Number: XXXXXXXX-XX-
7802) (the "Account").
5. At all relevant times, Defendant was the basic cardmember on the Account, and was responsible
for paying all amounts charged to the Account.
6. The Terms Level Agreement between the Discover Card Cardmember and Discover Card (the
"Agreement") was provided to Defendant during the time period in which the Card was utilized and
maintained by Defendant, and therefore, Defendant assented to the terms and conditions therein, and a
true and correct copy of the Agreement is attached hereto, and incorporated herein, as Exhibit "A".
7. By accepting and using the Card, Defendant agreed to all of the terms and conditions set forth in
the Agreement, including the following:
a. Defendant agreed that, as the basic cardmember, Defendant is liable for all amounts
charged to the Account.
b. Defendant agreed to make "Minimum Payment" (as that term is used in the Agreement)
due each month, for charges on the account, by the payment due date indicated on the monthly
billing statements mailed by or on behalf of Discover Card. True and correct copies of
statement(s) are attached hereto, incorporated herein, and collectively marked as Exhibit "B".
Defendant agreed that if the payment was not made by the payment due date indicated on
the monthly billing statements, Discover Card may assess additional fees per the terms of the
agreement.
d. Defendant agreed that in the event of default, Defendant would pay all reasonable costs,
including reasonable attorney's fees, incurred by Discover Card in collecting the balance due,
including finance charges and delinquency fees, and in protecting itself from any harm it may
suffer as a result of the default.
8. Defendant used the Card to charge various items to the Account.
9. Discover Card issued and sent to Defendant the Account Statements, which set forth in detail all
items charged to the Account, and the total amount due and owing by Defendant to Discover Card.
Count 1- Breach of Contract
10. Discover Card incorporates by reference the averments of paragraphs 1 through 9.
11. Defendant failed to make the minimum payment specified on the statements.
12. By reason of the foregoing, Defendant breached the Agreement with Discover Card.
13. As a result of the breach, Defendant is personally liable to Discover Card for the sum of
$7,505.32. See Exhibit "B" as previously identified and incorporated herein.
14. Despite due demand, Defendant has failed to pay Discover Card the sum stated in paragraph 13.
15. As a result of Defendant's failure to pay the amount that Defendant owes, Discover Card referred
its claim to outside attorneys for collection, and is entitled to collect reasonable attorney's fees from
Defendant.
16. By reason of the foregoing, Discover Card is entitled to judgment against Defendant for breach of
contract in the sum of $7,505.32, plus reasonable attorney's fees, costs and prejudgment interest.
WHEREFORE, Discover Bank demands judgment against Defendant on County 1 in the sum of
$7,505.32, plus reasonable attorney's fees, costs and prejudgment interest.
Count 2- Account Stated
(in the alternative of Counts 1 and 3)
17. Discover Bank incorporates by reference the averments of paragraphs 1 through 16.
18. Defendant used the Card to charge various items to the Account for which payment was never
made. Discover Card and/or its servicing affiliate DB Servicing Corporation. kept accurate records of all
debits and credits to the Account for the prior billing period.
19. Discover Bank mailed to Defendant monthly billing statements for the Account, which accurately
stated the previous balance, and the debits and credits to the Account for the prior billing period.
20. Defendant had, for many months, made payments on account of the billing statements or retained
the statements without payment.
21. Defendant's actions as set forth above constituted an account stated between the parties for the
sum of $7,505.32, which sum reflects the balance, less credits, if any which were applied prior to the date
of this complaint.
WHEREFORE, Discover Card demands judgment against Defendant on Count 2 in the sum of $7,505.32,
plus prejudgment interest and the costs of this action.
Count 3- Unjust Enrichment
(in the alternative to Counts 1 and 2)
22. Discover Card incorporates by reference the foregoing paragraphs 1 through 21.
23. As a result of the foregoing, Defendant received the benefit of Discover Card's extension of credit
in the amount of $7,505.32, without paying for same.
24. Defendant was aware of, apprehended and appreciated Discover Card's provision of credit by
reason of Defendant having made payments on the account of the Account statements received on and
after Defendant opened the account.
25. The reasonable value of the credit Discover Card provided Defendant is the sum of $7,505.32.
26. Discover Card is entitled to prejudgment interest on the outstanding balance from the statement
due date.
27. Discover Card believes and avers if the relief requested herein is not granted, Defendant will be
unjustly enriched at Discover Card's expense.
WHEREFORE, Discover Card demands judgment against Defendant on Count 3 in an amount to be
determined at trial.
Respectfully submitted,
Amy F. Doyle,(Fsq.
PA Supreme Court ID -'62
Schlee and Stillman, LLC.
Physical Address:
204 St. Charles Way, Unit E#177
York, PA 17402
Processing/Mailing Address:
P.O. Box 251298
West Bloomfield, MI 48325
For Court(s)/Attorney(s): 248-851-6000 Ext.601
888-286-5001 (Phone)
443-588-0417 (Facsimile)
Counsel for Plaintiff
STATE OF OHIO
COUNTY OF FRANKLIN
_ VERIFICATION
I 11 hL See kA {)r r am a Legal Placement Account Manager for DB Servicing
Corporation, the servicing agent of Discover Bank, an FDIC insured Delaware State Bank located at
Discover Bank c/o DB Servicing Corporation., 6500 New Albany Road, New Albany, OH 43054.
1. I am employed by DB Servicing Corporation and am competent to testify to the matters stated in
the Complaint which are made on my personal knowledge, based upon the books and records of
the Plaintiff, and are true and correct to the best of my information knowledge and belief.
2. In the ordinary course of business and as a regular business practice, DB Servicing Corporation,
the servicing agent of Discover Bank, employees or representatives with knowledge of the
accounts compile business records memorializing account activity and transactions at or near the
time they occur.
Entries in the files and business record of Plaintiff are made contemporaneously with transactions
in order to preserve the accuracy of the transaction.
4. Plaintiff's files and business records are maintained by DB Servicing Corporation, the servicing
agent of Discover Bank.
I have access to the files and business records relating to this account.
6. There is now due and owing from Defendant, Susanne M Hartman, to Plaintiff, upon Account
Number XXXXXXXX-XX-7802, the amount of $7505.32, including credit(s) and adjustment(s).
7. The documents attached to this affidavit, if any, are true and accurate copies of business records
regarding the Defendant's account.
Upon information and belief, the Defendant is not now, nor has been within 30 days hereof, in the
military service of the Unites States as defined in the Servicemembers Civil Relief Act as
amended nor an infant, incompetent, under mental defect or infirm.
9. Defendant is entitled to no known valid defenses, setoff or counterclaims, and further states that
written demand was made upon the Defendant.
I understand this verification is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
S or?n to and Su scribed before me this
1 day of 20
'? t SC, guiew Notary Public
Affiant
TERESA L. CALDWELL
2 = Notary Public
* __ * = In and for the State of Oiro
My Commission Expires
June 10, 2011
DISCOVER
YOUR DISCOVER` BUSINESS
CARD ACCOUNT
CARDMEMBER AGREEMENT ............ -Pages 1-14
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 43.
PRIVACY POLICY .........................Pages 14-16
A summary of the personal information we collect,
when it maybe fired 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.
DESCRIPTION OF COVERAGE ............... Pages 16-2S
The terms and conditions of the Common Carrier
Accident Insurance and the Primary Collision Damage
Waiver that is provided at no charge to you when
you use your Card to purchase airline or other.
common carrier tickets or rent an automobile.
GLOBAL TRAVELER'S HOTLINE ..................Page 2S
The terms and conditions of this free travel assistance
benefit.
02010 Disoover Bank, Member FDIC TL22EF.0210
10DCM0_0280K_TL22EF0210_00082.-mader.kidd 1-2 1221109 M:12 AM I ,
G
EX"I -17
?I
CARDMEMBER AGREEMENT
Please read this Agreement cinhiBy before using your Discovers Business
Card Account It contains the term 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 pag 10 and our Privacy Policy for
additional information. The Arbidatkn If Disputes section on page 11
Includes a walver of a number of rights, Including the right to a jury trial
The Right to Reject Arbitration section on page 13 describes the procedure
you must follow If you desire to reject the Arbitration of Disputes
section.
DEFINITIONS ................................................... 2
USING YOUR ACCOUNT .........:.........
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 ............................................ 4
Unauthorized Use ........................................... 4
Your Credit Lines ............................................ 4
Authorized User Monthly Spending Limits ........................4
MAKING PAYMENTS ............................................. 4
Promise to Pay .............................................. 4
Monthly Baling Statement .................................... 5
Monthlyp YnhmitOpdons .................................... 5
Automatic IflIng Arrangements ............................... 5
How We Apply Payments ......................................5
Minimum Monthly Payment .................................. 5
Skip-A-Payment Offers ....................................... 6
Credit Balances .............................................. 6
FINANCE CHARGES ...............................................6
How We Calculate Periodic Finance Charges ......................6
How We Calculate Your. Balances .............................. 6
Variable or Fixed 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
Ovedimit Fee ................ ....9
Returned Payment Fee ........................................
Retuned Discover Business Card Check Fee ...................... 9
ne Fez ............................................9
Research Fee ................................................ 9
DEFAULT AND CANCELLATION ..................................... 9
Types of Default ..............................................9
Consequences of Default ..................................... 9
Ca'nceltation .................................................9
PRIVACY AND OUR COMMUNICATIONS WITH YOU ..................10
Our Privacy Policy ............................................10
_1_
10DCMQ_02nOK-TL22EF0210_00082_reader.indd 3.4
12I21M9 9A9:12 AM
Reporting to Credit Reporting Agencies ....................... 10
Our Communications with You .............................. 10
Releasing Information About Your Account ................... 10
Notices and Changes to Your Contact Information ................10
Electronic Notices to You ................................... 10
CLAIMS AND DISPUTES ......................................... 11
Merchant Disputes ...........................................11
Claim Notices ...............................................11
Arbitration of Disputes .......................................11
Right to Reject ArIftition ....................................13
LEGAL INTERPRETATION OF THIS AGREEMENT .......................13
SeverabRity .................................................13
Compliance with Interest Rate Limitations .......................13
Governing law ..............................................13
ASSIGNMENT OF ACCOUNT ......................................13
CHANGES TO THIS AGREEMENT ...................................14
DEFIN nms
'Aaounr means your Discover Card Account, inducting all subaaounts
established for Authorized Users.
Authorized User means. any person whom you authorize to use your
Amount or a Card whether you notify us or rat
'Business' refers to the business entity identified in the application or
request for this Acownt or for the benefit of which the Account was
ppeeiod, as well as the successors and assigns of that entity.
'Cardrnember' refers to the owner, officer or other principal of the
Business who signed or submitted the application or request for this
Account and any other personW other than the Business who are alto
cormacbnally liable under this Agreement
'Card' means any one or mote Discover Business Cards issued to you or
someone else with your authorization.
Tri l g Schedule' means the document amompa%* your Card and
IhU?ntgg the Finance Charge rates, that apply to your Amount The Pricing
Schedule is part of this Agreement
'We," W and iota' refer to Discover Bank, the issuer of your Discover
Bursirhess Card.
'You,' your" or 'yours' refer to the CardmemberW and the Business.
USING YOUR ACCOUNT
Your Acceptance of this Agreement The use of your Account or a Card by
you or an Autltorized Una, or-your, failure to cancel your Account within 3b
after re living a Card, means you Accept including the
Disputes section on page 1I. You may, however reject the
Arbitration of Disputes section as explained on page 13.
