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HomeMy WebLinkAbout11-4953COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL N Judicial District, County Of CU nq8 JkLA ti D FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. It- gg65 lit vl I-Tew NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. 305E FA P PkAAfq;; MDR •0q-3-03 NDnI Su5A4 K. aAY 133 WE5TGAit DIROV IRIS PA 1 7065- DATE,QFJUE)PMENT IN I HE CASE Ot- (Fain 1 Orr) I an V1 6 0l1 piSco?zR An O PSI . R,u ? DOCKET No. C TURE OF P APPELLLANT OR ATTORNEY OR AGENT M?- N303 -CV - 000001TY -61011 /\I.-- This block will be signed ONLY when this notation is required under Pa. If ap llant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after tiling the NOTICE of APPEAL. Signature of P-thonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon D CS Gold Q 8A VLK appellee(s), to file a complaint in this appeal Name of appettee(s) (Common Pleas No. ?_ yQ53 0 i v-I TeM ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. 1 , Signature of appellant or attomey or agent RULE: To D?s?O i?`L/Z I-XI rl 1.4'. appellee(s) Name of apps ee(s (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. fiats: Ihr 1-201 -. Signature of Prothonotary or Deputy YbU MUST- INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 -OF? FILED l-- T HE 41 2011 JUN 15 Pty 12,119 aUMBERLANO COU ,l, PENNSYLVANIA, 4 Ql. 15 PQ af-P r CASH pIt 9 r 6& COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Joseph P Ruane 133 Westgate Drive Mt. Holly Springs, PA 17065-2010 Discover Bank V. Joseph P Ruane Docket No: MJ-09303-CV-0000095-2011 Case Filed: 3/25/2011 Disposition Summary Defendant Disposition Disposition Date Docket No Plaintiff MJ-09303-CV-0000095-2011 Discover Bank Joseph P Ruane Default Judgment for Plaintiff 05/16/2011 Judgment Summary Joint/Several Liability Individual Liability Amount Participant Joseph P Ruane $0.00 $3,516.00 $3,516.00 Judgment Detail (*Post Judgment) In the matter of Discover Bank vs. Joseph P Ruane on 5/16/2011 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $3,396.45 $3,396.45 Filing Fees f 50.00 $119.55 $119.55 Grand Total: $3,516.00 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OROTHERWISE 1=NT""_:.mm-? ro ` Date Magisterial District Judge Susan K. Day a r?rfi -?? n. certify that this is a true and correct copy of the record of the proceedings containing the judgment; Date . Magisterial Oistdct.Judge Susan K. Day C MDJS 315 Page 1 of 1 Printed: 06/02/2011 1:57:50PM F ILEt -UFFIC?' IHE PROiHONOT',1-'" 2011 JUN 24 Ate 9: 27 PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ; ss AFFIDAVIT: I hereby (awes +) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No.11-4953, upon the Magisterial District Judge designated therein on (date of service) JUNE 16, 2011, ® by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) DISCOVER BANK, on JUNE 16, 2011 ?by personal service® by (certified) (regFs Wed) mail, sender's receipt attached hereto. (SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 22nd DAY OF JUNE, 2011 Sigriature of official before whom affidavit was made Nofanall?eal_ .. _ ___ Linda K. Klein, Notary Public Shippensburg, PA Cumberland County My Commission Expires August 15, 2012 Title of official j Signaty of affiant JOS H P RUANE C3 A (Domestic Mail Only; No Insviance ""overage Provided) My commission expires on , 20 M a a ru Postage $ S? Ln v1 ,.. C3 Certified Fee d t Return Receipt Fee ?• PosMurk C3 I (Endorsement Required) //9 Q Here O Restricted Delivery Fee r- (Endorsement Required) ?• O Total Postage & Fees $ 63. ?n 06/16/2 .,d 8SN3d6\N? C3 ISCb?f,?gIIKb_fon.. or Po Box No. 0? O&L ,q V 4 U G +.`•-- j --- ----------------------------------------------- ' AOPC 312A - 05 J UUMMUNV tAL I M OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CU k6tPLA,1 D NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 11- gg53 viva Term NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. J-05 w i . rvu• NAME OF MDJ r_ F A P 4 A N ` ht ?, - 01- 3 - 0 3 N bnl . 5 ccs r? K L AI,/ 133 WE-51%giE D:41U V1 HOLLY S4KIVIGS PA l?06? DATF CIF II IMWFNT Tnl S i6 0?l iSC?Il R Art - 05trPA . PVIV DOCKET No. .--r sl TURE OF APPELLANT OR ATTORNEY R AGENT Ml -N303-cU-ao00011 --C ooi This block will be signed ONLY when this notation is required under Pa. If ap llant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will efore a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days after riling the NOTICE of APPEAL Soatum of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary 11 Enter rule upon D 15Goi1iQ BAYIK appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 4953 rM ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ii Signature of appellant or attorney or agent RULE: To lsc.l: ?5.Z 6, ni< , appellee(s) ame Iff appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Dafe: 20 r I ignaturo o/ Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSdRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 4 Stock & Grimes, LLP By; Francis X. Grimes, Esquire I.D.## 62404 804 West .Avenue Jenkintown, PA 19046 (215) 576-1900 Discover Bank 12 Reads Way New Castle, DE 19720 Plaintiff Attorney for Plaintiff Ffli-E -OFFICE C i 11'71E "R0TX'ON0 AR 1a 2? i JUL -8 PN 2:51 ^' `41,)PPERLAND COUNTY -`NI51'LVPdlA COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION LAW NO. 11-4953 Civil Term VS. Joseph P. Ruane 133 Westgate Drive Mount Holly Springs, PA 17065 Defendant(s) YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 y v STOCK & GRIMES, LLP BY: FRANCIS X. GRIMES, I.D. #62.404 804 West: Avenue Jenkintown, PA 19046 (215) 576-1900 DISCOVER BANK 12 Reads Way New Castle, DE 19720 Plaintiff vs. JOSEPH P. RUANE 133 Westgate Drive Mount Holly Springs, Defendant(s) PA 17065 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No.: 11-4953 CIVIL TERM CIVIL ACTION COMPLAINT COUNT I - CONTRACT 1. Plaintiff, Discover Bank, is a banking institution organized under the laws of the State of Delaware and maintains a business address of 12 Reads Way, New Castle, DE 19720. 2. Plaintiff is engaged in interstate commerce and is subject to various federal laws and federal banking regulations; and, Plaintiff does not conduct business within the Commonwealth of Pennsylvania within the meeting of any statutes and/or regulations pertaining to foreign corporations. 3. Discover Bank is the issuer and owner of the Discover credit cards which are issued to consumers pursuant to an extension of credit agreement with them. 4. DB Servicing Corporation is affiliated with and is the servicing agent for the Discover ESQUIRE credit card accounts for Discover Bank. It creates and maintains all of the records in connection with all of the activities and/or transactions regarding the Discover accounts, which records are maintained by DB Servicing Corporation, formerly known as DFS Services LLC. 5. The Defendant, is an adult individual believed to be residing at the address contained in the above caption. 6. Plaintiff issued a Discover credit card to the Defendant so that the Defendant could make purchases or other forms of credit from various merchants who were authorized to accept the credit card from the Defendant in lieu of payment by the Defendant to the merchants. 7. The Defendant received the physical credit card issued by the Plaintiff, together with a Cardmember Agreement (extension of credit agreement), which agreement contains the terms and conditions governing the use of the credit card between the parties hereto. Plaintiff attaches hereto as Exhibit "A" a copy of the Cardmember Agreement applicable to the Defendant account. 8. The cardmember agreement is in writing however is not signed and is not required to be signed by the parties as the cardmember agreement only becomes effective and assented to by the Defendant upon the use of the credit card. 9. Thereafter, on sundry and various occasions, the Defendant, pursuant to the extension of credit agreement, used the credit card for purchases and/or other forms of credit. Attached hereto as Exhibit "B" is a copy of the Defendant's monthly cardmember statements for the period ending December 3, 2010. 10. The Defendant by their acceptance and use of the Discover card have assented and ratified the terms and conditions of the Cardmember Agreement each and every time they utilized the Discover credit card, as well as by continuing to make payments to the Plaintiff after receiving monthly statements summarizing the activities and/or transactions on the account. 11. The Defendant by his/her use and conduct of the Discover Card have impliedly represented to the credit card issuer that the Defendants have the ability and the intention to pay for the use of the Discover credit card. 12. Plaintiff believes, and therefore avers, that the Defendant last payment in regard to their Discover obligation was processed on or about May 30, 2010 and as a result thereof, the Defendant is in breach of their obligation to the Plaintiff, and as a further result thereof, the obligation of the Defendant to satisfy the entire balance in regard to the credit card account became accelerated. 13. The outstanding balance which was due on the credit account as of January 31, 2011 was $3,146.45; and, although repeated requests and demands have been made upon the Defendant by the Plaintiff to satisfy the balance, the Defendant is still in breach of the agreement and have failed to repay the account balance and debt due the Plaintiff. 14. In addition to the balance on the account as indicated above, the Plaintiff may incur additional damages for accrued interest, attorney fees and costs and request payment of the same by the Defendant pursuant to the terms of the Cardmember Agreement and/or applicable law. 15. The Defendant has not reported any disputes in writing within sixty (60) days relating to his monthly statements pursuant to 15 U.S.C. $1601. 16. Plaintiff, through its counsel's investigation, has determined that the Defendant are not in the military service. 17. THIS COMMUNICATION OF PLAINTIFF'S COUNSEL IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, Plaintiff, Discover Bank, demands Judgment against the Defendant, Joseph P. Ruane, in the sum of $3,146.45, plus reasonable attorney fees, costs and pre judgment interest in accordance with law. COUNT II - UNJUST ENRICHMENT 18. Plaintiff incorporates by reference, all of the foregoing averments of this Civil Action Complaint, as though the same were more fully set forth in length herein. 19. Defendant, by the use of the Discover credit card and the extension of credit, received the benefit of the same which was given on the said credit account and has failed to make payment for the receipt of the said benefit. 20. As a direct result of the receipt of the benefit of the extension of credit understanding as above, the Defendant has been unjustly enriched in the amount of $3,146.45, to Plaintiff's detriment. WHEREFORE, Plaintiff, Discover Bank, demands Judgment against the Defendant, Joseph P. Ruane, in the sum of $3,146.45, plus costs and pre judgment interest in accordance with law. DATE: 3 X. GRIMES, ESQUIRE for Plaintiff VERIFICATION 1, JAMES BALL, hereby state that I hold the position of Team Leader with DB Servicing Corporation, and that l am authorized to take this Verification on behalf of DB Servicing Corporation, successor to DFS Services .LLC, the servicing affiliate of Discover Bank. T certify that Discover Bank is issuer and owner of the credit card obligation of Joseph P. Ruane (card number 8109) and that the balance owed as of January 31, 2011 was $3,146.45. The Plaintiff lacks sufficient knowledge or information to execute this verification, however, T have sufficient knowledge and information in my position as Team Leader with DB Servicing Corporation which is a subsidiary of Plaintiff and is the servicing affiliate of Plaintiff. THAT, in my capacity as Legal Placement Account Manager, I have access to records regarding the Discover Card Account of the above referenced Debtor(s), further, that I have personally inspected said Account and statements regarding the balance due on said account. DB Servicing Corporation maintains these records in the ordinary course of business. I further certify that Discover Bank is the owner of the credit card obligation of` Defendant(s), and that the facts contained in the within pleading are true and correct to the best of his knowledge, information and belief, I understand that the statements made herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. lla.te7) ? ? (II DiscovER YOUR DISCOVER' ACCOUNT CARDMEMBER AGREEMENT ................ Pages 1-13 The terms and conditions of your Account, including how we calculate finance charges, our fees and an Arbitration of Disputes section. You have the right to reject the arbitration provision with respect to your new Account within 30 days after receiving your Card, as explained in the "Right to Reject Arbitration" section at page 13. PRIVACY POLICY ......................... Pages 13-16 A summary of the personal information we collect, when it may be shared with others, and how we safeguard the confidentiality and security of information. You may limit our sharing of such information with others as explained in section 4 of the Privacy Policy at page 15. BILLING RIGHTS .......................... Pages 16-17 Important information about your rights and our responsibilities under the Fair Credit Billing Act. DESCRIPTION OF COVERAGE.. ............. Pages 18--25 The terms and conditions of the Scheduled Air Travel Accident Insurance and the Secondary Rental Car Collision Coverage that is provided at no charge to you when you use your Card to purchase airline tickets or rent an automobile. GLOBAL TRAVELER'S HOTLINE .................. Page 25 The terms and conditions of this free travel assistance benefit. 02010 Discover Bank, Member FDIC TL22AG.0210 1000M0_02BOK_TL22AG0210_01361_reader.indd 1.2 12115/09 1:36:41 PM CARDMEMBER AGREEMENT Please read this Agreement carefully before using your Discovers Card Account It contains the terms and conditions of your Account some of which may have clanged 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 age 10 and our Privacy Policy additional information. The Arbitration of Disputes section on page for 11 includes a waiver 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 ......................................... 2 Your Acceptance of this Agreement ............................ 2 Permitted Uses of Your Account ............................... 2 Prohibited Uses of Your Account ............................... 3 Purchases and Cash Advances in Foreign Currencies ............... 3 Cash Advances .............................................. 3 Balance Transfers ............................................ 3 Credit Authorizations ........................................ 3 Authorized Users ............................................ 3 Unauthorized Use ........................................... 3 Your Credit Lines ............................................ 4 CHANGES TO THIS AGREEMENT ................................... 4 MAKING PAYMENTS ............................................. 4 Promise to Pay .............................................. 4 Monthly Billing Statement .................................... 4 Monthly Pa Options .......................... ..... 5 Automatic filling Arrangements ............................... 5 How We Apply Payments ..................................... 5 Minimum Monthly Payment .................................. 5 Skip•A-Pa ent Offers ....................................... 5 Credit Balances .............................................. 5 FINANCE CHARGES .............................................. 6 How We Calculate Periodic Finance Charges ..................... 6 How We Calculate Your Balances .............................. 6 Variable Interest Rates ....................................... 7 Default Rate ................................................ 7 Cash Advance Transaction Fee Finance Charges .................. 8 Balance Transfer Transaction Fee Finance Charges ................ 8 Foreign-Currency-Transaction-Fee Finance Charges ............... 8 Minimum Finance Charge ..................................... 8 Account Set-up Fee Finance Charge ............................. 8 FEES ........................................................... 8 Annual Fee ................................................. 8 Late Fee .................................................... 9 Retumed Payment Fee ....................................... 9 Returned Discover Card Check Fee ............................. 9 Pay-ByPhone ............................................... 9 Research Fee ................................................ 9 DEFAULT AND CANCELLATION .................................... 9 Types of Default ............................................. 9 Consequences of Default ..................................... 9 Cancellation ................................................ 9 PRIVACY AND OUR COMMUNICATIONS WITH YOU ................. 10 Our Privacy Policy ........................................... 10 Reporting to Credit Reporting Agencies ........................ 10 -1 10DCM0_0280K_TL22AG0210_01361_reader, indd 3-4 12/15/09 1:36:41 PM Our Communications with You ............................... 10 Releasing Information About Your Account .................... 10 Electronic Notices to You .................................... 10 Notices- Changes to Your Information .........................10 CLAIMS AND DISPUTES ..........................................10 Merchant Disputes ...........................................10 Claim Notices ...............................................11 Arbitration of Disputes .......................................11 Right to Reject Arbitration .................... .....13 LEGAL INTERPRETATION OF THIS AGREEMENT .......................13 Severability .................................................13 Compliance with Interest Rate Limitations .................. . ....13 Governing Law ..............................................13 ASSIGNMENT OF ACCOUNT .......................................13 DEFINITIONS "Account" means our Discover Card Account "Authorized User means any person whom you authorize to use your Account or a Card, whether you notify us or not. "Card" means any one or more Discover Cards issued to you or someone else with your authorization. "Pricing Schedule" means the document accompanying your Card and listing the Finance Charge rates that apply to your Account. The Pricing Schedule is part of this Agreement "We; "us" and "our" refer to Discover Bank, the issuer of your Discover Card. "You,' *your" or "yours" refer to, in addition to you, the Cardmember, any other person or persons who are also contractually liable under this Agreement. USING YOUR ACCOUNT Your Acceptance of this Agreement The use of your Account or a Card by you or an Authorized User, or your failure to cancel your Account within 30 days after receiving a Card, means you acreptthe Agreement inducing the Arbitration of Disputes section on pa e 1 i. You may, however reject the Arbkratan of Disputes section as explained on page 13. Permitted Uses of Your Account. Your Account may be used for. Purchases - to purchase or lease goods or services from participating merchants by presenting your Card or Account number or by using promotional checks, which we may furnish to you, in accordance with such _additional _terms and conditions as we may offer from time to time. Cash Advances - to obtain cash advances from participating automated teller machines, financial institutions or other locations, the purchase of lottery tickets, racetrack wagers, vouchers redeemable for cash or for casino chips, money orders, traveler's checks, savings bonds, foreign currency and wire transfers, or by means of checks which we may furnish to you, all in accordance with such additional terms and conditions as we may offer from time to time. Balance Transfers - to transfer balances from other creditors or to make other transactions by means of balance transfer coupons or checks, in accordance with such additional terms and conditions as we may offer from time to time. In addition, your Account may be used to guarantee reservations at participating establishments. You will be liable for guaranteed reservations that are not cancelled prior to the time specified by the establishment. Your Account may be used for personal, family, household and charitable purposes. -2- Prohibited Uses of Your Account Your Account may not be used to obtain loans to purchase, carry or trade in securities, to pay any amount you owe under this Agreement or for any transactions that are unlawful where you reside or where you are physically located when you use the Account to initiate the transaction ("Prohibited Transactions"). Purchases and Cash Advances in Foreign Currendes. If you make a purchase or cash advance in a foreign currency, it will be converted to U.S. dollars using either a government-mandated rate, a government-published rate or the interbank exchange rate, depending on the country and currency in which the transaction is made. The rate used will be the rate in effect on the conversion date for the transaction, which may be different than the Transaction Date as shown on your statement. We charge a Foreign Currency Transaction Fee Finance Charge for each purchase made in a foreign currency as described in the Foreign Currency Transaction Fee Finance Charges section on page 8. Cash Advances We may periodical) offer you promotional rates on cash advances for the time period spec fYed in the offer, subject to the Default Rate section. The offer may contain a Cash Advance Transaction Fee Finance Charge for each cash advance. Balance Transfers. We may periodically offer you the opportunity to make balance transfers from other creditors or to make other transactions to your Account by means of balance transfer coupons or checks. Each offer will contain a promotional rate, which will be the Annual Percentage Rate that will apply to transferred balances for the time period specified in the offer, subject to the Default Rate section and may contain a Balance Transfer Transaction Fee Finance Charge for each balance transfer made during the term of the offer, as disclosed in the offer and as set forth in the Pricing Schedule, if applicable. Balance transfers subject to the promotional rate are referred to as promotional rate balance transfers, balance transfers for which the promotional rate has expired are referred to as purchase rate balance transfers. Each offer will contain an expiration date. If you attempt to transfer balances by means of a check after the expiration date, we will treat the transaction as a cash advance. We will not make balance transfers attempted by means of a coupon after the expiration date. Credit Authorizations Certain transactions will require our authorization prior to completion. In some cases, you may be asked to provide identification. We have the right not to authorize a transaction for security or__other_reasons. Also, if our. authorization_system is not working, we may not be able to authorize a transaction. We will not be liable to you if any of these events happen. Authorized Users. If you want to cancel the authority of a current Authorized User to use your Account or a Card, you must notify us and destroy any Card in that person's possession. You can not' us by telephoning 1.800-DISCOVER (1-800.347.2683), or by writing Discover, PO Box 30943, Salt Lake City, UT 84130-0943. None of your rights under this Agreement (other than to pay amounts owed) may be exercised by any person not a party to this Agreement acting pursuant to a power of attorney, without our separate written agreement (which we are not obligated to give), Unauthorized Use, Prior to its use, each Card must be signed by the person to whom it is issued. If a Card is lost or stolen, or if you think that someone is using your Account or a Card without your permission, notify us immediately. You can notify us by telephoning 1.800-DISCOVER (1-800347.2683), or by writing Discover, PO Box 30943, Salt Lake City, UT 841300943. You agree to -3- 1000M0_02BOK_TL22AG0210_01361_reader. indd 5-6 12115/09 1:36:41 PM assist us in determining the facts relating to any theft or possible unauthorized use of your Account or a Card and to comply with such procedures as we may require in connection with our investigation. Your Credit Lines. We will advise you of your Account credit line. We may impose a louver line that will apply to cash advances, referred to as the cash advance credit line. We may also impose a lower line that will apply to balance transfers, referred to as the balance transfer credit line. You agree not to allow your unpaid balance, including Finance Charges and fees, to exceed your Account credit line, If you exceed your Account credit line, we may request immediate payment of the amount by which you exceed your Account credit line. We may increase or decrease your Account credit line, your cash advance credit line or your balance transfer credit line without notice. The credit available for your use may, from time to time, be less than your Account credit line. For purposes of determining your available credit, we reserve the right to postpone for up to 15 business days reducing your unpaid balances by the amount of any payment that we receive. Your available credit will not be increased by the amount of any credit balance. CHANGES TO THIS AGREEMENT From time to time, we may, to the extent permitted by law, change any term of this Agreement, including, but not limited to, any finance charge rate, fee or method of com=n any balance upon which the finance charge rate is assessed, or add or delete any temp to this Agreement We will give you notice of the change in the time and manner required by law, which includes 45-days advance written notice in some circumstances. In addition, to the extent required by law, we will offer you the opportunity to reject a change. For exar", law requires, with certain exceptions, that we offer you the opportunity to reject an increase in a late fee or the elimination of a grace period prior to the effect!" date of the change. If you reject a change in accordance with the inductions in the notice provided, we will close your Account and you will no longer be able to use it for further transactions. You can then pay the remaining balance under the unchanged term. We may also change any tern of any product, service or benefit offered in connection with your Account We will notify you as required by law or by the terms of the product, service or benefit MAKING PAYMENTS Promise to Pay. You agree to pay us in U.S. dollars for all purchases, cash advances and-balance-transfers-mduding-appfiraMe--Finance- Charges and other charges or fees, incurred by you or anyone you authorize or permit to use your Account or a Card, even if you do not notify us that others are using your Account or a Card. If you pay us in other than U.S. dollars, we may refuse to accept the paymant or charge your Account our cost to convert your payment to U.S. dollars. All checks must be drawn on funds on deposit in the U.S. You may not use a cash advance check, balance transfer check or coupon, or any other promotional check drawn on any Discover Bank credit card account to make payments on your Account If your Account is a joint Account, each of you agrees to be liable individually and jointly for the entire amount owed on your Account. We can accept late payments or partial payments or checks and money orders marked "payment in fug' or with any other restrictive endorsement without losing any of our rights under this Agreement Monthly Billing Statement We will send you a billing statement after each monthly billing period in which you have a debit or credit balance, unless -4- we waive our right to do so as permitted by law. The billing statement will show all purchases, cash advances, balance transfers, Finance Charges and other charges or fees and all payments or other credits posted to your Account during the billing period. It will show your New Balance, Payment Due Date and Minimum Payment Due as of the end of the billing period. If your prior month's payment is returned unpaid, your required Minimum Payment Due may be higher than shown on your billing statement. See the Minimum Monthly Payment section on page S. Monthly Payment Options. You may at any time pay the entire New Balance shown on your billing statement, but each month you must pay at least the Minimum Payment Due as described in the Minimum Monthly Payment section. All payments must be made in accordance with the terms stated on your monthly billing statement, as well as the payment cut-off time stated in this section, and we will credit your Account in accordance with those terms and this section. Payments received in proper form at our processing facility by 5PM local time on any day will be credited as of that day. Payments received in proper form at our processing facility after 5PM local time will be credited as of the next day. Automatic Billing Arrangements,, If your Account number and/or Card expiration date changes and our records indicate you have automatic billing established with a merchant, we will attempt to provide your new Account information to that merchant To ensure uninterrupted billing, we recommend that you verify the merchant has your new Account information. You must contact the merchant directly if you do not wish to continue the automatic billing arrangement How We Apply Payments. Each billing period, to the extent your payments exceed the Minimum Payment Due shown on your current billing statement, we will apply these excess amounts in order of the Annual Percentage Rate applicable to the balance of each transaction category (as referenced in the Finance Charges section), generally from highest to lowest, beginning with the balance subject to the highest Annual Percentage Rate. Otherwise, we will apply payments and credits at our discretion, including in a manner most favorable or convenient for us. In all cases, we will apply payments and credits in accordance with applicable law. Minimum Monthly Payment The Minimum Payment Due each billing period will equal: (I) the greater of: 540; 2% of the NwBalante; or • current Periodic Finance Charges plus Late Fees plus $20; (ii) plus any past due amount. We may also include some or all the amount by which you exceed your Account credit line. When we calculate the Minimum Payment Due, we may subtract from the New Balance certain fees added to your Account during the billing riod. The Minimum Payment Due will be rounded up to the nearest dol ar and will never exceed the New Balance, Skip•APayment Offers. We may from time to time allow you to not make a minimum monthly payment and will notify you when this option is available. If you take advantage of this offer and do not make a minimum monthly payment, finance charges and any applicable fees will accrue on your Account in accordance with this Agreement and you must pay the Minimum Payment Due for the following billing periods. Credit Balances, We will refund any credit balance within seven business days from receipt of your written request. If you do not request a refund, -5- 10DCM0_02BOK_TL22AG0210_01361_reader.indd 7-6 12/15/09 1:36:42 PM we will automatically refund credit balances greater than $1 that remain in your Account after 6 months. FINANCE CHARGES How We Calculate Periodic Finance Charges. We begin to impose Periodic Finance Charges on all transactions from the Transaction Date for the transaction shown on your billing statement, unless a transaction is posted to your Account after the dose of the billing period in which it occurs, in which case we begin to impose Periodic Finance Charges on that transaction from the first day of the billing period in which it is posted to your Account. We continue to impose Periodic Finance Charges until the date you pay your entire New Balance shown on your billing statement by making payments or receiving credits. However, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases fiat appearing on the current billing statement, or any portion of a new purchase, paid by the Payment Due Date on your current billing statement. We call this the "grace period," There is no grace period on balance transfers or cash advances. As more fully described in the section titled "How We Apply Payments," we generally apply payments to your Account based on the Annual Percentage Rate applicable to the balance of each transaction category. This means that if you do not pay the New Balance on the current billing statement by the Payment Due Date shown on that billing statement, then, depending on the amount of your payment and the Annual Percentage Rates on other balances, you may not get a grace period on new purchases. We sort your transactions into groups of purchases, cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups We refer to these groups as transaction categories. At the end of each billing period, we compute balances and Periodic Finance Charges for each day of the billing period for each transaction category We use the following equation to compute Periodic Finance Charges for each transaction category: (Average Daily Balance) times (days in billing period) times (Daily Periodic Rate). You may refer to the Finance Charge Summary on your billing statement for these amounts. Then we adder the Periodic Finance Charges for each transadion category to get the total ?eodic Finance Zharges for your Account The Average Daily Balance is shown as zero if, because of the grace period, no Periodic Finance Charges apply to the balance in a transaction category. The Daily Periodic Rate is 1/365th of the corresponding Annual Percentage Rate. How We Calculate Your Balances. We use the Average Daily Balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. We compute the Average Daily Balance for each transaction category by adding up all the daily balances in a billing period for a transaction category and dividing the total by the number of days in the billing period. We compute the daily balance for each transaction category on each day by first adding the following to the previous day's daily balance: transactions with a Transaction Date of that day as shown on your billing statement, unless the transaction is posted to your Account afterthe close of the billing period in which it occurs, in which case the transaction will be added to the daily balance as of the first day of the billing period in which it is posted to your Account, fees charged that -6- 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 ca ory on that day. In calculating the daily balance for the first day of the billing period, we consider the "previous day's daily balance" to have been your balance for each transaction category on the last day of your previous billing period. All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction category. Variable Interest Rates. One or more Daily Periodic Rates and corresponding Annual Percentage Rates that apply to a transaction category may be variable rates as set forth in your Pricing Schedule or in any special offers you receive from us. Variable Annual Percentage Rates are determined by adding a specified number of percentage points to the Prime Rate. This is shown on the Pricing Schedule as 'Prime + (percentage points).' For urposes of this Agreement, the Prime Rate is the highest rate of interest fisted as the "prime rate" in the Money Rates section of The Wall Street Journal on the last business day of the month. The Prime Rate is merely a pricingg index and does not represent the lowest or best interest rate availableto a borrower at any bank at any given time. If you have a variable rate, your Annual Percentage Rate will increase or decrease when the Prime Rate changes. This change will be effective beginning with 'die first day of the billing period that begins during the same month as the change in the Prime Rate. An increase in the Annual Percentage Rate may increase your Minimum Payment Due. Default Rate. Each time that you do not make the Minimum Payment Due by the Payment Due Date we may, in accordance with applicable law. (i) terminate the availability of any promotional Annual Percentage Rates on new transactions; and (ii) increase your Annual Percentage Rates for new transactions to variable Default Rates. Each new variable Default Rate for a new transaction is determined bbyy adding up to 5 additional percentage points to the otherwise applicable Annual Percentage Rate and will vary based on any changes in the Prime Rate. (For example, if the promotional purchase rate was 2.99% and the rate for other purchases was 15.99% and you paid late once, the rate for all new purchases could increase up to 20.99% variable and vary thereafter with the Prime Rate.) When we first determine the vanableegauk^Aates; we useffieFnme-Rale eefWtive for'the3ilIIng petidd in which you pa late. The variable Default Rates are determined in accordance with the Variable Interest Rates section. We will base your Default Rate on your creditworthiness and other factors such as your current Annual Percentage Rates and your Account history. If we increase any of your Annual Percentage Rates to a Default Rate, we will send you a notice, in accordance with applicable law, advising of (i) the date the new Default Rate will apply (the 'Default Rate Effective Date"), (ii) the type of new transactions to which it will be applied (note: the new Default Rate will not apply to any other transactions) and, (iii) your right to reject the new Default Rate. New transactions are those transactions which either (i) have a Transaction Date, as shown on your billing statement, of more than fourteen days after we mail or deliver the notice to you or, (ii) if permitted by applicable law, were posted to your Account after the current Default Rate Effective Date. Your Account will not be subject to a Default Rate for the first twelve billing periods after your Account is first opened. -7 1000M0_0260K_TL22AG0210_01361_reader. Indd 9-10 12/15/09 1:36:42 PM If your Annual Percentage Rate for purchases, balance transfers or cash advances was increased to a Default Rate, we will, to the extent required by applicable law, periodically review your Account to determine if any of your Annual Percentage Rates should be reduced. Any reduced Annual Percentage Rates on new and existing balances may be different and may be higher than your previous standard Annual Percentage Rates for purchases, balance transfers and/or cash advances or any promotional rate. Cash Advance Transaction Fee Finance Charges. Unless otherwise specified in a cash advance offer, we will charge you a Cash Advance Transaction Fee FINANCE CHARGE of 5% of the amount of each new cash advance with a minimum Cash Advance Transaction Fee FINANCE CHARGE of S10 and no maximum. The imposition of Cash Advance Transaction Fee Finance Charges may result in an Annual Percentage Rate for cash advances that is higher than the nominal Annual Percentage Rate. All forms of cash advances, including the use of Discover Card checks, regardless of the purpose for which used, are subject to Cash Advance Transaction Fee Finance Charges. To obtain the total Finance Charge on cash advances for each billing period, we add any Cash Advance Transaction Fee Finance Charges for the billing period charged under this section to any Periodic Finance Charges Calculated under the Periodic Finance Charges section for each cash advance transaction category and add up these amounts. Balance Transfer Transaction Fee Finance Charges. Unless otherwise specked in a balance transfer offer, we will charge you a Balance Transfer Transaction Fee FINANCE CHARGE of 5% of the amount of each new balance transfer with a minimum Balance Transfer Transaction Fee FINANCE CHARGE of $10 and no maximum. The imposition of Balance Transfer Transaction Fee Finance Charges may result in an Annual Percentage Rate for balance transfers that is higher than the nominal Annual Percentage Rate. To obtain the total Finance Charge on balance transfers for each billing period, we add any Balance Transfer Transaction Fee Finance Charges for the billing period charged under this section to any Periodic Finance Charges calculated under the Periodic Finance Charges section for each balance transfer transaction category and add up these amounts. Foreign Currency Transaction Fee Finance Charges. We will charge you a Foreign Currency Transaction Fee FINANCE CHARGE of 2% of the U.S. dollar amount of each purchase made in a foreign currency. The imposition of Foreign Currency Transaction Fee Finance Charges may result in an Annual Percentage Rate for purchases that is higher than the nominal Annual Percentage Rate. To-obtain-the-total-Finance-Charge-on-purchases#ar-each billing period, we add any Foreign Currency Transaction Fee Finance Charges for the billing period charged under this section to any Periodic Finance Charges calculated under the Periodic Finance Charges section for each purchase transaction category and add up these amounts. Minimum Finance Charge. We will charge you a minimum FINANCE CHARGE of $.50 for any billing period in which Periodic Finance Charges of less than $.50 would otherwise be imposed. Account Set-up Fee Finance Charge. If your Pricing Schedule accompanying your Card includes an Account Set-up Fee, we will charge you a one-time Account Set-up Fee FINANCE CHARGE in the amount indicated when we open your Account. FEES Annual Fee. If your Pricing Schedule accompanying your Card includes an Annual Fee, we will charge you an Annual Fee in the amount indicated. We will charge you this fee when we open your Account and at the beginning of each anniversary year your Account is open. The Annual Fee is not -8- refundable, except as provided by law. Late Fee. We will charge you a Late Fee if you have failed, as of the Payment Due Date, to make the Minimum Payment Due that was required to be paid for that billing period. The amount of the Late Fee is based on the sum of all outstanding purchases, cash advances, balance transfers, other charges, other fees and Finance Charges at the end of the billing period for which we did not receive timely payment If the sum is $250 or less, the fee is $19. If it is greater than $250, the fee is $39. Returned Payment Fee. We will charge you a Returned Payment Fee of $35 each time you pay us with a check or other instrument that is returned unpaid. This fee will also apply if a debit transaction to a deposit account from which you have authorized us in writing, electronically or orally to periodically deduct all or a part of an amount you owe us under this Agreement is returned unpaid. We will charge you this fee the first time any payment is returned unpaid, even if it is paid upon resubmission. Returned Discover Card Check Fee. We will charge you a Returned Discover Card Check Fee of $35 each time we decline to honor a Discover Card cash advance check, balance transfer check, promotional purchase check, or other promotional check. Pay-By-Phone. We may from time to time allow you to make payments by authorizing us over the telephone to transfer or pay funds from a deposit account to your Account. We will mat charge you a Pay-By-Phone Fee. Research Fee. We may charge you a Research Fee of $5 for each copy of a billing statement or sales slip that you request However, we will not charge a fee if you request copies in connection with a billing error. DEFAULT AND CANCELLATION types of Default. You are in default If you become insolvent; if you file a bankruptcy petition or have one filed against you; if we have a reasonable belief that you are unable or unwilling to repay your obligations to us; if you are declared incompetent by a court or if a court appoints a guardian far you or a conservator for your assets; if you die; if you fail to comply with the terms of this Aggreement, including failing to make a required payment when due, exceeding your Account credit line or using your Card or Account for a Prohibited Transaction; or if you fail to make a required payment when due on any other account you have with us. Consequences of Default. If you are in default we may declare the entire balance of your Account immediately due and payable without notice. If we refer the collection of your Account to an attorney or employ an attorney to represent us-withtegard-to-recovery of money-that you-owe a%-we-may charge you reasonable attorney fees and court or other collection costs as permitted by law and as actually incurred by us, including fees and costs in connection with any appeal. We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them. Cancellation. You may cancel your Account by notifying us in writing or by telephone and returning or destroying every Card and unused check that we have provided you. You can notify us by telephoning 1.800-DISCOVER (1.800-347-2683), or by writing Discover, PO Box 30943, Salt Lake City, UT 84130-0943. Of course, you will still be responsible to pay any amount you owe us according to the terms of this Agreement If your Account is a joint Account, either Cardmember may cancel the Account, but you will both remain responsible to pay any amount owed to us according to the terms of this Agreement. We may cancel or suspend your Account at any time without notice. We may choose not to renew your Account (beyond the expiration date shown on the face of a Card) without notice. You must return any Card or unused checks to us upon request. -9- 10DDM0_0280K_ I-22AG0210_01361_reader. Indd 11-12 12115/09 1:36:42 PM PRIVACY AND OUR COMMUNICATIONS WITH YOU Our Privacy Policy. We may from time to time review your credit, employment and income records. We respect the privacy of information about you and your Account Our Privacy Policy includes a summary of the personal information we collect, when it may be shared with others, how we safeguard the confidentiality and security of information and the steps you may take to limit our sharing of such information with others. Please read it carefully as it is part of your Cardmember Agreement Reporting to Credit Reporting Agencies. As indicated in our Privacy Policy, we may report to credit reporting agencies and other creditors the status and payment history of yourAaount, including negative credit information. Late payments, missed payments or other default on your Account may be reflected in your credit report. We normally report to such credit reporting agencies each month. If you believe that our report of your Account status is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, Wilmington, DE 19850-5316. Please include your name, address, home telephone number and Account number. Our Communications with You. You agree that our personnel may listen to or record telephone calls between you and our representatives without additional notice to you, including but not limited to calls we make