Permitted Uses of Your Amount Your Account may only be used for
business purposes as follows:
9 Purchases - to purchase or lease goods or services from participating
merchants by presenting your Card or Amount number or by
using check;, which we may provide to you for this purpose
('Pwdm*Chedcs')i in accordance with su di additional terms and
conditiors as we may offer from time to time.
• Cash Advances - to obtain cash advances from participating automated
teller machines, financial institutions or other locations, the purchase of
lottery tickets, racetrack wagers, vouchers redeemable for cash or for
casino chips, money orders travelers dnedcs savings bonds, foreign
currency and wire transfers, or by means of checks which we may fumsh
.2_
10DCMO-02BOK_TL22EF0210_000e2 rawar.kw S.e
to you, all in accordance with such additional terns and conditions as we
may offer from time to time.
Balance Transfers - to transfer balances from other creditors or to make
other transactions by mean of balance transfer coupons or checks, in
accordance with such additional terms and conditions as we may offer
from time to time.
In addition, your Account may be used to guarantee reservations at
participating establishments. You will be liable for guaranteed reservations
that are not cancelled prior to the time specified by the establishment
Prohibited Uses of Your Account Your Amount may not be used for (i)
personal, family or household purposes, (ll to obtain loans to purchase,
carry or trade in securities; (iii) to pay any amount you owe under this
Agreement; or (iv} for any transactions that are unlawful where you reside
or where you areppithyy?u?a11y located when you use the Account to initiate
the transaction ('Prohibited Trans ions') You warrant and represent that
you own
r are
licensed for useowith your Account any Business name or logo you provide to
Lis Purchases and Cash Advances in Foreign Currencies. If you make a purdwse
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 exdhanQe rate, depending on the country and currency in
which the transaction u 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 =%! our statemerrL We charge a Fore ign
Currency Transaction 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 peiiodiw 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 orto make other transactions to your
Account by means of balance transfer coupons or checks. Balance transfers
may ordy be used to transfer commercial balances or pay business expenses.
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 Charlie 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 Authorbations. Certain transactions will require our authorization
prior to completion. In some Casa, you may be asked to provide
Identification We have the right not to authorize a transaction for security
or other reasom. 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.
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12!21 /09 999:12 AM
Authorized Users. You may add Authorized Users with individual
subacmunts by conttecdnngg us at 1.888-DISCOVER (1.88&347-2683). If you
want to cancel the authority of a curmnt Authorized User to use
your Acmunht or a Card, you must notify in and destroy any Card in
that person's possession. You can notify us by tekphoring 1.888-DISCOVER
(1888347-2683) or by writing Discover Business Card, PO Box 3023,
New Albany, OH 43054.3023. 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 A ned by the person
to whom it Is Issued. If a Card is lost or stolen, or if you think that someone
is using your Amount or a Card without your permission not'?1fyy
us immediately. You can notify us by telephoning 1.111 DISCOVER
(1.888.347-2683), or by writing Discover Business Card, PO Box 3023,
New Aloany, OH 43054 3023 You agree to assist us In determining the facts
are?latirg t any theft orp? isle Iruutihaized rose of your Amount or a Card
our to " .on edit procedures as we.may require in connection with
Your Credit Unes. We will advise you of your Amount credit line. We may
impose separate lower lines that will apply to PtudwseChedc transactions,
cash, advances, or balance transfers, each referred to as the PurchaseChedc
credit fine, cash advance credit fine, and balance transfer credit fine,
respecthrely. You agree not to allow your unpaid balance, including Finance
rges a fees, to exceed your Account credit line. If you exceed your
Amount credit line, we may request immediate payment of the amount by
which you exceed your Amount a-ed$ fine.
WeWnay Increase-or deaeaseyour Amggrt credit line, your PurchaseChedc
cre t gnne, cash advance credit line or your balance transfer credit line
without notice. The credit available for your use may, from time to time, be
less than your Amount credit fine. For purposes of determining your
available credit, we reserve the ?'ght to postpone for up to 1S business days
reducing your unnppaaid
credit balance. bad by the amount of any payment that we
receive. Your aV811able credit will not be increased by the amount of any
Authafzed User Monthly Spending Umits. Vie impose m,,,,N,I,'
spendnngg limits on each Autorized User, which YAH to all transactions made wft hinthhe same billing period using that zed.Users Card or
subacco nt number. From time to time. we may, allow you to range the
monthly spending Raft for Authorized Users. Monthly spending limit will
be subject to the Account credit line.
MAKING PAYMENTS
Promise to P You agree to pa? tls in U.S. dollars for all purchases, cash
advances and lance transfers cluding applicable Finance Charges and
other charges or fees,. incurred by you or anyone you authorize or permit
to use your Amount or a Card even If you do not notify us that others are
using yyeo Amount or a Card and even if a transaction causes an
Authorized User to exceed a monthly spetsdhng Rmit If you pay us in other
than U.S. dollars, we may refuse to.accept the payment or charge your
-Account our cost to convert your payment to U.S. dollars. AR dudes must
be drawn on funds on deposit In the U.S. You may not use a Purchaseawdt,
cash advance check, balance transfer chuck or coupon, or any other
Promotional died drawn on any Discover Bank credit card account to
make payments on you Account.
Each Cardmember agrees to be Rable individually and jointly with the
.4-
I M 7-e
Business for the entire amount owed on your Amount. We can accept late
payments or partial payments or checks and money orders marked
'payment in fu ' or with any other restrictive endorsement without losing
any of our rights under this Agreement
Monthly Bff" Statement. We will send you a billing statement after each
monthly billing period in which you have a debit or credit balance, unless
we waive our right to do so as permitted by law. The bgiing statement will
show all purchases, cash advances, balance transfers, Finance Charges and
other durl the fee and all payments. or other credits posted to your
Due Date, and MWmum Payment Due as the your New of the, Payment
nil period.
H your prior month's is returned unpaid, your required Minimum
Payment Due may be her than shown on your billing statement. See the
Minimum Monthy Payment section on below. Prime
BMolenhtihly Options. You may at any time pay the entire New
your biding statement, but each month you must pay at
least the Minimum Payment Due as described in the Minimum Monthly
Payment section. AB payments must be made in accordance with the terms..
stated on your mor" billing statement, as well as the payment cut-off
time stated In this section, and we will credit your Amount 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 wig 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 thatyouver fythe merchanthasyournewAmount information.
You must contact the merchant directly if you do not wish to continue the
automatic billing arrangement
How We Apply Payments. We will apply payments and credits to the New
Balance shown on your current billing statement In order of the Annual
Percentage Rate applicable to the balance of each transaction category (as
referenced In the Finance Charges section), ? lly from lowest to highest
beginning with the balance subject to the Amaral Percentage Rate.
We then apply payments and credits to any new transactions USI the
same method. Howeve4 we have the right to apply payments and credits to
balances with higher Annual Percentage Rates prior to balances with lower
Annual Percentage Rates, such as when there are two initial special rates
applicable to your Account and the laver Annual Percentage Rate will
expire before the higher Annual Percentage Rate.
Minimum Monthly Payment The Minimum Payment Due each month will
be the sum of ary amount past due and the minimum monthly payment,
The minimum monthly paymerht each month will be the greater of f 10 or
3.00% of the New Baal nce, rounded to the next higher whole dollar
amlo{nt. If the New Balance is less than $10, the minimum monthly
payment wig be the amount of the New Balance. We may also include in
your minimum monthly payment all or a portion of the amount by which
youroutstanding balance exceeds your Amount credit line. If more than
90% of your New Balance consists of special rate balance transfers, we may,
at our discretion, increase your Minimum Payment Due to a maximum of
4% of the New Balance If it would otherwise be less than that
Paying the Minimum Payment Due may be insufficient to bring your
Account balance below your Amount credit line and, consequently, may
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1221A9 909:13 AM I
not avoid the imposition of an additional Ovedimit Fee described in the
Overiimit Fee section.
Skip-A.Payment Offers. We may from time to time allow you to not make
a minimum monthly payment and will notify you when this option 6
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 Bunten. We will refund any credit balance within seven business
days from receipt of your written request. If you do not request a refund,
we will automatically refund credit balances greater than $1 that remain in
your Account after 6 months.
FINANCE CHARGES
Now We Calculate Periodic Finance Charges. We begin to impose Periodic
Finance Charges on all transactions from the Transaction Date for the
transaction as shown on your billing statement, unless a transaction is
posted to your Account after the dose of the billing period in which. it
omin in which cad we begin to impose Periodic Finance Charges on that
transaction from the-first day of the billinq period in which it is posted to
your Amount We continue to impose Periodic Finance Charges until the
date you pay. your entire New Balance, by making payments or receiving
credits. However, If you paid the New Balance on your previous billing
statement by the Payment Due Date shown on that billing statement and
you pay the New Bby the Payment Due Date on your current billing
statement, we will not impose Periodic Finance Charges on new purchase,
that Is, purchases first appearing on the current billing statement We call
this the 'grace period.' There Is no grace period on balance transfer, cash
advances or P rchaseChecks
We sort your transactions into groups of purchases, cash advances, and
balance trarSfers and then further sort the trarsactons within each group
by thek Annual Percentage Rate. For example, purdwses subject to a
promotional rate and purchases subject to a standard rate would be
end of each biWe refer to these groups as transaction ateyories. At the
cid
end of eoreach [day ling opere compute balances and Periodic Finance
Charges the billing period for each transaction category. We
use following equation to compute Periodic Finance Charges for each
transaction category.
(Average Daly Balance) time (days in billing period) times
(DallyPerlod c: Rate).
You may refer to the finance charge summary on your billing statement for
these amountL Then we add up the Periodic Finance Charges for. each
transaction category to get the total Periodic Finance Charges for your
Account The Average Daly Balance is shown as zero lf; because of the
grace period no Periodic Finance Charges apply to the balance in a
traraacdon category. The Daily Periodic Rate 411365th of the. corresponding
Annual Percentage Rate.
How We Calculate Your Balance. We use the Average Daily Balance
(inducing new transactions) method of calculating the balance upon which.
we Impose Periodic. France Charges. We compute the Average Dal
Balance for each transaction category by adding up all the daily balances In
a billing period for a transaction category and drvidag the total by the
number of days in the billing period. We compute the dally balance for
each transaction ategory'ors each day by first adding the following to the
previous dayls daily balance: transactions with a Transaction Date of that
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I 0280iLn22ex=0210_000e2_reader.u,dd 9.10
day as shown on your billing statement, unless the transaction is ported to
your Account after the dose of the billing period in which it occurs, in
which case the transaction will be added to the daily balance as of the first
day of the billing period in which it is posted to your Amount, fees charq?d
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 fling 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 or Fixed ksterest Rates. One or more Daily Periodic Rates and
corresponding Annual Percentage Rates that apply to a transaction
catcyory maybe 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 purposes of this Agreement, the Prime Rate is the highest rate
of interest listed as the 'prime rate' in the Money Rate section of The Wall
Street Joural on the last business day of the month. The Prime Rate is
merely a pricing index and doe not represent the lowest or best interest
rate available to a borrower at any bank at any given time. If you have a
variable rate, your Annual Percentage Rate will increase or decrease when
the Prime fate changes. This change will be effective beginning with the
first day of the billing period that begins during the same month as the
range in the Prime Rate. An increase in the Annual Percentage Rate may
increase your Minimum Payment Due.
Default Rate Each time you do not make a required payment on time or
each time you exceed your Account credit line twice in a twelve month
period (each, a 'Default Rate Event), we may increase the standard
Annual Percentage Rates for Card purdhases, Purc aseChedcs, balance
transfers and cash advances to a variable rate equal to the Prime Rate + up
to 27.55%, but such rate will never exceed 29.99% (the 'Default Rate'). At
the same time, any special rates on Card purchases, PurdaseC hedcs,
balance transfers or cash advances will end and the Default Rate may
apply. The maximum Default Rate which would currently apply is set forth
In your Pricing Schedule. We will base your Default Rate on factors such
as:
• your current APRs
• your payment history with us
• your general credit history
Any increased rate will apply beginning with the first day of the billing
period in which Of we did not receive at least the Minimum Payment Due
by the Payment Due Date or Off you exceeded your Account c edit line for
the seOW time in a twelve month period. If your standard Annual
Percentage Rate for purhases was increased under this or any previous
version of the Default Rate section and, for any nine consecutive billing
periods thereafter another Default Rate Event does not occur, then your
Annual Percentage Rate for your new purchase will be reduced to a lesser
variable rate which may be higher than your previous standard Annual
Percentage Rate for purchases and your Annual Percentage Rate for your
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12I2lM 9=13 AM I
existing Purchase balance may be reduced to a lesser variable rate which
maybe higher than your previous standard Annual Percentage Rate for
purchases. Any reduced Annual Percentage Rates on new and existing
purchases may bed' fferent and will apply beginning with the first day of
your tenth billing p However, if a Default Rate Event occurs in the
tenth billing period a?Default Rate will apply.
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 imposRion of Cash Advance Transaction Fee Finance
Charges may result in an Annual Percentage Rate for cash advances that h
higher than the nominal Annual Percentage Rate. All forms of cash
advances Including those using Purchase Checks and cash advance c heclm
except as spe AW In an offer, are subject to Cash Advance Transaction Fee
Finance Charges. To obtain the total Finance Charge on cash advances for
each billing ppee rill we add any Cash Advance Transaction Fee Finance
Charges for therrgg period carged under this section to arty Periodic
F'mathce Charges exkulated under the Periodic Finance Charges section for
each casts advance transaction category and add up these amounts.
Balance Transfer Transaction Fee Firwnce Charges. Unless otherwise
specified in a balance transfer oft we YAN 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 transfers that is higher than the nominal Annual Percentage
Rate. To obtain the total Finance Charge on balance transfers for each
bBfing perlod, we add any Balance Transfer Transaction Fee 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
rt ofCuu ? Transaction Fee FINANCE CHARGE of 2% of the U.S. dollar
purchase made in a foreign currency. The imposition of
Foreign Currency Transaction Fee Finance Charges may result in an Annual
Percentage Rate for purchases that Is higher than the nominal Annual
Percentage Rate. To obtain the total Finance Charge on purchases for each
billinig period, the bB' add any Foreign Currency Transaction Fee Finance
Charges nngg period charged under this section to any Periodic
Finance Chargetcakulated under"the Periodic Finance, Charges section for
each purchase traiaaetion category and add up these amounts.
MWmum Finance Charge. We will char
?e you a minimum FINANCE
CHARGE of 550 for any billing period in which Periodic Finance Charges of
less than 550 would otherwise be imposed.
Amount Set-up Fee Finance Charge. If your Prkirg Schedule accompanying
your Card Includes an Account Sec up leer, we will charge you a onetime
Amount Set-up Fee FINANCE CHARGE in the amount indicated when we
open your Account
FEES
Annual Fee. If you Priding Schedule accompanying you Card includes an
Annual Fee, we will charge you an Annual Fee in the amount indicated. We
will charge you this fee when we open your Amount and at the beginning
of each anniversary year your Account is open. The Annual Fee Is not
refundable, except as provided by law.
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10DCM0 02BOK-TL22EF0210_00062_reader.Mdd 11-12
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 dud not receive timely payment If the sum is $100 or
the the fee is $ 15; If it is greater than S 100, the fee is $39.
Overfmlt Fee. We will charge you an Overiimit Fee of $39 each time that,
as of the dose of a billing period, your outstanding Account balance
exceeds your Account credit line and the sun of all outstanding purchases,
cash advances, balance transfers, other charges, other fees and Finance
Charges at the end of the billing period is greater than $ 1,000. This fee may
be charged even if the transaction which causes you to exceed your
Amount credit line is authorized by us or if you exceed your Amount credit
line due to the posting of Finance Charges or fees to your Account
Returned Payment Fee. We will charge you a Returned Payment Fee of $39
each time you pay us with a dhedc 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 Bush ess Card Check Fee. We will charge you a Returned
Discover Business Card Check Fee of $39 each time we decline to honor a
PurdhaseCheck, Discover Business Card cash advance check, balance transfer
check or other promotional check.
Pay-By-Phone Fee. We may from time to time allow you to make payments
by authorizing us over the telephone to transfer or pa funds from a
deposit amount to your Amount. We will charge a Pay-By-Phone Fee of $ 10
for each such transfer or payment
Research Fee. We may charge you a Research Fee of $5 for each copy of a
'Sling statement or sales slip that you request However, we will not charge
a fee if you request copies In t" 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 t u are unable or unwilling to re To your obligations to us; if
are declared incompetent by a court or if o court appoints a guardian
the terms a this mac foryour asstrts; R you die; ff you fall to comply with
Agreement, including failing to make a required payment
when due, exceedmg your Amount atclit line or using your Card or
Account for a Proh ibited Transaction or If you fail to make a required
payment when due on any other amount you have with us.
Consequences of Default N you are in default, we may declare the entire
balance of your Amount knnv ately due and payable witFrout notice. If we
refer mfiectionof you Amount to an attorney or employ an attorney to
represent us with ?g?d to recoveryof money fiat you owe ass =we may
charge you reasoat fees and court or kilter odlecion costs as
permitted by law and as= 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 without losing or waiving any of them.
Cancellation. You may cancel your Amount by us in writing or by
telephone and returning or destroying every Card a unused check that
have provided you You can notify us by telephoning 10111-DISCOVER
9-
120109 909:13 AM
(1-888-347-2683), or by writing Discover Business Card, PO Box 3023,
New Albany, OH 430S4.3023.Of course, you will still be responsible to pay
any amount you owe us according to the terms of this Agreement If there
is more than one Cardmember associated with this Account any
Cardmember may cancel the Account but you will each 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 chose not to renew your Amount (beyond the expiration date shown
on the face of a Cart) without notice. We may cancel or suspend your
ability to use checks that we have provided you at any time without notice.
Upon our
which are unused you agree to return to us or destroy any such checks
PRIVACY AND OUR COMMUNICATIONS WITH YOU
Our Privacy Policy. We may from time to time review your credit
employrrhent and income records. We respect the privacy of information
about you and your Account. Our Privacy Pol' incluldes a summary of the
personal information we collect when it maybe 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 C ecl epor?khy Agencies. As indicated in our Privacy Policy,
we may report to aed'it reporting agenda and other creditorsthe status
and payment history of your Account, including negative credit
information. Late payments, missed payments, or other defaults on your
Account m be reflected in your credit report If you believe that
our report of your Account status is inaccurate or incomplete, please write
us at the following address: Discover Business Card, PO Box 15316,
Wilmington, DE 19BW5316..Please include your name, address, telephone
number and Account number. .
Our Communications with You. Our personnel may listen to or record
telephone calls between you and our representatives without additional
notice to you as permitted by law. We may use arty medium, including but
not limited to mail live telephone calls, automated telephone equipment
prerecorded telephone calls and e-maff and may make calls to your cell
phone, to contact you about your Amount or offer you products or services
that may be of value to you. If you prefer not to be contacted in one or
more of these ways, call us at 1.988-DMCOVER (1-888-347-2683) or write to
us.at Discover Business Card, J'0 Box 30961, Salt Lake City, UT 30961.0961
Releatsing Information About Your Amount We provide various methods
by which you can obtairrinformatiom about your Account We will only
release such information to you, any Authorized User that our records
indicate Is an authorized buyer on your Account and any other person with
your prior permission, In addition to as provided in our Privacy Policy or as
required bylaw. Our seo* measures cannot Insure against unauthorized
inquiries. You agree that we will not be responsible for the release of
information to anyone who, even If without your authorization or
permission, has gained possession of a Card or has learned other identifying
characteristics about you such as your personal identification number,
Amount,number or:socal security number.
No> Changes to Your Contact Information. Any notice we mail to
an address you provided for the Business will serve as notice to each
Cardmember and to the Business. If you change your residential address,
Business address, e-mail address or telephone number, of If you change the
legal structure of the Business, you must notify us of your new information
within 15 days.
Electronic Notices to You. We may offer you the opportunity to receive
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10DCM0_0250K-TL22EF0210_000a2_reader.indd 13-14
certain notices from us electronically rather than through the mail,
including monthly billing statements and change of terms notices. The
terns and conditions for receiving these electronic communications will be
described in the offer.
CLAIMS AND DISPUTES
Merchant Disputes. We are not responsible for the refusal of anyone to
accept or honor a Card or to accept checks that we have provided you. If a
merchant falls to provide your purchase to your satisfaction and you
request a credlt to your Account we will investigate the dispute, unless
your pudwse was made using an Account-related check 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
ceppplIication, the, relationships which result from your Account or the
enforceability of the Agreement or any prior agreement before initiating,
joimn9 or participating in any judicial or arbitration proceeding, as either
an individual Ihigant 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 arty Proceeding, explaining in
reasonable detail the nature of the claim and any suppoitirhg facts, and (2)
a reasonable good faith opportunfty to resolve tthhee claim without the
necessity of a Proceeding. This includes any claims involving our parent
corporation, subskliaries, affiliates (including, without limitation, DFS
Services LLQ, predecessors, wccessors, assigns, as well as the officers,
directors and employees of padh of these entities. Any Claim Notice shall be
sent to us at Discover Business Card, PO Bon 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 Dsputes. 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
:pplication, the relationships which result from your Amount 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. W 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.
N
CLAIMS IN EITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE
RESPECT TO OTHER ACCOUNTS, OR LITIGATE IN OTHER
COURT OR ARBITRATE ANY
CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY ('(lass Action Waiver').
Notwithstanding anything eheto the contrary "is 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 fltiQate 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 lawwh.and nothing
undertaken therein shall constitute a waiver of any rights under this
arbitration provision. We will not invoke our right to arbitrate an individual
claim you bring in small claims court or your state's equivalent court if any,
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122/09 9:09:13 AM
unless such action is transferred, removed or appealed to a different court
Goveming 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, at the option of whoever files the
arbitration dahm, by either the American Arbitration Association (AAA) or
JAMS in accordance with their procedures in effect when the daim 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,
wwwadrorg (phone 14I00.778.7679) or JAMS at 620 Eighth Ave, Floor 34,
New York, NY 10016, wwwjamsadreom (phone 1-800.352.5267). No other
arbitration forum will be permitted except as agreed to pursuant to either
the changes to this Agreement section or a writing signed by both parties.
If neither AAA 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 cart of competent jurisdiction will
appoint an administrator or arbitrator or arbitrators (in the case of. an
appeal to a panel of three arbitrators as described below). Unless consented
to by all partie; no arbitration maybe administered by any administrator
or arbitrated by any arbitrator that has any formal or informal policyy rule
or procedure that is Inconsistent with or purports to override the terms of
this section. H 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 fee; reasonable attomeye
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 you written request, we will advance any arbitration
fih%. 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 Business Card, PO Box 30421,
Salt Lake at? UT 84130-0421. The arbitrator wig decide who will ultimately
for paying fees You will only be responsible for paying
or reimbursing our fling, 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 proceecing where such a payment or
reimbursement is prohibited by applicable law.