to collect debts. We may use any medium permitted by law, including but not limited to mail, live telephone calls, automated telephone equipment, prerecorded telephone calls, e-mail and calls to your ce ll phone to contact you about your Account or to 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, you must either telephone us at 1.800-DISCOVER (1-B00.347-2683) or write to us at Discover, PO Box 30961, Sal Lake City, UT 30961-0961. Releasing Information About Your Account We provide various methods by which you can obtain information 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 Polity or as required by law. Our security measures cannot insure against unauthorized inquiries. You agree that we will not be responsible for the release of information to anyone who, even if 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, Account number or social security number. Electronic-Nadcas-to-You. We-may-offer you the-opportunity-to-receive certain notices from us electronically rather than through the mail, including monthly billing statements and change of terms notices. The terms and conditions for receiving these electronic communications will be described in the offer. Notices - Changes to Your information. If you change your e-mail address, mailing address or telephone number you must notify us of your new address or telephone number within 15 days. You can notify us by telephoning 1410DISCOVER (1-800.347-2683) or by writing Discover, PO Box 30943, Sal Lake City, UT 84130-0943. If your Account is a joint Account, any notice we mail to an address you have provided for the Account will serve as notice to both Cardmembers. CLAIMS AND DISPUTES Merchant Disputes. We are not responsible for the refusal of anyone to accept or honor a Card or to accept checks that we have provided you. If a merchant fails to provide your purchase to your satisfaction and you -10- request a credit to your Account, we will investigate the dispute. If we resolve the dispute in your favor, we will issue a credit to your Account and you will be deemed to have assigned to us your claim against the merchant and/or any third party for the credited amount. Upon our request, you agree to provide us with written evidence of such assignment Claim Nodces. In the event that you or we have a claim that arises from or relates to your Account, any prior account you had with us, your application, the relationships which result from your Account or the enforceability of the Agreement or any prior agreement, before initiating, joining or participating in any judicial or arbitration proceeding, as either an individual litigant or member of a lass ('Proceeding'), the complaining party shall give the other party: (1) a written notice of the claim ('Claim Notice"), at least 15 days before initiating any Proceeding, explaining in reasonable detail the nature of the claim and any supporting facts; and (2) a reasonable good faith opportunity to resolve the claim without the necessity of a Proceeding. This includes any claims involving our parent corporation, subsidiaries, affiliates (including, without limitation, DFS Services LLC), predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities. Any Claim Notice shall be sent to us at Discover, PO Box 3024, New Albany, OH 43054 (or such other address as we shall subsequently provide to you) (the "Claim Notice Address") or to you at your address appearing in our records or, if you are represented by counsel, to your attorney at your attorneys office. Arbitration of Disputes. Agreement to arbitrate. In the event of any past, present or future claim or dispute (whether based upon contract, tort, statute, common law or equity) between you and us arising from or relating to your i Aaount any poor account you have had with us, your ap cat I-, the relationships which result from your Aaount or the en orceability or scope of this arbitration provision, of the Agreement or of any prfor aggreement, you or we may elect to resolve the claim or dispute by binding arbitr ation. IF EITHER YOII OR WE ELECT ARBTRATION, NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WITH RESPECT TO OTHER ACCOUNTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY ("Class Action Waiver"). Notwithstanding anything else to the contrary in this arbitration provision, only a court, andd not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if aliparties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision. We will not invoke our right to arbitrate an individual claim you bring in small daims court or your state's equivalent court, if any, unless such action is transferred, removed or appealed to a different court Governing Law and Rules. Your Account involves interstate commerce and this provision shall be governed by the Federal Arbitration Act (FAA). The arbitration shall be conducted, at the option of whoever files the arbitration claim, by either the American Arbitration Association (AAA) or JAMS in accordance with their procedures in effect when the claim is filed. For a copy of their procedures, to file a claim or for other information, contact AAA at 335 Madison Ave., Floor 10, New York, NY 10017-5905, -11- 10DCMO-02BOK_TL22AGO210_01361_reader. indd 13-14 12/15/09 1:36:42PM www.adr.or, (phone 1-800.778-7879) or JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018, www.jamsadr.com (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 court 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 parties, no arbitration may be administered by any administrator or arbitrated by any arbitrator that has any formal or informal policy, rule or procedure thhat is inconsistent with or purports to override the terms of this section. If we elect to resolve a claim or dispute by binding arbitration and the arbitrator issues an award in your favor on a claim or claims with respect to which you would not otherwise be entitled to recover your arbitration filing, administrative and hearing fees, reasonable attorneys' fees and/or other arbitration costs, we will be responsible for paying or reimbursing such costs and fees if awarded by the arbitrator. Fees and Costs. At your written request we will advance any arbitration filing, administrative and hearing fees which you would be required to pay to pursue a claim or dispute as a result of our electing to arbitrate that claim or dispute. Send re ,guests to Discover, PO Box 30421, Salt Lake City, UT 84130-0421. The arbitrator will decide who will ultimately be responsible for paying those fees. You will only be responsible for paying or reimbursing our arbitration filing, administrative or hearing fees to the extent you would have been responsible for paying "attomeys' fees and court or other collection costs" had the action proceeded in court In no event will you be required to pay anyy fees or costs incurred by us in connection with an arbitration proceeding where such a payment or reimbursement is prohibited by applicable law. Hearings and Decisions. Any arbitration hearing will take place in the federal judicial district where you reside. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and shall be authorized to award all remedies permitted by the substantive laws that would apply if the action were pending in court. If requested by any party, the arbitrator shall write an opinion containing the reasons for the award. The arbitrator's decision will be final and binding except for any appeal rights under the FAA and except that if the amoun in convover exceeds'S100,000;-a y pa may- appeal the award within 30 days to a three-arbitrator panel, which shall review the award de novo. Unless applicable law provides otherwise, the appealing panty 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 any court having jurisdiction. Other Beneficiaries of this Provision. Our rights and obligations under this arbitration provision shall inure to the benefit of and be binding upon our parent corporations, subsidiaries, affiliates (including, without limitation, DFS Services LLC), predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities, and will also inure to the benefit of any third party named as a co-defendant with us or with any of the foregoing in a claim which is subject to this arbitration provision. Your rights and obligations under this arbitration provision shall inure to the -12- benefit of and be binding upon all persons contractually liable under this Agreement and all Authorized Users of the Account. Survival of this Provision. This arbitration provision shall survive termination of your Account as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, any bankruptcy y you and any sale by us of your Account. Right to Reject Arbitration. You may reject the Arbitration of Disputes section by providing us a notice of re??'eecc dI within 30 days after receiving a Card, at the following address. Dfscover, PO Box 30938, Salt Lake City, UT 84130-0938. If you were previously subject to arbitration with respect to any account with us, this right to reject arbitration will not apply to you. Your rejection notice must include your name, address, telephone number, Account number and signature and must not be sent with any other correspondence. Calling us to indicate that you reject the Arbitration of Disputes section or sending a 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 you directly and not through a third party. Rejection of arbitration 11i not affect your other rights or responsibilities under this Agreement or your obligation to arbitrate disputes under any other account as to which you and we have agreed to arbitrate disputes. N you do not send a rejecti on notice, you will be obligated by the Arbitration of Disputes section with respell to this and any Prior account you have had with us, even if you have previously sent a rejection notice with respect to that prior account. LEGAL INTERPRETATION OF THIS AGREEMENT Severabllity. If any part of this Agreement becomes unenforceable, it will not make any other part unenforceable, except that it the Class Action Waiver set forth above in the Arbitration of Disputes section is invalidated in any proceeding in which you and we are involved, then the Arbitration of Disputes section will be void with respect to that proceeding. Compliance with Interest Rate Limitations. We intend that this Agreement will comply with applicable interest rate limitations. You will not be required to pay Finance Charges or other charges at a rate that is greater than the maximum amount permitted by law. If it is ever finally determined that, but for this section, the Finance Charges or other charges under this Agreement would exceed the maximum lawful amount, the Finance Charges and other charges will be reduced to the maximum lawful amount. Any excess amount that you have already paid will be used to reduce the outstanding-balance-of-your-Account or will-be refunded-to you by means of a check in our discretion. Governing Law. This Agreement and any claim or dispute arising out of this Agreement will be governed by applicable federal law and, to the extent state law applies, Delaware law. ASSIGNMENT OF ACCOUNT We may sell, assign or transfer your Account or any portion thereof without notice to you. You may not sell, assignor transfer your Account without first obtaining our prior written consent. PRIVACY POLICY We are required by federal law to provide you with a copy of our Privacy Policy each year. If you have previously notified us about your privacy preferences, as described in Section 4, it is not necessary to do so again unless you decide to change your preferences. -13- 10DCM0_02DOK_TL22AG0210_01361_reader.indd 15-16 12/15/09 1:36:43 PM We Respect Your Privacy Our mission is to provide you with superior products and services, along with the peace of mind knowing that the security of your personal information is our top priority We understand your concerns about guarding information about you and your Account We want to assure you that we have taken steps, and will continue to take steps, to safeguard that information. This Privacy Policy describes our efforts to meet these objectives. It includes a summary of the following important information: • A listing of the personal information we collect; • The circumstances in which we may share information with others; • The ways we safeguard the confidentiality and security of information; and The steps you may take to limit our sharing of such information with others. See section 4 for complete details. Please read our Privacy Policy carefully. It will help you understand how we collect and share information. 1. What Personal Information Do We Collect? To serve you better and manage our business, it is important that we collect and maintain accurate personal information about you. We obtain this information from applications 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 from applications and other forms you submit to us. • We may obtain information such as Account balances, payment history, your use of your Account and the types of services you prefer from your transactions and other dealings with us and others. * We may obtain information such as the balances of your loans with other lenders and your payment history with others from consumer reporting agencies. • We may obtain information such as your Internet service provider, your e-mail address, your computer's operating system and Web browser, your Web site use and your product and service preferences from your visits to Web sites. 2.k Personal Information Shared with Others? We limit the sharing of information with others. Many of the offers you receive for products and services are provided directly to you from us. For example, miler t}-iat accepts the- iscoverf-Cafd may tome 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 Cardmembers with the retailer. However, please understand that if you do receive this type of offer from us and choose to take advantage of it, the retailer may then learn information about you because only Cardmembers with certain characteristics received the offer. There are, however, circumstances in which we may share the information we collect about you, as described in Section 1, with other companies in order to provide you with access to products and services and to service your Account effectively, as detailed below. We require these companies to adhere to our privacy standards and to use this information only for the -14- limited purpose for which it was shared. We do not allow them to disclose it to others without our prior approval. a. Sharing Personal Information with Our Corporate Family Our corporate famil offers a variety of products and services that can help you manage your finances. In order to provide you with access to these products and services, we may share the information we collect about you, as described in Section 1, with other members of our corporate family. These companies include financial service providers that offer credit protection, card servicing and payment processing services. b. Sharing Personal Information with Non-Affiliated Parties for Marketing Purposes We may share the information we collect about you, as described in Section 1, with non-affiliated third parties, including those that accept the Discover Card, in order to provide you with access to products and services offered directly by these companies that may be of value to you. These companies include financial service providers, such as insurance companies, and non- financial companies, such as retailers. c. Sharing Personal information with Others We may share the information we collect about you, as described in Section 1, with companies that perform su?ort or marketing services on our behalf, such as mailing, market research and data processing; other financial institutions with which we have Point marketing agreements; or companies that are our partners for co-bra ii credit card programs or reward programs. We may also share such information as permitted by law. 3. How Do We Protect the Confiderdlality, Security and Integrity of Information about You? We maintain physical, electronic and procedural safeguards to protect the information we collect about you. Access to such information is restricted to individuals who need it in order to service your Account or provide products and services to you, and who are trained in the proper handling of such Information. Employees who violate these confidentiality requirements are subject to our disciplinary process. Where third parties provide support services, we require them to conform to our privacy standards. it is important that the information we maintain about you is accurate and complete. If you see information in your monthly billing statements or elsewhere which suggests that our information is incomplete or inaccurate, please write to us at Discover, PO Box 30943, Salt Lake City, UT 841300943 so that we can update this information. 4. Haw Cm You UffiitSharing If Information About You? We respect your privacy and offer you choices as to whether we may share information about you with others. You have the option to tell us not to share the information we collet about you, as described in Section 1, with non- affiliated third parties. You also have the option to tell us not to share the information we collect about you, as described in Section 1, with companies in our corporate family. If you indicate a preference for either of these options, please understand that you may not receive offers for products and services provided by other companies that could help you lower your costs, maximize your financial resources, or manage your finances. To indicate your preferences, please call us at 1-800225.5202 or write to Discover, PO Box 30961, Salt Lake City, UT 84130-0961. If you have previously notified us about your privacy preferences, it is not necessary to do so again unless you decide to change your preferences. Your written request should include your name, address, telephone number and Account number(s) and should not be sent with any other correspondence. In order -15- 10DCM0_02BOK_TL22AG0210_01361_reader. indd 17-18 12/15/09 1:36:43 PM to process your request, we require that the request be provided by you direLtl, and not through a third party. You will need to provide us with your preferences for each credit card account you have with us. You may notify us about your preferences at any time. Your request will remain in effect until you notify us otherwise. We will honor your request and not share this information except as permitted by law. For example, federal law permits us to share information about you with consumer reporting agencies, service providers and financial institutions with which we have joint marketing agreements. If you are a new Cardmember, we will not share any information about you, except as permitted by law, for thirty days after we provide this Policy to you in order to give you an oppportunity to inform us about your preferences. If you are an existing Cardmember, please understand that you may continue to receive marketing offers directly from other companies that were already in production prior to the processing of your request. This Privacy Policy is provided to the primary Cardmember listed on the Account. However, any joint Cardmember has the right to notify us about preferences and we will treat that request as applying to the entire Account We do not share information about former customers, except as permitted by law. This notification supersedes all previously issued Privacy Policies. We reserve the right to amend this Privacy Policy from time to time and we will notify you if we do so. This Privacy Policy is provided to you by Discover Bank and its subsidiaries, which currently include GTC Insurance Agency, Inc and Discover Products Inc Unless otherwise specified, it applies to the family of Discover Cards for consumers and the products and services offered in connection with those Cards, including the Wallet Protection card registration service (with the exc on of any information registered in connection with the service, whi will not be shared). It is part of your Cardmember Agreement and provides a further explanation of how we tolled and share information. You may have other rights under state laws that apply to this information. Please note that you will also receive privacy notices for other credit card accounts you have with us, as well as other financial products and services provided to you by us and our affiliates. You will need to indicate your preferences for each of these separately as disclosed in the notice. Vermont Residents - Your state law requires financial institutions to obtain your consent prior to sharing information about you with others. Except as permitted bylaw, we will not share information we collect about you with non-affiliated third parties or companies in our corporate family unless you call us ate' -Bb?DiS 0M6347-2683) and authorize us to do so. California Residents-Your state law requires financial institutions to obtain your consent prior to sharing information about you with nonaffiliated third parties. Except as permitted by law, we will not share information we tolled about you with non-affiliated third parties while you are a resident of California. Your Billing Rights KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. 1. Notify Us in Can of Errors or Questions About Your Bill If you think your bill is wrong or if you need more information about a transaction on your bill, write us on a separate sheet of paper at the address listed on your bill for Notice of Billing Errors. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill -16- on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • your name and Account number. • your dollar amount of the suspected error, • describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. 2. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges and we can apply any unpaid amount against your Account credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to anyy questioned amount. If we didn't make a mistake, you may have to paythe finance charges, and you will haveto make up any missed payments on the questioned amount In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we cant collect the first $50 of the questioned amount, even if your bill was correct. 3. Special Rule for Credit Card Purchases If you have a problem with the quality of goods or services that you purchased with a ee-dit card; and you tried in ood faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the goods or services. There are two limitations on this right: (a) you must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address, and (b) the purchase price must have been more than $50. These limitations do not apply R we own or operate the merchant or if we mailed you the advertisement for the goods or services. A Purchases Made with Checks or Cash Advances The Special Rule for Credit Card Purchases does not apply to purchases made with a balance transfer check, cash advance or promotional purchase check. Therefore, if you have a problem with the quality of goods or services that you purchased with a balance transfer check, promotional purchase check, cash advance check or the proceeds of a cash advance, you do not have the right to withhold payment of the amount due. -17_ 10DCM0_02BOK_TL22AG0210_01361_readecindd 19.20 12115/09 1:36:43 PM DESCRIPTION OF COVERAGE SCHEDULED AIR TRAVEL ACCIDENT INSURANCE DiscoverO Cardmembers are provided with $500,000 Scheduled Air 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 automatically insured against Accidental Loss of Life arising from and occurring on a Covered Tnp while you, your Spouse, Domestic Partner or eligible Dependent Children for whom a ticket was purchased on your Card are riding as a passenger in or entering, exiting or being struck by a Scheduled Aircraft or a conveyance operated by a military transport service or riding as a passenger in or entering or exiting any conveyance licensed to carrythe public for a fee and while traveling directly to or from the airport immediately precedin the departure of a Scheduled Aircraft on which the Insured Person has purchased passage and immediately following the arrival of a Schedule Aircraft on which the Insured Person was a passenger. *Coverage is underwritten by Federal Insurance Company, a member insurer of the Chubb Group of Insurance Companies. Certain limitations and exclusions apply. PLAN FEATURES THE BENEFITS: The full Benefit Amount ($500,000) is payable for Accidental Loss of Life. The Loss must occur within one year of the Accident. MAXIMUM 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 Account arising from any one Accident, the Company's liability for all such Losses will be limited to a maximum limit of insurance equal to two times the applicable Benefit Amount for Loss of Life. Benefits will be Proportionately divided among the Insured Persons up to the maximum unit of insurance. DEFINITIONS: Accident or Accidental means a sudden, unforeseen and unexpected event happening by chance, and includes unavoidable exposure to elements arising from a covered Hazard. -meens bodily injury which-is Accidental, is the direct source of a Loss, is independent of disease, illness or other cause and occurs while this policy is in force. Accou means a Card account. Benefit Amount means the Loss amount at the time the entire cost of the passenger fare is charged to an Account. C& means the Discover Card, Cardimembe means the holder of the Card whose name appears on the credit card. QUaDX means the Federal Insurance Company. Covered Trip means travel on a Scheduled Aircraft when the entire cost of the passenger fare for such transportation, less redeemable certificates, vouchers or coupons, has been charged to the Insured Person's Account. Q?ndent Cihild or Children means those children, including adopted children and those children placed for adoption, who are primarily dependent upon the Insured Person for maintenance and support and who -18- 10DCM0_02BOK_TL22AG0210_01361_reader.indd 21-22 are: (1) under the age of 19 and reside with the Insured Person; (2) beyond the age of 19, permanently mentally or physically challenged and incapable of self support; or (3) under the age of 25 and classified as full-time students at an institution of higher learning. Domestic Partner means a person who: (1) is at least 18 years of age and competent to enter into a contras (2) is not related to the Insured Person by blood; (3) has exclusively lived with the Insured Person for at least one year prior to the date of enrollment; (4) is not legally married or separated; and (5) as of the date of enrollment, has with the Insured Person at least two of the following financial arrangements: (a) a joint mortgage or lease; (b) a joint bank account; (c) joint title to or ownership of a motor vehicle or status as a joint lessee on a motor vehicle lease; or (d) a joint credit card account with a financial institution. Neither the Insured Person nor the Domestic Partner can be married to, nor in a civil union with, anyone else. H zMt means the covered circumstances for which this insurance is provided as stated in Section III of the Declarations, Hazards, and described in the Hazards form, as described on page 1 of this Description of Coverage. Insured Person means all Cardmembers, their spouses, Domestic Partners and Dependent Children, as well as authorized users of the Account. I= means the Loss of Life. Loss of IJ means death, including clinical death determined by the local governing medical authorities. PICVhalder means DFS Services LLC, the entity responsible for the payment of premium. Scheduled Aircraft means an aircraft owned and/or operated by a Scheduled Airline. Sdiieduto Aldine means an airline which is either of United States registry and certified by the United States government to carry passengers on a regularly scheduled basis or of foreign register and approved by the United States government and the appropriate foreign authority. MW means hostilities following a declaration of War by a government authority. If there is no declaration of War, then (1) armed, open and continuous hostilities between two countries or (2) armed, open and continuous hostilities between two factions, each in control of territory, or claiming jurisdiction over the site of the area of hostility. DISAPPEARANCE BENEFITS: If the Insured Person has not been found within onear ofXhe-disappearance,-stranding sinking wrecking or.breakdown of any Scheduled Aircraft or conveyance in which the Insured Person was covered as an occupant, it will be assumed, subject to all other terms of the policy, that the Insured Person has suffered Loss of Life covered under this policy. EXPOSURE BENEFITS: Accident includes unavoidable exposure to elements arising from a covered Hazard. ELIGIBILITY. This insurance plan is provided to Insured Persons automatically when the entire cost of the passenger fare(s) on a Scheduled Airline is charged to the Cardmember's Account while the insurance is effective. It is not necessary for you to notify the Policyholder or the Company when Scheduled Airline tickets are purchased. EFFECTIVE DATES: Your insurance under this insurance plan is effective on the later of. 1) April 1, 2007; or 2) the date you become an eligible Cardmember. Your insurance coverage under this insurance plan will cease on the earlier of: (1) the date the insurance coverage is terminated; or (2) the date you cease to be an eligible Cardmember. -19- 12/15/09 1:36:44 PM COST: This insurance plan is provided at no additional cost to eligible Insured Persons for Covered Trips. Policyholder pays the full cost of the insurance. THE BENEFICIARY: The Loss of Life benefit will be paid to the beneficiary designated ??yy you. If no such designation has been made, that benefit will be paid to the fiat surviving beneficiary in the following order: a) your spouse; b) your children; c) your parents d) your brothers and sisters, e) your estate. All other indemnities will be paid to you. If you wish to change your beneficiary, you may request a beneficiary designation form by writing to the plan administrator at: The Direct Marketing Group, Inc., 132265 Bedford Avenue, Omaha, NE 68164 or at Beneficiaryrequest@TheOirectMG.com. EXCLUSIONS: This insurance plan does not cover Lou resulting from: (1) an Accident occurring while an Insured Person is in, entering, or exiting any aircraft owned, leased or operated by this Policyholder or any aircraft owned, leased or operated by an employee of the Policyholder on behalf of the Policyholder (this exclusion does not apply to aircraft chartered with pilot or crew on one time charter basis), (2) an accident while an Insured Person is in, entering, or exiting any aircraft while acting or training as a pilot or crew member (this exclusion does not apply to passengers who temporarily perform pilot or crewfunctions in a Iifethreatening emergency); (3) emotional trauma, mental or physical illness, disease, pregnancy, childbirth or miscarriage, bacterial or viral infection, or bodily malfunctions (except bacterial infection caused by an Accident or from Accidental consumption of a substance contaminated by bacteria); (4) suicide, attempted suicide or Loss that is intentionally self-inflicted; or (5) declared or undeclared War. CLAIM NOTICE: Written claim notice must be given to the Company within 90 days after the occurrence of any Loss covered by this policy or as soon as reasonably possible. Failure to give notice within 90 days will not invalidate or reduce any otherwise valid claim if notice is given as soon as reasonably possible. CLAIM FORMS: When the Company receives notice of a claim, the Company will send you forms for giving proof of Loss to us within 15 days. If you do not receive the forms, you should send the Company a written description of the Loss. CLAIM PROOF OF LOSS: Complete proof of Loss must be given to Company within 90 days after the date of Loss, or as soon as reasonably possible. Failure to give complete proof of Loss within these time frames will-notinvalidate-any otherwise-valid-claim-if-notice is given as soon-as- reasonably possible and in no event later than one year after the deadline to submit complete proof of Loss. CLAIM PAYMENT: The Company will pay you or your beneficiary the applicable Benefit Amount within 60 days after complete proof of Loss is received and if you, the Policyholder and/or the beneficiary have complied with all the terms of the policy. ARBITRATION: In the event of a dispute under this policy, either the Company or the Insured Person may make a written demand for arbitration. In that case, the Company and the Insured Person will each select an arbitrator. The two arbitrators will select a third. If they cannot agree within 15 days, either the Company or the Insured Person may request that the choice of arbitrator be submitted to the American Arbitration Association. The arbitration will be held in the state of the Insured Person's principal residence. IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE -20- CLAIMS SERVICE CENTER AT 1-SWCLAIMS-0 (1.800.252.4670). You can also go to the Company Web site (www.chubb.com), click on Report a Loss, select Accident, Benefits and Life claims, select the :p propriate form, print out the claim form, fill out and mail. You can file claim by mail or fax. Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES CLAIMS SERVICE CENTER 600 INDEPENDENCE PARKWAY PO BOX 4700 CHESAPEAKE, VA 233274700 Fax Number. 1-800.300-2538 As a handy reference guide, please read this and keep it in a safe place with your other insurance documents. This description of coverage is not a contract of insurance but is a summar?y of the principal provisions of the insurance while in effect Complete policy provisions are contained in the Master Policy, which can be obtained from the Policyholder: Policy #9906-18-06 Policy Underwritten By Plan Administrator Federal Insurance Company The Direct Marketing Group, Inc. a member insurer of the 13265 Bedford Avenue Chubb Group of Insurance Companies Omaha, NE 68164 15 Mountain View Road, PO Box 1615 Warren, NJ 07061-1651 DESCRIPTION OF COVERAGE SECONDARY RENTAL CAR COLLISION COVERAGE Discover@ Cardmembers can benefit from the security and safety offered through Excess Collision Damage Waiver. H you rent a vehicle for 31 consecutive days or less (or 45 days under certain circumstances described below) with your Card (as defined below), you may be eligible for benefits under this coverage. Excess Collision Damage Waiver is an insurance program, underwritten by Federal Insurance Company Policy #9906.17.63 (the "Policy"). DEFINITIONS: Accoun means a Card account. Actual Cash Value means the cost to repair or replace the Rented Automobile at the time of loss, less depreciation. Cwtimember means the holder of the Card whose name appears on the cre it card. CQrd means the Discover Card. CoNon Damage means the direct and accidental damage to a Rented Automobile caused by upset or collision with another object. Collision Damage does not include loss caused by missiles, falling ob'ects, fire, theft or larceny, explosion, earthquake, windstorm, hail, water, tod, malicious mischief or vandalism, riot or civil commotion. ComRHDy means the Federal Insurance Company. ingnd means Cardmembers and authorized users of the Account. Poliq?alder means DFS Services LLC, the entity responsible for the payment of premium. Rental Agencv means a commercial automobile rental company licensed under the laws of the applicable jurisdiction. Rented Automobile means a four-wheeled private passenger type motor vehicle or a minivan manufactured and designed to transport a maximum of seven passengers and used excursively to carry passengers. A Rented -21- 10DCM0_02BOK_TL22AG0210_01361_reader.indd 23.24 12/15/09 1:36:44 PM Automobile must be designed for travel on public roads and rented from Rental Agency. TO GET COVERAGE: • The Collision Damage Waiver Coverage is provided to you, as an Insured, automatically when the entire rental fee for the Rented Automobile is charged or debited to your Account. It is not necessary for you to notify the Company at the time the rental fee is charged or debited to your Account • You must decline the LosslDamage Waiver offered by the vehicle Rental Agency. • You must rent the vehicle in your own name and sign the vehicle rental agreemenUcontract. • The coverage period will not exceed 31 consecutive days, or 45 consecutive days if the Insured is an employee of an organization which has provided a Card to the Insured for business use. THE KIND OF COVERAGE YOU RECEIVE: In consideration of the premium paid by the Policyholder as required, and subject to all the terms of the Policy the Company agrees to reimburse on an Actual Cash Value basis either the Insured or the Rental Agency for repair or replacement of the Rented Automobile as a result of Collision Damage to the Rented Automobile. The Company's liabil?'ty will be for a maximum reimbursement of $25,000, Ir no event willthe Company be liable beyond the amounts actually paid by the Insured or the Rental Agency. • If you or an Insured's primary vehicle insurance or other coverage has made payments for a covered loss, Excess Collision Damage Waiver will cover your deductible and any other eligible amounts not covered by other insurance. • This coverage is not all-inclusive, which means it does not cover such things as personal injury or personal liability. It does not cover you for any damages to other vehdes or property. It does not cover you for any injury to any party. WHO IS COVERED: • Discover Cardmembers EXCLUDED RENTAL VEHICLES: Off-road, antique or limited edition motor vehicles; trucks; recreational vehicles, campers, pickup trucks, and mini-buses; limited edition motor vehicles or high value, exotic, high performance or collector type. High value motor vehicles are motor vehicles whose replacement value exceeds 550,000,. aricTaiitique motor vihicTes are kk ineedai airy veFide over 25 years old, or any vehicle 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 IS )y,Qi COVERED: Coverage does not apply to loss resulting from the following: • Any dishonest, fraudulent or criminal act of the Insured. • Forgery by the Insured. • Loss due to war or confiscation by authorities. • Loss due to nuclear reaction or radioactive contamination. • The Insured being intoxicated, as defined by the laws of the jurisdiction where the loss occurred, or under the influence of any narcotic unless prescribed by a physician. • Use of the Rented Automobile to carry passengers and property for hire. 22 - • Use of the Rented Automobile by a person other than the one authorized to operate the Rented Automobile by the terms of the Rental Agreement. • Loss of use of the Rented Automobile. • Intentional damage to the Rented Automobile by the Insured. • Damage which is due and confined to wear and tear, freezing, mechanical or electrical breakdown or failure. • Damage to tires unless the loss is coincident with a covered loss. • Use of the Rented Automobile in tests, races or contests. • The Rented Automobile being operated or located in any territory prohibited by the terms of the Rental Agreement. FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS: To the extent that this plan provides insurance against damage to a rented motor vehicle, the following terms and conditions a ply. (1) the period of insurance coverage will not exceed 31 consecutive days, or 45 consecutive days if the Insured is an employee of an organization which has provided the Card to the Insured for business use; and (2) the insurance provided by this plan will be excess over any other valid and collectible insurance cover- ing the Rented Automobile. However, the insurance provided under this plan may be rimary if specifically provided for under the terms of this plan and if the following criteria is met: (a) the Rented Automobile is rented for use outside the United States, its territories and possessions; (b) the Insured is an employee of an organization which has provided the Card to the Insured for business use, and (c) the Rented Automobile is rented without a driver. HOW TO FILE A CLAIM UNDER EXCESS COLLISION DAMAGE WAIVER. In the event of a claim, written or verbal notice must be provided as soon as reasonably possible. IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CLAIMS SERVICE CENTER AT 1.800-CLAIMS-0 (14800-252-4670). You can also go to the Company Web site (www.chubb com), dick on Report a Loss, select Accident, Benefits and Life claims, select the appropriate form, print out the claim forth, fill out and mail. You can file a claim by mail or fax Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES CLAIMS SERVICE CENTER 600 INDEPENDENCE PARKWAY PO BOX 4700 CHESAPEAKE, VA 233274700 Fax Number. 1.800.300.2538 CLAIM PROCEDURE: The Insured must send the Company written notice of a claim, including the Insured's name and Policy number, within 90 days after a covered loss occurs. If notice cannot be given within that time, it must be given as soon as reasonably possible. To file a sworn Proof of Loss, the Insured must send the following information to the Company or its authorized representative: • A copy of the Account statement showing the automobile rental transaction. • A copy of the automobile rental agreement • A copy of the police report • A copy of the initial claim report submitted to the automobile Rental Agency. • A copy of the paid claim presented by the automobile Rental Agency for the Collision Damage for which the Insured is responsible. -23- 10DCM0_02BOK_TL22AG0210_01361_reader.indd 25.26 12/15109 1:36:44 PM Proof of submission of the loss to, and the results of any settlement or denial by the applicable insurance carrier(s). If no other insurance is applicable, a notarized statement from the Insured to that effect. Reminder. Please refer to the Insurance Disclosures section. INSURANCE DISCLOSURES As a handy reference guide, please read this document and keep it in a safe place with your other insurance documents. This Summary of Coverage is not a contract of insurance but is simply an informative statement to eligible Insureds of the principal provisions of the insurance while in effect . Complete provisions pertaining to this plan of insurance are contained in the master policy on file with DFS Services LLC, herein referred to as the Policyholder. If a statement in this Summary of Coverage and any provision in the policy differ, the policy will govern. Policy Underwritten By Plan Administrator Federal Insurance Compa?ry ("Company") The Direct Marketing Group, Inc. a member oft he 13265 Bedford Avenue Chubb Group of Insurance Companies Omaha, NE 68164 15 Mountain View Road, PO Box 1615 Warren, NJ 07061-1651 Master Policy Number: 9906.17-63 Effective date of benefits: Effective April 1, 2007, this guide replaces all prior disclosures, program descriptions, advertising, and/or brochures by any party. Policyholder and Company reserve the right to change the benefits and features of these programs at anytime. Cancellation: Policyholder can cancel these benefits at any time or choose not to renew the insurance coverage for all authorized Cardmembers. If Policyholder does cancel these benefits, you will be notified at least 60 days in advance. If the Company terminates, cancels, or chooses not to renew the coverage to Policyholder, you will be notified as soon as is practicable, Insurance benefits will still apply for any benefits you were eligible for prior to the date of such terminations, cancellation, or non-renewal, subject to the terms and conditions of coverage. Benefits to you: These benefits apply only to Cardmembers whose cards are issued by U.S. financial institutions. The United States is defined as the 50 United SStates, the District of Columbia, American Samoa, Puerto Rico, Guam and the U.S. Virgin Islands. No person or entiy other than the Caar member sha 1-h-M any ega or equda Te right remedy or claim for insurance proceeds and/or damages under or arising out of this coverage. These benefits do not ap ly if your Card rivileges have been cancelled. However, insurance benefits will still apply for any benefit you were eligible for prior to the date that your Account is suspended or cancelled subject to the terms and conditions of coverage of your Cardmember Agreement. Transfer of rights or benefits: No rights or benefits provided under these insurance benefits may be assigned without the prior written consent of the Company. Misrepresentation and Fraud: Coverage of the Insured will be void if, at any time, the Insured has concealed or misrepresented any material fact or circumstance concerning this coverage or the subject thereof or the interest of the Insured herein, or in case of any fraud or false swearing by the Insured relating thereto. Coverage for an Insured will be void if, whether before or after a loss, the Policyholder or its subscribing organization(s) has concealed or -24- misrepresented any material fact or circumstance conceming 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 persons will be automatically insured under this Policy. Examination Under Oath: It is a condition of this insurance that the Insured and the Policyholder, as often as may be reasonably required by the Company, will submit, and within its power cause others to submit, to examinations under oath and will produce for examination all writings, books of account, bills, invoices and other vouchers, or certified copies thereof if originals are lost, at such reasonable time and place as may be designated by the Company or its representative, and will permit extracts and copies thereof to be made. No such examination under oath, examination of documenrts or Or represe any other act of the Company, its employees ntatives ct in conneion Huth the investigation of anyy loss or claim will be deemed a waiver of any defense and such ads shall be deemed to have been made or done without prejudice to the Company's liability. No Benefit to Others: This coverage will in no way inure directly or indirectly to the benefit of any insurer, person or organization or other bailee. Subrogation: it is a condition of this insurance that if the Company pays the Insured for a loss, it will require the Insured to assign and transfer any claim or right of action against any individual, firm or corporation for such loss to the Company or subrogate or hold in trust all such rights to the extent of the amount paid. The insured will agree to take action as requested by the Company to enforce such rights. Upon payment by the Company to the Insured, the Insured agrees to direct enforcement of such rights as reasonably requested by the Company and to return to the Company any recovery to the extent payment of loss has been made by the Company. Arbitration: In the event of a dispute under this policy, either the Company or the Insured may make a written demand for arbitration. In that case, the Company and the Insured will each select an arbitrator. The two arbitrators will select a third. if they cannot agree within 15 days, either the Company or the Insured may request that the choice of arbitrator be submitted to the American Arbitration Association. The arbitration will be held in the state of the Insured's principal residence. GLOBAL TRAVELER'S HOTLINE TERMS AND CONDMONS The Global Traveler's Hotline provides Cardmembers and their families a wide range of-free travel assistance benefits. It is operated by AXA Assistance USA, Inc Visit Discovercard.comltravel to learn more. Eligibility. You must be a Cardmember whose Account is in good standing, the Cardmember's spouse or dependent child traveling with the Cardmember or an Authorized User of an Account in good standing. Third-Party Charges. Global Traveler's Hotline is not insurance, so you will be responsible for all third-pa fees and expenses for services requested, such as professional or medical fees. Availablifty of Services. Certain services may not be available in all areas. Call us at 1-B00-DISCOVER (14800-347-2683) for assistance or if you have questions about a specific destination. Outside the U.S., call us collect at 1-801-902-3100. While AXA Assistance will make every reasonable effort to provide the services, neither AXA Assistance nor Discover Bank or our respective affiliates will be liable if a service is not provided or for any services that are provided by third parties. The services and these terms and conditions are subject to change without notice. -25- IODOMO_02BOK_TL22AGO210_01361_reader.indd 27-28 12/15/09 1:38:44 PM DISCOVER 03 SDSN6A01 0001231 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA New Balance Minimum Payment Due!; $3,097.39 $413.00 Payment Due Date January 1, 2011 17065-2010 Account Number ending in 8109 Enter Amount Enclosed Below Please make check payable to Discover Card. Minimum payment due includes a past due amount of $352.00. Phone and internet payments must be made by 5:00pm ET for some day stin o pa?ierless and make your account information more secure with password- protected statements only you can access. Learn more at discover.comlpaperless. PO BOX 71084 Illrrrllrrrllrlrs•Ilrllrrll CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? Irrlrllrrlfrr?rllfrrlrrlfltlr?lllrfrlfflrrlrrllrr?rrlfrlflrfll Go to www.Discovw.com or print change in space above. Opening Date: November 4, 2010 - Closing Date: De Discover More Card Account Summary Account number ending in 8109 Previous Balance $3,049.32 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 13.07 Fees Charged + 35.00 New Balance 3,097.39 See Interest Charge Calculation section follow ing transactions for detailed APR information Credit Line $3,200.00 Credit Line Available $0.00 Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $0.00 You may be able to avoid Interest Charges, see Additional Important Information for details. Cashback Bonuse Anniversary Month May Opening Cash6ack Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cash6ack Bonus Balance $ 0,00 To learn more, log in of www.Discover.com 3 Easy Ways to Contact Us 1. Access your account securely at www.Discover.com 2. Call 1-800-DISCOVER (1.800-347.2683) Please have your Discover®card available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Carol Stream, IL 60197.6103 For TDD (Telecommunications Device for the Deal) assistance, please call 1-800-347-7449. L__ n ....?... .., ?.v •v t,•.ya 1 VI L Payment Information New Balance $3,097.39 Minimum Payment Due* $413.00 Payment Due Date January 1, 2011 *Includes past due amount of $352.00 Lab Payment Warring: IF we do not receive your minimum payment by the date listed above, you may have to pay a late Fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 20.99% 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: ?t<?twrw ),alfrlita+a n? Q inyll its dliane <;i; ltiGl: m#nt in '"::eiPltrrgled tctul Cf ,. q? atfiN?}1'.;c`r5t# #?31,'` ttl?Att? , I Only the minimum I 13 years $4,303 payment If you would like information about credit counseling services call 1-800-3A7-112 1. Manage Your Account Online at www.Discover.com • Access free online tools like Paydown Planner to create a plan to pay down your balance, securely access statements, pay bills online and easily track all transactions • Make your money worth moraSM-find easy ways to earn and redeem cash rewards • NEWT Access your account securely through your mobile phone Transactions Trans. Post Dab Date Fees Dec 1 Dec 1 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 4.48. INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 8,59 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISCOVER It JOSEPH RUANE ?? DISCOVER Account number ending in 8109 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 30 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE (APR) INTEREST RATE Purchases' 07/23/2010 and after 15.99% V $137.48 $1.81 07/22/2010 and prior 10.99% V $295.87 $2.67 Cash Advances 23.99% $0 $0 Balance Transfers 3.99% $2,622.28 $8.59 V = Variable Rate * Dates apply to non-promotional purchases and to expired promotions with start dates within the specified date range Additional Important Information See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediatelyl Call 1-800.347.2683. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover, PO Box 30421, Salt Lake City, UT 84130-0421. In your letter, give us the following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. Description of Problem: IF you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but IF you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances From an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Salt Lake City, UT 8413 -0945 While we investigate, the some rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payments. Send only your payment and the fop portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. It 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 same day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment may be delayed iF you send cash, correspondence or other items with your payment, if you send the payment to any other address or if you use an envelope other than the one provided. Payments received to proper form at our processing Facility b SPM local time on any dayy will be credited to your Account as of that day. Payments received at our processing Facility after SPM local time will be credited to our Account as of the next day. If you have misplaced your envelope, send your payment to Discover, PO Box 6103 Carol Stream, IL 60 1 9 7-6 1 03. Please allow 7-10 days for delivery . If your payment is returned unpaid, we reserve the rig?t to resubmit it as an electronic debit. You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-800.347.2683. You will need this statement and your bank account information. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. You will be asked to provide the first 5 digits of your account statement ZIP code. y entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize from your bank account, and to initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such pa menf. You must tell us the amount of each payment or you can select an amount such as the Minimum Payment Due or the New Balance on each statement. You can cancel a payment; however we must receive notice at least three business days in advance of the scheduled payment. You may notify us by phone at 1.800-347-2683 or by mail at the address listed in the previous paragraph. If your payments vary in amount, we will tell you on each monthly statement when your payment will be made and how much it will be. Your automatic payment amount may be less than indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit Reporting. We may report information about your Account fo credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. We normally report the status and payment history of your Account to credit reporting agencies each month. If ou believe that our repport is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, VVYmington, DE 1985Q5316. Please indicate your name, address, home telephone number and Account number. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCISVER IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff CIVIL TERM NO. 11-4953 V. JOSEPH P. RUANE CZD Z FrI C i'i? ...._ Defendant ?. i NOTICE TO PLEAD TO: DISCOVER BANK c/o FRANCIS X. GRIMES, Esquire You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgement may be entered against you. Qff'*'?? Joseph . Ruane, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff CIVIL TERM NO. 11-4953 V. JOSEPH P. RUANE Defendant PRELIMINARY OBJECTIONS TO COMPLAINT AND NOW COMES the Defendant, Joseph P. Ruane, who files his Preliminary Objections to the Plaintiff's Complaint, as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of a credit card account issued by Plaintiff. 2. The Defendant was served with the Complaint on or about July 19, 2011. First Preliminary Objection - Pa. R.C.P. 1028(a)(2),(3) - Failure to conform to rule of court, and insufficient specificity. 3. The Complaint contains only a bald assertion of the amount the Plaintiff claims is owed by the Defendant. It provides no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrual and amounts of interest charges and other fees. 4. Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in a complaint of this type. 5. By not including the requisite detail of the account, the Complaint fails to conform to an express rule of Court. WHEREFORE, the Defendant demands that his Preliminary Objections be sustained, and the Plaintiff's Complaint be dismissed. Second Preliminary Objection - Pa. R.C.P. No. 1028(a)(4) - Legal Insufficiency of a Pleading. 6. Plaintiff has pleaded a count in unjust enrichment. 7. Plaintiff has pleaded that an express agreement exists and outlines the parties relationship. 8. An unjust enrichment claim is not actionable where an express agreement fully delineates the parties rights and duties. WHEREFORE, the Defendant requests that his Preliminary Objections be sustained and the Plaintiffs Complaint be dismissed. Respectfully Submitted, DATED: S S?? Jose P. Ruane, Defendant VERIFICATION The statements made in the foregoing Preliminary Objections to Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. a Joseph P. Ruane, Defendant DATE: g??? I CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the 15th day of August, 2011, 1 served a copy of the foregoing Preliminary Objections to Complaint, by first-class mail, postage prepaid, upon the following: FRANCIS X. GRIMES, Esquire Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Plaintiffs Attorney ( 4R ?ane, Defendant f? STOCK & GRIMES, LLP BY: Franc--s X. Grimes, Esquire I.D.#52404 804 West Avenue Jenkintown, PA 19046 (215) 576--1900 DISCOVER BANK 12 Reads Way New Castle, DE 19720 Plaintiff VS. JOSEPH P. RUANE 133 Westgate Drive Mount Holly Springs, PA 17065 Defendant(s) -OFFICE nr ? ? L wl?C+`OAIOTi?R` Attorney forrP? a;i pj 21111 AUG 2 Lo- AM 11: 23 c,UMBERLAND COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 11-4953 Civil Term CERTIFICATION OF SERVICE Francis X. Grimes, Esquire, Attorney for the Plaintiff herein, certifies that on July 14, 2011 he mailed to the Defendant, Joseph P. Ruane, a true and correct copy of the Civil Action Complaint filed herein, as per the attached letter, by posting the same with the United States Post Office, First Class Mail, postage prepaid, to the Defendant at the address designated in the attached rp?Ch?bi?/ DATE: 8/17/11 FRA CIS X. GRIMES, ESQUIRE r July 14, 2011 Mr. Joseph P. Ruane 133 Westgate Drive Mount Holly Springs, PA 17065 Re: Discover Bank vs. Joseph P. Ruane CCP Cumberland County No. 11-4953 Civil Term Dear Mr. Ruane: Enclosed please find a true and correct copy of a Civil Action Complaint, the original of which was filed in regard to this case with the court July 8, 2011. In an effort to amicably resolve this matter, I am authorized to extend the following settlement offers: 1. Payment of $2,400.00 on or before July 24, 2011; or 2. $3,000.00 payable in twelve (12) equal monthly payments of $250.00 per month commencing on or before July 24, 2011; or 3. Payments of $150.00 commencing on or before July 24, 2011 on a Stipulated Judgment in the amount of $3,516.00, with a deferred settlement discount of 30% of the then outstanding balance when you are in a position to settle this matter. Kindly review the above offers and contact my office to discuss an amicable resolution to this matter. Sincerely, FRANCIS X. GRIMES FXG:kd Enclosure THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE Stock & Grimes, LLP By: FRANCIS X. GRIMES, ESQUIRE I.D.# 62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 DISCOVER BANK 12 Reads Way New Castle, DE 19720 VS. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW JOSEPH P. RUANE NO. 11-4953 133 Westgate Drive Mount Holly Springs, PA 17065 AMENDED CIVIL ACTION COMPLAINT ?? -1 +.:_. 7 E -3 > c-) . ? ca YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TONDO BE THE E?DE MAY PROCEED WITHOUT YOU AND A JUDGMENT AGAINST YOU BY THE COURT WITHOUT. FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER- CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 STOCK & GRIMES, LLP BY: FRANCIS X. GRIMES, ESQUIRE I.D. #62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 DISCOVER BANK 12 Reads Way New Castle, DE 19720 Plaintiff Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No.: 11-4953 vs. JOSEPH P. RUANE 133 Westgate Drive Mount Holly Springs, Defendant(s) PA 17065 AMENDED CIVIL ACTION COMPLAINT COUNTI-CONTRACT 1. Plaintiff, Discover Bank, is a banking institution organized under the laws of the State of Delaware and maintains a business address of 12 Reads Way, New Castle, DE 19720. 2. Plaintiff is engaged in interstate commerce and is subject to various federal laws and federal banking regulations; and, Plaintiff does not conduct business within the Commonwealth of Pennsylvania within the meeting of any statutes and/or regulations pertaining to foreign corporations. 3. Discover Bank is the issuer and owner of the Discover credit cards which are issued to consumers pursuant to an extension of credit agreement with them. 4. DB Servicing Corporation, successor to DFS Services LLC, is affiliated with and is the servicing agent for the Discover credit card accounts for Discover Bank. It creates and maintains all of the records in connection with all of the activities and/or transactions regarding the Discover accounts, which records are maintained by DB Servicing Corporation, successor to DFS Services LLC. 5. The Defendant, is an adult individual believed to be residing at the address contained in the above caption. 6. Plaintiff issued a Discover credit card to the Defendant so that the Defendant could make purchases or other forms of credit from various merchants who were authorized to accept the credit card from the Defendant in lieu of payment by the Defendant to the merchants. 7. The Defendant received the physical credit card issued by the Plaintiff, together with a Cardmember Agreement (extension of credit agreement), which agreement contains the terms and conditions governing the use of the credit card between the parties hereto. Plaintiff attaches hereto as Exhibit "A" a copy of the application and Cardmember Agreements applicable to the Defendant account since 2010. 8. The cardmember agreement is in writing however is not signed and is not required to be signed by the parties as the cardmember agreement only becomes effective and assented to by the Defendant upon the use of the credit card. 9. Thereafter, on sundry and various occasions, the Defendant, pursuant to the extension of credit agreement, used the credit card for purchases and/or other forms of credit. Attached hereto as Exhibit "B" is a copy of the Defendants' monthly cardmember statement for the period ending June 3, 2009 through December 3, 2010. 10. The Defendant by their acceptance and use of the Discover card have assented and ratified the terms and conditions of the Cardmember Agreement each and every time they utilized the Discover credit card, as well as by continuing to make payments to the Plaintiff after receiving monthly statements summarizing the activities and/or transactions on the account. 11. The Defendant by his/her use and conduct of the Discover Card have impliedly represented to the credit card issuer that the Defendants have the ability and the intention to pay for the use of the Discover credit card. 12. Plaintiff believes, and therefore avers, that the Defendant last payment in regard to their Discover obligation was processed on or about May 30, 2010 and as a result thereof, the Defendant is in breach of their obligation to the Plaintiff, and as a further result thereof, the obligation of the Defendant to satisfy the entire balance in regard to the credit card account became accelerated. 13. The outstanding balance which was due on the credit account as of January 31, 2011 was $3,146.45; and, although repeated requests and demands have been made upon the Defendant by the Plaintiff to satisfy the balance, the Defendant is still in breach of the agreement and have failed to repay the account balance and debt due the Plaintiff. 14. In addition to the balance on the account as indicated above, the Plaintiff may incur additional damages for accrued interest, attorney fees and costs and request payment of the same by the Defendant pursuant to the terms of the Cardmember Agreement and/or applicable law. 15. The Defendant has not reported any disputes in writing within sixty (60) days relating to his monthly statements pursuant to 15 U.S.C. $1601. 16. Plaintiff, through its counsel's investigation, has determined that the Defendant are not in the military service. 17. THIS COMMUNICATION OF PLAINTIFF'S COUNSEL IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, Plaintiff, Discover Bank, demands Judgment against the Defendant, Joseph P. Ruane, in the sum of $3,164.45, plus reasonable attorney fees, costs and pre judgment interest in accordance with law. COUNT II - UNJUST ENRICHMENT 18. Plaintiff incorporates by reference, all of the foregoing averments of this Amended Civil Action Complaint, as though the same were more fully set forth in length herein. 19. Defendant, by the use of the Discover credit card and the extension of credit, received the benefit of the same which was given on the said credit account and has failed to make payment for the receipt of the said benefit. 20. As a direct result of the receipt of the benefit of the extension of credit understanding as above, the Defendant has been unjustly enriched in the amount of $3,146.45, to Plaintiff's detriment. WHEREFORE, Plaintiff, Discover Bank, demands Judgment against the Defendant, Joseph P. Ruane, in the sum of $3,146.45, plus costs and pre-judgment interest in accordance with law. DATE: t FRAIS X. GRIMES, ESQUIRE Atto ey for Plaintiff VERIFICATION 1, JAMBS BALL, hereby state that I hold the position of Team Leader with DB Servicing Corporation, and that l am authorized to take this Verification on behalf of DB Servicing; Corporation, successor to DFS Services LLC, the servicing affiliate of Discover Bank. i certify that Discover Bank is issuer and owner of the credit card obligation of Joseph P. Ruane (card number 8109) and that the balance owed as of January, 31, 2011 was $3,1.46.45. The Plaintiff lacks sufficient knowledge or information to execute this verification, however, I have sufficient knowledge and information in my position as Team Leader with DB Servicing Corporation which is a subsidiary of Plaintiff= and is the servicing affiliate of Plaintiff. THAT, in my capacity as Legal Placement Account Manager, I have access to records regarding the Discover Card Account of the above referenced Debtor(s), hrrther, that t have personalty inspected said Account, and statements regarding the balance due on said account. DB Servicing Corporation maintains these records in the ordinary course of business. i further certify that Discover Bank is the owner of the credit card obligation of Defendant(s), and that the facts contained in the within pleading are true and correct: to the best of his knowledge, information and belief. I understand that the statements made herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities, Date: EXHIBIT "A" CA IJ6 s a Iu- ,l rAr, N 0 N th n tdi.. N m ?- a C7 Yl Q ?. h m a b °u w N 'G w Q cL w z a?a 0 M CO CC) N O r- CIO Lo , --- V Z CZ4 Z (? G. LU LU O Y t„ () Lu i a LU Y Z `? ¢u W o 7 d Y3 O Y? 7 Wi Qb u y 0 a d d o ? ? a N n. 0 c L2 s Cl ? t'S- C2 o c a O 3 1 E c G ' te ei 0 ?•a,_o'33 n?? C T ` 0 L - r m it f t J gyro V 'm '? ? M n Q o o .? ? z 0 00 LU ,? `1t O o s?}v9t o W Q c r ;C z ' ?" ,-r Q Q o I p-a r O ? Q 1-.Eyq. .? << ? n es?i lyt Sl! W cc it c Q u a O C O C. m c O 2al a w` Z u .N .c `o 0 a C o 0 c5 *,? -?b4 ! C? u D b v ? p 4 ? ui L V y V u U a` a 0. ? r ?(3 rl J? 7 A w C` V c- t Z Z '? a C` yL q U 4 n t4? ? J 00 c ° a o c '? .E ?-adg d a .? v_ I °' G G Vy I_ . &o s ?b g ? a > °?nxv u 'gip oQ m c e _ ? uj O W rJ't y Va c Q rn t 7-arcn n cl- M 0 ? V ° r z ? 3 m m ''''pp ?y a b .C m..u o p o = ro 4 n $o ? a E` ? F ? c 7u t I_ tg El $ O O Q DISCOVER YOUR DISCOVERO ACCOUNT CARDMEMBER AGREEMENT ................ Pages 1-13 The terms and conditions of your Account, including how we calculate finance charges, our fees and an Arbitration of Disputes section. You have the right to reject the arbitration provision with respect to your new Account within 30 days after receiving your Card, as explained in the "Right to Reject Arbitration" section at page 13. PRIVACY POLICY ......................... Pages 13-16 A summary of the personal information we collect, when it may be shared with others, and how we safeguard the confidentiality and security of information. You may limit our sharing of such information with others as explained in section 4 of the Privacy Policy at page 15. BILLING RIGHTS ..........................Pages 16-17 Important information about your rights and our responsibilities under the Fair Credit Billing Act. DESCRIPTION OF COVERAGE ............... Pages 18-25 The terms and conditions of the Scheduled Air Travel Accident Insurance and the Secondary Rental Car Collision Coverage that is provided at no charge to you when you use your Card to purchase airline tickets or rent an automobile. GLOBAL TRAVELER'S HOTLINE ..................Page 25 The terms and conditions of this free travel assistance benefit. ©2010 Discover Bank, Member FDIC TL22AG.0210 10DCM0_02BOK_TL22AG0210_01361_reader.indd 1-2 12/15/09 1:36:41 PM CARDMEMBER AGREEMENT Please read this Agreement carefully before using your Discover@ Card Account It contains the terms and conditions of your Account, some of which may have changed from earlier materials provided to you. In the event of any differences, this Agreement shall control. We respect your privacK See the Privacy section on page 10 and our Privacy Policy for addRion&I information. The Arbitration of Disputes section on page 11 includes a waiver of a number of rights, including the right to a jury trial. The Right to Reject Arbitration section on page 13 describ es the procedure you must follow if you desire to reject the Arbitration of Disputes section. DEFINITIONS ....................................... ............ 2 USING YOUR ACCOUNT ................ ............ ............ 2 Your Acceptance of this Agreement ................ ............ 2 Permitted Uses of Your Account ................... ............ 2 Prohibited Uses of Your Account ................... ............ 3 Purchases and Cash Advances in Foreign Currencies ... ............ 3 Cash Advances .................................. ............ 3 Balance Transfers ................................ ............ 3 Credit Authorizations ............................ ............ 3 Authorized Users ................................ ............ 3 Unauthorized Use ............................... ............ 3 Your Credit Lines ................................ ............ 4 CHANGES TO THIS AGREEMENT ....................... ............ 4 MAKING PAYMENTS ................................. ............ 4 Promise to Pay .................................. ............ 4 Monthly Billing Statement ........................ ............ 4 Monthly Payment Options ........................ ............ 5 Automatic Billing Arrangements ................... ............ 5 How We Apply Payments ......................... ............ 5 Minimum Monthly Payment ....................... ............ 5 Skip-A-Payment Offers ........................... C dit B l ............ 5 re a ances .................................. ............ 5 FINANCE CHARGES .................................. ............ 6 How We Calculate Periodic Finance Charges ......... ............ 6 How We Calculate Your Balances .................. ............ 6 Variable Interest Rates ........................... ............ 7 Default Rate .................................... ............ 7 Cash Advance Transaction Fee Finance Charges ...... ............ 8 Balance Transfer Transaction Fee Finance Charges .... ............ 8 Foreign Currency Transaction Fee Finance Charges ... ............ 8 Minimum Finance Charge ......................... ............ 8 Account Set-up Fee Finance Charge ................ ............ 8 FEES .................................. ............ ............ 8 Annual Fee ..................................... ............ 8 Late Fee ........................................ ............ 9 Returned Payment Fee ........................... ............ 9 Returned Discover Card Check Fee ................. ............ 9 Pay-By-Phone ................................... ............ 9 Research Fee .................................... ............ 9 DEFAULT AND CANCELLATION ........................ ............ 9 Types of Default ................................. ............ 9 Consequences of Default ......................... ............ 9 Cancellation .................................... ............ 9 PRIVACY AND OUR COMMUNICATIONS WITH YOU ...... ........... 10 Our Privacy Policy ................................ ........... 10 Reporting to Credit Reporting Agencies ............. ........... 10 1 10DCM0_02B0K_TL22AG0210_01361_reader. indd 3-4 12/15/09 1:36:41 PM Our Communications with You ........... .................... 10 Releasing Information About Your Account .................... 10 Electronic Notices to You ................ .................... 10 Notices- Changes to Your Information .... .....................10 CLAIMS AND DISPUTES ..................... .....................10 Merchant Disputes ...................... .....................10 Claim Notices .......................... .....................11 Arbitration of Disputes .................. Ri ht t R .....................11 g o eject Arbitration ............... .. 13 ............. LEGAL INTERPRETATION OF TH15 AGREEMENT .. .....................13 Severability ............................ .... .........13 Compliance with Interest Rate Limitations .. .....................13 Governing Law ......................... .....................13 ASSIGNMENT OF ACCOUNT .................. .....................13 DEFINITIONS "Account" means your Discover Card Account. "Authorized User" means any person whom you authorize to use your Account or a Card, whether you notify us or not. "Card" means any one or more Discover Cards issued to you or someone else with your authorization. "Pricing Schedule' means the document accompanying your Card and listing the Finance Charge rates that apply to your Account. The Pricing Schedule is part of this Agreement. 'We,' "us' and "our' refer to Discover Bank, the issuer of your Discover Card. "You; "your' or 'yours' refer to, in addition to you, the Cardmember, any other person or persons who are also contractually liable under this Agreement. USING YOUR ACCOUNT Your Acceptance of this Agreement. The use of your Account or a Card by you or an Authorized User, or your failure to cancel your Account within 30 days after receiving a Card, means you accept this Agreement, including the Arbitration of Disputes section on page 11. You may, however, reject the Arbitration of Disputes section as explained on page 13. Permitted Uses of Your Account Your Account may be used for: • Purchases - to purchase or lease goods or services from participating merchants by presenting your Card or Account number or by using promotional checks, which we may furnish to you, in accordance with such additional terms and conditions as we may offer from time to time. • Cash Advances - to obtain cash advances from participating automated teller machines, financial institutions or other locations, the purchase of lottery tickets, racetrack wagers, vouchers redeemable for cash or for casino chips, money orders, traveler's checks, savings bonds, foreign currency and wire transfers, or by means of checks which we may furnish to you, all in accordance with such additional terms and conditions as we may offer from time to time. • Balance Transfers - to transfer balances from other creditors or to make other transactions by means of balance transfer coupons or checks, in accordance with such additional terms and conditions as we may offer from time to time. In addition, your Account may be used to guarantee reservations at participating establishments. You will be liable for guaranteed reservations that are not cancelled prior to the time specified by the establishment. Your Account may be used for personal, family, household and charitable purposes. -2- 10DCM0_02BOK_TL22AG0210_01361_readecindd 5-6 Prohibited Uses of Your Account. Your Account may not be used to obtain loans to purchase, carry or trade in securities, to pay any amount you owe under this Agreement or for any transactions that are unlawful where you reside or where you are physically located when you use the Account to initiate the transaction ("Prohibited Transactions"). Purchases and Cash Advances in Foreign Currencies. If you make a purchase or cash advance in a foreign currency, it will be converted to U.S. dollars using either a government-mandated rate, a government-published rate or the interbank exchange rate, depending on the country and currency in which the transaction is made. The rate used will be the rate in effect on the conversion date for the transaction, which may be different than the Transaction Date as shown on your statement. We charge a Foreign Currency Transaction Fee Finance Charge for each purchase made in a foreign currency as described in the Foreign Currency Transaction Fee Finance Charges section on page 8. Cash Advances. We may periodically offer you promotional rates on cash advances for the time period specified in the offer, subject to the Default Rate section. The offer may contain a Cash Advance Transaction Fee Finance Charge for each cash advance. Balance Transfers. We may periodically offer you the opportunity to make balance transfers from other creditors or to make other transactions to your Account by means of balance transfer coupons or checks. Each offer will contain a promotional rate, which will be the Annual Percentage Rate that will apply to transferred balances for the time period specified in the offer, subject to the Default Rate section and may contain a Balance Transfer Transaction Fee Finance Charge for each balance transfer made during the term of the offer, as disclosed in the offer and as set forth in the Pricing Schedule, if applicable. Balance transfers subject to the promotional rate are referred to as promotional rate balance transfers; balance transfers for which the promotional rate has expired are referred to as purchase rate balance transfers. Each offer will contain an expiration date. If you attempt to transfer balances by means of a check after the expiration date, we will treat the transaction as a cash advance. We will not make balance transfers attempted by means of a coupon after the expiration date. Credit Authorizations. Certain transactions will require our authorization Prior to completion. In some cases, you may be asked to provide identification. We have the right not to authorize a transaction for security or other reasons. Also, if our authorization system is not working, we may not be able to authorize a transaction. We will not be liable to you if any of these events happen. Authorized Users. If you want to cancel the authority of a current Authorized User to use your Account or a Card, you must notify us and destroy any Card in that person's possession. You can notify us by telephoning 1-800-DISCOVER (1-800-347-2683), or by writing Discover, PO Box 30943, Sah Lake City, UT 84130-0943. None of your rights under this Agreement (other than to pay amounts owed) may be exercised by any person not a party to this Agreement acting pursuant to a power of attorney, without our separate written agreement (which we are not obligated to give). Unauthorized Use. Prior to its use, each Card must be signed by the person to whom it is issued. If a Card is lost or stolen, or if you think that someone is using your Account or a Card without your permission, notify us immediately. You can notify us by telephoning 1.800-DISCOVER (1-800-347-2683), or by writing Discover, PO Box 30943, Saft Lake City, UT 84130.0943. You agree to -3- 12/15/09 1:36:41 PM assist us in determining the facts relating to any theft or possible unauthorized use of your Account or a Card and to comply with such procedures as we may require in connection with our investigation. Your Credit Lines. We will advise you of your Account credit line. We may impose a lower line that will apply to cash advances, referred to as the cash advance credit line. We may also impose a lower line that will apply to balance transfers, referred to as the balance transfer credit line. You agree not to allow your unpaid balance, including Finance Charges and fees, to exceed your Account credit line. If you exceed your Account credit line, we may request immediate payment of the amount by which you exceed your Account credit line. We may increase or decrease your Account credit line, your cash advance credit line or your balance transfer credit line without notice. The credit available for your use may, from time to time, be less than your Account credit line. For purposes of determining your available credit, we reserve the right to postpone for up to 15 business days reducing your unpaid balances by the amount of any payment that we receive. Your available credit will not be increased by the amount of any credit balance. CHANGES TO THIS AGREEMENT From time to time, we may, to the extent permitted by law, change any term of this Agreement, including, but not limited to, an finance charge rate, fee or method of corepuhng any balance upon which the finance charge rate is assessed, or add or delete any term to this Agreement We will give you notice of the change in the time and manner required by law, which includes 45-days advance written notice in some circumstances. In addition, to the extent required by law, we will offer you the opportunity to reject a change. For example, law requires, with certain exceptions, that we offer you the opportunity to reject an increase in a late fee or the elimination of a grace period prior to the effective date of the change. 0 you reject a change in accordance with the instructions in the notice provided, we will close your Account and you W H no longer be able to use it for further transactions. You can then pay the remaining balance under the unchanged term. We may also change any term of any product, service or benefit offered in connection with your Account We will notify you as required by law or by the terms of the product, service or benefit MAKING PAYMENTS Promise to Pay. You agree to pay us in U.S. dollars for all purchases, cash advances and balance transfers including applicable Finance Charges and other charges or fees, incurred by you or anyone you authorize or permit to use your Account or a Card, even if you do not notify us that others are using your Account or a Card. If you pay us in other than U.S. dollars, we may refuse to accept the payment or charge your Account our cost to convert your payment to U.S. dollars. All checks must be drawn on funds on deposit in the U.S. You may not use a cash advance check, balance transfer check or coupon, or any other promotional check drawn on any Discover Bank credit card account to make payments on your Account. If your Account is a joint Account, each of you agrees to be liable individually and jointly for the entire amount owed on your Account. We can accept late payments or ppaartial payments or checks and money orders marked payment in fulls or with any other restrictive endorsement without losing any of our rights under this Agreement. Monthly Billing Statement. We will send you a billing statement after each monthly billing period in which you have a debit or credit balance, unless -4- we waive our right to do so as permitted by law. The billing statement will show all purchases, cash advances, balance transfers, Finance Charges and other charges or fees and all payments or other credits posted to your Account during the billing period. it will show your New Balance, Payment Due Date and Minimum Payment Due as of the end of the billing period. If your prior month's payment is returned unpaid, your required Minimum Payment Due may be higher than shown on your billing statement. See the Minimum Monthly Payment section on page 5. Monthly Payment Options. You may at any time pay the entire New Balance shown on your billing statement, but each month you must pay at least the Minimum Payment Due as described in the Minimum Monthly Payment section. All payments must be made in accordance with the terms stated on your monthly billing statement, as well as the payment cut-off time stated in this section, and we will credit your Account in accordance with those terms and this section. Payments received in proper form at our processing facility by 5PM local time on any day will be credited as of that day. Payments received in proper form at our processing facility after 5PM local time will be credited as of the next day. Automatic Billing Arrangements. If your Account number and/or Card expiration date changes and our records indicate you have automatic billing established with a merchant, we will attempt to provide your new Account information to that merchant. To ensure uninterrupted billing, we recommendthatyou verifythe merchant hasyour new Account information. You must contact the merchant directly if you do not wish to continue the automatic billing arrangement. How We Apply Payments. Each billing period, to the extent your payments exceed the Minimum Payment Due shown on your current billing statement, we will apply these excess amounts in order of the Annual Percentage Rate applicable to the balance of each transaction category (as referenced in the Finance Charges section), generally from highest to lowest, beginning with the balance subject to the highest Annual Percentage Rate. Otherwise, we will apply payments and credits at our discretion, including in a manner most favorable or convenient for us. In all cases, we will apply payments and credits in accordance with applicable law. Minimum Monthly Payment The Minimum Payment Due each billing period will equal: (i) the greater of: • $40; • 2% of the New Balance; or • current Periodic Finance Charges plus Late Fees plus $20; (ii) plus any past due amount. We may also include some or all the amount by which you exceed your Account credit line. When we calculate the Minimum Payment Due, we may subtract from the New Balance certain fees added to your Account during the billing period. The Minimum Payment Due will be rounded up to the nearest dollar and will never exceed the New Balance. Skip-A-Payment Offers. We may from time to time allow you to not make a minimum monthly payment and will notify you when this option is available. If you take advantage of this offer and do not make a minimum monthly payment, finance charges and any applicable fees will accrue on your Account in accordance with this Agreement and you must pay the Minimum Payment Due for the following billing periods. Credit Balances. We will refund any credit balance within seven business days from receipt of your written request. If you do not request a refund, -5- 1 ODCM0_02BOK_TL22AGO210_01361_reader. indd 7-8 12/15/09 1:36:42 PM we will automatically refund credit balances greater than $1 that remain in your Account after 6 months. FINANCE CHARGES How We Calculate Periodic Finance Charges. We begin to impose Periodic Finance Charges on all transactions from the Transaction Date for the transaction shown on your billing statement, unless a transaction is posted to your Account after the dose of the billing period in which it occurs, in which case we begin to impose Periodic Finance Charges on that transaction from the first day of the billing period in which it is posted to your Account. We continue to impose Periodic Finance Charges until the date you pay your entire New Balance shown on your billing statement by making payments or receiving credits. However, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases first appearing on the current billing statement, or any portion of a new purchase, paid by the Payment Due Date on your current billing statement. We call this the "grace period." There is no grace period on balance transfers or cash advances. As more fully described in the section titled "How We Apply Payments," we generally apply pa ents to your Account based on the Annual Percentage Rate applicable to the balance of each transaction category. This means that if you do not pay the New Balance on the current billing statement by the Payment Due Date shown on that billing statement, then, depending on the amount of your payment and the Annual Percentage Rates on other balances, you may not get a grace period on new purchases. We sort your transactions into groups of purchases, cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups We refer to these groups as transaction categories. At the end of each billing period, we compute balances and Periodic Finance Charges for each day of the billing period for each transaction category. We use the following equation to compute Periodic Finance Charges for each transaction category: (Average Daily Balance) times (days in billing period) times (Daily Periodic Rate). You may refer to the Finance Charge Summary on your billing statement for these amounts. Then we add up the Periodic Finance Charges for each transaction category to get the total Periodic Finance Charges for your Account. The Average Daily Balance is shown as zero if, because of the grace period, no Periodic Finance Charges apply to the balance in a transaction category. The Daily Periodic Rate is 11365th of the corresponding Annual Percentage Rate. How We Calculate Your Balances. We use the Average Daily Balance (including new transactions) method of calculating the balance upon which we impose Periodic Finance Charges. We compute the Average Daily Balance for each transaction category by adding up all the daily balances in a billing period for a transaction category and dividing the total by the number of days in the billing period. We compute the daily balance for each transaction category on each day by first adding the following to the previous day's daily balance: transactions with a Transaction Date of that day as shown on your billing statement, unless the transaction is posted to your Account after the close of the billing period in which it occurs, in which case the transaction will be added to the daily balance as of the first day of the billing period in which it is posted to your Account, fees charged that -6- day and Periodic Finance Charges accrued on the previous day's daily balance; and by then subtracting any credits and payments that are applied against the balance of the transaction category on that day. In calculating the daily balance for the first day of the billing period, we consider the "previous day's daily balance" to have been your balance for each transaction category on the last day of your previous billing period. All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction category. Variable Interest Rates. One or more Daily Periodic Rates and corresponding Annual Percentage Rates that apply to a transaction category may be variable rates as set forth in your Pricing Schedule or in any special offers you receive from us. Variable Annual Percentage Rates are determined by adding a specified number of percentage points to the Prime Rate. This is shown on the Pricing Schedule as "Prime + (percentage points)." For urposes of this Agreement, the Prime Rate is the highest rate of interest fisted as the `prime rate" in the Money Rates section of The Wall Street Journal on the last business day of the month. The Prime Rate is merely a pricing index and does not represent the lowest or best interest rate available to a borrower at any bank at any given time. If you have a variable rate, your Annual Percentage Rate will increase or decrease when the Prime Rate changes. This change will be effective beginning with the first day of the billing period that begins during the same month as the change in the Prime Rate. An increase in the Annual Percentage Rate may increase your Minimum Payment Due. Default Rate. Each time that you do not make the Minimum Payment Due by the Payment Due Date we may, in accordance with applicable law: (i) terminate the availability of any promotional Annual Percentage Rates on new transactions; and (ii) increase your Annual Percentage Rates for new transactions to variable Default Rates. Each new variable Default Rate for a new transaction is determined by adding up to 5 additional percentage points to the otherwise applicable Annual Percentage Rate and will vary based on any changes in the Prime Rate. (For example, if the promotional purchase rate was 2.99% and the rate for other purchases was 15.99% and you paid late once, the rate for all new purchases could increase up to 20.99% variable and vary thereafter with the Prime Rate.) When we first determine the variable Default Rates, we use the Prime Rate effective for the billing period in which you pay late. The variable Default Rates are determined in accordance with the Variable Interest Rates section. We will base your Default Rate on your creditworthiness and other factors such as your current Annual Percentage Rates and your Account history. If we increase any of your Annual Percentage Rates to a Default Rate, we will send you a notice, in accordance with applicable law, advising of (i) the date the new Default Rate will apply (the 'Default Rate Effective Date"), (ii) the type of new transactions to which it will be applied (note: the new Default Rate will not apply to any other transactions) and, (iii) your right to reject the new Default Rate. New transactions are those transactions which either (i) have a Transaction Date, as shown on your billing statement, of more than fourteen days after we mail or deliver the notice to you or, (ii) if permitted by applicable law, were posted to your Account after the current Default Rate Effective Date. Your Account will not be subject to a Default Rate for the first twelve billing periods after your Account is first opened. 