Hearings and Decisions Any arbitration hearing will take place in the
federal jufcial district where the Business has Its primary place of business.
The arbitrator shag follow applicable substantive paw to the extent
consistent with the FAA and applicable statutes of limitations and shall
honor claims of privilege recognized at law and shall be authorized to
award all rem edes permitted by the substantive laws that would apply d
the action were pending in court: If requested by any party, the arbitrator
shall mite an opinion containing the reasons for the award. The arbitrator's
decision will be final and binding except for arry appeal rights under the
FAA and except that if the amount In eorrtroversy exceeds $100,000, a
party may appeal the award within 30 days to a three-arbitrator pant
which shall review the award de nov0. Unless applicabie paw provides
otherwise, the appealing party will -pay the cost of the appeal, regardless of
Its outcome. However, we will consider 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 arty court having jurisdiction.
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tODCMO_02B0K_TL22EF0210_00082_reader.UMd 15-16
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 U.0, predecessors, successors, assigns, as well as the officers,
directors and employees of each of these entities, and will also inure to the
benefit of any third party named as a co-defendant with us or with any of
the foregoing in a claim which is subject to Wes arbitration provision. Your
rights and obligations under this arbitration provision stall inure to the
benefit of and be binding upon all persons contractually liable under this
Agreement and all Authorized Users of the Account
Survival of this ProWsfon. This arbitration provision shall survive termination
of your Account as well as voluntary payment in full by you, anyy legal
proceedings by us to collect a debt owed by you, any bankruptcy you
and any sale by us of your Account
Right to Reject Arbitration. You may reject the Arbitration of Disputes
section by pmvldmg us a notice of refer within 30 days after receiv6tg
a Card, at the following address: Discover Business Crd, PO Box 30938,
Salt Lake City, UT 841300938. 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 rejection 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 er .yaw obligation to arbitrate disputes under any other
account as to which you and we have agreed to arbitrate disputes. If
do not send a rejection notice, you will be obligated by the Arbitration of
Disputes section with respect to this and any prior account you have had
with u; even if you have previously sent a rejection notice with respect to
that prior account
IEGAL INTERPRETATION OF THIS AGREEMENT
Severabigty. 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 proceedrg.
Compliance with Interest Rate Lkdtations. We intend that this Agreement
wig comply with applicable interest rate limitations. You will not be
requred to pay Finance Charges or other charges at a rate that is greater.
than the maximum amount permitted by law. If it6 ever finally determined
that, but for this section title Piranha Charges or other charges under this
Agreement would exceed the maximum lawful
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 wig be refunded to you by means
of
Governing LaK This a check in our dscretson. Agmenent and thgq to
this mem ent will be governed by aappplicdalm able or
federal d law and, thef
extent state law applies, Delaware law.
ASSIGNMENT OF ACCOUNT
We may sell, assign or transfer your Account or any portion thereof without
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12/2189 9A9:14AM
notice to you. You may not sell, assign or transfer your Account without
first obtaining our prior written consent.
CHANGES TO THIS AGREEMENT
We may change any term or part of this Agreement including, but not
limited to, any finance charge rate, fee or method of computing any
balance upon which the finance charge rate is assessed or add any new
terra or part to this Agreement H required law we will send you a
notice at least 15 days before the c hange Is to become effective. We may
many such charge to the outstanding balance of your Account on the
date of the change and to new charges =after that date.
You may be offered the opportunity to some of the changes, and If
you do, you must notify us in writing u 15 days after the mailing of
the notice of change at the address provided in the notice of change, in
which case your Amount will be dosed and you mum pay us the balance
that you owe to under the existing hennas of the rahdwrged Agreement
Otherwise,-you will have agreed to the dhanges in the notice Use of your
Account after the effective date of the change will be deemed acceptance
of the new terms as of such effective date, even ifyou previously notified
us that you did not agree to the change.
We may also change any term of anyuct service or benefit offered in
cOrrMection fu ? your Account We I notify you as required by law or by
the terms product service or benefit
PRIVACY POLICY
We Respect Your Privacy
Our mission is to provide you with superior products and services, along
Information ith the peisce o of top knowing that the security of your personal
w
p priority. We understand your concerns about
guarding information about you and your Account We want to assureyou
that we have taken steps, and will continue to take steps, to safeguard that
information. 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 acclimate personal Information about you. We obtain this
information from lications and other forms you submit to us, from your
dealings with 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
fro m appfications and other forms you submit to us
• We may obtain information such as Account balances, payment-history,
your use of your Aobunt and the types of services you prefer from your
trans actiorss and other dealings us and others
• We may obtain information such as the balances of your bans 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
I. Is Personal Information Shared With Others?
We limit the sharing of information with others. Many of the offers you
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IODCMO_02BOi(_TL22EF0210_00082_reader.indd 17-18
receive for products and services are provided directly to you from us. For
example, a retailer that accepts the Discover Business 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, we will 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 Card-
members with the retailer. However, please understand that if you do
receive this type of offer from us and choose to take advantage of ft, the
retailer may then lean information about you because only Card-
members with certain characteristics received the offer.
There are, however, circumstances in which we may share the information
we collect about you with our affiliates and other companies in order to
provide you with access to products and services and to service your
Account effectively. We require these companies to adhere to our privacy
standards and to use this information only for the limited purpose for
which it was shared We do not allow them to disclose it to others
without our prior approval.
3. Now 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
handlingofsuch fnformation.,finpil efwhoviolatetheseconfidentiality
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 Business Card, PO Box 3023,
New Albany, OH 430543023 so that we can update this information.
4. How Can You Umh Sharing of Information About You?
sfwrginf? Information privacy t yoand offer u with others. choices have as tto whether we he 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 certain Information we collect about you, as
described In Section 1, with companies in our corporate famiy. 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 1.800-22S-5202 or write to
Discover Business Card, PO Box 30961, Salt lake 0tJ& UT 84130.0961. If
you have previously notified us about your privacy preferences, it Is not
n to do so again unless you decide to change your preferences.
Your en request should include your name, address, telephone
number and Account number(s) and should not be sent with any other
correspondence. In order to process your request, we require that the
request be provided by you directly and not through a third party. You
-15-
12/21109 909:14 AM
will need to provide us with your preferences for each credit card
account you have with us.
You may notify in about your preferences at any time. Your request will
remain in effect until you notify us otherwise. If you are a new
Cardmember, we wig not share any information about you for thirty days
after we provide this Policy to you in order to give you an opportuntt'y to
inform is about your preferenes. If you are an existing Cardmember,
please understand 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 is about
preferences and we will treat that request as applying to the entire
Account We do not share information about former customers except as
by law. This notification wpercedes all previously Issued privacy
e reserve the right to amend this Privacy Policy from time to time
and we will notify you If we do so.
This Privacy PoI?"cy k provided to you by Discover Bank and Its subsidiaries,
which currently include GTC Insurance Agency, Inc and Discover Products
Inc It applies to the family of Discover Cards for businesses and the
products and services offered In connection with those Cards. It is part of
your Cardmember Agreement and provides a further explanation of how
we collect and share information. Please note that you will also receive
privacy notices for other credit card accounts you have with us, as well as
other financial products and services provided to you by us and our
affiliates. You will need to indicate your preferences for each of time
separately as disclosed in the notice.
DESCRIPTION OF COVERAGE
COMMON CARRIER TRAVEL ACCIDENT INSURANCE
Discoverd) Business C.Arnembers and Discover* Business Miles Cardmembers
are provided with up to $1,000,000 of Common Carrier Travel Accident
Insurance.' You, your Spouse, Domestic Partner or eligible Dependent
Children for whom a ticket was purchased on your Card (as defined below)
will be at tomatical X insured against Accidental Loss of life, limb, sight,
speech or hearing 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 a Common Carrier or riding as 5 passenger in orentering or exiting
any conveyance and while traveling directly to or from the airport, terminal
or station immediately preceding the departure of a Common Carrier on
which the Insured Person was a passenger. Benefit Amounts are Is payable
for Loss-of Life, limb, sight; speech and aring, as described below.
'Coverage Is underwritten by Federal Insurance Carp" a member Insurer of the
Onubb Group of Imlaance Companies. Certain limitations and exclusions apple
PLAN FEATURES
THE BENEFITS: TheBenefit Amount of $1,000,000 is payable for Accidental
Loss of life, limb, `light speech and hearing, and is payable as a percentage
of the Benefit Amount according to the following schedule of berefts.
100% Life; 10D% Speeds and Hearing: 100% Speech and one of. Hand, Foot
or Sight of One EM 100% Hearing and one of Hand, Foot or Sight of One
Eye; 100% Both Hank, Both Feet or Sight of Both Eyes or a combination of
a Hand, a Foot or Slight of One Eye; 50% One Hand or One Foot or Sight of
One Eye; 50% Speech or Hearing; 25% Thumb and Index Finger of the same
-16-
tODCMO_O2BOK-TL22EF0210_000a2_reader.irMd 19.20
Hand. The Loss must occur within one year of the Accident
MAXIMUM LIMIT OF INSURANCE If more than one Insured Person suffers
a Loss in the same Accident, the Company will not pay more than the
maximum limit of insurance ($20,000,000) per Accident If an Accident
results in Benefit Amounts becoming payable, which when totaled,
exceed the applicable limit of insurance shown above, the maximum
limit of insurance will be -divided proportionally among the Insured
Persons, based. on each applicable Benefit Amount. In the event of
multiple Accidental deaths per Amount 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 appficable Benefit Amount for
Loss of Life. Benefits will be proportionate yl divided among the Insured
Persons up to the maximum limit of insurance.
DEFINITIONS:
means a sudden, unforeseen and unexpected event
happening by chance, and includes unavoidable exposure to elements
arising from a covered Hazard.
Accidental (bLltllugef?l means bodily injury which is Accidental, is the
direct source of a LossJs independent of disease, illness or other cause and
occurs while this policy is in force.
Accoun means a Card account.
Benefit Amount mearhs the Loss amount at the time the entire cost of the
passenger fare Is charged to an Account
Said means the Discover Business Card or the Discover Business Miles Card,
as applicable.
Card D? means the holder of the Card whose name appears on the
credit card.
Comps means the Federal Insurance Company.
Common Carrier means any licensed land, water, or air conveyance
operated by those whose occupation or business is the transportation of
persons or things without discrimination and for hire.
CommuMW means travel between the Insured Person's residence and
regular place of employment.
Covered ft means travel on a Common Carrier when the entire cost of the
passenger fare for such transportation; less redeemable certificates,
vouchers or coupons, has been charged to the Insured Person1s Account
12 _QQA QLQddrem means those children, including adopted
children and those children placed for adoption, who are primarily
are: ( dependent upon age of Insured and reside with the Insured Person; (2) beyond
the age of. 19, permanently mentally or physically challenged, and
inccapabie'of self support; or (3) under the age of 25 and classified as
full-time students at an Institution of higher learning.
means a pers on who: (1) is at least IS years of age and .
competent to enter into a contract; (2) k not related to the Insured Person
bt! blood (3) has exclusively Ived with the kwxed Person for at least one
year pdorto the date of enrollment (4) is not leualiv married or separated;
and ( as of the date of enrollment, has.with a 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 a ha lessee account witha financiaalima motor vehicle tit ition. Neither the he or I (d) a pee Person credit nor the
Domestic Partner can be married to, nor in a civil union with, anyone else.
-17-
1221/09 909:14 AM I
HuAd 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 of the policy, as described on page 1 of this Description
of Coverage.
insurellPmon means all CardmembeM their spouses, Domestic Partners
and eligible Dependent Children, as well as authorized users of the
Account
I= means the types of Accidental Bodily injuries listed in Section IV of
the Declarations, Benefits, and for which this insurance provides coverage,
as described in the Benefits section of this Description of Coverage.
Los of Ufe means death, including clinical death determined by the local
governing medical authorities.
mears DFS Services LLG the entity responsible for the payment
of premium.
Wm means hosdirdes following a declaration of. War by a goverment
authority. If there is no declaration of War, then (1) armed, open and
continuous hostilities between two countries or W armed, open and
wMinuous hosWes 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 Common Cartier or conveyance in which the Insured Person was
covered as an occupant, it will be assumed, subject to all other terns of the
policy, that the insured Person has suffered Los of Life covered under this
policy.
EXPOSURE BENEFITS: Accident includes unavoidable exposure to elements
arising from a covered Huard.
ELIGIBILtRF This insurance plan is provided to Insured Persons automatically
when the entire cost of the passengerfare(s) ischarged to the Cardmember's
Account while the insurance policy Is effective. it is not necessary for you to
notify the Policyholder or the Company when Common Carrier tickets are
purchased.
EFFECTIVE DATES: Your insurance under this insurance plan is effective on
the later of: 1) April i, 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 terminate(t or (7)
the date you cease to be an eligible Cardmembeh:
COST- This Insurance plan is provided at no additional cost to eligible
Insured Persons for Covered Trips. Policyholder pays the full cost of the
insurance.
THE BENEFICIARY: The Benefit Amount will be paid to the beneficiary desig-
nated by you. If no such designation hasbeerh made, that benefit will be
ppaaid to the first surviving beneficiary in the following order a) your spouse
b=children; d your parents; d) your brothers and sister; e) your estate.
AIndemnities will be paid to you. cif you wish to char e. ?gtour
benefdw% you may request a cry designation form Jbayy wrhtinng
the plan administrator at The Direct Marketing Grvuµ Inc„ T3f65 Bedford
Avenue, Omaha, NE 68164 or at Benefciarrequest0kDirectMG.wm.
EXCLUSIONS: This insurance plan does not cover Los resulting from: (1) an
Accident occurring while an Insured Person is irk entering or exiting a11yry
aircraft owned, leased or operated by the Policyholder or any armll
owned leased or operated by an employee of the Policyholder on behalf of
the Policyholder (this exclusion does not apply to aircraft chartered with
is
10DCM0_02801LTL22EFo210_00082_reader.Mdd 21-22
pilot or crew on a one time charter basis), (2) an accident while an Insured
Person is in, entering or exiting any aircraft while acting or training as a
pilot or crew member (this exclusion does not apply to ppaassengers who
temporarily perform pilot or crew functions in a Ilfe threatening
emergency); (3) emotional trauma, mental or physical Illness, disease,
mat A ncy, r childbirth or misiaggee,, bacterial or viral infection, or bodily
(except infection caused by an Accident or from
Accidental consumption of a substance contaminated by bacteria); (4)
suicide, attempted suicide or Loss that is intentionally seff4nflicted; or (5)
declared or undeclared War.
CLAIM NOTICE Written claim notice must be given to the Company within
90 days after the occurrence of any Loss covered by this policy or as soon as
reasonably possible. Failure to hue notice within 90 days will not invalidate
or redtlce any otherwise valid claim if notice Is given as soon as reasonably,
possible.
CLAIM FORMS: When the Company receives notice of a claim, the Company
will send you forms 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 Los.
CLAIM PROOF OF LOSS: Complete proof of Los must be given to the
Company within 90 days after the date of Loss, or as soon as reasonably
possible. Fall re to give complete proof of Loss within these time frames
will not invalidate any otherwise valid claim if notice B n as soon as
reasonably possible and In n event later than one year after the deadline
to submit complete prod of CLAIM PAYMENT. The Compa will pay you or your beneficiary the
applicable Benefit Amount within 60 days after compplete proof of Los Is
received and if you, the Policyholder andlor the benefi1clary have complied
with all the terms of the policy.
ARBrrRATiON In the event of a dispute under this policy either the
Company ordi Insured Person may make a written demand for arbitration.
In that am the Company and the Insured Person will each select an
arbItratw. The two arbitrators will select a third. If they carrot agree within
fifteen days, either the Company or the Insured Person may request that the
choke of arbitrator be submitted to the American Arbitration Association.
The arbitration will be held in the state of the Insured Person% principal
residence.
IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CLAIMS
sema CENTER AT t40040AIMS-0 (1.-800.252 1670).
You can also go to the Company Web she (www.dhubb com), dick
on Report a Los, select Accident, Benefits and Life claims, select the
a date font print out the claim form, fill out and mail. You can file a
1 a m mail or fax.
Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES
CLAIMS SERVICE CENTER
600 INDEPENDENCE PARKWAY
PO BOX 4700
CHESAPEAKE VA 233274700
Fax Number: 1.800300 2538
As a handy refererice guide, please read this and keep it in a safe place with
your other insurance documents. This description of coverage 4 not a
contract of insurance but h a summary of the principal provisions of the
insurance while in effect Complete policy provisions are contained in the
-19-
12/21A9 M:14 AM I
Master Policy, which can be obtained from the Policyholder.
Policy #9906.17.65
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
1S Mountain View Road, PO Box 1615
Warren, N107061-1651
DESCRIPTION OF COVERAGE
PRIMARY LOSS DAMAGE WAIVER
Discovery Business Cardmembers and Discovers Business Miles Cardmembers
can benefit from the security and safety offered through Primary Loss
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
Primary Loss Damage Waiver is an insurance program, underwritten by
Federal Insurance Company Policy #s 9906-17-64 & 9906-17.62 (the
"Policy).
DEFINITIONS:
means a Card account
Actual Cash Value means the cost to repair or replace the Damage or Loss
to the Rented Automobile at the time of loss, less depredation.
QW means the Discover Business Card or the Discover Business Miles Card,
as applicable.
Sa1p;Bp( means the Federal Insurance Company.
Loss means direct and accidental loss to a 'Rented
le.
S& means the holder of the Card whose name appears on the
credit card.
hNMd means Cardmembers and authorized users of the Account
I er means DFS Services LLC, the entity responsible for the payment
of premium.
Rental Aggy means a commercial automobile rental company licensed
Nader the laws of the applicable jurisdiction.
means a four-wheeled private passenger type motor
vehicle or a minivan manufactured and designed to transport a maximum
of seven passiengers and used exaasively to carry passengers. A Rented
Automobile must be designed for travel on public roads arsd rented from a
licensed Rental Agency.
For persomi property coverage:
means the cost to replace the lost or damaged personal
property at the time of Loss, less depredation.
means the period which begins with the effective date of the
rentalagreement*gned y the Insured and ends on the expiration date of
that rental agreenher t
TO GET COVERAGE:
• The Damage or Loss reimbursement is provided to you, as an Insured,
automatically when the entire rental fee for the Rented Automobile and
the personal property coverage Is charged or debited to your Account it
is not necessary for you to notify the Company at the time the rental fee
-20-
10DCM0 02nOK-TL22EF0210_00082_reader.indd 23-24
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
agreernernkonVact.
• The coverage period must not exceed 31 consecutive days, or 45
consecutive days ff the Insured is an employee of an organization which
has provided a Card to the Insured for business use.
THE IOND OF COVERAGE YOU RECEIVE:
For Primary Loss Damage Waiver coverage:
In ooruideration of the premium paid by the Policyholder as required, and
subject to all the terra of the Policy, the Comparry agrees to reimburse on
an Actual Cash Value basis either the Insured orthe Rental Agency for repair
or replacement of the Rented Automobile as a result of Damage or Loss to
the Rented Automobile. The Company's liability will be for a
maximum reimbursement of $50,000. In no event will the Company be liable
beyond the amounts actually paid by the Insured or the Rental Agency.
• If your, or an Insured4 primary vehicle insurance or other coverage has
made payments for a covered Loss, Primary Loss Damage Waiver will
cover your deductible and any other eligible amounts not covered by
other insurance.
• This coverage is not alNndusk, which means it does not cover such
things as personal iu y''curyry or personal liability. h does not cover you for any
damages to other veMhides or property. It does not cover you for arty injury
to any party.
For Personal Property Coverage:
inconsideration of the premium paid by the Policyholder as required, and
subject to all the terra of the Policy, the Company agrees to reimburse the
Insured for amounts actually paid on an Actual Cash Value basis for direct
physical Loss or Damage to the personal property of the Insured while in a
Rented AuwmobRe during the Rental Period This coverage up to
$1,000 per Insured of which no more than $250 will be paid rje elry and
fur.
The amount of insurance is payable on an excess basis over and above any
amount due from any other void or collectible insurance or any other form
of reimbursement payable by those responsible for the Loss.
WHO IS COVERED:
• Discover Business Cardmembers
• Discover Business Miles Cardmembers
EXCLUDED RENTAL VEHICLES:
O f - roack antique or limited edition motor vehicles; tnndks, recreational
vecles, c-
pickup trucks, and minivanbuses; limited edition motor
vehicles or hh value, exotic, high performance or collector type; high
value motor vehicles are motor vehicles whose replacement value exceeds
$50,000; antique motor vehicles are defined as any vehicle over 25 years
okt or any vehide which has not been manufactured for 10 years or
more.
WHERE YOU ARE COVERED:
• Coverage applies to vehicles rented anywhere in the world.
• Coverage is not available where prohibited by law.
WHAT 15 NX COVERED:
-21 .
12/21= 909:15 AM
Coverage does not apply to lots resulting from the following:
• Any dishonest, fraudulent or criminal act of the Insured.
• Forgery by the Insured.
• toss due to war or confiscation by authorities.
• Lou due to nuclear reaction or radioactive contamination.
• The insured being intoxicated as defined by the laws of the jurisdiction
where the Lou occurred, or under the influence of any narcotic unless
prescribed by a physician.
• Use of the Rented Automobile to carry passengers and property for hire.
• Use of the Rented Automobile by a person other than the one authorized
to operate the Rented Automobile by the terms of the Rental
Agreement
• loss of use of the Rented Automobile.
Primary Lou Damage Waiver Specific Exclusions
Coverage does not apply to Loss(es) resulting from the following:
• 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, unless such damage results from a.
theft covered by the insurance policy.
• Damage to tires unless damaged by fire, malicious mischief or vandalism,
or stolen or unless the loss be 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.
Personal Property Specific Exclusions:
Coverage does rut applyto toss((es) resulting from the following:
• Theft from unattended vehicles unless at the time of such theft or
attempted theft the windows,, doors and trunk of the vehicle be secure
ly
dosed and tricked and such theft be the result of forcible entry evidenced
by visible marks.
• Breakage of glass, unless coincident with other loss or damage covered by
the Polu"cy.
• Insects; vermin, wear and tear, mechanical breakdown, inherent vine,
latent defect or gradual deterioration, but if fire or explosion ensues,
then the direct loss or Damage caused by such ensuing fire or explosion
IS covered.
• Dampness of atmosphere, freezing or extremes of temperature.
• Electrical injury or disturbance to arty eslectriwl appliances or devices or
wiring when hooked into the Rerrted Automoblk but if fire or explosion
ensues,, then the direct Loss or Damage caused by such ensuing fire or
explosion is covered:
• Samples of stock used in the business of the Insured, animals, sporting
equ p.Wffwt cameras and accessory equipment eye glasses and contact
lenses prosthetic devices, dentures, tickets, valuable papers and
documents warities and money.
FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS:
To the extent that this plan provides insurance against damage to a rented
motor vehide, the following terms and conditions apply. (1) the period of
insurance coverage will not exceed 31 consecutive days or 45 consecutive
days H the Insured is an emp??ye? of an organization which has provided
the Card to the Insured for business use; arrd (2) the insurance provided by
this plan will be excess over any other valid and collectible insurance
-22-
I IoDCM0_02Bgk_T1.22EF0210_00oa?_roWer.widd 25-26
covering 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 organication 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 PRIMARY LOSS DAMAGE WAIVER/
PERSONAL PROPERTY COVERAGE:
In the event of a daim, 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 moo-cUUMSii (14800-2524674
You can also go to the Company Website (www.chubb.com), dick
on Report a Lou, seku Accident Benefits and Life claims, select the
appropriate fom% print out the claim form, fill out and mail. You can file a
claim by mall or fax.
Maiitg Address: CHUBB GROUP OF INSURANCE COMPANIES
CLAIMS SERVICE CENTER
600 INDEPENDENCE PARKWAY
PO BOX 4700
CHESAPEAKE, VA 23327-4700
Fax Number. 1-800300-2538
CLAIM PROCEDURE:
The Insured must send the Company written notice of a claim, including the
InsuredY name and Policy number, within 90 days after a covered Loss
outs. If raft carrot be ggiven within that time, it must be given as soon
as reasonablyy possible. ToAe a sworn Proof of Loss, the insured must send
the following information to the Company or its authorized
representative:
• A copy onf. the Amount statement showing the automobile rental
transactio
• A copy of the automobile rental agreement
• A copy of the police report
• AA.ccopy of the initial claim report submitted to the automobile Rental
• A copy of the paid claim presented by the automobile Rental Agency for
the Oamage or Loss for which the Insured is responsible.
If no other insurance is applicable, a notarized statement from the
Insured to that effect
For Personal Property coverage
• Proof of submission ofahe Lou to, and the result of any, settlement or
denial, by the Insureds personal insurance carrier(s).
• If no other insurance is applicable, a notarized statement from the
Insured to that effect
• Evidence that the personal property has actually been replaced.
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 h
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 provisions pertaining to this plan of insurance are contained In
.2.3-
12121/N M:15 AM I
the master policy on file with DFS services LLC, herein referred to as the
Policyholder. If a statement in this Summary of Coverage and any provision
in the policy differ, the policy will govern.
PLAN UNDERWRITTEN BY
Federal Insurance Company ("Company)
a member of the
CHUBB GROUP OF RVSURANCE COMPANIES
1S Mountain View Road, PO Box 1615
Warren, Newlersey07061-1651
Plan Administrator
The Direct Marketing Group, Inc
13265 Bedford Avenue
Omaha, NE 68164
Master Policy Numbers.. 9906-1764 Q 9906-17-62
Effective date of benefits: Effective April 1, 2007, this guide replaces all
prior disclosures program descriptions, advertising, andfor brochures by
any party. Policyholder and Company. reserve the right to change thhe
benefits and features of these programs at any time.
Cnollation: Policyholder an cancel these benefits at any time or choose
not to renew the insurance coverage for all authorized Cardrhembers. If
Policyholder does cancel time benefits, you will be notified at least 60 days
in advance. N the Company terminates, cancels, or dooses not to renew
tbe coverage to Polkyfokler, you will be notified as soon as is practicable
Insurance benefits willI still ap for arty benefits you were eligible for prior
to the date of such term! om cancellation, or non-renewal, subject to
the terms and condition of coverage.
Benefits to your. These benefits apply only to Cardmembers whose cards are
issued by U.S. financial institutions. The United States is defined as the 50
United States, the District of Columbia, American Samoa, Puerto Rico,
Guam and the U.S. Virgin Islands. No person or entity other than the
authorized Cardmember shall have any legal or equitable right remedy, or
claim for Insurance proceeds andror damages under or arising out of this
coverage These benefits do not apply if your Card privileges have been
cancelled. However, insurance benefits vd still apply for any benefit you
were eligible for prior to the date that your Account is suspended or
cancelled subject to the terms and condition of coverage of your
Cardmember Agreement.
Transfer of rights or benefits: Nb rights or benefits provided under these
insurance benefits may be assigned without the prior written consent of
the Company.
AAisr----errtatlori and Fraud Coverage of the Insured will be void if, at any
tirtsh; file Inaaed has concealed or misrepresented any material fact or
circumstance conceming this coverage or the subject thereof or the Interest
of the Insured herein, or in case of any fraud or false swearing by the
inured relating thereto. Coverage for an Inured will be void If, whether
before or after a loss, the Policyholder or its subscribing organization(s) has
concceakd or misrepresented any material fact or circumstance concerning
this coverage or the subject thereof or the interest of the Insured therein,
or in case of any fraud or false swearing by the Policyholder or its
subscribing organization(s) relating hereto.
Addition of New Insureds: All eligible person will be automaticaffy.inured
under this policy.
24 -
10DCM0 02BOK_T122EFO21o 00082_reader.Nrdd 27-28
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 andsuch aztr shall be deemed to
have been made or done without prejudice to the Companys 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 6 a condition of this insurance that if the Company pays the
Inured fora.Los; It will require the ksured 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 hymen t by the Company to the
Insured, the Insured agrees to direct enforcement of such rights as
?? reasonably requested by the Compagy? and to return to the Company any
ry extent payment off Loss has been made by the Company.
Arbitration: In the event of a dispute under this poI4 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,; lf.they-carnhot agree within tS days, either the Company
or the Insured mayrequestthat the coke of arbitrator be submitted to the
American Arbitration Association. The arbitration will be held in the state
of the Insured4 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 DiscoverbizcomRravel to learn more,
l3gibpity. 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.
nkci-Party Charges. Global Traveler's Hotline is not in surance, so you will
be responsible for all third party fees and expenses for services requested,
such as professional or medial s
AvallabiAty of Services. Certain services may not be available in all areas.
Cal in at 1488-DISCOVER (1468-347-2683) for assistance or if you have
questions abouta spedfic destination. Outside the U.S., call its collect at
1-801-902-3100. NRolle AXAAssistance will make every reasonable effort to
provide the' services, neither AXA Assistance nor Discover Bank or our
respective affiliates MR be liable If a service Is not provided or for any
services the are provided by third parties. The services and these terms and
conditions are subject to change without notice.
-25-
122119 9:011:15 AM
DISCOVER
New Balance ( Minimum Payment Due
$7,607.32 i $1,410.00 __.__.....y_
Payment Due Date
April 28, 2010
02 SDSN6A01 0010252
HARTMAN, SUSANNE M
228 EWE RD
MECHANICSBURG PA 17055-4872
Address, e-mail or telephone change?
Go to www.Discover.com or print change in space above.
000001986458312497189076073200000000141000
Opening Date: March 3, 2010 - Closing Date: April 2
1 Discover More Card Account Summary Account number ending in 7802
Previous Balance $7,477.29
Payments And Credits 100.00
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Finance Charges + 191,03
Other Fees t + 39.00
New Bc1lonce
57,607.32
See Finance Charge Summary section following transactions
for detailed APR information
Credit Line $6,000,00
Credit Line Available $0.00
Cash Advance Credit Line $3,000.00
Cash Advance Credit Line Available $0.00
You may be able to ovoid Periodic Finance Charges, see the
reverse side for details.
t See transaction detail for a description of any fees charged.
Cos k 8onuse Anniversary Month
August
Opening Cashbook Bonus Balance $ 0 00
New Cashbock Bonus This Period + 0.00
Cashback Bonus balance $ 0.00
To loom more log in at www.Discover.com 0nd select Rewards
3 Easy Ways to Contact Us
1. Access your account securely at www.Discover.com
2. Call 1.800-DISCOVER I1-800-347-2683
Please have your Discover' card ovailal
3. Write to us at Discover, PQ Box 30943,
Salt Lake City, UT 84130
For TDD {Telecommunications Device for the Deaf}
assistance, please call 1.800.347.7449.
Account Number ending in 7802
Enter Amount Enclosed Below
s -? _
Please make check payable to Discover Card.
You are overlimit. Pay the sum of the monthly
minimum payment plus the overlimit amount of
$1,607.32.
Go paperless and make your account
information more secure with password,
protected statements only you can access.
Learn more at discover.cornlpapettess.
lrllrrlr)
PO BOX 71084 111$$111111 1101101
CHARLOTTE NC 28272-1084
1 1111111111111111#11111 If It
f7uge i Or i
Payment Information
New Balance $7,607.32
Minimum Payment Due' $1,410.00
Payment Due Date April 28, 2010
'Includes post due amount of $1,203.00
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 $39.00 and your purchase APRs for new
transactions may be increased up to the Default APR of
29.99% 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 make no You will pay off the And you will end
ddlJi0nal Charges balance shown on up paying on
using this ,ward and this statement in estimated total *f-
each month you pair.-, about.,-
only the minimum 52 years $46,560
payment
If you would like information about credit counseling services,
call 1.800.347.1121.
Manage Your Account Online at www.Discover.com
Access free online tools like Paydown Plonner to create a plan
to day down your balance, securely access statements, pay
bills online and easily track all transaction,
Make your money worth mores A-find easy ways to earn
and redeem cash rewards
NEWI Access your account securely through your
mobile phone
Transactions - -
Trans. Post
Date Date
Payments and Credits Mar 13 Mar 13 INTERNET PAYMENT - THANK YOU
OdrerJMiscelloneous Mar 28 Mar 28 LATE FEE
$ 100.08
39 00
DISCOVER
It pop to HARTMAN,
Account number ending in 7802
page 2 of 2
Finance Charge Summary
Average
Dail
Daily
P
i
di Nominal
ANNUAL
PERCENTAGE
ANNUAL
Periodic
feOther
e
current billin rind: 31 days
gPe Ys y
BolOnc
er
o
c
Roles
RATES
PERCENTAGE
RATES
FINANCE
FINANCE
Purchases
$1,38151 ._.__..
0,08216%
29.99% V ___._...
29,99% CHARGES
$ 34.72 C__RAM__.
$0
Pas! Purchases $5,904.88 0.08216% 29.99% V 2999% $150.37 $0
Cash Advances $233.47 0.08216% 29.99% V 29.99% $5.94 $0
V = Variable Rate
DI
COVER New Balance Minimum Payment Due . Account Number ending in 7802
S $0.00 $1,563.00 Enter Amount Enclosed Below
Payment Due Date $
May 25, 2010
30 SDSN6A01 0010253
HARTMAN, SUSANNE M Go paperless and make your account
228 EWE RD information more secure with password-
protected statements only you can access.
MECHANICSBURG PA 17055-4872 Learn more at discover.corrdpaperless.
Address, e-mail or telephone change?
Go to www.Discover.com or print change in space above.
PO BOX 6103 I1110 1111111111 11111 1111 11111
CAROL STREAM IL 60197-6103
III11IIluof tlllllnlu1Ilnl,ill
000001986456312497189000000000000000156300
,2010
page i of 1
Opening thate: April 3, 2010 - Closing Date: April 30
1 Discover More Card Account Summary Account number ending in 7802
Previous Balance $7,607.32
Payments And Credits 7,607,32
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0-00
finance Charges + 0,00
Other Fees t + 0.00
New Balance $0.04
See Finance Charge Summary section following transactions
for detailed APR information
Credit Line $6,000.00
Credit Line Available $0.00
Cash Advance Credit Line $3,000.00
Cash Advance Credit Line Available $0.00
t See transaction detail for a description of any fees charged.