7- I 9-10 12/15109 1:36:42 PM If your Annual Percentage Rate for purchases, balance transfers or cash advances was increased to a Default Rate, we will, to the extent required by applicable law, periodically review your Account to determine if any of your Annual Percentage Rates should be reduced. Any reduced Annual Percentage Rates on new and existing balances may be different and may be higher than your previous standard Annual Percentage Rates for purchases, balance transfers and/or cash advances or any promotional rate. Cash Advance Transaction Fee Finance Charges. Unless otherwise specified in a cash advance offer, we will charge you a Cash Advance Transaction Fee FINANCE CHARGE of 5% of the amount of each new cash advance with a minimum Cash Advance Transaction Fee FINANCE CHARGE of $10 and no maximum. The imposition of Cash Advance Transaction Fee Finance Charges may result in an Annual Percentage Rate for cash advances that is higher than the nominal Annual Percentage Rate. All forms of cash advances, including the use of Discover Card checks, regardless of the purpose for which used, are subject to Cash Advance Transaction Fee Finance Charges. To obtain the total Finance Charge on cash advances for each billing period, we add any Cash Advance Transaction Fee Finance Charges for the billing period charged under this section to any Periodic Finance Charges calculated under the Periodic Finance Charges section for each cash advance transaction category and add up these amounts. Balance Transfer Transaction Fee Finance Charges. Unless otherwise specified in a balance transfer offer, we will charge you a Balance Transfer Transaction Fee FINANCE CHARGE of 5% of the amount of each new balance transfer with a minimum Balance Transfer Transaction Fee FINANCE CHARGE of $10 and no maximum. The imposition of Balance Transfer Transaction Fee Finance Charges may result in an Annual Percentage Rate for balance transfers that is higher than the nominal Annual Percentage Rate. To obtain the total Finance Charge on balance transfers for each billing period, we add any Balance Transfer Transaction Fee Finance Charges for the billing period charged under this section to any Periodic Finance Charges calculated under the Periodic Finance Charges section for each balance transfer transaction category and add up these amounts. Foreign Currency Transaction Fee Finance Charges. We will charge you a Foreign Currency Transaction Fee FINANCE CHARGE of 2% of the U.S. dollar amount of each purchase made in a foreign currency. The imposition of Foreign Currency Transaction Fee Finance Charges may result in an Annual Percentage Rate for purchases that is higher than the nominal Annual Percentage Rate. To obtain the total Finance Charge on purchases for each billing period, we add any Foreign Currency Transaction Fee Finance Charges for the billingg period charged under this section to any Periodic Finance Charges calalated under the Periodic Finance Charges section for each purchase transaction category and add up these amounts. Minimum Finance Charge. We will charge you a minimum FINANCE CHARGE of $.50 for any billing period in which Periodic Finance Charges of less than $.50 would otherwise be imposed, Account Set-up Fee Finance Charge. If your Pricing. Schedule accompanying your Card includes an Account Set-up Fee, we will charge you a one-time Account Set-up Fee FINANCE CHARGE in the amount indicated when we open your Account. FEES Annual Fee. If your Pricing Schedule accompanying your Card includes an Annual Fee, we will charge you an Annual Fee in the amount indicated. We will charge you this fee when we open your Account and at the beginning of each anniversary year your Account is open. The Annual Fee is not -8- IODCMO_02BOK_TL22AG0210_01361_reader.indd 11-12 refundable, except as provided by law. Late Fee. We will charge you a Late Fee if you have failed, as of the Payment Due Date, to make the Minimum Payment Due that was required to be paid for that billing period. The amount of the Late Fee is based on the sum of all outstanding purchases, cash advances, balance transfers, other charges, other fees and Finance Charges at the end of the billing period for which we did not receive timely payment If the sum is $250 or less, the fee is S 19. If it is greater than $250, the fee is $39. Returned Payment Fee. We will charge you a Returned Payment Fee of $35 each time you pay us with a check or other instrument that is returned unpaid. This fee will also apply if a debit transaction to a deposit account from which you have authorized us in writing, electronically or orally to periodically deduct all or a part of an amount you owe us under this Agreement is returned unpaid. We will charge you this fee the first time any payment is returned unpaid, even if it is paid upon resubmission. Returned Discover Card Chedc Fee. We will charge you a Returned Discover Card Check Fee of $35 each time we decline to honor a Discover Card cash advance check, balance transfer check, promotional purchase check, or other promotional check. Pay-By-Phone. We may from time to time allow you to make payments by authorizing us over the telephone to transfer or pay funds from a deposit account to your Account We will not charge you a Pay-By-Phone Fee. Research Fee. We may charge you a Research Fee of $5 for each copy of a billing statement or sales slip that you request. However, we will not charge a fee if you request copies in connection with a billing error. DEFAULT AND CANCELLATION Types of Default. You are in default if you become insolvent; if you file a bankruptcy petition or have one filed against you; if we have a reasonable belief that you are unable or unwilling to repay your obligations to us; if you are declared incompetent by a court or if a court appoints a guardian for you or a conservator for your assets; if you die; if you fail to comply with the terms of this reement, including failing to make a required payment when due, exceAAgqeding your Account credit line or using your Card or Account for a Prohibited Transaction; or if you fail to make a required payment when due on any other account you have with us. Consequences of Default If you are in default, we may declare the entire balance of your Account immediately due and payable without notice. If we refer the collection of your Account to an attorney or employ an attorney to represent us with regand to recovery of money that you owe us, we may charge you reasonable attorneys' fees and court or other collection costs as permitted by law and as actually incurred by us, including fees and costs in 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 Account by notifying us in writing or by telephone and returning or destroying every Card and unused check that we have provided you. You can notify us by telephoning 1-800-DISCOVER (1-800-347-2683), or by writing Discover, PO Box 30943, Salt Lake City, UT 84130-0943. Of course, you will still be responsible to pay any amount you owe us according to the terms of this Agreement. If your Account is a joint Account, either Cardmember may cancel the Account, but you will both remain responsible to pay any amount owed to us according to the terms of this Agreement We may cancel or suspend your Account at any time without notice. We may choose not to renew your Account (beyond the expiration date shown on the face of a Card) without notice. You must return any Card or unused checks to us upon request. -9- 12/15/09 1:36:42 PM PRIVACY AND OUR COMMUNICATIONS WITH YOU Our Privacy Policy. We may from time to time review your credit, employment and income records. We respect the privacy of information about you and your Account. Our Privacy Policy includes a summary of the personal information we collect, when it may be shared with others, how we safeguard the confidentiality and security of information and the steps you may take to limit our sharing of such information with others. Please read it carefully as it is part of your Cardmember Agreement. Reporting to Credit Reporting Agencies. As indicated in our Privacy Policy, we may report to credit reporting agencies and other creditors the status and payment history of your Account, including negative credit information. Late payments, missed payments or other defaults on your Account may be reflected in your credit report. We normally report to such credit reporting agencies each month. If you believe that our report of your Account status is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, Wilmington, DE 19850-5316. Please include your name, address, home telephone number and Account number. Our Communications with You. You agree that our personnel may listen to or record telephone calls between you and our representatives without additional notice to you, including but not limited to calls we make to collect debts. We may use any medium permitted by law, including but not limited to mail, live telephone calls, automated telephone equipment, prerecorded telephone calls, e-mail and calls to your cell phone to contact you about your Account or to 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, you must either telephone us at 1.800-DISCOVER (1-800.347-2683) or write to us at Discover, PO Box 30961, Salt Lake City, UT 30961-0%1. Releasing Information About Your Account We provide various methods by which you can obtain information about your Account. We will onl 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 by law. Our security measures cannot insure against unauthorized inquiries. You agree that we will not be responsible for the release of information to anyone who, even if 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, Account number or social security number. Electronic Notices to You. We may offer you the opportunity to receive certain notices from us electronically rather than through the mail, including monthly billing statements and change of terms notices. The terms and conditions for receiving these electronic communications will be described in the offer. Notices - Changes to Your Information. If you change your e-mail address, mailing address or telephone number you must notify us of your new address or telephone number within 15 days. You can notify us by telephoning 14800-DISCOVER (1-800-347-2683) or by writing Discover, PO Box 30943, Salt Lake City, UT 84130-0943. If your Account is a joint Account, any notice we mail to an address you have provided for the Account will serve as notice to both Cardmembers. CLAIMS AND DISPUTES Merchant Disputes. We are not responsible for the refusal of anyone to accept or honor a Card or to accept checks that we have provided you. If a merchant fails to provide your purchase to your satisfaction and you -10- request a credit to your Account, we will investigate the dispute. If we resolve the dispute in your favor, we will issue a credit to your Account and you will be deemed to have assigned to us your claim against the merchant andlor any third party for the credited amount. Upon our request, you agree to provide us with written evidence of such assignment. Claim Notices. In the event that you or we have a claim that arises from or relates to your Account, any prior account you had with us, your application, the relationships which result from your Account or the enforceability of the Agreement or any prior agreement, before initiating, Joining or participating in any judicial or arbitration proceeding, as either an individual litigant or member of a class ("Proceeding"), the complaining parry shall give the other party: (1) a written notice of the claim ("Claim Notice"), at least 15 days before initiating any Proceeding, explaining in reasonable detail the nature of the claim and any supporting facts; and (2) a reasonable good faith opportunity to resolve the claim without the necessity of a Proceeding. This includes any claims involving our parent corporation, subsidiaries, affiliates (including, without limitation, DFS Services LLC), predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities. Any Claim Notice shall be sent to us at Discover, PO Box 3024, New Albany, OH 43054 (or such other address as we shall subsequently provide to you) (the "Claim Notice Address") or to you at your address appearing in our records or, if you are represented by counsel, to your attorney at your attorney's office. Arbitration of Disputes. Agreement to arbitrate. In the event of any past, present or future claim or dispute (whether based upon contract, tort, statute, common law or equity) between you and us arising from or relating to your Account, any prior account you have had with us, your application, the relationships which result from your Account or the enforceability or scope of this arbitration provision, of the Agreement or of any prior agreement, you or we may elect to resolve the claim or dispute by binding arbitration. IF EITHER YOU OR WE ELECT ARBITRATION, NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WITH RESPECT TO OTHER ACCOUNTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY ("Class Action Waiver"). Notwithstanding anything else to the contrary in this arbitration provision, only a court, and not an arbitrator, shall determine the validity effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision. We will not invoke our right to arbitrate an individual claim you bring in small claims court or your state's equivalent court, if any, unless such action is transferred, removed or appealed to a different court Governing Law and Rules. Your Account involves interstate commerce and this provision shall be governed by the Federal Arbitration Act (FAA). The arbitration shall be conducted, at the option of whoever files the arbitration claim, by either the American Arbitration Association (AAA) or JAMS in accordance with their procedures in effect when the claim is filed. For a copy of their procedures, to file a claim or for other information, contact AAA at 335 Madison Ave., Floor 10, New York, NY 10017-5905, -11- 10DCM0_02BOK_T?22AG0210_01361_reader. indd 13-14 12/15109 1,36:42 PM www.adr.org (phone 1-800-778-7879) or JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018, www.jamsadr.com (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 court 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 parties, no arbitration may be administered by any administrator or arbitrated by any arbitrator that has any formal or informal policy, rule or procedure that is inconsistent with or purports to override the terms of this section. If we elect to resolve a claim or dispute by binding arbitration and the arbitrator issues an award in your favor on a claim or claims with respect to which you would not otherwise be entitled to recover your arbitration filing, administrative and hearing fees, reasonable attorneys' fees and/or other arbitration costs, we will be responsible for paying or reimbursing such costs and fees if awarded by the arbitrator. Fees and Costs. At your written request, we will advance any arbitration filing, administrative and hearing fees which you would be required to pay to pursue a claim or dispute as a result of our electing to arbitrate that claim or dispute. Send requests to Discover, PO Box 30421, Salt Lake City, UT 84130-0421. The arbitrator will decide who will ultimately be responsible for paying those fees. You will only be responsible for paying or reimbursing our arbitration filing, administrative or hearing fees to the extent you would have been responsible for paying 'attorneys' fees and court or other collection costs" had the action proceeded in court. In no event will you be required to pay any fees or costs incurred by us in connection with an arbitration proceeding where such a payment or reimbursement is prohibited by applicable law. Hearings and Decisions. Any arbitration hearing will take place in the federal judicial district where you reside. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and shall be authorized to award all remedies permitted by the substantive laws that would apply if the action were pending in court. If requested by any party, the arbitrator shall write an opinion containing the reasons for the award. The arbitrator's decision will be final and binding except for any appeal rights under the FAA and except that if the amount in controversy exceeds 5100,000, any party may appeal the award within 30 days to a three-arbitrator panel, which shall review the award de novo. Unless applicable law provides otherwise, the appealing party will pay the cost of the appeal, regardless of its outcome. However, we mill consider in good faith any reasonable request for us to bear the fees chargethed by the arbitration administrator and the arbitrators in connection with appeal. Judgment upon any award by the arbitrator may be enforced in any court having jurisdiction. Other Beneficiaries of this Provision. Our rights and obligations under this arbitration provision shall inure to the benefit of and be binding upon our parent corporations, subsidiaries, affiliates (including, without limitation, DFS Services LLC), predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities, and will also inure to the benefit of any third party named as a co-defendant with us or with any of the foregoing in a claim which is subject to this arbitration provision. Your rights and obligations under this arbitration provision shall inure to the _12_ benefit of and be binding upon all persons contractually liable under this Agreement and all Authorized Users of the Account. Survival of this Provision. This arbitration provision shall survive termination of your Account as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, any bankruptcy by you and any sale by us of your Account. Right to Reject Arbitration. You may reject the Arbitration of Disputes section by providing us a notice of re' ion within 30 days after receiving a Card, at the following address: Discover, PO Box 30938, Salt Lake City, UT 841304938. 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 or your obligation to arbitrate disputes under any other account as to which you and we have agreed to arbitrate disputes. If you do not send a rejection notice, you will be obligated by the Arbitration of Disputes section writh respect to this and any prior account you have had with us, even if you have previously sent a rejection notice with respect to that prior account. LEGAL INTERPRETATION OF THIS AGREEMENT Severability. If any part of this Agreement becomes unenforceable, it will not make any other part unenforceable, except that if the Class Action Waiver set forth above in the Arbitration of Disputes section is invalidated in any proceeding in which you and we are involved, then the Arbitration of Disputes section will be void with respect to that proceeding. Compliance with Interest Rate Limitations. We intend that this Agreement will comply with applicable interest rate limitations. You will not be required to pay Finance Charges or other charges at a rate that is greater than the maximum amount permitted by law. If it is ever finally determined that, but for this section, the Finance Charges or other charges under this Agreement would exceed the maximum lawful amount, the Finance Charges and other charges will be reduced to the maximum lawful amount. Any excess amount that you have already paid will be used to reduce the outstanding balance of your Account or will be refunded to you by means of a check in our discretion. Governing Law. This Agreement and any claim or dispute arising out of this Agreement will be governed by applicable federal law and, to the extent state law applies, Delaware law. ASSIGNMENT OF ACCOUNT We may sell, assign or transfer your Account or any portion thereof without notice to you. You may not sell, assign or transfer your Account without first obtaining our prior written consent. PRIVACY POUCY We are required by federal law to provide you with a copy of our Privacy Policy each year. If you have previously notified us about your privacy preferences, as described in Section 4, it is not necessary to do so again unless you decide to change your preferences. -13- 10DCM0_02BOK_TL22AG0210_01361_reader.indd 15-16 12/15/09 1:36:43 PM We Respect Your Privacy Our mission is to provide you with superior products and services, along with the peace of mind knowing that the security of your personal information is our top priortty We understand your concerns about guarding information about you and your Account. We want to assure you that we have taken steps, and will continue to take steps, to safeguard that information. This Privacy Policy describes our efforts to meet these objectives. R includes a summary of the following important information: • A listing of the personal information we collect; • The circumstances in which we may share information with others; • The ways we safeguard the confidentiality and security of information; and • The steps you may take to limit our sharing of such information with others. See Section 4 for complete details. Please read our Privacy Policy carefully. R will help you understand how we collect and share information. 1. What Personal Information Do We Collect? To serve you better and manage our business, it is important that we collect and maintain accurate personal information about you. We obtain this information from applications 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 from applications and other forms you submit to us. We may obtain information such as Account balances, payment history, your use of your Account and the types of services you prefer from your transactions and other dealings with us and others. • We may obtain information such as the balances of your loans with other lenders and your payment history with others from consumer reporting agencies. We may obtain information such as your Internet service provider, your e-mail address, your computer's operating system and Web browser, your Web site use and your product and service preferences from your visits to Web sites. 2. Is Personal Information Shared with Others? We limit the sharing of information with others. Many of the offers you receive for products and services are provided directly to you from us. For example, a retailer that accepts the Discover® 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 Cardmembers with the retailer. However, please understand that if you do receive this type of offer from us and choose to take advantage of it, the retailer may then learn information about you because only Cardmembers with certain characteristics received the offer. There are, however, circumstances in which we may share the information we collect about you, as described in Section 1, with other companies in order to provide you with access to products and services and to service your Account effectively, as detailed below. We require these companies to adhere to our privacy standards and to use this information only for the -14- limited purpose for which it was shared. We do not allow them to disclose it to others without our prior approval. a. Sharing Personal Information with Our Corporate Family Our corporate family offers a variety of products and services that can help you manage your finances. In order to provide you with access to these products and services, we may share the information we collect about you, as described in Section 1, with other members of our corporate family. These companies include financial service providers that offer credit protection, card servicing and payment processing services. b. Sharing Personal Information with Non-Affiliated Parties for Marketing Purposes We may share the information we collect about you, as described in Section 1, with non-affiliated third parties, including those that accept the Discover Card, in order to provide you with access to products and services offered directly by these companies that may be of value to you. These companies include financial service providers, such as insurance companies, and non- financial companies, such as retailers. c. Sharing Personal Information with Others We may share the information we collect about you, as described in Section 1, with companies that perform support or marketing services on our behalf, such as mailing, market research and data processing; other financial institutions with which we have joint marketing agreements; or companies that are our partners for co-brand credit card programs or reward programs. We may also share such information as permitted by law. 3. Now Do We Protect the Confidentiality, Security and Integrity of Information about You1 We maintain physical, electronic and procedural safeguards to protect the information we collect about you. Access to such information is restricted to individuals who need it in order to service your Account or provide products and services to you, and who are trained in the proper handling of such information. Employees who violate these confidentiality requirements are subject to our disciplinary process. Where third parties provide support services, we require them to conform to our privacy standards. It is important that the information we maintain about you is accurate and complete. If you see information in your monthly. billing statements or elsewhere which suggests that our information is incomplete or inaccurate, please write to us at Discover, PO Box 30943, Salt Lake City, UT 84130-0943 so that we can update this information. 4. How Can You Limit Sharing of Information About You? We respect your privacy and offer you choices as to whether we may share information about you with others. You have the option to tell us not to share the information we collect about you, as described in Section 1, with non- affiliated third parties. You also have the option to tell us not to share the information we collect about you, as described in Section 1, with companies in our corporate family. If you indicate a preference for either of these options, please understand that you may not receive offers for products and services provided by other companies that could help you lower your costs, maximize your financial resources, or manage your finances. To indicate your preferences, please call us at 14WO-225.5202 or write to Discover PO Box 30961, Salt Lake City, UT 84130-0961. If you have previously noted us about your privacy preferences, it is not necessary to do so again unless you decide to change your preferences. Your written request should include your name, address, telephone number and Account number(s) and should not be sent with any other correspondence. In order -15- 10DCM0_02BOK_TL22AG0210_01361_reader, indd 17-18 12115/09 1:36:43 PM to process your request, we require that the request be provided by you directly and not through a third party. You will need to provide us with your preferences for each credit card account you have with us. You may notify us about your preferences at any time. Your request will remain in effect until you notify us otherwise. We will honor your request and not share this information except as permitted by law. For example, federal law permits us to share information about you with consumer reporting agencies, service providers and financial institutions with which we haveloint marketing agreements. If you are a new Cardmember, we will not share any information about you, except as permitted by law, for thirty days after we provide this Policy to you in order to give you an opportunity to inform us about your preferences. If you are an existing Cardmember, please understand that you may continue to receive marketing offers directly from other companies that were already in production prior to the processing of your request. This Privacy Policy is provided to the primary Cardmember listed on the Account. However, any joint Cardmember has the right to notify us about preferences and we will treat that request as applying to the entire Account. We do not share information about former customers, except as permitted by law. This notification supersedes all previously issued Privacy Policies. We reserve the right to amend this Privacy Polity from time to time and we will notify you if we do so. This Privacy Policy is provided to you by Discover Bank and its subsidiaries, which currently include GTC Insurance Agency, Inc. and Discover Products Inc. Unless otherwise specified, it applies to the family of Discover Cards for consumers and the products and services offered in connection with those Cards, including the Wallet Protection card registration service (with the exception of any information registered in connection with the service, which will not be shared). It is part of your Cardmember Agreement and provides a further explanation of how we collect and share information. You may have other rights under state laws that apply to this information. Please note that you will also receive privacy notices for other credit card accounts you have with us, as well as other financial products and services provided to you by us and our affiliates. You will need to indicate your preferences for each of these separately as disclosed in the notice. Vermont Residents - Your state law requires financial institutions to obtain your consent prior to sharing information about you with others. Except as permitted by law, we will not share information we collect about you with non-affiliated third parties or companies in our corporate family unless you call us at 1-800-DISCOVER (1-800-347-2683) and authorize us to do so. California Residents - Your state law requires financial institutions to obtain your consent prior to sharing information about you with non-affiliated third parties. Except as permitted by law, we will not share information we collectabout you with non-affiliated third parties while you are a resident of California. Your Billing Rights KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. 1. Notify Us in Case of Errors or Questions About Your Bill If you think your bill is wrong or if you need more information about a transaction on your bill, write us on a separate sheet of paper at the address listed on your bill for Notice of Billing Errors. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill -16- on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • your name and Account number. • your dollar amount of the suspected error. • describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. 2. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges and we can apply any unpaid amount against your Account credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay the finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. 3. Special Rule for Credit Card Purchases If you have a problem with the quality of goods or services that you purchased with a credit card, and you tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the goods or services. There are two limitations on this right: (a) you must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address, and (b) the purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant or if we mailed you the advertisement for the goods or services. 4. Purchases Made with Checks or Cash Advances The Special Rule for Credit Card Purchases does not apply to purchases made with a balance transfer check, cash advance or promotional purchase check. Therefore, if you have a problem with the quality of goods or services that you purchased with a balance transfer check, promotional purchase check, cash advance check or the proceeds of a cash advance, you do not have the right to withhold payment of the amount due. -17- 1ODCMO_02BOK_TL22AGO210_01361-reader.indd 19-20 12/15109 1:36:43 PM DESCRIPTION OF COVERAGE SCHEDULED AIR TRAVEL ACCIDENT INSURANCE Discover@ Cardmembers are provided with $500,000 Scheduled Air 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 automatically insured against Accidental Loss of Life arising from and occurring on a Covered Trip while you, your Spouse, Domestic Partner or eligible Dependent Children for whom a ticket was purchased on your Card are riding as a passenger in or entering, exiting or being struck by a Scheduled Aircraft or a conveyance operated by a military transport service or riding as a passenger in or entering or exiting any conveyance licensed to carry the public for a fee and while traveling directly to or from the airport immediately preceding the departure of a Scheduled Aircraft on which the Insured Person has purchased passage and immediately following the arrival of a Schedule Aircraft on which the Insured Person was a passenger. *Coverage is underwritten by Federal Insurance Company, a member insurer of the Chubb Group of Insurance Companies. Certain limitations and exclusions apply. PLAN FEATURES THE BENEFITS: The full Benefit Amount ($500,000) is payable for Accidental Loss of Life. The Loss must occur within one year of the Accident. MAXIMUM 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 (520,00000) 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 Account arising from any one Accident, the Company's liability for all such Losses will be limited to a maximum limit of insurance equal to two times the applicable Benefit Amount for Loss of Life. Benefits will be Proportionately divided among the Insured Persons up to the maximum imit of insurance. DEFINITIONS: Accdent or Accidental means a sudden, unforeseen and unexpected event happening by chance, and includes unavoidable exposure to elements arising from a covered Hazard. Acddental Bodily Inju iesl means bodily injury which is Accidental, is the direct source of a Loss, is independent of disease, illness or other cause and occurs while this policy is in force. Account means a Card account. Benefit Amount means the Loss amount at the time the entire cost of the passenger fare is charged to an Account. Card means the Discover Card. Cardmember means the holder of the Card whose name appears on the credit card. Comoanv means the Federal Insurance Company. Covered Trio means travel on a Scheduled Aircraft when the entire cost of the passenger fare for such transportation, less redeemable certificates, vouchers or coupons, has been charged to the Insured Person's Account. Dependent Child or Children means those children, including adopted children and those children placed for adoption, who are primarily dependent upon the Insured Person for maintenance and support and who -18- 10DCM0_02BOK_TL22AG0210_01361_reader, indd 21-22 are: (1) under the age of 19 and reside with the Insured Person; (2) beyond the age of 19, permanently mentally or physically challenged and incapable of self support; or (3) under the age of 25 and classified as full-time students at an institution of higher learning. Domestic Partner means a person who: (1) is at least 18 years of age and competent to enter into a contract; (2) is not related to the Insured Person by blood; (3) has exclusively lived with the Insured Person for at least one year prior to the date of enrollment; (4) is not legally married or separated; and (5) as of the date of enrollment, has with the Insured Person at least two of the following financial arrangements: (a) a joint mortgage or lease; (b) a joint bank account; (c) joint title to or ownership of a motor vehicle or status as a joint lessee on a motor vehicle lease; or (d) a joint credit card account with a financial institution. Neither the Insured Person nor the Domestic Partner can be married to, nor in a civil union with, anyone else. _HjaW means the covered circumstances for which this insurance is provided as stated in Section III of the Declarations, Hazards, and described in the Hazards form, as described on page 1 of this Description of Coverage. Insured Person means all Cardmembers, their spouses, Domestic Partners and Dependent Children, as well as authorized users of the Account. I= means the Loss of Life. Loss of Li means death, including clinical death determined by the local governing medical authorities. lolq means DFS Services LLC, the entity responsible for the payment of premium. Scheduled Aircraft means an aircraft owned and/or operated by a Scheduled Airline. Scheduled Airine means an airline which is either of United States registry and certified by the United States government to carry passengers on a regularly scheduled basis or of foreign register and approved by the United States government and the appropriate foreign authority. WK means hostilities following a declaration of War by a government authority. If there is no declaration of War, then (1) armed, open and continuous hostilities between two countries or (2) armed, open and continuous hostilities between two factions, each in control of territory, or claiming jurisdiction over the site of the area of hostility. DISAPPEARANCE BENEFITS: If the Insured Person has not been found within one year of the disappearance, stranding, sinking, wrecking or breakdown of any Scheduled Aircr. or conveyance in which the Insured Person was covered as an occupant, it will be assumed, subject to all other terms of the policy, that the Insured Person has suffered Loss of Life covered under this policy. EXPOSURE BENEFITS: Accident includes unavoidable exposure to elements arising from a covered Hazard. EUGIBILITY: This insurance plan is provided to Insured Persons automatically when the entire cost of the passenger fare(s) on a Scheduled Airline is charged to the Cardmember's Account while the insurance is effective. It is not necessary for you to notify the Policyholder or the Company when Scheduled Airline tickets are purchased. EFFECTIVE DATES: Your insurance under this insurance plan is effective on the later of: 1) April 1, 2007; or 2) the date you become an eligible Cardmember. Your insurance coverage under this insurance plan will cease on the earlier of: (1) the date the insurance coverage is terminated; or (2) the date you cease to be an eligible Cardmember. -19- 12/15/09 1:36:44 PM COST: This insurance plan is provided at no additional cost to eligible Insured Persons for Covered Trips. Policyholder pays the full cost of the insurance. THE BENEFICIARY: The Loss of Life benefit will be paid to the beneficiary designated by you. If no such designation has been made, that benefit will be paid to tithe first surviving beneficiary in the following order: a) your spouse; b) your children; c) your parents d) your brothers and sisters, e) your estate. All other indemnities will be paid to you. If you wish to change your beneficiary, you may request a beneficiary designation form by writing to the plan administrator at: The Direct Marketing Groupp, Inc., 13265 Bedford Avenue, Omaha, NE 68164 or at Beneficiaryrequest@?eDirectMG.com. EXCLUSIONS: This insurance plan does not cover Loss resulting from: (1) an Accident occurring while an Insured Person is in, entering, or exiting any aircraft owned, leased or operated by this Policyholder or any aircraft owned, leased or operated by an employee of the Policyholder on behalf of the Policyholder (this exclusion does not apply to aircraft chartered with pilot or crew on one time charter basis), (2) an accident while an Insured Person is in, entering, or exiting any aircraft while acting or training as a pilot or crew member (this exclusion does not apply to passengers who temporarily perform pilot or crew functions in a life threatening emergency); (3) emotional trauma, mental or physical illness, disease, pregnancy, childbirth or miscarriage, bacterial or viral infection, or bodily malfunctions (except bacterial infection caused by an Accident or from Accidental consumption of a substance contaminated by bacteria); (4) suicide, attempted suicide or Loss that is intentionally self-inflicted; or (5) declared or undeclared War. CLAIM NOTICE: Written claim notice must be given to the Company within 90 days after the occurrence of any Loss covered by this policy or as soon as reasonably possible. Failure to give notice within 90 days will not invalidate or reduce any otherwise valid claim if notice is given as soon as reasonably possible. CLAIM FORMS: When the Company receives notice of a claim, the Company will send you forms for giving proof of loss to us within 15 days If you do not receive the forms, you should send the Company a written description of the Loss. CLAIM PROOF OF LOSS: Complete proof of Loss must be given to Company within 90 days after the date of Loss, or as soon as reasonably possible. Failure to give complete proof of Loss within these time frames will not invalidate any otherwise valid claim if notice is given as soon as reasonably possible and in no event later than one year after the deadline to submit complete proof of Loss. CLAIM PAYMENT: The Company will pay you or your beneficiary the applicable Benefit Amount within 60 days after complete proof of Loss is received and if you, the Policyholder and/or the beneficiary have complied with all the terms of the policy. ARBITRATION: In the event of a dispute under this policy, either the Company or the Insured Person may make a written demand for arbitration. In that case, the Company and the Insured Person will each select an arbitrator. The two arbitrators will select a third. If they cannot agree within 15 days, either the Company or the Insured Person may request that the choice of arbitrator be submitted to the American Arbitration Association. The arbitration will be held in the state of the Insured Person's principal residence. IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE -20- 10DCM0_02BOK_TL22AG0210_01361_reader indd 23-24 CLAIMS SERVICE CENTER AT 1.800-CLAIMS-0 (1.800.2524670). You can also go to the Company Web site (www.chubb.com), click on Report a Loss, select Accident, Benefits and Life claims, select the appropriate form, print out the claim form, fill out and mail. You can file a claim by mail or fax. Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES CLAIMS SERVICE CENTER 600 INDEPENDENCE PARKWAY PO BOX 4700 CHESAPEAKE, VA 23327-4700 Fax Number. 1-800-300-2538 As a handy reference guide, please read this and keep it in a safe place with your other insurance documents. This description of coverage is not a contract of insurance but is a summarryy of the principal provisions of the insurance while in effect. Complete policy provisions are contained in the Master Policy, which can be obtained from the Policyholder: Policy #9906-18-06 Polley Underwritten By Man Administrator Federal Insurance Company The Direct Marketing Group, Inc. a member insurer of the 13265 Bedford Avenue Chubb Group of Insurance Companies Omaha, NE 68164 15 Mountain View Road, PO Box 1615 Warren, N107061-1651 DESCRIPTION OF COVERAGE SECONDARY RENTAL CAR COLLISION COVERAGE Discover® Cardmembers can benefit from the security and safety offered through Excess Collision Damage Waiver. If you rent a vehicle for 31 consecutive days or less (or 45 days under certain circumstances described below) with your Card (as defined below), you may be eligible for benefits under this coverage. Excess Collision Damage Waiver is an insurance program, underwritten by Federal Insurance Company Policy #9906-17.63 (the "Policy"). DEFINITIONS: Accou S means a Card account. Actual Cash Value means the cost to repair or replace the Rented Automobile at the time of loss, less depreciation. Cardmember means the holder of the Card whose name appears on the credit card. Card means the Discover Card. Collision Damage means the direct and accidental damage to a Rented Automobile caused by upset or collision with another object. Collision Damage does not include loss caused by missiles, falling ob'ects, fire, theft or larceny, explosion, earthquake, windstorm, hail, water, Mod, malicious mischief or vandalism, riot or civil commotion. spy means the Federal Insurance Company. Insured means Cardmembers and authorized users of the Account. Poli older means DF5 Services LLC, the entity responsible for the payment of premium. Rental Agencv means a commercial automobile rental company licensed under the laws of the applicable jurisdiction. Rented Automobile means a four-wheeled private passenger type motor vehicle or a minivan manufactured and designed to transport a maximum of seven passengers and used excursively to carry passengers. A Rented -21 - 12/15/09 1:36:44 PM Automobile must be designed for travel on public roads and rented from Rental Agency. TO GET COVERAGE: • The Collision Damage Waiver Coverage is provided to you, as an Insured, automatically when the entire rental fee for the Rented Automobile is charged or debited to your Account. It is not necessary for you to notify the Company at the time the rental fee is charged or debited to your Account. • You must decline the Loss/Damage Waiver offered by the vehicle Rental Agency. • You must rent the vehicle in your own name and sign the vehicle rental agreemenUcontracL • The coverage period will not exceed 31 consecutive days, or 45 consecutive days if the Insured is an employee of an organization which has provided a Card to the Insured for business use. THE KIND OF COVERAGE YOU RECEIVE: In consideration of the premium paid by the Policyholder as required, and subjectto all the terms of the Policy, the Company agrees to reimburse on an Actual Cash Value basis either the Insured or the Rental Agency for repair or replacement of the Rented Automobile as a result of Collision Damage to the Rented Automobile. The Company's liability will be for a maximum reimbursement of $25,000. In no event will the Company be liable beyond the amounts actually paid by the Insured or the Rental Agency. • If you or an Insured's primary vehicle insurance or other coverage has made payments for a covered loss, Excess Collision Damage Waiver will cover your deductible and any other eligible amounts not covered by other insurance. • This coverage is not all-inclusive, which means it does not cover such things as personal injuryry or personal liability. It does not cover you for any damages to other vNides or property. It does not cover you for any injury to any party. WHO IS COVERED: • Discover Cardmembers EXCLUDED RENTAL VEHICLES: Off-road, antique or limited edition motor vehicles; trucks; recreational vehicles, campers, pickup trucks, and mini-buses; limited edition motor vehicles or high value, exotic, high performance or collector type. High value motor vehicles are motor vehicles whose replacement value exceeds 550,000, and antique motor vehicles are defined as any vehicle over 25 years old, or any vehicle which has not been manufactured for 10 years or more. WHERE YOU ARE COVERED: • Coverage applies to vehicles rented anywhere in the world. • Coverage is not available where prohibited by law. WHAT IS NOT COVERED: Coverage does not apply to loss resulting from the following: • Any dishonest, fraudulent or criminal act of the Insured. • Forgery by the Insured. • Loss due to war or confiscation by authorities. • Loss due to nuclear reaction or radioactive contamination. • The Insured being intoxicated, as defined by the laws of the jurisdiction where the loss occurred, or under the influence of any narcotic unless prescribed by a physician. • Use of the Rented Automobile to carry passengers and property for hire. 22 - • Use of the Rented Automobile by a person other than the one authorized to operate the Rented Automobile by the terms of the Rental Agreement. • Loss of use of the Rented Automobile, • Intentional damage to the Rented Automobile by the Insured. • Damage which is due and confined to wear and tear, freezing, mechanical or electrical breakdown or failure. • Damage to tires unless the loss is coincident with a covered loss. • Use of the Rented Automobile in tests, races or contests. • The Rented Automobile being operated or located in any territory prohibited by the terms of the Rental Agreement. FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS: To the extent that this plan provides insurance against damage to a rented motor vehicle, the following terms and conditions apply: (1) the period of insurance coverage will not exceed 31 consecutive days, or 45 consecutive days if the Insured is an employee of an organization which has provided the Card to the Insured for business use; and (2) the insurance provided by this plan will be excess over any other valid and collectible insurance cover- ing the Rented Automobile. However, the insurance provided under this plan may be primary if specifically provided for under the terms of this plan and if the following criteria is met: (a) the Rented Automobile is rented for use outside the United States, its territories and possessions; (b) the Insured is an employee of an organization which has provided the Card to the Insured for business use; and (c) the Rented Automobile is rented without a driver. HOW TO FILE A CLAIM UNDER EXCESS COLLISION DAMAGE WAIVER: In the event of a claim, written or verbal notice must be provided as soon as reasonably possible. IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CLAIMS SERVICE CENTER AT 1-800-CLAIMS-0 (1-80252-4670). You can also go to the Company Web site (www.chubb.com), dick on Report a Loss, select Accident, Benefits and Life claims, select the appropriate form, print out the claim form, fill out and mail. You can file a claim by mail or fax Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES CLAIMS SERVICE CENTER 600 INDEPENDENCE PARKWAY PO BOX 4700 CHESAPEAKE, VA 23327.4700 Fax Number: 1-800-300.2538 CLAIM PROCEDURE: The Insured must send the Company written notice of a claim, including the Insured's name and Policy number, within 90 days after a covered loss occurs. If notice cannot be given within that time, it must be given as soon as reasonably possible. To file a sworn Proof of Loss, the Insured must send the following information to the Company or its authorized representative: • A copy of the Account statement showing the automobile rental transaction. • A copy of the automobile rental agreement. • A copy of the police report. • A copy of the initial claim report submitted to the automobile Rental Agency. • A copy of the paid claim presented by the automobile Rental Agency for the Collision Damage for which the Insured is responsible. -23- 10DCM0_02BOK_TL22AG0210_01361_reader. indd 25-26 12/15/09 1:36:44 PM • Proof of submission of the loss to, and the results of any settlement or denial by the applicable insurance carrier(s). • If no other insurance is applicable, a notarized statement from the Insured to that effect. Reminder: Please refer to the Insurance Disclosures section. INSURANCE DISCLOSURES As a handy reference guide, please read this document and keep it in a safe place with your other insurance documents. This Summary of Coverage is not a contract of insurance but is simply an informative statement to eligible Insureds of the principal provisions of the insurance while in effect. Complete provisions pertaining to this plan of insurance are contained in the master polity on file with DFS Services LLC, herein referred to as the Policyholder. If a statement in this Summary of Coverage and any provision in the policy differ, the policy will govern. Policy Underwritten By Plan Administrator Federal Insurance Company ("Company") The Direct Marketing Group, Inc. a member oft he 13265 Bedford Avenue Chubb Group of Insurance Companies Omaha, NE 68164 15 Mountain Yew Road, PO Box 1615 Warren, NJ 07061-1651 Master Policy Number: 9906.17-63 Effective date of benefits: Effective April 1, 2007, this guide replaces all prior disclosures, program descriptions, advertising, and/or brochures by any party. Policyholder and Company reserve the right to change the benefits and features of these programs at any time. Cancellation: Policyholder can cancel these benefits at any time or choose not to renew the insurance coverage for all authorized Cardmembers. If Policyholder does cancel these benefits, you will be notified at least 60 days in advance. If the Company terminates, cancels, or chooses not to renew the coverage to Policyholder, you will be notified as soon as is practicable, Insurance benefits will still apply for any benefits you were eligible for prior to the date of such terminations, cancellation, or non-renewal, subject to the terms and conditions of coverage. Benefits to you: These benefits apply only to Cardmembers whose cards are issued by U.S. financial institutions. The United States is defined as the 50 United States, the District of Columbia, American Samoa, Puerto Rico, Guam and the U.S. Virgin Islands. No person or entity other than the Cardmember shall have any legal or equitable right, remedy, or claim for insurance proceeds and/or damages under or arising out of this coverage. These benefits do not apply if your Card rivileges have been cancelled. However, insurance benefits will still apply for any benefit you were eligible for prior to the date that your Account is suspended or cancelled subject to the terms and conditions of coverage of your Cardmember Agreement. Transfer of rights or benefits: No rights or benefits provided under these insurance benefits may be assigned without the prior written consent of the Company. Misrepresentation and Fraud: Coverage of the Insured will be void if, at any time, the Insured has concealed or misrepresented any material fact or circumstance concerning this coverage or the subject thereof or the interest of the Insured herein, or in case of any fraud or false swearing by the Insured relating thereto. Coverage for an Insured will be void if, whether before or after a loss, the Policyholder or its subscribing organization(s) has concealed or -24- 10DCM0_02BOK_TL22AGO210_01361_reader, indd 27-28 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 persons will be automatically insured under this Policy. Examination Under Oath: It is a condition of this insurance that the Insured and the Policyholder, as often as may be reasonably required by the Company, will submit, and within its power cause others to submit, to examinations under oath and will produce for examination all writings, books of account, bills, invoices and other vouchers, or certified copies thereof if originals are lost, at such reasonable time and place as may be designated by the Company or its representative, and will permit extracts and copies thereof to be made. No such examination under oath, examination of documents or any other act of the Company, its employees or representatives in connection with the investigation of any loss or claim will be deemed a waiver of any defense and such acts shall be deemed to have been made or done without prejudice to the Company's liability. No Benefit to Others: This coverage will in no way inure directly or indirectly to the benefit of any insurer, person or organization or other bailee. Subrogation: It is a condition of this insurance that if the Company pays the Insured for a loss, it will require the Insured to assign and transfer any claim or right of action aggainst any individual, firm or corporation for such loss to the Company or subrogate or hold in trust all such rights to the extent of the amount paid. The Insured will agree to take action as requested by the Company to enforce such rights. Upon payment by the Company to the Insured, the Insured agrees to direct enforcement of such rights as reasonably requested by the Company and to return to the Company any recovery to the extent payment of loss has been made by the Company. Arbitration: In the event of a dispute under this policy, either the Company or the Insured may make a written demand for arbitration. In that case, the Company and the Insured will each select an arbitrator. The two arbitrators will select a third. if they cannot agree within 15 days, either the Company or the Insured may request that the choice of arbitrator be submitted to the American Arbitration Association. The arbitration will be held in the state of the Insured's principal residence. GLOBAL TRAVELER'S HOTLINE TERMS AND CONDITIONS The Global Traveler's Hotline provides Cardmembers and their families a wide range of free travel assistance benefits. It is operated by AXA Assistance USA, Inc. Visit Discovercard.comftravel to learn more. Eligibility. You must be a Cardmember whose Account is in good standing, the Cardmember's spouse or dependent child traveling with the Cardmember or an Authorized User of an Account in good standing. Third-Party Charges. Global Traveler's Hotline is not insurance, so you will be responsible for all third-party fees and expenses for services requested, such as professional or medical fees. Availability of Services. Certain services may not be available in all areas. Call us at 1-MDISCOVER (1-800-347-2683) for assistance or if you have questions about a specific destination. Outside the U.S., call us collect at 1-801-902-3100. While AXA Assistance will make every reasonable effort to provide the services, neither AXA Assistance nor Discover Bank or our respective affiliates will be liable if a service is not provided or for any services that are provided by third parties. The services and these terms and conditions are subject to change without notice. -25- 12/15/09 1:36:44 PM EXHIBIT "B" New Balance O Minimum Payment Due Account Number ending in 8109 VER $3,137.02 DISC $63.00 Enter Amount Enclosed Below Payment Due Date $ June 28, 2009 Please make check payable to Discover Card or pay online @ Discovercard.com. 03 SDSN6A01 0001213 JOSEPH RUANE go paperless and make your account 133 WESTGATE DR information more secure with password- protected statements only you can access. NT HOLLY SPGS PA 17065-2010 Learn more at discover.comlpaperless. PO BOX 71084 11111111011111111 r 11111 roll CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? Print change in space 110111111111111111111r111110 11111 0 1 0 11111111r11111111ro1111111 above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. Discover More Card Account Summary Closing Date: June 3, 2009 page 1 of 1 Account number ending in 8109 Previous Balance $0.00 Payment Due Date June 28, 2009 Payments And Credits 0.00 Minimum Payment Due $63.00 Purchases + 0.00 Credit Limit $3,200.00 Cash Advances + 0.00 Credit Available $62.00 Balance Transfers + 3,040.00 Cash Credit Limit $1,600.00 Finance Charges + 97.02 Cash Credit Available $62.00 New Balance $3,137.02 You may be able to avoid Periodic Fina nce Charges, see the reverse side for details. Cashback BonuSe Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0,00 Cashback $onus® Anniversary Month: May Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(R). How Can We Hel You? p I Visit Discover.com to pay your bill for no cost, view our latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call I-800-DISCOVER (347-2683) for fast easy self-service Please have your Discover Card available. , options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Balance Transfers May 18 May 18 CAPITAL ONE XXXXXXXXXXYX888I PE NC $ 3,040.00 APR 3.99% EXPIRES 04/2013 May 18 May 18 BAL TRANS TRANSACTION FEE FINANCE CHARGE 91.20 Finance Charge Summary Average Daily Nominal Transaction ANNUAL ANNUAL Periodic Fee Daily Periodic Balances Rates PERCENTAGE PERCENTAGE FINANCE FINANCE RATES RATES CHARGES CHARGES current billing period: 25 days Purchases $0 0.00000% 0.00% F 0.00% $0 $0 Cash Advances $0 0.06573% 23.99% F 23.99% $0 $0 Balance Transfers $2131.07 0.01093% 3.99% F 38.29% $5.82 $91.20 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Save time. Pay your bill online. It's easy, convenient, secure and free. Just log in or register at the Account Center on Discover.com and your payment will be posted the same business day- up to 5 pm Eastern time. cD New Balance Minimum Payment Due Account Number ending in 8109 DISCOVER $3,082.25 $62.00 Enter Amount Enclosed Below Payment Due Date $ L July 29, 2009 Please make check payable to Discover Card or pay online @ Discovercard.com. 03 SDSN6A01 0001214 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA 17065-2010 Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.conVpaperiess. PO BOX 71084 Ill lrrllrrr lllrrrrllllrrsll CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? Print change in space lr?lillrrlrirl?llrrrlrilrlrrrllllriilriliilrrllriliilrilili?ll above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. Discover More Card Account Summary Closing Date: July 3, 2009 page 1 of 1 Account number ending in 8109 Previous Balance $3,137.02 Payment Due Date July 29, 2009 Payments And Credits 65.00 Minimum Payment Due $62.00 Purchases + 0.00 Credit Limit $3,200.00 Cash Advances + 0.00 Credit Available $117.00 Balance Transfers + 0.00 Cash Credit Limit $1,600.00 Finance Charges + 10.23 Cash Credit Available $117.00 New Balance $3,082.25 You may be able to avoid Periodic Fina nce Charges, see the reverse side for details. Cashback Bonuse Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.0 0 Cashback Bonus Balance $ 0100 Cashback BonusO Anniversary Month: May Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(R). How Can We Hel You? p 1. Visit Discover.com to pay your bill for no cost, view your l It's your choice - 3 ways to help atest Account information, earn and redeem rewards and more 2. Call 1.800-DISCOVER (347-2683) for fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 8,4130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Jun 26 Jun 26 PAYMEN T -THANK YOU $ -65.00 Information For You Earn 5% Cashback Bonus from now through September on Gas, Hotels, Theme Parks, Zoos and Bookstores on up to $300 in purchases. Sign up now at Discover.com or call 1-800-DISCOVER (1-800.347-2683). Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Transaction Periodic Fee Daily Balances Periodic Rates PERCENTAGE PERCENTAGE RATES RATES FINANCE FINANCE _ CHARGES CHARGES current billing period: 30 days Purchases $0 0.00000% 0.00% F 0.00% $0 $0 Cash Advances $0 0.06573% 23.99% F 23.99% $0 $0 Balance Transfers $3124.64 0.01093% 3.99% F 3.99% $10.23 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Fall fashions breaking the bank? Shop back-to-school sales through our exclusive online shopping site ShopDiscover(SM)I Earn 5% to 20% Cashback Bonus(R) at your favorite online retailers like Gap, Lands' End, JCPenney and many more. Visit n.,..,,,e, ,.,,m i<t,- ,,,a..n c CD New Balance Minimum Payment Due Account Number ending in 8109 DISCOVER $3,027.63 $61.00 Enter Amount Enclosed Below Payment Due Date $ 1 -1 August 29, 2009 Please make check payable to Discover Card or pay online Q Discovercard.com. 03 SDSN6A01 0001215 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA 17065-2010 Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. Discover More Card Account Summary Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.com/paperless. PO BOX 71084 1llur11ur111IM11r1nr11 CHARLOTTE NC 28272-1084 (n(i(?n(ni?r?(m(n?i(ui(?i?m(niu(ni(n?n(n(i?u?i Closing Date: August 3, 2009 page 1 of 1 Account number ending i n 8109 Previous Balance $3,082.25 Payment Due Date August 29, 2009 Payments And Credits - 65.00 Minimum Payment Due $61.00 Purchases + 0.00 Credit Limit $3,200.00 Cash Advances + 0.00 Credit Available $172.00 Balance Transfers + 0.00 Cash Credit Limit $1,600.00 Finance Charges 10.38 Cash Credit Available $172.00 New Balance $3,027.63 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Cashback Bonuse Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.0 0 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Month: May Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(R). How Can We Hel YOU? p 1. Visit Discover.com to pay your bill for no cost, view your l It's your choice - 3 ways to help atest Account information, earn and redeem rewards and more 2. Call 1-800-DISCOVER (347-2683) for fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3' Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guaran tee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Jul 26 Jul 26 PAYMEN T - THANK YOU $ -65.00 Information For You This month, the featured Cashback Banus(R) Redemption Partner is Bed Bath & Beyond(R). Redeem $20 Cashback Bonus for a $25 Bed Bath & Beyond gift card. Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily Balances Periodic Rates PERCENTAGE RATES PERCENTAGE RATES FINANCE FINANCE current billing period: 31 days CHARGES CHARGES- Purchases $0 0.00000% 0.00% F 0.00% $0 $0 Cash Advances $0 0.06573% 23.99% F 23.99% $0 $0 Balance Transfers $3068.42 0.01093% 3.99% F 3.99% $10.38 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above New Balance I Minimum Payment Due Account Number ending in 8109 DISC -NER $2,972.84 $60.00 Enter Amount Enclosed Below Payment Due Date $ September 28, 2009 Please make check payable to Discover Card or pay online @ Discovercard.com. 03 SDSN6A01 0001216 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA 17065-2010 Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.comlpaperless. PO BOX 71084 11111/1111 ki11111111r 111111 CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to 111111111111111111111111111111111111111111111111r 1111111111111 receive important Account information and special offers. Discover More Card Account Summary Closing Date: September 3, 2009 page 1 of 1 Account number ending in 8109 Previous Balance $3,027.63 Payment Due Date September 28, 2009 Payments And Credits - 65.00 Minimum Payment Due $60.00 Purchases + 0.00 Credit Limit $3,200.00 Cash Advances + 0.00 Credit Available $227.00 Balance Transfers + 0.00 Cash Credit Limit $1,600.00 Finance Charges + 10.21 Cash Credit Available $227.00 New Balance $2,972.84 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Cashback Bonus® Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Month: May Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(R). How Can We Hel You? p 1 • Visit Discover.com to pay your bdt for no cost, view your l ' atest Account information, earn and redeem rewards and more It s your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) for fast easy self-service Please have your Discover Card available. , options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3. Write us of Discover Card, PO Box 30943, Self Lake City, UT 8,4130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Aug 27 Aug 27 PAYMEN T- THANK YOU $ -65.00 Information For You Enroll in Paperless Statements for your chance to win big. Go paperless and you can win up to $15,000 cash! Learn more at Discover.com/sweepstakes. Finance Charge Summary Average Daily Dail P i di Nominal Transaction ANNUAL ANNUAL Periodic Fee PERCENTAGE y er o c Balances Rates PERCENTAGE FINANCE FINANCE RATES _ RATES _ CHARGES CHARGES current billing period. 31 days Purchases $0 0.00000% Cash Advances $0 0.06573% 0.00% F 0.00% $0 $0 23.99% F 23.99% $0 $0 Balance Transfers $3015.81 0.01093% 3.99% F 3.99% $10.21 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above DISCOVER New Balance Minimum Payment Due Account Number ending in 8109 $2,917,53 $59.00 J Enter Amount Enclosed Below Payment Due Date $ October 29, 2009 Please make check payable to Discover Card or pay online @ Discovercard.com. 03 SDSN6A01 0001217 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA 17965-2010 Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.com/paperiess. PO BOX 71084 Ill 111 1111111111111111 111111 CHARLOTTE NC 28272-1084 1n11111111111111111111 11lmllllnrlnlnL11Ir111111111lrrll Discover More Card Account Summary Closing Date: October 3, 2009 page 1 of 1 Account number ending in 8109 Previous Balance $2,972.84 Payment Due Date October 29, 2009 Payments And Credits 65.00 Minimum Payment Due $59.00 Purchases + 0.00 Credit Limit $3,200.00 Cash Advances + 0.00 Credit Available $282.00 Balance Transfers + 0.00 Cash Credit Limit $1,600.00 Finance Charges + 9.69 Cash Credit Available $282.00 New Balance $2,917.53 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Cashback Bonuse Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.0 0 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Month May Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(R). How Can We Hel You? p I Visit Discover.com to pay your bill for no cost, view your l atest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) for fast easy self-service Please have your Discover Card available , options or to speak with a Customer Service Account Manager For TDD (assistance For hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943, Salt Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Sep 25 Sep 25 PAYMENT -THANK YOU $ -65.00 Information For You Enroll in Paperless Statements for your chance to win big. Go paperless and you can win up to $15,000 cash!. Learn more at Discover.com/sweepstakes. Finance Charge Summary Average Daily Nominal Transaction ANNUAL ANNUAL Periodic Fee Daily Periodic Balances Rates PERCENTAGE PERCENTAGE FINANCE FINANCE RATES RATES CHARGES CHARGES current billing period: 30 days Purchases $0 0.00000% 0.00% F 0.00% $0 $0 Cash Advances $0 0.06573% 23.99% F 23.99% $0 $0 Balance Transfers $2958.04 0.01093% 199% F 3.99% $9.69 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above New Balance D' Minimum Pa yment Due Account Number ending in 8109 VER $2,867.38 r7?r:1 ?7\.r :1 $58.00 Enter Amount Enclosed Below Payment Due Date $ November 28, 2009 Please make check payable to Discover Card or pay online @ Discovercard.com. 03 SDSN6A01 0001218 JOSEPH RUANE Go paperless and make your account 133 WESTGATE DR information ore secure with password- pprotectedstmatementsonly youcanaccess, MT HOLLY SPGS PA 17065-2010 Learnmoreatdiscover.com/paperiess. PO BOX 71084 Illrrrllrrr?lrrrrrllrlrrrl? CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. Discover More Card Account Summary Closing Date: November 3, 2009 page 1 of 2 Account number ending in 8109 Previous Balance $2,917,53 Payment Due Date November 28, 2009 Payments And Credits 60.00 Minimum Payment Due $58.00 Purchases + 0.00 Credit Limit $3,200.00 Cash Advances + 0.00 Credit Available $332.00 Balance Transfers + 0.00 Cash Credit Limit $1,600.00 Finance Charges + 9.95 Cash Credit Available $332.00 New Balance _ $2,867.38 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Cashback Bonuse Opening Cashback Bonus Balance $ 0.00 New Cash6ack Bonus This Period + 0.0 0 Cashback Bonus Balance $ 0.00 Cashback BonusO Anniversary Month: May How Can We Hel You? p 1. Visit Discover.com to pay your bill for no cost, view our latest Account information earn and redeem rewards and more It's your choice - 3 ways to help , 2. Call 1-800-DISCOVER (347-2683) for Fast easy ,IF service Please have your Discover Card available. , options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3. Write us at Discover Card, PO Box 30943, SaM Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Oct 28 Oct 28 PAYMENT - THANK YOU $ -60.00 Information For You This month, the featured Cashback Bonus(R) Redemption Partner is Bed Bath & Beyond(R). Redeem $20 Cashback Bonus for a $25 Bed Bath & Beyond gift card. Finance Charge Summary Average Daily Nominal Transaction ANNUAL ANNUAL Periodic Fee Daily Periodic Balances Rates PERCENTAGE PERCENTAGE FINANCE FINANCE RATES RATES current billing period: 31 days _ CHARGES CHARGES Purchases $0 0.03011% 10.991% V 10.99% $0 $0 Cash Advances $0 0.06573% 23.99% F 2199% $0 $0 Balance Transfers $2908.75 0.01093% 3.99% F 3.99% $9.85 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Great holiday savings are just a click awayl Earn 5% to 20% Cashback Bonus(R) every day at over 150 top retailers like Sears, BestBuy.com, and Lands' End through our exclusive online shopping mall, ShopDiscover(SM). Just visit Disrover rnmLshnn tnclnvl DISCOVER Closing Date: JOSEPH RUANE November 3, 2009 Account number ending in 8109 page 2 of 2 Cashback Bonus ® Award Summary Cashback Bonus Anniversary Date: May 3 Balance Previous Cashback Bonus Award Balance $ 0.00 Purchase Award This Period + 0.00 Cashback Bonus Award Total 0.00 Cashback Bonus Award Balance Award Available to Redeem 0.00 0.00 Restrictions apply to the Cashback Bonus Partner offers visit Discover.com or call 1-800-DISCOVER (1-800-347-2683( for details. For program details, see the Cashback Bonus Program Terms and Conditions. C New Balance Minimum Payment Due Account Number ending in 8109 DISCOVER $3,131.74 j $63.00 Enter Amount Enclosed Below Payment Due Date $ December 29, 2009 Please make check payable to Discover Card or pay online @ Discovercard.com. 03 SDSN6A01 0001219 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA 17065-2010 Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.com/paperless. PO BOX 71084 111ns11n11111 CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? Print change in space ?r1?r??rl?lii?r?(111?r1?1?r11????i1r?11 ?rr(rr??ri?ir?rr?1(ii(? above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. Discover More Card Account Summary Closing Date: December 3, 2009 page 1 of 1 Account number ending in 8109 Previous Balance $2,867.38 Payment Due Date December 29, 2009 Payments And Credits 60.00 Minimum Payment Due $63.00 Purchases + 0 00 Credit Limit $3,200.00 Cash Advances . + 0 00 Credit Available $68.00 Balance Transfers . + 300.00 Cash Credit Limit $1,600.00 Finance Charges 24.36 Cash Credit Available $68.00 New Balance $3,131.74 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Cashback Bonuse Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.0 0 Cashback Bonus Balance $ 0.00 Cashback BonusO Anniversary Month: May Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(R). How Can We Hel You? 1 Visit Discover.com to pay your bill for no cost, view your p latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) for fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager 3 . Write us at y, UT 8r Card, PO Box 30943, For TDD (assistance for hearing impaired) see reverse side Salt Lake Citty, UT 8 4130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Dote Date Payments and Credits Nov 27 Nov 27 PAYMENT- THANK YOU $ -60.00 Balance Transfers Nov 10 Nov 10 BALANCE TRANSFER CHECK 0304 300.00 APR 0.00% EXPIRES 03/2010 Nov 10 Nov 10 BAL TRANS TRANSACTION FEE FINANCE CHARGE 15.00 Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily B l Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE a ances Rates RATES RATES _ CHARGES CHARGES current billing period: 30 days Purchases $0 0.03011% 10.99% V 10.99% $0 $0 Cash Advances $0 0.06573% 23.99% F 23.99% $0 $0 Balance Transfers $252.00 0.00000% 0.00% F 60.00% $0 $15 00 Balance Transfers $2857.91 0.01093% 3.99% F 3.99% $9.36 . $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above Great holiday savings are just a click awayl Earn 5% to 20% Cashback Bonus(R) every day at over 150 top retailers like Sears, BestBuy.com, and Lands' End through our exclusive online shopping mall, ShopDiscover(SM). Just visit C D New Balance t$6 mum Payment Due Account Number ending in 8109 DISCOVER $3,076.26 00 Enter Amount Enclosed Below Payment Due Date February 1, 2010 Please make check payable to Discover Card or pay online 0 Discovercard.com. 03 SDSN6A01 0001220 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA 17065-2010 Address, e-mail or telephone change? Print change in space above, or go to Discover.com. Print your e-mail address to receive important Account information and special offers. Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.com/paperless. PO BOX 71084 11111111 If l lIIIllrlI CHARLOTTE NC 28272-1084 11111lillI11111 1611 1 111 111111111 111l1 rlrr6ill11 rrLJ lr?ll Discover More Card Account Summary Closing Date: January 3, 2010 page 1 of 1 Account number ending in 8109 Previous Balance $3,131.74 Payment Due Date February 1, 2010 Payments And Credits 65.00 Minimum Payment Due $62.00 Purchases + 0.00 Credit Limit $3,200.00 Cash Advances + 0.00 Credit Available $123.00 Balance Transfers + 0.00 Cash Credit Limit $1,600.00 Finance Charges + 9.52 Cash Credit Available $123.00 New Balance = $3,076.26 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Cashback Bonuse Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 Cashback Bonus® Anniversary Month: May Keep building your rewards with every purchase. Start redeeming once you reach $20 Cashback Bonus(R). How Can We tiel 1 . Visit Discover.com to pay your bill for no cost, view our p You? latest Account information, earn and redeem rewards and more It's your choice - 3 ways to help 2. Call 1-800-DISCOVER (347-2683) for fast, easy self-service Please have your Discover Card available. options or to speak with a Customer Service Account Manager For TDD (assistance for hearing impaired) see reverse side 3. Write us of Discover Card, PO Box 30943, Soft Lake City, UT 84130 Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence. Trans. Post Date Date Payments and Credits Dec 29 Dec 29 INTERNET PAYMENT -THANK YOU $ -65.00 Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Transaction Fee Daily B l Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE a ances Rates RATES RATES CHARGES CHARGES current billing period: 31 days Purchases $0 0.0301 1 % 10.99% V 10.99% $0 $0 Cash Advances $0 0.06573% 23.99% F 23.99% $0 $0 Balance Transfers $312.09 0.00000% 0.00% F 0.00% $0 $0 Balance Transfers $2811.67 0.01093% 3.99% F 3.99% $9.52 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above New Balance Minimum Payment Due: Account Number ending in 8109 DISC VEK $3,020.63 $61.00 Enter Amount Enclosed Below Payment Due Date $ March 1, 2010 Please pay online 0 www.Discover.com or make check payable to Discover. 03 SDSN6A01 0001221 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA 17065-2010 Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.com/paperless. PO BOX 71084 111 1111111 11 CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? 111111111I111111111111111IMIIllll111i1111111111 lirliIlrlrrlI Go to www.Discover.com or print change in space above. Opening Date: January 4, 2010 - Closing Date: Febrt Discover More Card Account Summary Account number ending in 8109 Previous Balance $3,076.26 Payments And Credits - 65.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Finance Charges + 9.37 Other Fees t + 0.00 New Balance 3,020.63 See Finance Charge Summary section following transactions for detailed APR information Credit Line $3,200.00 Credit Line Available $179.00 - Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $179.00 You may be able to avoid Periodic Finance Charges, see the reverse side For details. t See transaction detail For a description of any fees charged. Cashback Bonuse Anniversary Month May Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 T. learn more, log in of www.Discover.com and select Rewards Transactions Trans. Post Date Date Payments and Credits Jan 30 Jan 30 PAYMENT -THANK YOU $ -65.00 Finance Charge Summary Average Daily Nominal ANNUAL ANNUAL Periodic Other Fee current billin eriod: 31 da Daily 9 P Ys Balances Periodic Rates PERCENTAGE RATES PERCENTAGE RATES FINANCE FINANCE CHARGES CHARGES Purchases $0 0.03011% 10.99% V 10.99% $0 $0 Cash Advances $0 0.06573% 23.99% 23.99% $0 $0 Balance Transfers $300.00 0.00000% 0.00% 0.00% $0 $0 Balance Transfers $2,770.32 0.01093% 3.99% 3.99% $9.37 $0 V = Variable Rate y 3, 2010 page 1 of 2 Payment Information New Balance $3,020.63 Minimum Payment Due $61.00 Payment Due Date March 1, 2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00 and your purchase APRs for new transactions may be increased up to the Default APR of 29.99% variable. Manage Your Account Online at www.Discover.com Securely access statements and free online tools, pay bills online and track and view all transactions simply and easily Make your money worth moresM-Find easy ways to earn and redeem cash rewards NEW] Access your account securely through your mobile phone 3 Easy Ways to Contact Us 1. Access your account securely at www.Discover.com 2. Call 1.800-DISCOVER (1-800-347-2683) Please have your Discover(& card available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 For TDD (Telecommunications Device for the Deal) assistance, please call 1-800.347-7449. See reverse side. DISCOVER DISCOVER' It pays to JOSEPH RUANE DISC ?SCyER Account number ending in 8109 page 2 of 2 Information For You Notwithstanding the payment due date on this statement, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing statement, we will not impose Periodic Finance Charges on new purchases first appearing on this billing statement, or any portion of a new purchase, paid within 25 days of the Closing Date on this billing statement. Every Purchase Counts! Every time you use your Discover(R) card, you earn cash rewards automatically. Use your card for everyday purchases, monthly bill payments or for something special. Make your money worth more - today and every day! Questions? Visit www.Discover.com or 11 1 - „ - - n" DISCOVER' C New Balance DISC VER° Minimum Payment Due ' Account Number ending in 8109 $2,963.95 . $60.00 Enter Amount Enclosed Below Payment Due Date $ April 1, 2010 please pay online 0 www.Discover.com or make check payable to Discover. 03 SDSN6A01 0001222 JOSEPH RUANE Go paperless and make your account 133 WESTGATE DR information more secure Mthpassword- pprotected statements only you can access. MT HOLLY SPGS PA 17065-2010 Learnmoreatdiscover.com/paperless. PO BOX 71084 111 rr rill rr ll rr If rill 11111 ll CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? lrtlrllrtlrrrlr?lrrrltr?rltrr?lllrtt?rr(tt?ttl?trltr?rr?t?ttll Go to www.Discover.com or print change in space above. Opening Date: February 4, 2010 - Closing Date: March 3, 2010 Discover More Card Account Summary Account number ending in 8109 Previous Balance $3,020.63 Payments And Credits 65.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Finance Charges + 8.32 Other Fees t + 0.00 New Balance ---- -- 2,963.95 See Finance Charge Summary section following transactions for detailed APR information Credit Line $3,200.00 Credit Line Available $236.00 Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $236.00 You may be able to avoid Periodic Finance Charges, see the reverse side for details. t See transaction detail for a description of any fees charged. Cashback Bonuse Anniversary Month May Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at www.Discover.com and select Rewards 3 Easy Ways to Contact Us 1. Access your account securely at www.Discover.com 2. Call 1-800-DISCOVER (1-800-347.268Please have your Discover® card available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 For TDD (Telecommunications Device for the Deal) assistance, please call 1-800-347-7449 page 1 of 2 Payment Information New Balance $2,963.95 Minimum Payment Due $60.00 Payment Due Date April 1, 2010 Lab 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 15.99% 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 wt1l payoff And yaU will end If you would like information about credit counseling services, call 1-800-347-1121. C1iHontitcharges he€>alonceshown u?rpayingan using this cold and on }fus statement estimated total of_ aeh month yoV Pay ,; in about. Only the minimum 13 years $4,146 payment $88 3 years 3'178 (Savings = $968 ) Manage Your Account Online at www.Discover.com Access free online tools like Paydown Planner to create a plan to pay down your balance, securely access statements, pay bills online and easily track all transactions Make your money worth moreSM-find easy ways to earn and redeem cash rewards NEWT Access your account securely through your mobile phone Date Date Transactions Trans. Post Payments and Credits Feb 26 Feb 28 PAYMENT -THANK YOU $ -65.00 See reverse side. - niscwFR* DISCOVER u pays ro JOSEPH RUANE DESC'VER Account number ending in 8109 page 2 of 2 Finance Charge Summary Average Daily current billing period: 28 days Balances Purchases $0 Cash Advances $0 Balance Transfers $291.28 Balance Transfers $2,724.07 V = Variable Rate Nominal Other Daily ANNUAL ANNUAL Periodic Fee Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Rates RATES RATES CHARGES CHARGES 0.03011% 10.99% V 10.99% $0 $0 0.06573% 23.99% 23.99% $0 $0 0.00000% 0.00% 0.00% $0 $0 0.01093% 3.99% 3.99% $8.32 $0 Information For You Notwithstanding the payment due date on this statement, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing statement, we will not impose Periodic Finance Charges on new purchases first appearing on this billing statement, or any portion of a new purchase, paid within 25 days of the Closing Date on this billing statement. This month, the featured Cashback Bonus(R) Redemption Partner is Bed Bath & Beyond(R). Redeem $20 Cashback Bonus for a $25 Bed Bath & Beyond gift card. See the entire year's worth of expenses. The year end summary can streamline the way you manage your expenses by showing you every transaction on your Discover Card account throughout the calendar year. Online you'll see the total amount of all your transactions, including payments, purchases, and credits. Go to Discover.com/summary today) Questions? Visit www.Discover.com or call 1-800-DISCOVER (1-800-347-2683. DISCOVER DISCOVER 03 SDSN6A01 0001223 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA New Balance Minimum Payment Due $2,915.41 $59.00 Payment Due Date May 1, 2010 17065-2010 Account Number ending in 8109 Enter Amount Enclosed Below Pay online at www.Discover.com or make check payable to Discover. Phone and internet payments must be made by 5:OOpm ET For same day posting. Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.comlpaperless. PO BOX 71084 lllrrrllrrr Ilea rill IIIII III CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? ?iilrllrr?rrrlil?iiilrilrlriil?llrri?riliilrr??ri?rilri?ilii?l Go to www.Discover.com or print change in space above. Opening Date: March 4, 2010 - Closing Date: April 3 Discover More Card Account Summary Account number ending in 8109 Previous Balance $2,963.95 Payments And Credits 60.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Finance Charges + 11.46 Other Fees t + 0.00 New Balance 2,915,41 See Finance Charge Summary section following transactions for detailed APR information Credit Line $3,200.00 Credit Line Available $284,00 Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $284.00 You may be able to avoid Periodic Finance Charges, see the reverse side For details. t See transaction detail for a description of any fees charged. Cashback Bonus" Anniversary Month May Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To learn ors, log in m www.Discover.com and select Rewards 3 Easy Ways to Contact Us 1. Access your account securely at www.Discover.com 2. Call 1-800-DISCOVER (1-800-347-2683 Please have your Discover® card availab e. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. page t or t Payment Information New Balance $2,915.41 Minimum Payment Due $59.00 Payment Due Date May 1, 2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00 and your purchase APRs for new transactions may be increased up to the Default APR of 15.99% 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: would like information about credit counseling services, services, call 1-800-347-112 1. Manage Your Account Online at www.Discover.com Access free online tools like Paydown Planner to create a plan to ay down your balance, securely access statements, pay bills online and easily track all transactions Make your money worth moresm-find easy ways to earn and redeem cash rewards NEW! Access your account securely through your mobile phone Transactions Trans. Post Date Date Payments and Credits Apr 1 Apr 1 PAYMENT - THANK YOU $ -60.00 I E 'y pu make wiH end c1?l ''. ustttq this card and on fhia statement estimated total pf,. pch month you pay ,.. in alaout..:. Only the minimum 13 years $4,085 payment $87 3 years 3,125 (Savings = $960 ) If you See reverse side. DISCOVER' p DISC VEK r j Q Pays to ' Ac JOSEPH RUANE count number endin i 8109 , DI SCOV SC ER _j g n page 2 of 2 Finance Charge Sum mary Nominal Other Average Daily ANNUAL ANNUAL Periodic Fee current billing period: 31 days Daily Balances Periodic Rates PERCENTAGE PERCENTAGE RATES RATES FINANCE CHARGES FINANCE CHA GES Purchases $240.08 0.03011% 10.99% V 10.99% $2.24 $0 Cash Advances $0 0.06573% 23.99% 23.99% $0 $0 Balance Transfers $2,723.60 0.01093% 3.99% 3.99% $9.22 $0 V = Variable Rate Information For You Share money, not your credit line. Quickly share spending money with those who rely on you. The Current(SM) by Discover(R) debit card has customizable spending limits & $0 fraud liability so teens can't overspend or lose their cash. First month FREE (up to a $15 value) with Promo Code SM410 at CurrentbyDiscover.com. Offer expires 5/31 /10. Questions? visit www.Discover.com or call 1-800-DISCOVER ? 1 -800-347-2683). DISCOVER C?'` New Balance DISCOVER` $ Minimum Payment Due Account Number ending in 8109 2,866.35 $58.00 Enter Amount Enclosed Below Payment Due Date $1 June 1, 2010 Pay online at www.Di3cover.com or make check payable to Discover. Phone and internst payments must be made by 5:00pm ET for some 03 SDSN6A01 0001224 day posting. JOSEPH RUANE Go paperless and make your account 133 WESTGATE DR information more secure with password- protected statements only you can access. MT HOLLY SPGS PA 17065-2010 Learn more at discover.com/paperiess. PO BOX 71084 Ill 11 al l r r r l l rrrrrllrlrrrll CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? Irrlrllrrlrrrlrllrrrlrrlrlrrrllllloll rrlloll rllrrlrrlrtlrlrrl1 Go to www.Discover.com or print change in space above. !010 page 1 of 2 Opening Date: April 4, 2010 - Closing Date: May 3, ; Discover More Card Account Summary Account number ending in 8109 Previous Balance $2,915.41 Payments And Credits - 60.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Finance Charges + 10.94 Other Fees t + 0.00 New Balance $2,866.35 See Finance Charge Summary section following transactions for detailed APR information Credit Line $3,200.00 Credit Line Available $333.00 Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $333.00 You may be able to avoid Periodic Finance Charges, see the reverse side for details. t See transaction detail for a description of any fees charged. Cashback Bonuse Anniversary Month May Opening Cashback Bonus Balance $ 0,00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in of www.Discover.com and select Rewards Payment Information New Balance $2,866.35 Minimum Payment Due $58.00 Payment Due Date June 1, 2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00 and your purchase APRs for new transactions may be increased up to the Default APR of 15.99% 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: (Savings= $943 ? If you would like information about credit counseling services, call 1-800.347-1 121. IFyav rflake no You will pay aft k'nd you will end ddingnai charges the balance shown up paying an using this card and onfhfa atafement esfiFnSpted total of Gtclt rtloritf7.?bLr pay ;'.. inabout .:. Only the minimum 13 years $4,024 payment $86 3 years 3,081 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 fools like Paydown Planner to create a plan 2. Call 1-800-DISCOVER (1-800-347-2683 Please have your Discover®card available. to ay down your balance, securely access statements, pay bills online and easily track all transactions 3. Write to us at Discover, PO Box 30943, Salt Lake City UT 84130 Make your money worth moreS^?-find easy ways to earn , and redeem cash rewards For TDD (Telecommunications Device for the Deaf) assistance please call 1-800-347-7449 NEWT Access your account securely through your , . mobile phone Transactions Trans. Post Date Date Payments and Credits May 1 May 1 PAYMENT - THANK YOU $ -60.00 Jee reverse side. DISCOVER ccounRUANE Persto JOSEPH DISCOVER ti A DISCVERAccount number ending in B 109 page 2 of 2 Finance Charge Summary Nominal Other Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE current billing period' 30 days Balances Rates RATES RATES CHARGES FINANCE CHARGES Purchases $242.20 0.03011% 10.99% V 10.99% $2.19 $0 Cash Advances $0 0.06573% 23.99% 23.99% $0 $0 Balance Transfers $2,672.50 0.01093% 3.99% 3.99% $8.75 $0 V = Variable Rate Information For You Safeguard your identity. Identity Theh Protection provides daily 3-bureau credit reports monitoring and alerts you of key changes that may help you identify potential fraud. Visit Discover.com/identitytheBprotection to learn more or to enroll. Discover)R) gift cards are easy gifts Dads and Grads love. Add a personal touch with a matching gift card and greeting card combo. Even save $2 with promo code GIFT2 at DiscoverGiftCard.com through 6/30/10. After 12 months of consecutive inactivity, Discover will begin to assess at $2.50 monthly dormancy fee. With tightening lending standards, it's never been more important to stay on top of your score. Credit ScoreTracker helps you understand what may be affecting your credit rating. Visit Discover.com/creditscoretracker or call 1-866-256-4532 to learn more or to enroll. Questions? Visit www.Discover.com or call 1-800-DISCOVER (1-800-347-2683). DISCOVER DISC VEK 03 SDSN6A01 0001225 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA New Balance Minimum Paymeni Due $2,817.48 $57.00 Payment Due Date July 1, 2010 17065-2010 Account Number ending in 8109 Enter Amount Enclosed Below $ 1? Pay online at www.Discover.com or make check payable to Discover. Phone and internst payments must be made by 5:00pm ET for some day posting. Go paperless and make your account information more secure with password- protected statements only you can access. Learn more at discover.comlpaperless. PO BOX 71084 11111111 lrrrllrrrsrllrlrrrll CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? ?rilrllrilrir?il? rr?ri?llirrl?l?rrr?rilirlrrl?i?l?ili lrliil? Go to www.Discover.com or print change in space above. Opening Date: May 4, 2010 - dosing Date: June 3, 2 Discover More Card Account Summary Account number ending in 8109 Previous Balance $2,866.35 Payments And Credits - 60.