Ca5 Bonus Anniversary Month
August
Opening Cashback Bonus Balance $ 0.00
New Coshback Bonus This Period + 0.00
Cashback Bonus Balance $ 0.00
To team mme, log in ua www.Distover.coni and select Rewards
Payment Information
New Balance $0.00
Minimum Payment Due $1,563.00
Payment Due Dare May 25, 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 Ants for new
transactions may be increased up to the Default APR of
29.94 o 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
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 DiscoverOcard available.
3. Write to us at Discover, PO Box 30943,
Salt Lake City, UT 84130
For TDD (Telecommunications Device for the Deof)
assistance, please call 1.800`347-7449.
Transactions
Trans. Post
Date Date
Payments and Credits Apr 30 Apr 30 INTERNAL CHARGE-OFF $ -7,60 7.32
Finance Charge Summary
Nominal Other
Average Daily ANNUAL ANNUAL Periodic Fee
current billing period: 28 days Daily
Mortic
s Periodic
R PERCENTAGE
RATES PERCENTAGE
RATES FINANCE FINANCE
e ates _ __ ` CH00U . CHARGES
P
urchases $0 0.08216°` ; 29 9
9 o Y 29.99°0 $0 $0
Post Purchases $0 0.08216% 2999% V 29.99% $0 $0
Cash Advances $0 0.08216% 2999% V 29.99% $0 $0
V - Variable Rate
DISCOVER New Balance Minimum Payment Due
1 Account Number ending in 7802
$7,505.32 $1,612.00 Enter Amount Enclosed Below
Payment Due Date $
May 28, 2010
02 SDSN5A0t 0010254
HARTMAN, SUSANNE M Go paperless and make your account
228 EWE RD information more secure with password-
protected statements only you can access.
MECHANICSBURG PA 17055-4872 Learn more at discover.corrUpaperiess.
Address, e•moil or telephone change?
Go to www.Discavor.com or print change in space above.
PO Box 6103 11110111111IIIII1,IIII111 141
CAROL STREAM IL 60197-6103
111111 1111,r111111111 1,111111111,11111111111111111111111111111
000001986458312497189075053200000000161200
010
page 1 of 2
Opening Date: May 1, 2010 - Closing Dote: May 2, 9
Discover More Card Account Summary
Account number ending in 7802
Previous Balance $7,607.32
Payments And Credits 102.00
Purchases + 0.00
Balance Transfers + 0.00
Gash Advances + 0.00
Finame Ch"s + 0.00
Other Fees t + 0.00
Nev Balance 3'7,_505 .-_. 32...
See Finance Charge Summary section following transactions
for detailed APR information
Credit Line $6,000.00
Credit Line Available $0.00
Cash Advance Credit Line $3,000,00
Cash Advance Credit Line Available $0.00
t See transaction detail for a description of any fees charged.
Ca c Bonus' Anniversary Month
August
Opening Cashback Bonus Balance $ 0-00
New Coshbock Bonus This Period + 0.00
Cashbook Bonus Balance $ 0.00
To lenYm more, lug in at wwwMiseover.com and select Rawards
Payment Information
New Balance $7,505.32
Minimum Payment Due* $1,612.00
Payment Due Dote May 28, 2010
*Includes post due amount of $1,461.00
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 $39.00 and your purchase APRs for new
transactions may be increased up to the Default APR of
29.99`#, variable.
Minimum Payment blaming: 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 make no You will pay off the And yvv wig end
dditionol charges balanto shown an up paying an
sing this curd and this"statement in estimated total of-
h month you pay about..
Only the minimum 13 years $7,505
payment
If you would like information about credit counseling services,
coil 1-800-347-112 1.
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 pion
2. Call 1-800-DISCOVER (1.800.347.2683) to pay down your balance, securely access statements, pay
Please have your Discoverre card available bills online and easily track all transactions
3. Write to us at Discover, PO Box 30943, make your money worth moresrvi --find ease ways to earn
Salt Lake City, UT 8A 130 and redeem cash rewards
For TM (Telecommunications Device for the Dealt NEWT Access your account securely through your
assistance, please call 1.800.347.7-0 39. mobile phone
Transactions
Trans. Post
Date Dote
Payments and Credits May I May 1 INTERNET PAYMENT - THANK YOU $ -102.00
It pays to HARTMAN, SUSANNE M
D I C VET Account number ending in 7802
page 2 of 2
Pmance Charge Summary
Nominal other
Average Daily ANNUAL ANNUAL Periodic Fee
current bitting peria& 2 days
Daily
?A_t4 _c4s Penodic
Rates _......... PERCENTAGE PERCENTAGE
RATES FINANCE
CH/ R FINANCE
_ _
Purchases $0 0.08216% 29.99` V 29.99% $0 $0
Past Purchases $0 0.08216% 29.99% V 2999% $0 $0
Cash Advances $0 0,08216% 29.99% V 29.99% $0 SO
V - Variable Rate
?+y? New Balance Minimum Payment Due
1r/IS/? L,r ."NEK $7,505.32 1$7,505.32
Payment Due Date
DUE IMMEDIATELY
06 S081`46A01 0010255
HARTMAN, SUSANNE M
228 EWE RD
MECHANICSBURG PA 17055-4872
Address, e-mail or telephone change?
Go to www.Discover.com or print change in space above.
PO BOX 6103 1111111111111111111 leis 11 1111
CAROL STREAM IL 60197-6103
1111,1111rir?rllLC,rlaralrllarrrr111hrrrrll,ILiurlla,Ir,11
Account Number ending in 7802
Enter Amount Enclosed Below
=_
Go paperless and make your account
information more secure with password-
protected statements only you can access
Learn more at discover.comlpaperiess.
00000198645831r2497189075053200000000750532
010
page 1 of 1
t3pening Date: May 3, 2010 - Closing Date: May 8, ;
Discover More Card Account Summary Account number ending in 7802
Previous Balance $7,505.32
Payments And Credits 0.00
Purchases + 0.00
Balance Transfers + 0,00
Cash Advances + 0.00
Finance Charges + 0.00
Other Fees r + 0.00
Now Balance $7,5053 2
See Finance Charge Summary section following transactions
for detailed APR information
Credit Line $6,000.00
Credit Line Available $0:00
Cash Advance Credit Line $0.00
Cash Advance Credit Line Available $0.00
t See transaction detail for a description of any fees charged.)
Cashback Bonuse Anniversary Month
August
Opening Coshback Bonus Balance S 0.00
New Cashbock Bonus This Period + 0.00
Cashback Banns Balance $ 0.00
To learn ms e, log m al www.Discover.com and xIev Rewards
Payment Information
New Balance $7,505.32
Minimum Payment Due' $7,505.32
Payment Due Date DUE IMMEDIATELY
`Includes past due amount of $1,612.00
Lab Payment Wamingt If we do not receive your minimum
payment by the date listed above, you may have to pay a We
fee of up to $39.00 and your purchase APRs for new
transactions may be increased up to the Default APR of
29.99% 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 you make no You will pay aff the And you will and
tlo GOrge3
n balance' shown on Up paying an
-rig tL
his card and this Statemont in estimated total of
ch month you pay- oboui,.,
Only the minimum 13 years $7,505
payment
If you would like information about credit counseling services,
call 1-800-3,47-1121.
3 Easy Ways to Contact Us Manage Your Account Online at www.Discover.com
I Access your account securely at www.Discover.com 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 DiscoverO card available. bills online and easily track all transactions
3 Write to us of Discover, PO Box 30943, Make your money worth more"+-find easy ways to earn
salt Lake City, UT 84130 and redeem cash rewards
For TDD (Telecommunications Device for the Deaf) NEWT Access your account securely through your
assistance, please call 1-800-347-7449, mobile phone
Transactions
Trans. Post
Dale Date
Finance Charge Summary
Nominal Other
Average Daily ANNUAL ANNUAL Periodic Fee
Doily Periodic
current bilhna oeriod 6 days Balances Rates PERCENTAGE PERCENTAGE
RATES RATES FINANCE FINANCE
CHARGES CHARGES
DISCONM
New Balance Minimum Payment Due
$7,505.32 $7,505.32
Payment Due Date
DUE IMMEDIATELY
08 SDSN6A01 00 10256
HARTMAN, SUSANNE M
228 EWE RD
MECHANICSBURG PA 17055-4872
Address, a-mail or telephone chonsO
Go to www.Discovor.corn or print change in space above.
000001986458312497189075053200000000750532
Opening Date: May 9, 2010 - Closing Date: June B,
Discover More Card Account Summary
Account number ending in 7802
Previous Balance $7,505.32
Payments And Credits 0.00
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Fitanee Charges + 0,00
Other Fees t + 0.00
Now balance $7,SC5.32
See Finance Charge Summary section following transactions
for detailed APR information
Credit Line $6,000.00
Credit Line Available $0.00
Cash Advance Credit Line $0.00
Cash Advance Credit Line Available $0.00
t See transaction detail for a description of any fees charged.
Cas laa Bonue Anniversary Month
August
Opening Cashback Bonus Balance $ 0.00
New Cashbock Bonus This Period + 0.00
Cashback Bonus Balance $ 0.00
To learn more, k?q in a+ www.Discover.com a„u,.eleo Rewards
3 Easy Ways to Contact Us Manage Your Account Online at www.Discover.com
I . Access your account securely at www.Discomr.com Access free online tools like Paydown Planner to create a plan
2. Call 1-800-DISCOVER (1.800.3472683) to day down your balance securely access statements, pay
l
b
l
d
Please have your Discover a card available. i
ls on
ine an
easily track all transactions
3. Write to us at Discover, PO Box 30943, Make your money worth more?-A--find easy ways to earn
Salt Lake City, UT 84130 and redeem cash rewards
For TDD (Telecommunications Device for the Deaf) NEWI Access your account securely through your
assistance, please call 1.800.347-7449. mobile phone
Transactions
Trans. Post
Date Date
Finance Charge Summary
Nominal Other
Aveiro ge Daily ANNUAL ANNUAL Periodic Foe
Daily Periodic
current billing periods 31 days $ai„anc?s R,ates_ .... PERCENTAGE PERCENTAGE FINANCE FINANCE
..-__.__. RATES._. RATES-- CMgRGES _ CFIARGES
"010
PO BOX 6103 111111111111 1111
CAROL STREAM IL 60197-6103
IIII I I IIOil IIIIIIII gill IIII III nIII lln1nll1Il11u11loll nll
Account Number ending in 7802
EnterrAAmount Enclosed Below
(
Go paperless and make your account
information more secure with password-
protected statements only you can access.
Learn more at discover.co"paperiess.
page 1 of 1
Payment Information
Now Balance $7,505.32
Minimum Payment Due* $7,505.32
Payment Due Date DUE IMMEDIATELY
*Includes past due amount of $1,763.00
Late Payment Warning: If we do not receive your minimum
payment by the date listed above, you may have to pay a late
lee of up to $39.00 and your purchose APRs for new
transactions may be increased up to the Default APR of
29.99 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 make no You:will payoff the And you will end ;
additional charges balance shown on up paying an
sing this card and this statement to estimated total of-
each month you pay... about...
Only the minimum 13 years $7,505
payment
If you would like information about credit counseling services,
call 1-800-347-1121.
?? New Balance Minimum Payment Due ! Account Number ending in 7802
Y $7,505.32 $7,505.32 Enter Amount Enclosed Below
Payment Due Date
DUE IMMEDI
TE
Y $ = "
A
L
08 SDSN6A01 0010257
HARTMAN, SUSANNE M Go paperless and make your account
228 EWE RD information more secure with password-
protected statements only you can access.