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Finance Charges + 11.13 Other Fees t + 0.00 New Balance 2,8-17 See Finance Charge Summary section following transactions For detailed APR information Credit Line $3,200.00 Credit Line Available $382.00 Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Avai lable $382.00 You may be able to avoid Periodic Finance Charges, see the reverse side for details. tSee transaction detail for a description of any fees charged. Cashback Bonuse Anniversary Month May Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at www.Discover.com and select Rewards 3 Easy Ways to Contact Us 1. Access your account securely at www.Discover.com 2. Call 1-800-DISCOVER (1-800-347-2683 Please have your Discover®card available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 For TDD (telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. viv page i or z Payment Information New Balance $2,817.48 Minimum Payment Due $57.00 Payment Due Date July 1, 2010 Lab 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 15.99% 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: ouch month' you pay - to about would like no e information Yormation about credit counseling services, call 1-800-347-1121. Manage Your Account Online at www.Discover.com Access Free online tools like Paydown Planner to create a plan to pay down your balance, securely access statements, pay bills online and easily track all transactions Make your money worth moresm-find easy ways to earn and redeem cash rewards NEW! Access your account securely through your mobile phone Transactions Trans. Post Date Date Payments and Credits May 29 May 29 PAYMENT - THANK YOU $ -60.00 F yoV make ou.wilF ?y aft And you will and addihanpl charges the balonca shown up ppymg pri usl»g this card and on this sfgtnment 6ytlmated iotai of , .; Only the minimum 13 years $3,961 payment $84 3 years 3,037 (Savings = $924 ) If you See reverse side. DISCOVER' D?SC VER It pays 1 JOSEPH RUANE Account number ending in 8109 DISCOV ER page 2 of 2 Finance Charge Summary Nominal Other Average Daily ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE current billing period: 31 days Balances Rates RATES _ RATES CHARGES CHARGES Purchases $243.14 0.03011% 10.99% V 10.99% $2.27 $0 Cash Advances $0 0.06573% 23.99% 23.99% $0 $0 Balance Transfers $2,616.99 0.01093% 3.99% 3.99% $8.86 $0 V = Variable Rate Information For You This month, the featured Cashback Bonus(R) Redemption Partner is Bed Bath & Beyond(R). Redeem $20 Cashback Bonus for a $25 Bed Bath & Beyond gift card. Identity Theft Protection provides daily 3-bureau credit file monitoring and alerts you of key changes that may help you identify potential fraud. Visit Discover.com/identitytheftprotection or call 1.866-515-5302 to learn more or to enroll. Discover's Wallet Protection helps notify card issuers & monitors your credit activity for 90 days if your wallet is lost/stolen. Visit Discover.com/walletprotection or call 1.877-623-8014 to learn more or to enroll. Questions? Visit www.Discover.com or call 1-800-DISCOVER (1-800-347-2683(. DISC*VER DIS07-NEI 03 SDSN6A01 0001226 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA New Balance Minimum Payment Due': $2,867.13 $11400 ---- - --a-ym-ent---afa P Due D August 1, 2010 17065-2010 010 PO BOX 71084 Illrrrllrrrllrrrrrllrlrrrll CHARLOTTE NC 26272-1084 Address, e-mail or telephone change? I1r 1111111111111111111111111111111111 []111 1 H III I III 1111111111 Go to www.Discover.com or print change in space above. Opening Date: June 4, 2010 - Closing Date: July 3, 2 Discover More Card Account Summary Account number ending in 8109 Previous Balance $2,817.48 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 10.65 Fees Charged + 39.00 New Balance 2,867.13 See Interest Charge Calculation section fo llowing transactions for detailed APR information Credit Line $3,200,00 Credit Line Available $332.00 Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $332.00 You may be able to avoid Interest charges, see Additional Important Information for details. Cashback Bonuse Anniversary Month May Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at www.Discovencorn 3 Easy Ways to Contact Us 1. Access your account securely at vww.Discover.com 2. Call 1-800-DISCOVER (1-600-347-2683) Please have your Discover®card available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Carol Stream, IL 601 9 7-6 1 03 For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. Account Number ending in 8109 Enter Amount Enclosed Below Please make check payable to Discover Card Minimum yment due includes a past due amount of $57.00. Phone and internal payments must be made by 5:00pm ET for some day posting. ! -?s Please see "Notice of Changes to your Interest Rates" section Page 1 of 2 Payment Information New Balance $2,867.13 Minimum Payment Due" $114.00 Payment Due Date August 1, 2010 'Includes past due amount of $57.00 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 15.99% 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: t you make i q YaLON pay off the :An you w ti end additional charges balance shown on up paying pn sing this card and $ is statement in bstlmated total of each month you pay abcvt, Only the minimum 13 years $4,022 payment IF you would like information about credit counseling services, call 1-800-3,47-1121. Manage Your Account Online at www.Discover.com • Access free online tools like Paydown Planner to create a plan to pay down your balance, securely access statements, pay bills online and easily track all transactions • Make your money worth more sm-find easy ways to earn and redeem cash rewards • NEW! Access your account securely through your mobile phone Transactions Trans. Post Date Date Fees Jul 1 Jul 1 LATE FEE $ 39.00 TOTAL FEES FOR THIS PERIOD 39.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 2.20 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 8.45 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISCOVER ups ro JOSEPH RUANE L R ? VER Account number ending in 8109 page 2 of 2 L_ Notice of Changes to Your Interest Rates You have triggered the Penalty APR of 15 with the market based on the Prime Rate.* follows: Purchases made on or after 7/23/10: As of 9/4/10, the Penalty APR will apply to these purchases (unless a promotional rate applies). We will keep the APR at this level indefinitely. Purchases made before 7/23/10 and other transactions: Current rates will continue to apply to these purchases and transactions. *This Annual Percentage Rate ("APR") equals the U.S. Prime Rate + 12.74% (corresponding daily periodic rate of 0.04381 %). 99% on new transactions. This APR will vary This change will impact your account as Interest Charge Calculation Your Annual Percentage Rate )APR) is the annual interest rate on your account. Current Billing Period: 30 days TYPE OF BALANCE Purchases Cash Advances Balance Transfers V = Variable Rate Additional Important Information See your Cardmenri 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 If You Think You Find A Mistake On Your Statement f you think there is an error on your statement, write to us at: Discover, PO Box 30421, Salt Lake City, UT 84 1 30-042 1. In your letter, give us the following information: Account information: Your name and account number. Dollar amount The dollar amount of the suspected error. Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the Following must be true. 1 . The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you , or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. if all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at. Discover, PO Box 30945, Salt Lake City, UT 84130-0945 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think YOU owe an amount and you do not pay we may report you as delinquent. Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic fund transfer from your account at the financial institution indicated on your check or to process the payment as a check transaction. If 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 same day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment to any other address or if you use an envelope other than the one provided. Payments received in proper form at our processing facility by 5PM local time on any day will be credited to your Account as of that day. Payments received at our processing facility after 5PM local time will be credited to your Account as of the next day. If you have misplaced your envelope, send your payment to Discover, PO Box 6103, Carol Stream, IL 601 97-6 1 03. Please allow 7-10 days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. AANN ?AALL PERCENTAGE ALAN EREST SUBJECT TO INTEREST CHARGE RATE RATE 10.99% V $243.76 $2.20 23.99% $0 $0 3.99% $2,578.86 $8.45 NOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISC*VEI DISCOVER 03 SDSN6A010001227 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA New Balance Minimum Payment Due $2,917.55 $172.00 Payment Due Date September 1, 2010 17065-2010 2010 PO BOX 71084 111 loll 11111111111111111111 CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? Go to www.Discowr.com or print change in space above. Opening Date: July 4, 2010 - Closing Date: August 3 Discover More Card Account Summary Account number ending in 8109 Previous Balance $2,867.13 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 1 1 .42 Fees Charged + 39.00 New Balance ,917355 See Interest Charge Calculation section follow ing transactions for detailed APR information Credit Line $3,200.00 Credit Line Available $282.00 Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $282.00 You may be able to avoid Interest Charges, see Additional Important Information for details. Cashback Bonus® Anniversary Month May Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at www.Dismver.com 3 Easy Ways to Contact Us 1. Access your account securely at www.Discover.com 2. Call 1-800-DISCOVER (1-800-347-2683) Please have your Discover®card available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Carol Stream, IL 60197-6103 For TDD (Telecommunications Device for the Deal) assistance, please call 1-800-347-7449. Account Number ending in 8109 Enter Amount Enclosed Below $ 1 Please make check payable to Discover Card. Minimum yment due includes a past due amount of $114.00. Phone and internst payments must be made by 5:00pm ET for same day stin . Gopa?ierless and make your account information more secure with password- protected statements only you can access. Learn more at discover.comlpaperless. page 1 of 2 Payment Information New Balance $2,917.55 Minimum Payment Due* $172.00 Payment Due Date September 1, 2010 *Includes past due amount of $114.00 Late Payment Waning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00 and your purchase APRs for new transactions may be increased up to the Penalty APR of 15.99% variable. Minimum Payment Waning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you Tn y6 no You wiff p'i+W* 6n' 'you waft end ddihongl chorgps balance sf own on up ppylr18 an using this card and this statement in estimated total of ch month you pay ; abpvt. Only the minimum 13 years $4,084 payment If you would like information about credit counseling services, call 1-800-347-112 1. Manage Your Account Online at www.Discover.COM • Access free online tools like Paydown Planner to create a plan to pay down your balance, securely access statements, pay bills online and easily track all transactions • Make your money worth moresm - Find easy ways to earn and redeem cash rewards • NEWI Access your account securely through your mobile phone Transactions Trans. Post Date Date Fees Aug 1 .Aug 1 LATE FEE TOTAL FEES FOR THIS PERIOD 39.00 39.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 2.67 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 875 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISC OVER r It pays to 1 JOSEPH RUANE DISODVEK I Account number ending in 8109 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual inte rest rate on your account. Current Billing Period: 31 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE(APR) INTEREST RATE Purchases 10.99% V $285.19 $2.67 Cash Advances 23.99% $0 $0 Balance Transfers 3.99% $2,587.46 $8.75 V = Variable Rate Additional Important Information See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediately! Call 1-800.347.2683. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover, PO Box 30421, Salt Lake City, UT 84 1 30-042 1. In your letter, give us the following information: • Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to tolled the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount, But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible For the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1 . The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you , or IF we awn the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Salt Lake City, UT 84130-0945 While we investigate, the same rules apply to the disputed amount as discussed above. Aker we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic Fund transfer f om your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic Fund transfer, funds may be withdrawn From your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment to any other address or if you use an envelope other than the one provided. Payments received in proper form ai our processing Facility by SPM local time on any dayy will be credited to your Account as of that day. Payments eceived at our processing facility after SPM local time will be credited to your Account as of the next day if you have misplaced your envelope, send your payment to Discover, PO Box 6103, Carol Stream, IL 60 1 97-6 1 03 . Please allow 7-10 days for delivery. If your payment is returned unpaid, we reserve the right to resubmit it as an electronic de You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-800-347-2683. You will need this statement and your bank account information. You must ensure that sufficient Funds are available in your bank account, and all transactions must comply with U.S. law. You will be asked to provide the First 5 digits of your account statement ZIP code. By entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize from your bank account, and to initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such payment You must tell us the amount of each payment or you can select an amount such as the Minimum Payment Due or the New Balance on each statement. You can cancel a ayment; however we must receive notice at least three business days in advance of the scheduled payment. You may notily us by phone at 1-800-347-2683 or by mail at the address listed in the previous paragraph. It your rayments vary in amount, we will tell you on each monthly statement when your payment will be made and how much it will be. Your automatic payment amount may be less than indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. We normally report the status and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, Wilmington, DE 19850-5316. Please indicate your name, address, home telephone number and Account number. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER" DISCOVER 03 SDSN6A01 0001228 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA New Balance Minimum Payment Due $2,954.38 $231.00 Payment Due Date October 1, 2010 17065-2010 3, 2010 PO BOX 71084 111 111111111111 gill 11 1 11111 CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? lirlillr?lrrrlillirrlrililrrillllrrrliilriliillrrliilrililiill Go to www.Disc*ver.com or print change in space above. Opening Date: August 4, 2010 - Closing Date: I Discover More Card Account Summary Account number ending in 8109 Previous Balance $2,917.55 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 11.83 Fees Charged + 25.00 New Balance - -- $2,954.38 See Interest Charge Calculation section follow ing transactions for detailed APR information Credit Line $3,200.00 Credit Line Available $245.00 Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $245.00 You may be able to avoid Interest Charges, see Additional Important Information for details. Cashback Bonuse Anniversary Month May Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0,00 T. learn m e, log in ai wwwMiscover.com 3 Easy Ways to Contact Us 1. Access your account securely at www.Discover.com 2. Call 1.800-DISCOVER (1-800.347-2683) Please have your Discover®card available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Carol Stream, IL 60197-6103 For TDD (Telecommunications Device for the DeaFl assistance, please call 1-800-347-7449. Account Number ending in 8109 Enter Amount Enclosed Below Please make check payable to Discover Card. Minimum payment due includes a past due amount of $172.00. Phone and internst payments must be made by 5:00pm ET for same day ostin Mo pa?ierless and make your account information more secure with password- Protected statements only you can access. Learn more at discover.comlpaperless. page 1 of 2 Payment Information New Balance $2,954.38 Minimum Payment Due* $231.00 Payment Due Date October 1, 2010 *Includes past due amount of $172.00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 20.99% 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 made no > You wilf'paydlf the And you will end ddttiona[ charges balance shown on up paying an sing'this card and this statement in estimated total of_ eh month you pay_ , about.. Only the minimum 13 years $4,123 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 Planner to create a plan to pay down your balance, securely access statements, pay bills online and easily track ail transactions • Make your money wo th moreSM-find easy ways to earn and redeem cash rewards • NEWI Access your account securely through your mobile phone Transactions Trans. Post Date Date Fees Sep 1 Sep 1 LATE FEE TOTAL FEES FOR THIS PERIOD 25.00 25.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 3.05 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 878 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISCOVER It a sto JOSEPH RUANE P y DISCONER Account number ending in 8109 J page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 31 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE(APR) INTEREST RATE Purchases 10.99% V $327.04 $3.05 Cash Advances 23.99% $0 $0 Balance Transfers 3.99% $2,596.23 $8.78 V = Variable Rate Additional Important Information See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account Lost or stolen cards. Report immediately] Call 1-800-347.2683. What To Do If You Think You Find A Mistake On Your Statement F you think there is an error on your statement, write to us at: Discover, PO Box 30421, Salt Lake City, UT 84 1 30-042 1. In your letter, give us the following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. Description of Problem- IF you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but IF you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other Fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you , or if we own the company that sold you the goods or services,) 2. You must have used your credit card for the purchase. Purchases made with cash advances From an ATM or with a check that accesses your credit card accounf do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Salt Lake City, UT 84130 0945 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic fund transfer From your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the some day we receive your payment, and you will not receive your check back From your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment to any other address or{you use an envelope other than the one provided. Payments received in proper Form of our processing Facility by 5PM local time on any dayy will be credited to your Account as of that day. Payments eceived at our processing Facrlity after 5PM local time will be credited to your Account as of the next day. If you have misplaced your envelope, send your payment to Discover, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7-10 days for delivery . If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-800-347-2683. You will need this statement and your bank account information. You must ensure that sufficient funds are available in your bank account, and all transactions must camp Iy with U.S. law. You will be asked to provide the first 5 digits of your account statement ZIP code. By entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize f am your bank account, and to initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such payment. You must fell us the amount of each payment or you can select an amount such as the Minimum Payment Due or the New Balance on each statement. You can cancel a ppayment; however we must receive notice at least three business days in advance of the scheduled payment. You may notify us by phone at 1-8 00-3 47-2 68 3 or by mail at the address listed in the previous paragraph. It your payments vary in amount, we will tell you on each monthly statement when your payment will be made and how much it will be. Your automatic payment amount may be less than indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. We normally report the status and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316. Wilmington, DE 19850-5316. Please indicate your name, address, home telephone number and Account number. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER New Balance Minimum Payment Due j DISCOVER $3,001.38 $291.00 Payment Due Date November 1, 2010 03 SDSN6AO1 0001229 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA 17065-2010 :tober 3, 2010 PO BOX 71084 111111 11 11111111111111111 11 CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? III III IIIIIIIIIII111111I IIIf111II111111I11I111111111111I1111II Go to www.Discover.com or print change in space above. Opening Date: September 4, 2010 - Closing Date: Ot Discover More Card Account Summary Account number ending in 8109 Previous Balance $2,954.38 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 12.00 Fees Charged + 35.00 New Balance 3,001.38 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $3,200.00 Credit Line Available $198.00 Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $198.00 You may be able to avoid Interest Charges, see Additional Important Information for details. Cashback Bonus" Anniversary Month May Opening Cashback Bonus Balance $ 0-00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at www.Discover.com 3 Easy Ways to Contact Us 1. Access your account securely at www.Discover.com 2. Call 1-800-DISCOVER (1-800-347-2683) Please have your Discover® card available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Carol Stream, IL 60197-6103 For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-7449. Account Number ending in 8109 Enter Amount Enclosed Below Please make check payable to Discover Card. Minimumpayment due includes a past due amount of $231.00. Phone and internst payments must be made by 5:00pm ET for some day ppostin Go pa?)erless and make your account information more secure with password- protected statements only you can access. Learn more at discover.com/paperless nrvr> t of 7 Payment Information New Balance $3,001.38 Minimum Payment Due* $291.00 Payment Due Date November 1, 2010 *Includes past due amount of $231.00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35.00 and your purchase and balance transfer APRs For new transactions may be increased up to the Penalty APR of 20.99% 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 ma cd no Yovlill pay, off the And ynu i!I end ddr4001 tihorges ; balance shown on up paying or, using this card and this stotemenf tfi eslimatad total of . Ch month you pay_ about... Only the minimum 13 years $4,181 payment If you would like information about credit counseling services, call 1-800-347-112 1. Manage Your Account Online at www.Discover.com • Access Free online tools like Paydown Planner to create a plan to pay down your balance, securely access statements, pay bills online and easily track all transactions • Make your money worth more sm-find easy ways to earn and redeem cash rewards • NEW! Access your account securely through your mobile phone Transactions Trans. Post Date Date Fees Oct 1 Oct 1 LATE FEE TOTAL FEES FOR THIS PERIOD $ 35.00 35.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 3.47 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 8.53 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION D'SClIllIVER ccounRUANE DISCOVER ItP.ysto A ?JOSEPH J DISCOVER Account number ending in 8109 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 30 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE (APR) INTEREST RATE Purchases* 07/23/2010 and after 15.99% V $64.77 $0.86 07/22/2010 and prior 10.99% V $290.52 $2.61 Cash Advances 23.99% $0 $0 Balance Transfers 3.99% $2,604.88 $8.53 V = Variable Rate * Dates apply to non-promotional purchases and to expired promotions with start dates within the specified date range Additional Important Information See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediatelyl Call 1-800-347-2683. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover, PO Box 30421, Salt Lake City, UT 84130-0421. In your letter, give us the following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the pdurchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account o not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Salt Lake City, UT 84130-0945 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic fund transfer From your account at the financial institution indicated on your check or to process the payment as a check transaction. It 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 same day we receive your payment, and you will not receive your check back From your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment to any other address or if you use an envelope other than the one provided. Payments received in proper Form at our processing Facility b SPM local time on any dayy will be credited to your Account as of that day. Payments eceived at our processing facility aher SPM local time will be credited to your Account as of the next day. If you have misplaced your envelope, send your payment to Discover, PO Box 6103 Carol Stream, IL 60 1 97-6 1 03. Please allow 7-10 days for delivery . If your payment is returned unpaid, we reserve the rig?rt to resubmit it as an electronic debit. You can pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-800-347-2683. You will need this statement and your bank account information. You must ensure that sufficient funds are available in your bank account, and all transachons must comply with U.S. law. You will be asked to provide the first 5 digits of your account statement ZIP code. B entering those numbers as your electronic siggnature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize from yourbank account, and to initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such payment. You must tell us the amount of each payment or you can select an amount such as the Minimum Payment Due or the New Balance on each statement. You can cancel a ayment; however we must receive notice at least three business days in advance of the scheduled payment. You may notjpus by phone at 1-8 00-3 47-2 6 8 3 or by mail at the address listed in the previous paragraph. If your payments vary in amount, we will tell you on each monthly statement when your payment will be made and how much it will be. Your automatic payment amount maybe less than indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. We normally report the status and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, Wilmington, DE 1 9850-5 3 1 6. Please indicate your name, address, home telephone number and Account number. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER' DISCOVER 03 SDSN6A01 0001230 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA New Balance j Minimum Payment Due $3,049.32 i $352.00 Payment Due Date December 1, 2010 17065-2010 Account Number ending in 8109 Enter Amount Enclosed Below Please make check payable to Discover Card. Minimum ppayyment due includes a past due amount of $291.00. Phone and internet payments must be made by 5:00pm ET for same day stin Mo R . e- rless and make your account information more secure with password- Protected statements only you can access. Learn more at discover.comlpaperiess. PO BOX 71084 111 111 11111 11 loll IIII Ills 11 CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? Irilrllrilirl rllrrrlri loll loll rrl rrllii l iilri l i lii ll Go to www,Discover.com or print change in space above. i Opening Date: October 4, 2010 - Closing Date: November 3, 2010 Discover More Card Account Summary Account number ending in 8109 Previous Balance $3,001.38 Payments And Credits 0,00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 12.94 Fees Charged + 35.00 New Balance 3,049.32 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $3,200.00 Credit Line Available $0,00 Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $0.00 You may be able to avoid Interest Charges, see Additional Important Information for details. Cashback Bonus" Anniversary Month May Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To learn more, log in at www.Discover.com 3 Easy Ways to Contact Us 1. Access your account securely at www.Discover.com 2. Call 1-800-DISCOVER I1-800-347.26831 Please have your Discover®card available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Carol Stream, IL 60 1 97-6 1 0 3 For TDD (Telecommunications Device for the Deal) assistance, please call 1-800-347-7449. page 1 of 2 Payment Information New Balance $3,049.32 Minimum Payment Due* $352.00 Payment Due Date December 1, 2010 *Includes past due amount of $291.00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 20.99% variable. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you would like information about credit counseling services, call 1-800-347-1121. you rrrGke no %will pay off the And you will end ddttrottaf charges baforice shown on up paying an iii4rig this card and this sfafemsrit it) esflmated}0tol Of. ch month you pay obot't,- Only the minimum 13 years $4,241 payment Manage Your Account Online at www.Discover.com • Access Free online tools like Paydown Planner to create a plan to pay down your balance, securely access statements, pay bills online and easily track all transactions • Make your money worth moresm-find easy ways to earn and redeem cash rewards • NEW! Access your account securely through your mobile phone Transactions Trans. Post Date Date Fees Nov 1 Nov 1 LATE FEE TOTAL FEES FOR THIS PERIOD 35.00 35.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 4.10 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 8.84 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISCOVER It pays to JOSEPH RUANE DISCOVER Account number ending in 8109 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is th e annual interest rate on your account. Current Billing Period: 31 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE (APR) INTEREST RATE Purchases' 07/23/2010 and after 15.99% V $100.89 $1.38 07/22/2010 and prior 10.99% V $293.18 $2.72 Cash Advances 23.99% $0 $0 Balance Transfers 199% $2,613.57 $884 V = Variable Rate " Dates apply to non-promotional purchases and to expired promotions with start dates within the specified date range Additional Important Information See your Cardmem6er Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediatelyl Call 1-800-347.2683. What To Do If You Think You Find A Mistake On Your Statement f you think there is an error on your statement, write to us at: Discover, PO Box 30421, Salt Lake City, UT 84130-0,421. n your letter, give us the Following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the Following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Soft Lake City, UT 84130-0945 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending yyour check as described above, you authorize us to use information on your check to make an electronic Fund transfer kam our account at the financial institution indicated on your check or to process the payment as a check transaction. It payment is processed as an electronic Fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the some day we receive your payment, and you will not receive your check back from your Financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment to an other address or if you use an envelope other than the one provided. Payments received in pro per form at our processing ?acility by 5PM local time on any dayy will be credited to your Accou as of that day. Payments eceived of our processing facty after 5PM local time will be credited to your Account as of nt the next day. If you have misplaced your envelope, send your payment to Discover, PO Box 6103, Carol Stream, IL 601 97-6 1 03. Please allow 7-10 days for delivery . If your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. You can Pay your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-800 347-2683. You will need this statement and your bank account information. You must ensure that sufficient funds are available in your bank account, and all transactions must cam ply with U.S, law. You will be asked to provide the First 5 digits of your account statement ZIP code. %entering those numbers as your electronic signature, you will be agreeing his authorization to allow us and your bank to deduct each payment you authorize to t From your bank account, and to initiate debit or credit entries to your bank account, as a plicable, to correct an error in the processing of such payment. You must tell us the amount of eacF payment or you can sePect an amount such as the Minimum Payment Due or the New Balance on each statement. You can cancel a payment; however we must receive notice at least three business days in advance of the scheduled payment. You may notify us by phone at 1-800-347-2683 or by mail of the address listed in the previous paragraph. IF your rayments vary in amount, we will fell you on each monthly statement when your payment will be made and how much it will be. Your automatic payment amount may be less than indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. We normally report the status and payment history of your Account to credit reporting agencies each month If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, Wilmington, DE 1 9 850-53 1 6. Please indicate your name, address, home telephone number and Account number. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCiVER DISCOVER 03 SDSN6A01 0001231 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA New Balance Minimum Payment Due $3,097.39 $413.00 Payment Due Date January 1, 2011 17065-2010 Account Number ending in 8109 Enter Amount Enclosed Below $1 Please make check payable to Discover Card Minimum payymment due includes a past due amount of$352.00. Phone and internst payments must be made by 5:00pm ET for same day To l'do pa&rless and make your account information more secure with password- protected statements only you can access. Learn more at discover.comlpaperiess. PO BOX 71084 lllrnrllr?rllrrrrrllrlrnrll CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? [oil nlle1111"lellnnfill lnlfill llllllllllllllllllrllrlnlllllIII Go to www.Discover.com or print change in space above. Opening Date: November 4, 2010 - Closing Date: De Discover More Card Account Summary Account number ending in 8109 Previous Balance $3,049.32 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 13.07 Fees Charged + - 35.00 New Balance - $3,097.39 See Interest Charge Calculation section follow ing transactions for detailed APR information Credit Line $3,200.00 Credit Line Available $0.00 Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $0.00 You may be able to avoid Interest Charges, see Additional Important Information for details. Cashback Bonus" Anniversary Month May Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0.00 Cashback Bonus Balance $ 0.00 To leorn more, log in ot Www.Discover.com 3 Easy Ways to Contact Us 1. Access your account securely at www.Discover.com 2. Call 1-800-DISCOVER (1-800-347-26831 Please have your Discovere card available. 3. Write to us at Discover, PO Box 30943, Salt Lake City, UT 84130 (Not a payment address) For payments, please send to address on remittance or Discover, PO Box 6103, Carol Stream, IL 60197-6103 For TDD (Telecommunications Device for the Deaf) assistance, please call 1-800-347-74-49. camber 3, 2010 page 1 of 2 Payment Information New Balance $3,097.39 Minimum Payment Due* $413.00 Payment Due Date January 1, 2011 *Includes past due amount of $352.00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 20.99% 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: ft`you mate no You wifl payoff' 6 And you V>O en dditional charges balance shown on up paying an using this cord and ; lhns ltateASent in estimated fotol of .: eoch month you pay abauf„ Only the minimum 13 years $4,303 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 Planner to create a plan to day down your balance, securely access statements, pay bills online and easily track all transactions • Make your money worth moresm-find easy ways to earn and redeem cash rewards • NEW! Access your account securely through your mobile phone Transactions Trans. Post Date Date Fees Dec 1 Dec 1 LATE FEE TOTAL FEES FOR THIS PERIOD 35.00 35.00 interest charged INTEREST CHARGE ON PURCHASES $ 4.48 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 8.59 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER I DISCOVER It pays to JOSEPHRUANE D'SCOVEp Account number ending in 8109 'page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual inte rest rate on your account. Current Billing Period: 30 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE (APR) INTEREST RATE Purchases' 07/23/2010 and after 15.99% V $137.48 $1.81 07/22/2010 and prior 10.99% V $295.87 $2.67 Cash Advances 23.99% $0 $0 Balance Transfers 3.99% $2,622.28 $8.59 V = Variable Rate * Dates apply to non-promotional purchases and to expired promotions with start dates within the specified date range Additional Important Information See your Corc meni 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 If You Think You Find A Mistake On Your Statement f you think there is an error on your statement, write to us at: Discover, PO Box 30421, Salt Lake City, UT 84130-0421. In your letter, give us the following information: Account information: Your name and account number. Dollar amount The dollar amount of the suspected error. Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Salt Lake City, UT 84130 0945 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payments. Send only your payment and the top portion of this statement in the envelope provided. Do not send cash. By sending your check as described above, you authorize us to use information on your check to make an electronic fund transfer ham your account at the financial institution indicated on your check or to process the payment as a check transaction. If payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. The processing of your payment may be delayed if y send case h, correspondence or other items wish your payment, if you send the payment o any other add an re" or if you use an envelop other than the one provided. Payments received in proper form at our processing facility by SPM local time on any dayy will be credited to your Account as of that day. Payments eceived at our processing facility after SPM local time will be credited to your Account as of the next day. If you have misplaced your envelope, send your payment to Discover, PO Box 6103 Carol Stream, IL 60197-6103. Please allow 7-10 days for delivery . If your payment is returned unpaid, we reserve the right to resubmit ii as an electronic debit. You can goy your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us at 1-800-347-2683. You will need this statement and your bank account information. You must ensure that sufficient funds are available in your bank account, and all transactions must comply with U.S. law. You will be asked to provide the first 5 digits of your account statement ZIP code. B entering those numbers as your electronic signature, you will be agreeing to this authorization to allow us and your bank to deduct each payment you authorize from your bank account, and to initiate debit or credit entries to your bank account, as applicable, to correct an error in the processing of such payment. You must tell us the amount of each payment or you can select an amount such as the Minimum Payment Due or the New Balance on each statement. You can cancel a ayment; however we must receive notice at least three business days in advance of the scheduled payment. You may notify us by phone at 1-800-347-2683 or by mail at the address listed in the previous paragraph. If your payments vary in amount, we will tell you on each monthly statement when your payment will be made and how much it will be. Your automatic payment amount may be less than indicated on the monthly statement based on credits or payments applied during the billing cycle. Credit Reporting. We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. We normally report the status' and payment history of your Account to credit reporting agencies each month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, W lmington, DE 19850-5316. Please indicate your name, address, home telephone number and Account number. NOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER -ji L011 i SEP 12 AH 10: L.-2 C'U'l ?$ERLAND COUNTY PENNSYLVANIA k4 IS ? Cry; ? CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of Plaintiff's Amended Complaint on the date indicated below to all parties or their attorneys of record by: X regular first class mail certified mail other DATE: A/ STOCK & BY: ,// \ 3 X. GRIMES, ESQUIRE for Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Discover Bank Plaintiff CIVIL TERM NO. 11-4953 V. JOSEPH P. RUANE Defendant NOTICE TO PLEAD TO: Discover Bank c/o Francis X. Grimes, Esquire co C D {7 C7 to } You are hereby notified to file a written response to the enclosed Preliminary Objection within twenty (20) days from service hereof or a judgment may be entered against you. osep P. Ruane, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Discover Bank Plaintiff V. : JOSEPH P. RUANE Defendant CIVIL TERM NO. 11-4953 PRELIMINARY OBJECTION TO AMENDED COMPLAINT AND NOW COMES the Defendant, Joseph P. Ruane, who files his Preliminary Objection to the Plaintiff's Amended Complaint, as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by Plaintiff. 2. The Defendant was served with the Amended Complaint on or about September 13, 2011. Preliminary Objection - Pa. R.C.P. 1028(a)(4) - Legal Insufficiency of a Pleading. 3. Plaintiff has pleaded a count in unjust enrichment. 4. Plaintiff has pleaded that an express agreement exists and outlines the parties relationship. 5. An unjust enrichment claim is not actionable where an express agreement fully delineates the parties rights and duties. WHEREFORE, the Defendant requests that his Preliminary Objection be sustained, and the Plaintiff's Amended Complaint be dismissed. Respectfully Submitted, DATED. f D d ?l ose P. Ruane, Defendant VERIFICATION The statements made in the foregoing Preliminary Objection to Amended Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Joseph P. Ruane, Defendant DATE: I b/al / I CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the 21st day of October, 2011, 1 served a copy of the foregoing Preliminary Objection to Amended Complaint, by first-class mail, postage prepaid, upon the following: Francis X. Grimes, Esquire Stock and Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Plaintiffs Attorney Jose P. Ruane, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Discover Bank Plaintiff V. JOSEPH P. RUANE Defendant NOTICE TO- PLEAD TO: Discover Bank c/o Francis X. Grimes, Esquire CIVIL TERM NO. 11-4953-c, _?_ You are hereby notified to file a written response to the enclosed Preliminary Objection within twenty (20) days from service hereof or a judgment may be entered against you. J ?pti . Ruane, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Discover Bank Plaintiff CIVIL TERM NO. 11-4953 V. JOSEPH P. RUANE Defendant PRELIMINARY OBJECTION TO SECOND AMENDED COMPLAINT AND NOW COMES the Defendant, Joseph P. Ruane, who files his Preliminary Objection to the Plaintiff's Second Amended Complaint, as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by Plaintiff. 2. The Defendant was served with the Second Amended Complaint on or about December 3, 2011. Preliminary Objection - Pa. R.C.P. 1028(a)(4) - Legal Insufficiency of a Pleading. 3. Plaintiff has pleaded a count in unjust enrichment. 4. Plaintiff has pleaded that an express agreement exists and outlines the parties relationship. 5. An unjust enrichment claim is not actionable where an express agreement fully delineates the parties rights and duties. WHEREFORE, the Defendant requests that his Preliminary Objection be sustained, and the Plaintiff's Second Amended Complaint be dismissed. Respectfully Submitted, DATED:__l l ?. X\ P `- Jose P. 'Ruane, Defendant VERIFICATION The statements made in the foregoing Preliminary Objection to Second Amended Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. 1 Joseph P. Ruane, Defendant DATE: CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the 26th day of January, 2012, 1 served a copy of the foregoing Preliminary Objection to Second Amended Complaint, by first-class mail, postage prepaid, upon the following: Francis X. Grimes, Esquire Sock and Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Plaintiffs Attorney osep P. Ruane, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIAce. CIVIL ACTION - LAW DISCOVER BANK M No: 11-04953 U, co cl VS. =a - JOSEPH P. RUANE = 7 , ., PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT'S PRELIMINARY OBJECTIONS Denied as stated. Plaintiff's Second Amended Complaint is in writing and speaks for itself. 2. Admitted.. 3. Denied as stated. Plaintiff's Second Amended Complaint is in writing and speaks for itself. 4. Denied as stated. Plaintiff's Second Amended Complaint is in writing and speaks for itself. Denied as stated. Plaintiff's Second Amended Complaint is in writing and speaks for itself. WHEREFORE, Plaintiff, Discover Bank, respectfully request this Court to enter the accompanying Order over-ruling Defendant's Preliminary Objections. i, Dated I `7??/7, .. "CIS X. GRI I? DIRE Xttorney for Plainti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DISCOVER BANK vs. JOSEPH P. RUANE No: 11-04953 CERTIFICATE OF SERVICE I, Francis X. Grimes, Esquire, attorney for Plaintiff, hereby certify on the date set forth below, that I served a true and correct copy of Plaintiff's Response and Memorandum of Law in Opposition to Defendant's Preliminary Objections upon the Defendant or their attorney of record, by first class pre-paid mail. Date: `Francis X. G Attorney for IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DISCOVER BANK No: 11-04953 vs. JOSEPH P. RUANE PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION OF DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S SECOND AMENDED COMPLAINT I. MATTER BEFORE THE COURT Defendant filed Preliminary Objections to Plaintiff's Second Amended Complaint. Plaintiff files the within Memorandum of Law in Opposition to Defendant's Preliminary Objections. II. STATEMENT OF QUESTIONS INVOLVED AS PRESENTED BY THE DEFENDANT A. The question involved is: Has Plaintiff sufficiently and appropriately plead under the alternative theory of unjust enrichment (ie - Count III of Plaintiff's Complaint)? Suggested Answer: Respondent, Plaintiff, request that this question be answered in the affirmative and enter an Order overruling Defendant's preliminary objection. III. FACTS Plaintiff commenced this action for breach of contract, account stated and unjust enrichment regarding an outstanding balance due on Defendant's credit card account. Defendant has filed preliminary objections to Plaintiff's Second Amended Complaint. IV. STANDARD OF REVIEW Preliminary objections which result in the dismissal of a claim may be sustained only in cases that are clear and free from doubt. Burgoyne v. Pinecrest Community Association, 924 A.2d 675, 679 (Pa.Super.2007). The material facts set forth in the complaint as well as all inferences reasonably deducible therefrom must be admitted as true. The court must determine from the facts averred, whether the law says with certainty that no recovery is possible. If doubt exists whether a demurrer should be sustained, it should be resolved in favor of overruling the demurrer. Smith v. Weaver, 665 A.2d 1215, 1216 (Pa. Super. 1995). The purpose of pleadings is to place a defendant on notice of the claims upon which the defendant will have to defend. City of Newcastle v. Uzamere, 829 A.2d 763, 767-768 (Pa. Cmwlth. 2003), Yacoub v. Lehi Valley Medical Associates, 805 A.2d 579, 588 (Pa. Super. 2003), app denied, 573 Pa. 692, 825 A.2d 639 (2003). In determining whether the allegations of a complaint have been stated with the necessary specificity, the court should not focus upon one paragraph of the complaint in isolation, Yacoub, 805 A.2d at 589, and should instead examine the paragraph in context with all other allegations in the complaint. Rachlin v. Edmison, 813 A.2d 862, 870 (Pa. Super. 2002). ,,[i]t [has] not [been] necessary nor desirable that particularities of evidential facts be pleaded, so long as the essential facts to support a claim are." 155 A.2d 616. Pennsylvania law clearly establishes that there is a difference between "matter[s] of evidence" and "essential facts to be pleaded in the complaint." See Smith v. Allegheny County, 155 A.2d 615, 616, 617 (Pa. 1959). Finally, in adjudicating demurrers, the Court must accept as true all well-pleaded facts contained in the Plaintiff's complaint along with every reasonable inference which may be drawn therefrom. Webb Manufacturing Co. v. Sinoff, 674 A.2d 723, 724 (Pa.Super.1996), citing Al Hamilton Contracting Company v Cowder, 644 A.2d 188, 190 (Pa.Super. 1994). Furthermore, the Court may not consider factual matters, testimony, or evidence outside the complaint, and the Court may not address the merits of matters represented in the complaint. In re: Adoption of S.P.T., 783 A.2d 779, 782 (Pa.Super.2001). "Put simply, the question presented by demurrer is whether, on the facts averred, the law says with certainty that no recovery is possible." Bailey v. Starlazzi, 729 A.2d 1206, 1211 (Pa.Super. 1999)(citations omitted). "A demurrer can only be sustained if the complaint is clearly insufficient to establish the plaintiff's right to relief." Webb Manufacturing Co., 274 A.2d 724. "If there is any doubt, it should be resolved by the overruling of the demurrer." Bailey, 729 A.2d at 1211. Finally, even where preliminary objections are sustained, if the objectionable aspects of the pleading can be cured by an amendment, the Court "must give the pleader an opportunity to file an amended complaint. This is not a matter of discretion with the court but rather a positive duty." Harley Davidson Motor Co. v Hartman, 442 A.2d 284, 286 (Pa.Super. 1982). V. ARGUMENT 'The Defendant's preliminary objection contends that the Plaintiff can not assert a claim for unjust enrichment in its Complaint if the relationship between the parties is founded upon a written agreement or express contract. Again, the Defendant's application of the law is inapplicable at the time of Plaintiff's filing its Complaint. Plaintiff is clearly permitted to plead alternative theories. See Pa.R.C.P. 1020(a). Plaintiff's claim for unjust enrichment is proper because Plaintiff s claim is presented in a separate count and stands alone. Plaintiff has properly pled a claim for unjust enrichment in its complaint. "If no express contract exists between the parties due to the absence of an agreed- upon contract price, a plaintiff may recover under a quasi-contract theory of unjust enrichment". Temple Univ. Hosp., Inc. v. Healthcare Mgmt Alternatives Inc., 832 A.2d 501, 507 (Pa. Super. 2003). Northeast Fence & Iron Works Inc v Murphy Quigley Co Inc., 933 A.2d 664, 669 (Pa. Super. 2007). Plaintiff has properly pled breach of contract in Count I of the Complaint. It has also properly pled a theory of unjust enrichment in Count III. Plaintiff acknowledges that it will not be permitted to recover on both theories. Villoresi v. Femminella, 856 A.2d 78, 84 (Pa. Super. 2004) (A cause of action for unjust enrichment arises only when a transaction is not subject to a written or express contract.) However, it is permitted to seek a recovery due to unjust enrichment in the absence of an express contract. Ne.Fence & Iron Works, Inc. v. Murphy Quigley Co., Inc., 933 A.2d 664, 669 (Pa. Super. 2007). Unless and until the Defendant admits to the written contract between the parties, Plaintiff properly avers a cause of action for unjust enrichment. If the Plaintiff did not aver a cause of action under the theory of unjust enrichment and the Defendant thereafter denies being bound by any written contract or the Plaintiff s inability to establish a binding written contact, Plaintiff could be without a proper remedy under the law. Plaintiff s count relating to the theory of unjust enrichment is proper and the Defendant's preliminary objection should be overruled. VI. RELIEF Plaintiff respectfully request that this Court enter an Order overruling Defendant's Preliminary Objections. Respectfully submitted: F NCIS X. GRI S, UIRE Attorney for Plaintiff CP1 P PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) y: I TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for t'hia Argument Court.) ----------------------- ------------------------------------------•------------------------------------------- ,,f CAPTION OF CASE `RLAQ ??UNT (entire caption must be stated in full) PENNSYLVANIA DISCOVER BANK vs. JOSEPH P. RUANE No 11-4953 CIVIL Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintifrs Second Amended Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Francis X. Grimes, Esquire (Name and Address) 804 West Avenue, Jenkintown, PA 19046 (b) for defendants: Joseph P. Ruane (Name and Address) 133 Westgate Drive, Mount Holly Springs, PA 17065 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: June 1, 2012 Date: April 10, 2012 Signature Print your name Francis X. Grimes, Esquire Attorney for Discover Bank INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. ?.? q. Sid Q ?J C?L? a??r8 T-# a-7/4'735 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing papers upon all other parties or their attorney of record by: X regular first class mail certified mail other DATE: ?`. 11 STOC & GR L'LP BY: F CIS X. GRIMES, ESQUIRE ornev for Plaintiff DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOSEPH P. RUANE, ; Defendant NO. 11-4953 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S SECOND AMENDED COMPLAINT BEFORE HESS, P.J., and PECK, J. ORDER OF COURT AND NOW, this 4t' day of June, 2012, upon consideration of Defendant's Preliminary Objections to Plaintiff's Second Amended Complaint, and following oral argument held on June 1, 2012, Defendant's Preliminary Objections are overruled. BY THE COURT, ? Francis X. Grimes, Esq. 804 West Avenue Jenkintown, PA 19046 Attorney for Plaintiff ? Joseph P. Ruane 133 Westgate Drive Mount Holly Springs, PA 17065 Defendant, pro Se e0p, o5 r?1?,1 ?d ??u?> a . Cal(- Christylee L Peck J . , . MM C- 71: -- : Y - } ?, ??v DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOSEPH P. RUANE, Defendant NO. 11-4953 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S SECOND AMENDED COMPLAINT BEFORE HESS, P.J., and PECK, J. ORDER OF COURT AND NOW, this 4 h day of June, 2012, upon consideration of Defendant's Preliminary Objections to Plaintiffs Second Amended Complaint, and following oral argument held on June 1, 2012, Defendant's Preliminary Objections are overruled. BY THE COURT, ? Francis X. Grimes, Esq. 804 West Avenue Jenkintown, PA 19046 Attorney for Plaintiff ? Joseph P. Ruane 133 Westgate Drive Mount Holly Springs, PA 17065 Defendant, pro Se ev p "es y,, etl G/u/0- Christylee L. Peck, J. r=7 _ . ? .= c . gt, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Discover Bank Plaintiff CIVIL TERM NO. 11-4953 V. JOSEPH P. RUANE Defendant NOTICE TO PLEAD TO: Discover Bank c/o Francis X. Grimes, Esquire X f" CI> - -? o c. --y You are hereby notified to file a written response to the enclosed Answer to Second Amended Complaint with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. rt: r Josep P. Ruane, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Discover Bank Plaintiff V. : JOSEPH P. RUANE Defendant CIVIL TERM NO. 11-4953 ANSWER TO SECOND AMENDED COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, Defendant is without knowledge or information to form a belief as to the truth of DB Servicing Corporation's relationship to Discover Bank. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. Defendant admits receiving the card and a' card member agreement:. Defendant denies receiving the agreement attached to the Second Amended Complaint and denies attached agreemer applies to Defendant's account. 8. Denied. Said statement is a conclusion of law to which a response is not required. 9. Admitted. 10. Denied. Said statement is a conclusion of law to which a response is not required. 11. Denied. Said statement is a conclusion of law to which a response is not required. 12. Admitted. 13. Admitted in part and denied in part. Defendant admits last payment was processed on or about May 30, 2010 but denies reminder of said allegation as being a conclusion of law to which a response is not required. 14. Admitted in part and denied in part. Defendant admits failing to pay an outstanding balance on the account, but Defendant is without knowledge or information to form a belief as to the truth to the balance due being $3146.4 on January 31, 2011 nor has Defendant assented to the correctness of said balance. Count I - Breach of Contract 15. Denied as set forth herein. 16. Denied. The Plaintiff fails to properly plead any factual grounds or authority additional damages. Furthermore, said allegation is simply a general demand for relief to which a specific response is not required. 17. Admitted. 18. Admitted. Wherefore, the Defendant respectfully requests said demand be denied. Count I I - Account Stated 19. Denied as set forth herein. 20. Denied. Said statement is a conclusion of law to which a response is not required. Wherefore, the Defendant respectfully requests said demand be denied. Count: III - Unjust Enrichment 21. Denied as set forth herein. 22. Denied. Said statement is a conclusion of law to which a response is not required. 23. Denied. Said statement is a conclusion of law to which a response is not required. Wherefore, the Defendant respectfully requests said demand be denied. NEW MATTER 24. Plaintiff properly alleges a written agreement exists between the parties but failed to attach the correct agreement to the pleading. 25. Plaintiff demands judgment to include attorney fees, costs, and interest but has not specifically plead said fees cost and interest nor provided authority #or same. 26. Plaintiff pleads an account stated cause of action but fails to properly plead the elements and more specifically, fails to allege the Defendant assented to the correctness of the account. 27. Plaintiff pleads an unjust enrichment cause of action, but the parties agree a written agreement exists which thereby negates the said claim Wherefore, the Defendant requests all demands be denied and said matter be dismissed. Respectfully Submitted, DATED._? Id10, Josep P. Ruane, Defendant VERIFICATION The statements made in the foregoing Answer to Second Amended Complaint with New Matter are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification 'to authorities. Joseph P. Ruane, Defendant DATE: STOCK & GRIMES, LLP BY: FRANCIS X. GRIMES, ESQUIRE ID NO.: 62404 804 West Avenue Jenkintown, PA 19046 (215-576-1900) DISCOVER BANK CF E?ROIH010TARY *12 OCT 22 AM 10* 32 .??4. COURT OF COMMON PLEAS CUMBERLAND COUNTY v. JOSEPH P. RUANE NO.: 11-04953 CIVIL ACTION-LAW PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST DEFENDANT JOSEPH P. RUANE Plaintiff, Discover Bank, by his undersigned counsel, hereby files the within Motion for Summary Judgment against the Defendant, Joseph P. Ruane, as avers as follows: 1. On July 8, 2011, Plaintiff commenced the within action against the Defendant relating to an outstanding balance on a Discover Card obligation after the Defendant took an appeal from the adverse decision rendered in Magisterial District Court. 2. On August 15, 2011, the Defendant filed Preliminary Objections to Plaintiff's Complaint. 3. On September 12, 2011, Plaintiff filed an Amended Complaint. 4. On October 21, 2011, the Defendant filed Preliminary Objections to Plaintiff s Amended Complaint. 5. On December 9, 2011, Plaintiff filed a Second Amended Complaint. A true and correct copy of Plaintiffs Second Amended Complaint is attached hereto as Exhibit "P-1 ". 6. On January 14, 2012, Plaintiff forwarded Request For Admissions to the Defendant which are incorporated by reference herein. A true and correct copy of Plaintiff's Request For Admissions is attached hereto as Exhibit `-P-2". 7. On January 26, 2012, the Defendant filed Preliminary Objections to Plaintiff's Second Amended Complaint. 8. On February 8, 2012, Plaintiff filed a Response in Opposition to Defendant's Preliminary Objections to Plaintiff's Second Amended Complaint. 9. On or about February 10, 2012, Defendant forwarded Defendant's Response to Plaintiffs Request For Admissions which are incorporated by reference herein. A true and correct copy of Defendant's Response to Plaintiff s Request For Admissions is attached hereto as Exhibit "P-3". 10. On May 4, 2012, Plaintiff filed a Praecipe to List Defendant's Preliminary Objections to Plaintiff s Second Amended Complaint for Argument. 11. On or about May 23, 2012, Defendant withdrew his Preliminary Objections the Plaintiff s Second Amended Complaint. 12. On July 10, 2012, the Defendant filed their answer to Plaintiff s Second Amended Complaint which are incorporated by reference herein. A true and correct copy of the Defendant's Answer is attached hereto as Exhibit "P-4". 13. On August 9, 2012, Plaintiff forwarded Plaintiff s Second Request For Admissions to the Defendant which are incorporated by reference herein. A true and correct copy of Plaintiffs Second Request For Admissions is attached hereto as Exhibit "P-5". 14. On or about September 6, 2012, Defendant forwarded Defendant's Response to Plaintiff's Second Request For Admissions which are incorporated by reference herein. A true and correct copy of Defendant's Response to Plaintiff's Second Request For Admissions is attached hereto as Exhibit "P-6". 15. The Defendant Admits to Plaintiff's Request For Admissions & Plaintiff's Second Request For Admissions. 16. Pursuant to Pennsylvania Rule of Civil Procedure 1035.2(1) which provides in pertinent part: "After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report." 17. Plaintiff's Request For Admissions are deemed admitted.. 18. As a result of the Plaintiff's Request For Admissions being deemed admitted, there are no genuine issues of material facts in dispute and Plaintiff is entitled to summary Judgment. 19. Plaintiff respectfully request that this Court grant Plaintiff's Motion For Summary Judgment and enter Judgment in Plaintiff's favor in the amount of $3,285.75 ($3,146.45, plus court costs of $139.30). WHEREFORE, Plaintiff, Discover Bank, respectfully request that Plaintiff's Motion for Summary Judgment in favor of the Plaintiff be granted. h'A&-f?c FIWANCIS X. G MES SQUIRE Attorney for Plai Exhibit "P-1 " DISCOVER BANK 12 Reads Way New Castle, DE 19720 Plaintiff VS. JOSEPH P. RUANE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No.: 11-04953 133 Westgate Drive Mount Holly Springs, PA 17065 Defendant(s)' CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of Plaintiffs Second Amended Complaint. on the date indicated below to all parties or their attorneys of record by: X regular first class mail certified mail other DATE: STOCK LLP BY: if S X. GRIMES, ESQUIRE for Plaintiff Stock & Grimes, LLp By: FRANCIS X. GRIMES, ESQUIRE I.D.# 62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 DISCOVER BANK 12 Reads Way New Castle, DE 19720 VS. Attorney for Plaintiff ( 1 a , 1 fy ? 1 COURT OF COMMON PLEAS u CUMBERLAND COUNTY CIVIL ACTION - LAW - JOSEPH P. RUANE NO. 11-4953 133 Westgate Drive Mount Holly Springs, PA 17065 SECOND AMENDED CIVIL ACTION COMPLAINT YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE. ARE' SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL. TO DO SO THE CASE MAY PROCEED WTTHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT. FURTHER NOTICE FOR,, ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY- OTHER, CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF, YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 KOCK & GRIMES, LLP BY: FRANCIS X. GRIMES, ESQUIRE I.D. #62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 D[SCOVER BANK 12 Reads Way New Castle, DE 19720 Plaintiff vs. JOSEPH P. RUANE 133 Westgate Drive Mount Holly Springs, PA 17065 Defendant(s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No.: 11-04953 SECOND AMENDED CIVIL ACTION COMPLAINT 1. Plaintiff, Discover Bank, is a banking institution organized under the laws of the State of Delaware and maintains a business address of 12 Reads Way, New Castle, DE 19720. 2. Plaintiff is engaged in interstate commerce and is subject to various federal laws and federal banking regulations; and, Plaintiff does not conduct business within the Commonwealth of Pennsylvania within the meeting of any statutes and/or regulations pertaining to foreign corporations. 3. Discover Bank is the issuer and owner of the Discover credit cards which are issued to consumers pursuant to an extension of credit agreement with them. 4. DB Servicing Corporation, successor to DFS Services LLC, is affiliated with and is the servicing agent for the Discover credit card accounts for Discover Bank. It creates and maintains all of the records in connection with all of the activities and/or transactions regarding the Discover accounts. 5. The Defendant(s), is/are adult individual(s) believed to be residing at the address contained in the above caption. 6. Plaintiff issued a Discover credit card to the Defendant(s), and the Defendant(s) accepted the Discover credit card, so that the Defendant(s) could make purchases or other forms of credit from various merchants who were authorized to accept the credit card from the Defendant(s) in lieu of payment by the Defendant(s) to the merchants. 7. The Defendant(s) received the physical credit card issued by the Plaintiff, together with a Cardmember Agreement (extension of credit agreement), which agreement contains the terms and conditions governing the use of the credit card between the parties hereto. Plaintiff attaches hereto as Exhibit "A" a copy of the Cardmember Agreement applicable to the Defendant(s) account. 8. The cardmember agreement is in writing however is not signed and is not required to be signed by the parties as the cardmember agreement only becomes effective and assented to by the Defendant(s) upon the use of the credit card. See Discover bank v. David P. Stuck a, Superior Court Opinion attached hereto as Exhibit "B". 9. Thereafter, on sundry and various occasions, the Defendant(s), pursuant to the extension of credit agreement, used the credit card for purchases and/or other forms of credit and maintained a running account, a copy of which was provided to the Defendant(s). Attached hereto as Exhibit "C" is a copy of the Defendant(s) monthly cardmember statements for a period ending June 3, 2009 and ending December 3, 2010. 10, The Defendant(s) by acceptance and use of the Discover card has assented and ratified the terms and conditions of the Cardmember Agreement/account each and every time they utilized the Discover credit card, as well as by continuing to make payments to the Plaintiff after receiving monthly statements summarizing the activities and/or transactions on the account. 11. The Defendant(s) by use and conduct with the Discover Card have impliedly represented to the credit card issuer that the Defendant(s) had the ability and the intention to pay for the use of the Discover credit card. 12. The Defendant(s) have not disputed any of the charges in writing within sixty (60) days of receipt of the monthly cardmember statements as required pursuant to 15 U.S.C. § 1666, et seq.. 13. Plaintiff believes, and therefore avers, that the Defendant(s) last payment in regard to their Discover obligation was processed on or about May 30, 2010 and as a result thereof, the Defendant(s) is in breach of their obligation to the Plaintiff; and as a further result thereof the obligation of the Defendant(s) to satisfy the entire balance in regard to the credit card account became accelerated. 14. The outstanding balance which was due on the credit account as of January 31, 2011 was $3,146.45; and, although repeated requests and demands have been made upon the Defendant(s) by the Plaintiff to satisfy the balance, the Defendant(s) is still in breach of its obligation on the account and have failed to repay the account balance and debt due the Plaintiff. COUNT I - BREACH OF CONTRACT 15. Plaintiff incorporates by reference, all of the foregoing averments of this Civil Action. Complaint, as though the same were more fully set forth in length herein. 16. In addition to the balance on the account as indicated above, the Plaintiff may incur additional damages for accrued interest, attorney fees and costs and request payment of the same by the Defendant(s) pursuant to the terms of the Cardmember Agreement and/or applicable law. 17. Plaintiff, through its counsel's investigation, has determined that the Defendant(s) is/are not in the military service. 1.8. THIS COMMUNICATION OF PLAINTIFF'S COUNSEL IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION. OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, Plaintiff, Discover Bank, demands Judgment against the Defendant(s), Joseph P. Ruane, in the sum of $3,164.45, plus reasonable attorney fees, costs and pre judgment interest in accordance with law. COUNT II - ACCOUNT STATED 19. Plaintiff incorporates by reference, all of the foregoing averments of this Civil Action Complaint, as though the same were more fully set forth in length herein. 20. The Defendant(s) has/have, by their use of the credit card, impliedly assented to the terms and conditions of the account and is/are now in breach of the account for their failure to pay the outstanding balance due and owing. WHEREFORE, Plaintiff, Discover Bank, demands Judgment against the Defendant(s), Joseph P. Ruane, in an amount less than the Court's Arbitration limits, plus costs and pre- judgment interest in accordance with law. CQU-NT III - UNJUST ENRICHMENT 21. Plaintiff incorporates by reference, all of the foregoing averments of this Civil Action Complaint, as though the same were more fully set forth in length herein. 22. Defendant(s), by the use of the Discover credit card account and the extension of credit, received the benefit of the same which was given on the said credit account and has/have failed to make payment for the receipt of the said benefit. 23. As a direct result of the receipt of the benefit of the extension of credit understanding as above, the Defendant(s) has/have been unjustly enriched in an amount less than the Court's arbitration limit, to Plaintiffs detriment. WHEREFORE, Plaintiff, Discover Bank, demands Judgment against the Defendant(s), Joseph P. Ruane, in an amount less than the Court's Arbitration limits, plus costs and pre- judgment interest in accordance with law. DATE: /it 3 X. GRIMES, ESQUIRE for Plaintiff V; RMCATION I, JAMES BALL, hereby state that I hold the position of Team Leader with DB Servicing Corporation, and that I am authorized to take this Verification on behalf of DB Servicing Corporation, successor to DFS Services LLC, the servicing affiliate of Discover Bank. T certify that Discover Bank is issuer and owner of the credit card obligation of lose-ph P, Ruane (card number 8109) and that the balance owed as offa.nuary 31, 2011 was $3,146.45, The Plaintiff lacks sufficient knowledge or information to execute this verification, however, I Have sufficient Imowledge and information in my position as Team Leader with DB Servicing Corporation which is a subsidiary of Plaintiff and is the servicing, affiliatee. of Plaintiff. THAT, in my capacity as Legal Placement Account Manager, I have access to records. regarding the Discover Card Account of the above referenced Debtor(s), further, that i have personally inspected said Acount: and statements regarding the balance clue on said account, DB Servicing Corporation maintains these records in the ordinary course of business. i further certify that Discover Bank is the owner of the credit acrd obligation of Defendant(s), and that the facts contained in the within pleading are true and correct: to the best. of his knowledge, inforniartion and belief. I understand that the statements made herein are made subject to the pcnaltics of 1S PA. C.S. Section 4904 r6ating to urisworn falsification to authorities. Date: EXHIBIT "A" ia N 0 ' t3%+? N r.. E vl% f. ,ter r ? Z 0- s I y? 4 of O r r s (D ? t ? w } vwl p ? '?, : ' ? v ? 4 4 ? t 4 p;' ca t?' 0 u O , P ? v w u a W O y .? I s ? e+ 5 w•r v 0 ? d ? p' w•fc ?a3 ? 0 0 I< ? c t4 a : ? i M V ?" ? -• 7 ? ? c7 M ` o C- m cU C ? y 4 ).,- Z a '% tom' O t- z - - r - I v o * E .£ b r3 s DISCOVER' YOUR DISCOVER"' ACCOUNT CARDMEMBER AGREEMENT ......... .. ..... Pages 1-13 The terms and conditions of your Account, including how we calculate finance charges, our fees and an Arbitration of Disputes section. You have the right to reject the arbitration provision with respect to your new Account within 30 days after receiving your Card, as explained in the "Right to Reject Arbitration" section at page 13. PRIVACY POLICY .......:.................Pages 13-16 A summary of the personal information we collect, when it may be shared with others, and how we safeguard the confidentiality and security of information. You may limit our sharing of such information with others as explained in section 4 of the Privacy Policy at page 15. BILLING RIGHTS .................... . ..... Pages 16-17 Important information about your rights and our responsibilities under the Fair Credit Billing Act, DESCRIPTION OF COVERAGE ... . . . . . . . ..... Pages 18-2S The terms and conditions of the Scheduled Air Travel Accident Insurance and the Secondary Rental Car Collision Coverage that is provided at no charge to you when you use your Card to purchase airline tickets or rent an automobile. GLOBALTRAVELER'S HOTLINE ..................Page 25 The terms and conditions of this free travel assistance benefit. 0,2010 Oisoover Bank.. hiamber FDIC TL22AG.0210 10DCNC 028QK_TL22A?0210 p1361_,rendoctMd 1-2 12(15.-'LP ':36.:41 PIA CARDMEMBER AGREEMENT Late Fee .................................................. Returned Payment Fee , .... . Returned Discover Card Check Fee ............. .......... Pay-By-Phone ............................................. Research fee .............................................. DEFAULT AND CANCELLATION .. . Types of Default ..... . .......................... . Consequences of Default . .... Cancellation ....................... ............. PRIVACY AND OUR COMMUNICATIONS WITH YOU .... ............ Our Privacy Policy ........................................... Reporting to Credit Reporting Agencies ....................... Please read this Agreement carefully before using your Discovers Card Account it contains the terms and conditions of your Account some of which may have lunged from eadler materials provided to you. In the event of any differences, this Agreement shall control, We respect your rivac See the Priva n ti 10 li d P i P f p y. cy sec on o page an our r vacy o cy or additlonal information. The Arbitration of Disputes section on page It includes a waiver of a number of rights, lnduding the rlyhi to a jury trial, Th Ri ht i R A bi i 6 e g to eject trat r on sect on on pop 13 descsl as the procedu re you must follow if you desire to reject the Arbitration of Disputes walon. DEFINMONS ................................................... 2 USING YOUR ACCOUNT ......................................... 2 Your Acceptance of this Agreement ............................ 2 Permitted Uses of Your Account ............................... 2 Prohibited Uses of Your Account ............................... 3 Purchases and Cash Advances In Foreign Currencies ............... 3 Cash Advances ............. . . ............................... 3 Balance Transfers ........ . ................................... 3 Credit Authorizations ........................................ 3 Authorized Users ............................................ 3 Unauthorized Use ........................................... 3 Your Credit Lines - . ......................................... 4 CHANGES TO THIS AGREEMENT ...................... . ............ 4 MAKING PAYMENTS ............................................. 4 Promise to Pay .................................. ..., . 4 Monthly Billing Statement .................................... 4 Monthly Payyment Options .................................... Automatic Billin Arran ements 5 5 g g ............................... How We Apply Payments. . 1. . ...... .......................... 5 Minimum Monthly Payment. . ... . .......... . . ........... .... 5 Skip•A-Pa ent Offers ........................ ... Credit Bal 5 . ances............................... ... ...... . FINANCE CHARGES ............................................... 5 6 How We Calculate Periodic Finance Charges ....... ............. 6 How We Calculate Your Balances ................ ............. 6 Variable Interest Rates ......................................- 7 Default Rate.... ........................................... 7 Cash Advance Transaction Fee Finance Charges .................. 8 Balance Transfer Transaction Fee Finance Charges ................ 8 Foreign Currency Transaction Fee Finance Charges ............... 8 Minimum Finance Charge ..... . ......... ................. . 8 Account Set-up Fee Finance Charge ............................ 8 FEES ........................ .................................. 8 Annual Fee ................................................. 8 10DCN10 0280K_TL22AG0210_013ef readechzdd 31 ,Z'i5:fir 1:3641 cM1r Our Communications with You ................. . ............. 10 Releasing Information About Your Account ............... 10. Electronic Notices to You ...... 10 Notices- Changes to Your Information ... . .. . . . . . ..............10 CLAIMS AND DISPUTES ..........................................10 Merchant Disputes ...........................................10 Claim Notices ...............................................11 Arbitration of Disputes. .. .. . ............................... . .11 Right to Re'ect Arbitration ................... . .... . . . .........13 LEGAL INTERPROATION OF THIS AGREEMENT ... . ................ . ..13 Severabiltty ....... . . . .......................................13 Compliance with Interest Rate Limitations ............ . . . . . . . . ...13 Governing Law....,....... ..13 ASSIGNMENT OF ACCOUNT ........... . ................... . .... ..13 DEFINITIONS "Account" means our Discover Card Account. "Authorized User' means any person whom you authorize to use your Account or a Card, whether you notify us or not. "Card" means any one or more Discover Cards issued to you or someone else with your authorization. "Pricing Schedule" means the document accompanying your Card and listing the Finance Charge rates that apply to your Account. The Pricing Schedule is part of this Agreement. "We," "us" and "our" refer to Discover Bank, the issuer of your Discover Card. "You," "your" or "yours" refer to, in addition to you, the Cardmani any other person or persons who are also contractually liable under this Agreement. USING YOUR ACCOUNT Your Acceptance of this Agreement. The use of your Account or a Card bq you or an Authorized User, or your failure to cancel your Account within 30 days after receiving a Card, means you acrepPtthis Agreement, including the Arbitration of Disputes section on page it. You Mey, however, reject the Arbitration of Disputes section as explained on page 13. Permitted Uses of Your Account Your Account may be used for • Purchases - to purchase or lease goods or services from participating merchants by presenting your Card or Account number or by using promotional checks, which we may furnish to you, In accordance with such additional terms and conditions as we may offer from time to time. • Cash Advances - to obtain ash 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, traveler's checks, savings bonds, foreign currency and wire transfers, or by means of checks which we may furnish to you, all in accordance with such additional terms and conditions as we may offer from time to time. r Balance Transfers - to transfer balances from other creditors or to make other transactions by means of balance transfer coupons or checks, in accordance with such additional terms and conditions as we may offer from time to time, in addition, your Account may be used to guarantee reservations at participating establishments. You will be liable for guaranteed reservations that are not cancelled prior to the time specified by the establishment. Your Account may be used for personal, family, household and charitable purposes, -2- 1 Q011I00_G280K_TL22AG02'0_01361 readw.Indd 5.8 Prohibited Uses of Your Account. Your Account may not be used to obtain loans to purchase, carry or trade insecurities, to pay any amount you owe under this Agreement or for any transactions that are unlawful where you reside or where you are physically located when you use the Account to initiate the transaction ("Prohibited Transactions"). Purchases and Cash Advances in Foreign Currendes. If you make a rrchase or cash advance in a foreign currency, It will be converted to U.S. dollars using either a government-mandated rate, a government-published rate or the interbank exchange rate, depending on the country and currency in which the transaction is made. The rate used will be the rate in effect on the conversion date for the transaction, which may be different than the Transaction Date as shown on your statement, We charge a Foreign Currency Transaction Fee Finance Charge for each purchase made in a foreign currency as described in the Foreign Currency Transaction Fee Finance Charges section on page a. Cash Advances, We may periodically offer you promotional rates on cash advances for the time period specified in the offer, subject to the Default Rate section. The offer may contain a Cash Advance Transaction Fee Finance Charge for each cash advance. Balance Transfers. We may periodically offer you the opportunity to make balance transfers from other creditors or to make other transactions to your Account by means of balance transfer coupons or checks. Each offer will contain a promotional rate, which will be the Annual Percentage Rate that will apply to transferred balances for the time period specified in the offer, subled to the Default Rate section and may contain a Balance Transfer Transaction Fee Finance Charge for each balance transfer made during the term of the offer, as disclosed in the offer and as set forth in the Pricing Schedule, if applicable. Balance transfers subject to the promotional rate are referred to as promotional rate balance transfers; balance transfers for which the promotional rate has expired are referred to as purchase rate balance transfers. Each offer will contain an expiration date. If you attempt to transfer balances by means of a check after the expiration date, we will treat the transaction as a cash advance. We will not make balance transfers attempted by means of a coupon after the expiration date. Credit Authorizations. Certain tramactlons will require our authorization prior to completion. In some cases, you may be asked to provide identification. We have the right not to authorize a transaction for security or other reasons, Also, if our authorization system 4 not working, we may not be able to authorize a transaction, We will not be liable to you if any of these events happen. Authorized Users, If you want to cancel the authority of a current Authorized User to use your Account or a Card, you must notify us and destroy any Card in that person's possession. You can noti us by telephoning 1.80DISCOVER (1.800.347.2683), or by writing Discover, PO Box 30943, Salt Lake City, UT 841340943. None of your rights under this Agreement (other than to pay amounts owed) may be exercised by any person not a party to this Agreement acting pursuant to a power of attorney, without our separate written agreement (which we are not obligated to give), Unauthorized Use. Prior to its use, each Card must be. signed by the person to whom it is issued. If a Card 4 lost or stolen, or if you think that someone is using your Account or a Card without your permission, notify us Immediately. You can notify us by telephoning 1-900-DISCOVER (1.800347.2683), or by writing Discover, PO Box 30943, Salt Lake City, UT 84130.0943. You agree to .3 . 12.15!00 "MA' W assist us in determining the facts relating to any theft or possible unauthorized use of your Account or a Card and to comply with such procedures as we may require in connection with our investigation. Your Credit Unes, We will advise you of your Account credit line, We may impose a lower line that will apply to cash advances, referred to as the cash advance credit line. We may also impose a lower line that will apply to balance transfers, referred to as the balance transfer credit line, You agree not to allow your unpaid balance, including Finance Charges and fees, to exceed your Account credit line. If you exceed your Account credit line, we may request immediate payment of the amount by which you exceed your Account credit line. We may increase or decrease your Account credit line, your cash advance credit line or your balance transfer credit line without notice. The credit available for your use may, from time to time, be less than our Account credit line. For purposes of determining your available credit, we reserve the right to Postpone for up to 15 business days redudng your unpaid balances by the amount of any payment that we receive. Your available credit will not be increased by the amount of any credit balance. CHANGES TO THIS AGREEMENT From time to time, we may, to the extent permitted by law, change any term of this Agreement. including, but not limited to, an finance charge rate, fee or method of comrd, ing any balance upon which the finance charge rate h assessed, at r deleto any term to this Agreement. We will ilia you notice of the change In the time and manner required bylaw, which includes 45-days advance written notice in some dnumstances, in addition, to the extent required by law, we wig offer you the oppppoortunity to reject a changpe. For example, law requires, with certain eucep 1s, that we offer you the opportunity to road an Inowe in a late fee or the elimination of a grace period prior to the effective date of the change, ff you reject a lunge in accordance with the instructions in the notice provided, we will close your Account and you will no longer be able to use it for further transactions. You can then pay the remaining balance under the unchanged term. We may also change any term of any product service or benefit offered in connection with yyour Account We will notify you as required by law or by the terms of tha product service or benefit MAKING PAYMENTS Promise to Pay. You agree to pay us In U,S, dollars for all purchases, cash advances and balance transfers including applicable Finance Charges and other charges or fees, incurred by you or anyone you authorize or permit to use your Account or a Card, even if you do not notify us that others are using your Account or a Card, If you pay us in other than U.S. dollars, we may refuse to accept the ppayment or chargge your Account our cost to convert yyour payment to U.S, dollars. All checks must be drawn on funds on deposit In the U.S. You may not use a cash advance check balance transfer check or coupon or any other promotional check drawn on any Discover Bank credit card account to make payments on your Account If your Account is a joint Account each of you agrees to be liable individually and jointly for the entire amount owed on your Account, We can accept late payments or partial payments or checks and money orders marked "payment in full" or with any other restrictive endorsement without losing any of our rights under this Agreement. Monthly Billing Statement We will send you a billing statement after each monthly billing period in which you have a debit or credit balance, unless .4- 1 ipDCbSp_02HOK_?L22A;`02!0_61361_eeAer.lnd: ?