MECHANICSBURG PA 17055-4872 Learn more at discover.cmWpaperless,
PO BOX 6103 lllurllrr?lt?rrt?rlr?rlrll
CAROL STREAM IL 60147-6103
Address, e-moitor telephone chanrjeV
Go to www.Discovarcom or print change in space a bove.
000001986458312497189075053200000000750532
D10
page 1 of 2
Opening Date. June 9, 2010 - Closing Date: July 8, 2
Discover More Card Account Summary
Account number ending in 7802
Previous Balance $7,505.32
Payments And Credits 0.00
Purchases + 0.00
Balance Transfers + 0.00
Cash Advances + 0.00
Interest Charged + 0.00
Fees Charged + 0,00
New Balance $7 505.32
See Interest Charge Calculation section follow ing
transactions for detailed APR information
Credit Line $6,000.00
Credit Line Available $0,00
Cash Advance Credit Line $0.00
Cash Advance Credit Line Available $0.00
--
Cash ck Bonua
Anniversary Month
August
Opening Cashbock Bonus Balance $ 0.00
New Cashback Bonus This Period + 0.00
Cashback Bonus Wance $ 0.00
TD learn more, log to at www.Discover.com
Payment Information
New Balance $7,505.32
Minimum Payment Due' $7,505.32
Payment Due Date DUE IMMEDIATELY
''Includes past due amount of $1,914.00
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 $39,00 and your purchase APRs for new
transactions may be increased up to the Penalty APR of
29.99% 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 make no You will pay off the And you will and
additional rhorge3 balance shown on up paying an
sing this card and this statement in estimated total of:
each month you pay- abed.,
Only the minimum 13 years $7,505
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 Call 1-800-DISCOVER {1-800.3.17-2683,' to pay down your balance, securely access statements, pay
Please have your DiscoverO card available. bills online and easily track all transactions
3. Write to us at Discover, PO Box 30943, Make our mono worth morefind eas wa , to earn
Salt Lake City, UT 84130 and redeem cash rewards y y
For TDD (Telecommunications Device for the Deal)
assistance, please call 1-800.347-7449. NEWT Access your account securely through your
mobile phone
Transactions
Trans. Post
Date Date
Fees TOTAL FEES FOR THIS PERIOD $ 0.00
Interest Chamged TOTAL INTEREST FOR THIS PERIOD $ 0.00
2010 Totals Year-to-Date - -
TOTAL FEES CHARGED IN 2010 $ 156.00
TY TAI IKITCDCDT! UAOI C^ It, I nAIA -710 n1
? ? R It pays to ? Account number SUSAN rig M 7802
page 2 of 2
Interest Charge Calculation
Your Annual Percentage Rote (APR) is the annual interest rate on your account.
ANNUAL PERCENTAGE
Current Wiling Period. 30 days RATE (APR) BALANCE SUBJECT TO
INTEREST RATE INTEREST CHARGE
Purchases 29,99% V $0 $0
Past Purchases 29.99% V $0 $0
Cash Advances 29.99an V $0 $0
V = Variable Rate
Additional Important Information
Importontinformation. if there is more than one page to this billing statement, see the back of each page for additional importanl information
See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account
Lost or stolen cards. Report immediately( Call 1-800-347-2683.
What To Do It You Think You find A Mistake An Your Statement
if you thh,k there is an error on your oc lemem, write to trs or rXcover, 00 Box 30421, Salt take Cilia, UT 8A i 3"4:) l
in your letter, give us the following information
Account itsfor tartan: Your name and account number.
Dollar amoarb: The doffot amount of fire suspecsed error
Description of Problem: If you think there is an arror on your bill, describe what you believe is wrong and why you bel=eve it o a mistoke
You must contact us within 60 davs after the error appeared on your statement-
You must ratify us as any potential errors in wdGrxd, Yor; roay call us, but 8 you eta we are not required to i'nvedaafe 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 by to collect the amours in question, at report you as delinquent on that amount
The charge inqquestion may remain on your statement, and we may continua to charge you interest on Shat amount, But, if we determine prat we mode a
mistake, you will not have to pay the amount in question at any interest at other fees related to tho° 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 ogaino your credit limit.
Your Rights If You Are 01"atisf7ed VAh Your Credit Card Purchases
if you are dissatisfied wbh the goads or services that you have purchased w:th your credit card, and you have tried in good faith to correct the
problem with the merchant, you may have the right not b pay the remaining amount due on the purchase.
To use this right, oil of the folloWng must be true
l . The purchase most have been made in your home state or within 100 miles of your current rivaling address, and the purchase price must have
been more than $50. (Note: Willer of these are necessary if your purchase was based an an udvedisemem we mailed "ym), or if we own
the company that sold you the goods or services )
2. You must hove used your credit card for the purchase Purchases made with cash advances from air A.TtA or with o check that accesses you,
eredir card account do not qualify
3 You muss two * hove fully paid for the purchase
If all of the criteria above are met aced you ors stff7 dissatisfied with the purchase, contact us m wnting of Discover, Pal Box 30945,
Salt take City, UT 8413£" VA5
While we investigate, the same rules apply to the disputed amount as discussed above. Aber we finish air investigation, we will tell you cur
decision- At that paint, if we think ye" owe an amount and you do not poy we may report you as delinquent,
Payments. Send only your payment and the tap portion of this statement in the envelope provided On not send cash. By sending your check as described
above, you ouihoriee as to use information on your check to make on electronic fund transfer from your account at the financial instqution indicated on your
check ar to places the payment as a check transaction ff 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 (rack from your financial insBsrlion
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 at if you use on anveltspe other the the one provided, Payments received in propper fo m at our processing facility by SPM Irish time an any dry will
be credited to your Account as of that day. Poyffrsi received at our processing foe&fy aher 5PR4 local time will be credited to your Account as of the next
day, If you have misplaced your onvolope, send your payment to Discover, PO Box 6103, Carol Stream, It 60 1 97-6 103 Plaase allow 7.10 dais far delivery
tf your payment is returned unpaid, we reserve the right to resubmis it as an electronic debit.
You can pay your minimum pnymont or a greater amount over the telephone, and you can set up automatic poynsents. Call us of 1.800.3 A7-2683. You will
need this statemenf ark your bank account information. You must ensure that sufficient funds ate available in your bank account, acrd oil transactions must
comply with U-5 how. You .91 be asked to provide the first 5 digits of your account statement ZIP code. By entering these numbers as your electronic
sdgnoture, 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 inAinte
debit or credit entries to your bank account, as applicable, to correci an orlon in the processing of such payment You must tell us the amount of each payment
or you can select an amount such as she Minimum Payment Due of the New Balance on each statement, you con cancel o payment, however we must receive
ranee of least three business days in advance of the scheduled payment You may ratify us by phone at I-800347.2883 or by mail of the address listed in the
previous porugraph # your payments vary in amount, we will tell you an each monthly statement when your payment will be epode and how much if wilt be
Your arrtamaric payment omouni may be less than indicated an the monthly statement based on credits or payments applied during the billing cycle.
Credit Reporling, We may repair information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account
Wray be reflected in you credit report- We normally report the status and payment history of •Your Account to credit reporting agencies each month if • ou
feaeve that our report is inaccurate or incomplete, please write us a, the folio ing addresa_ L}is mcr, PO Box 15316, Wilmington, Of I965i7.5 316- tease
urdicole your name; address, home telephone number and Account number.
Paying Interest: We begin to impose Interest Charges an oil tracs-Orin, from the Transaction Dare for the transaction shown on your billing sfotemeni.
,mess a marrsaetian its posted to your Account oiler the close of the biifing period in which t c ccu,rs, in which case we begin to impose interest crrwges on that
tiansretian from Ilia first dray of fire billing period in which it is posted to youa A ccaunt We continue to impose Imereat Charges until fire dams vat pay your
en-tire New balance shown on your billing statement by makingpo yrt,enfs or receiving credits. if you paid the New Balance an your previous Wring statement
by the Payese-A Due Dote shown on esal billing statement, we wfil t ciI.npo,a Interest Charges on new psirchoses. ?not is, purchases First appeal rg on the
cwfenl billing statement, car any portion of a new purchase, paid by the Payment Due Own oa your currem billing statemment. We call this the 3 a:.e txrkrd " it
is pal less than 25 days- There is no grace period on ba{once transfers of cash ndvonces As more fully described in the sectional your Cardc,mntur
Agreement Oiled "Flow ),Ve Apply Paymerus," •.x gis--oily apply payments to your Accourf based on 'he APR applicable to the balance of each transacion
category 'This meows ttxsi it you do rat gory the Naw 9alanre r, . the crsrrcm btlirng tatemont by the l ayrnnnt Oue 1?afe shown nn filar balling uasemerl, then
depending on the amount of your payment and the APRs on other balances, yeti may not get a pence period on nCw purchases.
Minimum Interest Charge. We will chargey?s n n rsumum Intelav Charge of S 50 bro. yny billing period it,. whicis Interest Charges ,1 1- than $,53
would :otherwise be impaled
Annual Pee. If your Account has on amooi tee, if wdt be billed at fire beglm ing of each anniversary year your Account is open lye onount of Ore fee
appe:ors on the statement when the Tee, is bflkd The annual fee is not refundafsle unlessyeo n rify us that you wish to close your Acrouni w rh-n 30 days al ri:r
=scatting ar delivery dote of fhe statemend an which the lee to- bfllnd. Yoe will receive this refund even if you use your Card during that patiod.
How We Calculate Interest Charges - Daily Balance Method (including current transactions): We (adore inrorest C Norge, f<- each Vung
frer,od to do- this.
We calculate your If Fe'e't Cha gee -eporars y for each balance subject to different terms (Jo, example, standard purr.,hoses, standard cosh
advances ond.racf purcfxsse, txsta r:e transFer and csnh darsee balance 5abje<t to pronialfr,>npf tetras). Wn. refer to those bcrta,rcns c,n
Ia-ciction categories
We figure the *daily balonce" for each tranutchun category Ta gel the 'Judy balance` we take the beo'nning balance for each day, odd any
new tronsactions and Fee' and nny :nieces) C'horgec accrued on rile previous day's daily balance. We then sualracl try credos an d payments and
make other adjustments lirschrding tfeoso ad{ustmeni, required in the secfion dried "Paying inferest"I- In ralcotatlng the daily balonco for the first
day of the hiking period, we comWitr the 'previous day's daily balum0' to hove bestir yam bolancc on the La;t day of your precious billsa
period Ti»s gives us the doily bolonce for each tronsocrion cafegary-
We figure the interest Clorges on year Account by rnuitiplymg the daily oalonce for each transaction category by its daily pe-i ciic tale, fcr each
day in the billing period
The canal lnierear Charges tar 1ha baling peri<xt ute the sum n! the daffy tnletest Charges fat each tan,ncuan category tar inch dray #-rrfno it*n!
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Discover Bank No. 11-3997
c/o DB Servicing Corporation
Plaintiff zM ?
;0 rn
,
r?
VS.
SUSANNE M HARTMAN
E
z„
Defendant(s) =t' 3
u
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above referenced account as discontinued without prejudice.
Respectfully submitted,
Amy F. Do quire
PA Supreme C rt ID 87062
Schlee & Stillman, LLC
11 East Market St., Suite 102
York, PA 17401
717-885-0718
877-202-9420
206-203-3872 (facsimile)
Counsel for Plaintiff
File No. 10006768