-e we waive our right to do so as permitted by law. The billing statement will show all purchases, cash advances, balance transfers, finance Charges and other charges or fees and all payments or other credits posted to your Account during the billing period. It will show your New Balance, Payment Due Date and Minimum Payment Due as of the end of the billing period. If your prior month's payment Is returned unpaid, your required Minimum Paymant Due may be higherthan shown on your billing statement. Seethe Minimum Monthly Payment section on page 5. Monthly Payment Options. You may at any time pay the entire New Balance shown on your billing statement, but each month you must pay at least the Minimum Payment Due as described in the Minimum Monthly Payment section. All payments must be made in accordance with the terms stated on your monthly billing statement, as well as the payment cut-off time stated in this section, and we will credit your Account in accordance with those terms and this section. Payments received in proper form at our processing facility by 5PM local time on any day will be credited as of that day. Payments received in proper form at our processing facility after 5PM local time will be credited as of the next day. Automatic Billing Arrangements. If your Account number and/or Card eexpiration 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 that you verify the merchant has your new Account information, You must contact the merchant directly it you do not wish to continue the automatic billing arrangement. How We Payments. Each billing period, to the extent your payments exceed the Minimum Payment Due shown on your current bliling statement, we will apply these excess amounts in order of the Annual Percentage Rate applicable to the balance of each transaction category (as referenced in the Finance Charges section), generally from highest to lowest beginning with the balance subject to the highest Annual Percentage Rate, Otherwise, we will apply payments and credits at our discretion, Including in a manner most favorable or convenientfor us. In all cases, we will apply payments and reedits in accordance with applicable law. Minimum Monthly Payment. The Minimum Payment Due each billing period will equal, (1) the greater of: • Sop; • 2% of the New Balance; or • current Periodic Finance Charges plus Late Fees plus 4281 01'plus any past due amount. We may also include some or all the amount by which you exceed your Account credit line, When we calculate the Minimum Payment Due, we may subtract from the New balance certain fees added to your Account during the billing period. The Minimum Payment Due will be rounded up to the nearest dollar and will never exceed the New Balance. Skip-A-Payment Offers. We may from time to time allow you to not make a minimum monthly payment and will notify you when this option is available, if you take advantage of this offer and do not make a minimum monthly payment, finance charges and any applicable fees will accrue on your Account in accordance with this Agreement and you must pay the Minimum Payment Due for the following billing periods. Credit Balances. We will refund any credit balance within seven business days from receipt of your written request. If you do not request a refund, -5- t2riGMS t:Gf:a2 ant 1 we will automatically refund credit balances greater than $1 that remain in your Account after 6 months. FINANCE CHARGES How We Calculate Periodic Finance Charges. We begin to Impose Periodic Finance Charges on all transactions from the Transaction Date for the transaction shown on your billing statement, unless a transaction is posted to your Account after the dose of the billing period in which it occurs, in which case we begin to impose Periodic Finance Charges on that transaction from the first day of the billing period in which it Is posted to your Account We continue to impose Periodic Finance Charges until the date you pay your entire New Balance shown on your billing statement by making payments or receiving credits, However, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that billing statement, we will not impose Periodic Finance Charges on new purchases, that is, purchases first appearing on the current billing statement, or any portion of a new purchase, paid by the Payment Due Date on your current billing statement. We call this the "grace period," There is no grace period on balance transfers or cash advances. As more fully described in the section titled "How We Apply Payments," we generally app payments to your Account based on the Annual Percentage Rate app icable to the balance of each transaction category. This means that if ou do not pay the New Balance on the current billing statement by the Payment Due Date shown on that billing statement, then, depending on the amount of your payment and the Annual Percentage Rates on other balances, you may not get a grace period on new purchases, We sort your transactions into groups of purchases, cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate For example, purchases subject to a promotional rate and purchases subject to a standard rate would be separate groups We refer to these groups as transaction categories. At the end of each billing period we compute balances and Periodic finance Charges for each day of the 611ing period for each transaction category, We use the following equation to compute Periodic Finance Charges for each transaction category: (Average Daily Balance) times (days in billing per)od) times (Daily Periodic Rate). You may refer to the finance Charge Summary on your billing statement for these amounts, Them we add up the Periodic Finance Charges for each transaction category to get the total Periodic Finance Charges for your Account. The Average Daily Balance is shown as zero if, because of the grace period, no Periodic Finance Charges apps to the balance in a transaction category The Daily Periodic Rate is 11365th of the corresponding Annual Percentage Rate. How We Calculate Your Balances, We use the Average Daily Balance {including new transactions) method of calculating the balance upon which we Impose Periodic Finance Charges. We compute the Average Daily Balance for each transaction category by adding up all the daily balances in a billing period for a transaction category and dividing the total by the number of days in the billing perlod, We compute the daily balance for each transaction category on each day by first adding the following to the previous day's daily balance: transactions with a Transadion Date of that day as shown on your billing statement, unless the transaction is posted to your Account after the close of the billing period in which it occurs, in which case the transaction will be added to the daily balance as of the first day of the billing period in which it is posted to you' Account, fees charged that -6- 1ppCtt _0260K 122AG021^_4?3ei_reade!.indd a-10 day and Periodic Finance Charges accrued on-the previous day's dally balance, and by then subtracting any oedntc and payments that are applied against the balance of the transaction category on that day, in calculating the daily balance for the first day of the billing period, we consider the for each .previous day's cate on balance" the last day of your previous billing period. transaction 9ory ry Y Y P 9 Pe All fees charged to your Account are added to the standard purchase transaction category with the exception of Cash Advance Transaction Fee Finance Charges which are added to the applicable cash advance transaction category and Balance Transfer Transaction Fee Finance Charges which are added to the applicable balance transfer transaction category. Variable Interest Rates. one or more Daily Periodic Rates and corresponding Annual Percentage Rates that apply to a transaction category may be variable rates as set forth in your Pricing Schedule or In any special offers you receive from us. Variable Annual Percentage Rates are determined by adding a specified number of percentage points to the Prime Rate, This is shown on the Pricing Schedule as "Prime + (percentage points)." For purposes of this Agreement, the Prime Rate is the highest rate of interest fisted as the "prime rate" in the Money Rates section of The Wall Street Journal on the last business day of the month. The Prime Rate is merely a pricing index and does not represent the lowest or best interest rate available to a borrower at any bank at any given time. If you have a variable rate, your Annual Percentage Rate will increase or decrease when the Prime Rate changes. This change will be effective beginning with the first day of the billing period that begins during the same month as the change in the Prime Rate. An increase in the Annual Percentage Rate may increase your Minimum Payment Due. Default Rate. Each time that you do not make the minimum Payment Due by the Payment Due Date we may, in accordance with applicable law. (i) terminate the availability of any promotional Annual Percentage Rates on new transactions; and (ii) increase your Annual Percentage Rates for new transactions to variable Default Rates. Each new variable Default Rate for a new transaction is determined by adding up to 5 additional percentage points to the otherwise a listable Annual Percentage Rate and will vary based on any changes in the Prime Rate. (For example, If the promotional purchase rate was 2,9946 and the rate for other purchases was 15,99% and yyou paid late once, the rate for all new purchases could increase up to 20.99% variable and vary thereafter with the Prlrna Rate.) When we first determine the variable Default Rates, we use the Prime Rate Active for the billing period in which you pa late, The variable Default Rates are determined in accordance with the Variable Interest Rates section. We will base your Default Rate on your creditworthiness and other factors such as your current Annual Percentage Rates and your Account history. If we increase any of your Annual Percentage Rates to a Default Rate, we will send you a notice, in accordance with applicable law, advising of (j) the date the new Default Rate will apply (the `Default Rate Effective Date'), (ii) the type of new transactions to which it will be applied (note: the new Default Rate will not apply to any other transactions) and, (iii) your right to reject the new Default Rate. New transactions are those transactions which either (1) have a Transaction Date, as shown on your billing statement, of more than fourteen days after we mail or deliver the notice to you or, (ii) if permitted by applicable law, were posted to your Account after the current Default Rate Effective Date, Your Account will not be subject to a Default Rate for the first twelve billing periods after your Account !s first opened, -7- 2!15_TB !:3e AV`Ni I, If your Annual Percentage Rate for purchases, balance transfers or cash advances was increased to a Defauft We, we will, to the extent required by applicable law, periodically review your Account to determine if any of your Annual Percentage Rates should be reduced, Any reduced Annual Percentage Rates on new and existing balances may be different and may be higher than your previous standard Annual Percentage Rates for purchases, balance transfers andlor cash advances or any promotional rate. Cash Advance Transaction In 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 S10 and no maximum. The imposition of Cash Advance Transaction Fee Finance Charges may result in an Annual Percentage Rate for cash advances that is higher than the nominal Annual Percentage Rate, All forms of cash advances, including the use of Discover Card checks, regardless of the purpose for which used, are subject to Cash Advance Transact on Fee Finance Charges. To obtain the total Finance Charge on cash advances for each billing period, we add any Cash Advance Transaction Fee Finance Charges for the billing period charged under this section to any Periodic Finance Charges calculated under the Periodic Finance Charges section for each cash advance transaction category and add up these amounts. Balance Transfer Transaction Fee Finance Charges, Unless otherwise specified in a balance transfer offer, we will charge you a Balance Transfer Transaction Fee FINANCE CHARGE of S°A of the amount of each new balancetransfer 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 billing period, we add any Balance Transfer Transaction Fee Finance Charges for the billing period charged under this section to any Periodic Finance Charges calculated under the Periodic Finance Charges section for each balance transfer transaction category and add upthese amounts. Foreign Currency Transaction Fee Finance Charges. We will charge you a Foreign Currency Transaction Fee FINANCE CHARGE of 2% of the U,S, dollar amount of each purchase made In a foreign currency. The imposition of Foreign Currency Transaction Fee Finance Charges may result in an Annual Percentage Rate for Purchases that is higher than the nominal Annual Percentage Rate, To obtain the total Finance Charge on purchases for each billing period, we add any Foreign Currency Transaction Fee Finance Charges for the billing period charged under this section to any Periodic Finance Charges calculated under the Periodic Finance Charges section for each purchase transaction category and add up these amounts. Minimum Finance Charge. We will charge you a minimum FINANCE CHARGE of 52 for any billing period in which Periodic Finance Charges of less than 5.50 would otherwise be imposed, Account Set-up Fee Finance Charge, If your Pricing, Schedule accompanying your Card includes an Account Set-up Fee, we will charge you a one-time Account Setup Fee FINANCE CHARGE in the amount indicated when we open your Account, FEES Annual Fee. it your Pricing Schedule accompanying your Card includes an Annual Fee, we will charge you an Annual Fee in the amount indicated, We will charge you this fee when we open your Account and at the beginning of each anniversary year your Account is open. The Annual Fee is not -8- 1 '6DCk4O_02aOK_TL22An0210_Ot361 reader.indd 11-12 refundable, except as provided by law. Lau 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 Pee is based on the sum of all outstanding purchases, cash advances, balance transfers, other charges, other fees and Finance Charges at the end of the billing period for which we did not receive timely payment. If the sum is $250 or less, the fee is $19. If it is greater than S250. the fee is $39. Returned Payment Fee. We will charge you a Returned Payment fee of $35 each time you pay us with a check or other instrument that is returned unpaid. This fee will also apply if a debit transaction to a deposit account from which you have authorized us in writing, electronically or orally to periodically deduct all or a part of an amount you owe us under the Agreement is returned unpaid. We will charge you this fee the first time any payment is returned unpaid, even if it is paid upon resubmission, Returned Discover Card Check Fee. We will charge you a Returned Discover Card Check Fee of $35 each time we dedine to honor a Discover Card cash advance check, balance transfer check, promotional purchase check, or other promotional check. Poy-Phone, We may from time to time allow you to make payments by authorl mg us over the telephone to transfer or pa funds from a deposit account to your Account. We will not charge you a Pay-By-Phone Fee. Research fie. We may charge you a Research Fee of $5 for each copy of a billing statement or sales slip that you request. However, we will not charge a fee if you request copies in connection with a billing error, DEFAULT AND CANCELLATION Types of Default. You are in default if you become Insolvent; if you file a bankruptcy petition or have one filed against you; if we have a reasonable belief that you are unable or unwilling to repay your obligations to us; if you are declared incompetent by a court or if a court appoints a guardian for you Ora conservator for your assets; If you die; if you fall to comply with the terms of this Agreement, including failing to make a required payment when due, exceeding your Account credit line or using your Card or Account for a Prohibited Transaction; or if you fail to make a required payment when due on any other account you have with us, Consequences of Default. If you are in default, we may declare the entire balance of your Account immediately due and payable without notice, If we refer the collection of your Account to an attorney or employ an attorney to represent us with regard to recovery of money that you owe us, we may charge you reasonable attorneys fees and court or other collection costs as perm ed bylaw and as actually Incurred by us, including fees and costs in connection with any appeal. We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them. Cancellation. You may cancel your Account by notifying us in writing or by telephone and returning or destroying every Card and unused check that we have provided you. You can notify us by telephoning 1400•D{SCOVER (14H&347.2683), or by writin Discover, PO Box 30943, Salt Lake City, UT 84130-043. Of course, you will still be responsible to pay any amount you owe us according to the terms of this Agreement. If your Account is a oint Account, either Cardmember may cancel the Account, but you wil{ boot remain responsible to pay any amount owed to us according to the terms of this Agreement. We may cancel or suspend your Ac(ourd at any time without notice. We may choose not to renew your Account (beyond the expiration date shown on the face of a Card) without notice. You must return any Card or unused checks to us upon request. -9- 12Ii 6+119 1'.36:42 Fivt PRIVACY AND OUR COMMUNICATIONS WITH YOU Our Privacy Policy, We may from time to time review your credit, employment and income records. We respect the privacy of information about you and your Account. Our Privacy Policy Includes is 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 Credit Reporting Agencies. As indicated in our Privacy Policy, we may report to credit reporting agencies and other creditors the status and payment history of your Account, including negative credit information. Late payments, missed payments or other defaults on your Account may be reflected in your credit report. We normally report to such credit reporting agencies each month, If you believe that our report of your Account status is inaccurate or incomplete, lease write us at the following address: Discover, PO Box 15316, Wilmington, DE 19850-5316. Please include your name, address, home telephone number and Account number, Our Communications with You. You agree that our personnel may listen to or record telephone calls between you and our re esentatives without additional notice to you, including but not limitertto calls we make to tolled debts. We may use any medium permitted by law, including but not limited to mail, live telephone calls, automated telephone equipment, prerecorded telephone calls, e-mail and calls to your cell phone to contact you about your Account or to 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, you must either telephone us at 1.800-DISCOVER (1-800.347.2683) or write to us at Discover, PO Box 30961, Salt Lake City, UT 30961-0961. Releasing Information About Your Account, We provide various methods by which you can obtain Information about your Account. We will only release such information to you, any Authorized User that our records indicate is an authorized buyyer on your Account, and any other person with your prior permission, in addltion to as provided In our Privacy Policy or as required by law. Our security measures cannot insure against unauthorized inquiries. You agree that we will not be responsible for the release of information to anyone who, even if 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, Account number or social security number, Electronic Notices to You. We may offer you the opportunity to receive certain notices from us electronically rather than through the mail, including monthly billing statements and change of terms notices. The terms and conditions for receiving these electronic communications will be described in the offer. Notices - Changes to Your Information. If you change your e-mail address, mailing address or telephone number you must notify us of your new address or telephone number within 15 days, You can notify us by telephoning 1-800-DISCOVER (1.800.347-2683) or by writing Discover, PO Box 30943, Salt Lake City, UT 84130.0943. If your Account is a joint Account any notice we mail to an address you have provided for the Account will serve as notice to both Cardmembers, CLAIMS AND DISPUTES Merchant Disputes. We are not responsible for the refusal of anyone to accept or honor a Card or to accept checks that we have provided you. If a merchant fails to provide your purchase to your satisfaction and you -to- request a credit to your Account, vie will investigate the dispute. If we resolve the dispute In your favor, we will issue a credit to your Account and you Oil be deemed to have assigned to us your daim against the merchant andlor any third party for the credited amount. Upon our request you agree to provide us with written evidence of such assignment. Claim Notices, In the event that you or we have a claim that arises from or relates to your Account, any prior account you had with us, your application, the relationships which result from your Account or the enforceability of the Agreement or any prior agreement, before initiating, joining or participating in airy judicial or arbitration proceeding, as either an individual litigant or member of a class ("Proceeding"), the complaining party shall give the other pparty, (1) a written notice of the claim ("Claim Notice"), at least 15 days before initiating any Proceeding, explaining in reasonable detail the nature of the claim and any supporting facts and (2) a reasonable good faith opportunity to resolve the cla'en without the necessity of a Proceeding. This Includes any claims involving our parent corporation, subsidiaries, affillates (including, without limitation, DFS Services LLC), predecessors, successors, assigns, as well as the officers, directors and employees of each of these entities. Any Claim Notice shall be sent to us at Discover, PO Box 3024, New Albany, OH 43054 (or such other address as we shall subsequently provide to you) (the "Claim Notice Address") or to you at your address appearing in our records or, if you are represented by counsel, to your attorney at your attorney's office, Arbitration of Disputes, Agreement to arbitrate, In the event of any past, present or future claim or dispute (whether based upon contract tort, statute, common law or equity) between you and us arising from or relating to your Account, any prior accourit you have had with us, your application, the relationships which result from your Account or the enforceability or scope of this arbitration provision, of the Agreement or of anydprigor agreement, you or we may elect to resolve the daim or clis ute by bin In YOU NORrWrE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED, NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDMEMBERS NTH RESPECT TO OTHER ACCOUNTS, 08 LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY ("Class Action Waiver"". Notwithstanding anything else to the contrary in this arbitration provision, only a court, and not an arbitrator, shall detennine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision. We will not invoke our right to arbitrate an individual claim you bring in small claims court or your state's equivalent court if any, unless such action is transferred, removed or appealed to a different court. Governing Law and Rules. Your Account involves interstate commerce and this provision shall be governed by the Federal Arbitration Act (FAA). The arbitration shall be conducted, at the option of whoever files the arbitration claim, by either the American Arbitration Association (AAA) or JAMS in accordance with their procedures In effect when the claim is filed. For a co of their procedures, to file a claim or for other information, contact AAA at 335 Madison Ave., Floor 10, New York, NY 10017.5905, -tt- 10MYO 02CiOK_TL22AG0210 C136T_readerlndd 13.14 wvm.adr,org (phone 1.800.778-7879) or JAMS at 620 Eighth Ave., Floor 34, New York, NY 10018, www.jamsadr.com (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 die arbitration administrator and we and you are unable to agree on a re lacemem administrator or arbitrator, then a court of competent jurisdiction will appoint an administrator or arbitrator or arbitrators (In the case of an appeal to a panel of three arbitrators as described below). Unless consented to by all parties, no arbitration may be administered by any administrator or arbitrated by any arbitrator that has any formal or Informal polity, rule or procedure that is Inconsistent with or purports to override the terms of this section. If we elect to resolve a claim or dispute by binding arbitration and the arbitrator Issues an award in your favor on a claim or daims with respect to which you would not otherwise be entitled to recover your arbitration filing, administrative and hearing fees, reasonable attorneys' fees and/or other arbitration costs, we will be responsible for paying or reimbursing such costs and fees if awarded by the arbitrator. Fees and Costs. At your written request, we will advance any arbitration filing, administrative and hearing tees which you would be required to pay to pursue a claim or dispute as a result of our electing to arbitratethat claim or dispute. Send requests to Discover, PD Box 30421, Soh Lake City, UT 84130.0421. The arbitrator will decide who will ultimately be responsible for paying those fees. You will only be responsible for paying or reimbursing our arbitration filing, administrative or hearing fees to the extent you woutd 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 proceeding where such a payment or reimbursement is prohibited by applicable law. Hearings and Decisions. Any arbitration hearing will take place in the federal judicial district where you reside. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and shall be authorized to award all remedies permitted by the substantive laws that would apply if the action were pending in court. If requested by any party, the arbitrator shall write an opinion containing the reasons for the award, The arbitrator's decision will be final and binding except for any appeal rights under the FAA and except that if the amount in controversy exceeds $100,000, any party may appeal the award within 30 days to a three-arbitrator panel, which shall review the award de now, Unless applicable law 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 any court having jurisdiction. Other Beneficiaries of this Provision. Our rights and obligations under this arbitration provision shall inure to the benefit of and bebinding upon our parent corporations, subsidiaries, affiliates (including, without limitation, DFS Services LLU, 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 this arbitration provision. Your rights and obligations under this arbitration provision shall inure to the -12- benefit of and be binding upon all persons contractually liable under this Agreement and all Authorized Users of the Account. Survival of this Provision, This arbitration provision shall survive termination of your Account as well as voluntary payment in full by you, any legal proceedings by us to tolled a debt owed by you, any bankruptcy by you and any sale by us of your Account. Right to Reject Arbhratton. You may reject the Arbitratlon of Disputes section by providing us a notice of rejection within )0 days after receiving a Card, at the following address: stover, PO Box 30936, Salt Lake CIN UT 84130-0938. If you were previously subject to arbitration with respect to any account with us, this right to reject arbtration 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 wilt not affect your other rights or responsibil ties under this Agreement or your obl'gation to arbitrate disputes under any other account as to Mich you and we have agreed to arbitrate disputes. If you do not send a rejection notice, you will be obligated by the Arbitration of Disputes section with respect to this and any prior account you have had with us, even if you have previously sent a rejection notice with respect to that prior account, LEGAL INTERPRETATION Of THIS AGREEMENT Sevarabllity. If any part of this Agreement becomes unenforceable, it will not make any other part unenforceable, except that if the Class Action Waiver set forth above in the Arbitration of Disputes section is invalidated in any proceeding in which you and we are involved, then the Arbitration of Disputes section will be void with respect to that proceeding. Compliance with Interest Rate Limitations, We intend that this Agreement will comply with applicable interest rate limitations. You will not be required to pay Finance Charges or other charges at a rate that is greater than the maximum amount permitted by law. If it is ever finally determined that, but for this section, the Finance Charges or other charges under this Agreement would exceed the maximum lawful amount, the Finance Charges and other charges will be reduced to the maximum lawful amount. Any amount that you have already aid will be used to reduce the outstandln9 balance of your Account or will be refunded to you by means of a check in our discretion. Governing Law. This Agreement and any claim or dispute arising out of this Agreement will be governed by applicable federal law and, to the extent state law applies, Delaware law. ASSIGNMENT OF ACCOUNT We may sell, assign ortransfer your Account or any portion thereof without notice to you. You may not sell, assign or transfer your Account without first obtaining our prior written consent. PRIVACY POLICY We are required by federal law to provide you with a copy of our Privacy Policy aach year. If yyou have previously notified us about your privacy preferences, as dascribed in Section 4, it is not necessary to do so again unless you decide to change your preferences, -13- ?00Ch1Q_0250K_TL22AG02'0_013G1_raadarindd 1S.16 '22115% 1 WAe FIN! We Respect Your Privacy Our mission is to provide you with superior produce and services, along with the peace of mind knowing that the security of your personal information is out top priority. We understand your concerns about guarding information about you and your Account. We want to asswe you that we have taken steps, and will continue to take steps, to safeguard that information. This Privacy Policy describes our efforts to meet these objectives, it includes a summary of the following important information: • A listing of the personal Information we collect; • The dreumstarxes in which we may share Information with others; • The ways we safeguard the confidentiality and security of information; and • The steps you may take to limit our sharing of such information with others. See Section 4 for complete details. Anse read our Privacy Policy carefully. It will help you understand how we collect and share information. 1. What Personal Information Do We Collect? To serve you better and manage our business, it is important that we collect and maintain accurate personal information about you, We obtain this information from applications 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 from applications and other forms you submit to us. , • We may obtain information such as Account balances, payment history your use of your Account and the types of services you prefer from your transactions and other dealings with us and others. • We may obtain information such as the balances of your loans with other lenders and your payment history with others from consumer reporting agencies, r We may obtain information such as your Internet service provider, your e-mall address, your computer's operating system and Web browser, your Web site use and your product and service preferences from your visits to Web sites. 2, Is Personal Information Shared with others? We limit the sharing of information with others. Many of the offers you receive for products and services are provided directly to you from us. For example, a retailer that accepts the Discovers Card may come to us with a special offer for Cardmembers, such as a discount certificate or product upgrade. After careful consideration of the nature of the offer and the company, we will create a list of Cardmembers who maybe 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 mating the offer ourselves. We control the information used to make the offer, we do not share the list or any information about our Cardmembers with the retailer. However, please understand that if you do receive this type of offer from us and choose to take advantage of it, the retailer may then learn Information about you because only Cardmembers with certain characteristics received the offer. There are, however, circumstances in which we may share the information we collect about you, as described In Section 1, with other companies in order to provide you with access to products and services and to service your Account effectively, as detailed below. We require these companies to adhere to our privacy standards and to use this information only for the -14- 10DCMD_02BQK TLT2App2?f_01381_raader.'ndd 17-1a limited purpose for which it was shared. We do not allow them to disclose. it to others without our prior approval. a. Sharing Personal information with Our Corporate Family Our corporate family offers a variety of products and services that can help you manage your finances. In order to provide you with access to these products and services, we may share the information we tolled about you, as described In Section 1, with other members of our corporate family. These companies include financial service providers that offer credit protection, card servicing and payment processing services. b, Sharing Personal information with Non-Affiliated Parties for Marketing Purposes We may share the information we collect about you, as described in Section 1, with nortiaffiliated third parties, including those that accept the Discover Card, in order to provide you with access to products and services offered directly by these companies that may be of value to you, These companies include financial service providers, such as insurance companies, and non- financial companies, such as retailers. c Sharing Personai Information with Others We may share the information we collect about you, as described in Section 1, with companies that perform support or marketing services on our behalf, such as maing, market research and data processing; other financial institutions with which we have joint marketing agreements; or companies that are our partners for co-brand credit card programs or reward programs. We may also share such information as permitted by law. 3. How Do We Protect the Confidentiality, Security and Integrity of Information about You? We maintain physical, electronic and procedural safeguards to protect the information we collect about you. Access to such information is restricted to Individuals who need it in order to service your Account or provide products and services to you, and who are trained in the proper handling of such information, Employees who violate these confidentiality requirements are subjert 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 yyou is accurate and complete. If you see Information in your monthly billing statements or elsewhere which suggests that our information is incomplete or inaccurate, please write to us at Discover, PO Box 30943, Salt Lake City, UT 64130.0943 so that we can update this information, 4. How Can You Limit Sharing of Information About You? We respect your privacy and oiler you choices as to whether we may share information about you with others. You have the option to tell vs not to share the information we collect about you, as described in Section 1, with non• affiliated third parties. You also have the option to tell us not to share the information we collect about you, as described in Section 1, with companies in our corporate family if you indicate a preference tot 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, of manage your finances. To indicate your preferences, please call us at 1-800-225.5202 or write to Discover, PO Box 30961, Salt Lake City, UT 84130.0961, If you have previously notified us about your privacy preferences, it is not necessary to do so again unless you decide to change your preferences. Your written request should include your name, address, telephone number and Account number(s) and should not be sent with any other correspondence. In order -15- 2'151rc -:3e 43 P?L to process your request, we require that the request be provided by you directly and not through a third party. You will need to provide us with your preferences for each credit card account you have with us. You mayy notify us about your preferences at any time, Your request will remain in effect until you notify us otherwise. We will honor your request and not share this information except as permitted by law, or example, federal law permits us to share Information about you with consumer reporting agencies, service providers and financial institutions with which we have joint marketing agreements. If you are a new Cardmember, we will not share any information about you, except as permitted by law, for thirty days after we provide this Policy to you in order to give you an oppportunity to inform us about your preferences, if you are an existing Cardmember, please understand that you may continue to receive marketing offers directly from other companies that were already in production prior to the processing of your request. This Privacy Policy is provided to the primary Cardmember listed on the Account. However, any joint Cardmember has the right to notify us about preferences and we will treat that request as applying to the entire Account. We do not share information about former customers, exceppt as permitted by law. This notification supersedes all previously issued Privacy Policies. We reserve the right to amend this Privacy Policy from time to time and we will notify you if we do so. This Privacy Policy a provided to you by Discover Bank and Its subsidiaries, which currently include GTC Insurance Agency, Inc. and Discover Products Inc, Unless otherwise specified, it applies to the family of Discover Cards for consumers and the products and services offered in connection with those Cards, including the Wallet Protection card registration service (with the exception of any Information registered in connection with the service, which will not be shared), it Is part of your Cardmember Agreement and provides a further explanation of how we tolled and share information. You may have other rights under state laws that apply to this information, Please note that you will also receive privacy notices for other credit card accounts you have with us, as well as other financial products and services provided to you by us and our affiliates. You will need to indicate your preferences for each of these separately as disclosed in the notice. Vermont Residents -Your state law requires financial institutions to obtain your consent prior to sharing information about you with others. Except as permitted by law, we will not share information we collect about you with non-affiliated third parties or companies in our corporate family unless you call us at 11-8MISCOVER (1-800.347.2683) and authorize us to do so. California Residents- Your state law requires financial institutions to obtaln your consent prior to sharing information about you with non-affiliated third parties. Except as permitted by law, we will not share information we collect about you with non-affiliated third parties while you are a resident of California, Your Billing Rights KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. 7. Notify Us In Case of Errors or Questions About Your Bill If you think'your bill is wrong or if you need more Information about a transaction on your bill, write us on a separate sheet of paper at the address listed on your bill for Notice of Billing Errors. Write to us as soon as possible. we must hear from you no later than 60 days after we sent you the first bill -t&- ?ODC1?1C_0280,,K_?f22.4G02t0_073Et_readar.hxld 10.20 on which the error or problem appeared, You an telephone us, but doing so will not preserve your rights. In your letter, give us the following information.: your name and Account number. your dollar amount of the. suspected error. r describe the error and explain, if you cam, why you believe there is an error If you need mom information, describe the Rem you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong, To stop the payment, your letter must reach us three 4usiness days before the automatic payment is scheduled to occur. 2. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges and we can apply any unpaid amount against your Account credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question, If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay the finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that is is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. 3. Special Rule for Credit Card Aurclimes If you have a problem with the quality of goods or services that you purchased with a credit card, and you tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the goods or services. There are two limitations on this right: (a) you must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b) the purchase price must have been more than $50, These limitations do not apply N we own or operate the merchant or If we mailed you the advertisement for the goods or services. 4, Purchases Made with Checks or Cash Advances The Special Rule for Credit Card Purchases does not apply to purchases made with a balance transfer check, cash advance or promotional purchase check. Therefore, if you have a problem with the quality of goods or services that you purchased with a balance transfer check, promotional purchase check, cash advance check or the proceeds of a cash advance, you do not have the right to withhold payment of the amount ciue_ •17- .,.it 5Me 1 '.34'.L.30".i i. DESCRIPTION OF COVERAGE 'SCHEDULED AIR TRAVEL ACCIDENT INSURANCE Discovers Cardmembers are provided with S500,0D0 Scheduled Air-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 automatically insured against Accidental Loss, of Life arising from and occurring on a Covered Trip while you, your Spouse, Domestic Partner or eligible Dependent Children for whom a ticket was purchased on your Card are riding as a passenger in or entering, exiting or being struck by a Scheduled Aircraft or a conveyance operated by a military transport service or riding as a passenger in or entering or exiting any coneyance licensed to carry the public for a fee and while traveling directly to or from the airport immediately preceding the departure of a Scheduled Aircraft on which the Insured Person has purchased passage and immediately following the arrival of a Schedule Aircraft on which the Insured Person was a passenger. *Coverage is underwritten by Federal Insurance Company, a member insurer of the Chubb Group of Insurance Companies. Certain limitations and exclusions apply. PLAN FEATURES THE BENEFITS: The full Benefit Amount ($500,000) is payable for Accidental Loss of Life. The Loss must occur within one year of the Accident. MAXIMUM 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 020,D00,000) 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 Account arisingg from any one Accident, the Company's liability for all such Losses will be limited to a maximum limit of insurance equal to two times the applicable Benefit Amount for Loss of Life. Benefits will be f roportlonately divided among the insured Persons up to the maximum imit of insurance, DEFINITIONS: happe d4Dt91 means a sudden, unforeseen and unexpected event g mny dhance, and includes unavoidable exposure to elements arising from a covered Hazard, Accidental BodilX laluafies) means bodily injury which is Accidental, is the direct source of a Loss, is independent of disease, illness or other cause and occurs while this policy Is in force. Accounk means a Card account. BenefH Amount means the Loss amount at the time the entire cost of the passenger fare is charged to an Account, QLd means the Discover Card. CaLdmember means the holder of the Card whose name appears on the credit card. Comp rDy means the Federal Insurance Company. Covered Trio means travel on a Scheduled Aircraft when the entire cost of the passenger fare for such transportation, less redeemable certificates, vouchers or coupons, has been charged to the Insured Person's Account. sden_t Child p Children means those children, including adopted chi dren and those children placed for adoptlon, who are primarily dependent upon the Insured Person for maintenance and support and who .18- are: (1) under the age of 19 and reside with the insured Person; (2) beyond the age of 19, permanently mentally or physically challenged and incapable of self support; or (3) under the age of 15 and classified asfull-time students at an institution of higher learning. Dgmestic Partrser means a person who:. (1) Is at least 18 years of age and corn ,tent to enter Into a contract; (2) is not related to the Insured Person by blood; (3) has exclusively lived with the Insured Person for at least one year prior to the date of enrollment; (4) is not legally married or separated; and (S) as of the date of enrollment, has with the Insured Person at least two of the following financial arrangements; (a) a joint mortgage or lease; (b) a joint bank account; (c) joint title to or ownership of a motor vehicle or status as a joint lessee on a motor vehide lease; or (d) a joint credit card account with a financial institution. Neither the Insured Person nor the Domestic Partner can be married to, nor in a civil union with, anyone also. 11U I means the covered circumstances for which this insurance is provi ed as stated in Section III of the Declarations, Hazards, and described n the Hazards form, as described on page t of this Description of Coverage, means all Cardmembers, their spouses, Domestic Partners and Depen ent Children, as well as authorized users of the Account. L9sf means the Loss of Life, Loss of Life means death, including clinical death determined by the local governing medical authorities. @QgTyl(> -n means DFS Services LLC, the entity responsible for the payment of premium. means an aircraft owned and/or operated by a Sche sled Air Ins. t1in means an airline which is either of United States registry and certified by the United States government to carry passengers on a regularly scheduled basis or of foreign register and approved by the United States government and the appropriate foreign authority. ft means hostilities following a declaration of War by a government authority. If there is no declaration of War, then (1) armed, open and continuous hostilities between two countries or (2) armed, open and continuous hostilities between two factions, each in control of territory, or claiming jurisdiction over the site of the area of hostility, DISAPPEARANCE BENEFITS: If the Insured Person has not been found within one yyeeaar of the disappppearance, stranding, sinking, wrecking or breakdown of any kheduled Aircraftor conveyance in which the Insured Person was covered as an occupant, it will be assumed, subject to all other terms of the polity, that the Insured Person has suffered loss of Life covered under this policy, EXPOSURE BENEFITS: Accident includes unavoidable exposure to elements arising from a covered Hazard. ELIGIBILITY`. This insurance plan is provided to Insured Persons automatically when the entire cost of the passenger fare(s) on a Scheduled Airline is charged to the CBrdmember's Account while the insurance is effective. It is not necessary for you to notify the Policyholder or the Company when Scheduled Airline tickets are purchased. EFFECTIVE DATES: Your insurance under this insurance plan is effective on the later of. 1) April 1, 2007; or 2) the date you become an eligible Cardmember. Your insurance coverage under this insurance plan will cease on the earlier of: (1) the date the insurance coverage is terminated; o!' (2) the date you cease to be an eligible Cardmember. -19- 1oDCr,*,D o2BOK TL22AG0210 0136,_reede,,Indd 21-22 ",s,^!09 1 .36 44 Pdn COST, This insurance plan Is provided at no additional cost to eligible Insured Persons for Covered Trips. Policyholder pays the full cost of the insurance. THE BENEFICIARY: The Loss of Life benefit will be paid to the beneficiaryy designated by you. If no such designation has been made, that benefit will be paid to the first surviving beneficiary in the following order: a) your spouse; b) your children; c) your parents d) your brothers and sisters, a) your estate. All other indemnities will be paid to you. If you wish to change your beneficiary, you may request a beneficiary designation form by writing to the plan administrator at: The Direct Marketing Group, Inc., 13265 Bedford Avenue, Omaha, NE 68164 or at BenefidaryrequestOTheDirectMG.com. EXCLUSIONS: This insurance plan does not cover Loss resulting from: (1) an Accident occurring while an Insured Person is in, entering, or exiting any aircraft owned, leased or operated by this Policyholder or any aircraft owned, leased or operated by an employee of the Policyholder on behalf of the Policyholder (this exclusion does not apply to aircraft chartered with pilot or crew on one time charter basis), (2) an accident whUe 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 passengers who temporarily perform pilot or crew functions in a life threatening emergency); (3) emotional trauma, mental or physical Illness, disease, pregnancy, childbirth or miscarriage, bacterial or viral infection, or bodily malfunctions (except bacterial infection caused by an Accident or from Accidental consumption of a substance contaminated by bacteria); (4) suicide, attempted suicide or Loss that is intentionally self-inflicted; or (5) declared or undeclared War. CLAIM NOTICE: Written claim notice must be given to the Company within 90 days after the occurrence of any Loss covered by this policy or as soon as reasonably possible. Failure to give notice within 90 days will not Invalidate or reduce any otherwise valid claim if notice is given as soon as reasonably possible. CLAIM FORMS: When the Company receives notice of a claim, the Company Oil 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 dwriptlon of the Loss. CLAIM PROOF OF 1.055; Complete proof of Loss must be given to Company Within 90 days after the date of loss, or as soon as reasonably possible, Failure to give complete proof of Loss within these time frames will not invalidate any otherwise valid claim if notice is given as soon as reasonably possible and in no event later than one year after the deadline to submit complete proof of Loss. CLAIM PAYMENT: The Company will pay you or your beneficiary the applicable Benefit Amount within 60 days after complete proof of Loss Is received and if you, the Policyholder andlor the beneficiary have complied with all the terms of the policy. ARBITRATION: in the event of a dispute under this policy, either the Company or the Insured Person may make a written demand for arbitration. In that case, the Company and the insured Person will each select an arbitrator. The two arbitrators will select a third. if they cannot agree within 15 days, either the Company or the insured Person may request that the choice of arbitrator be submitted to the American Arbitration Association, The arbitration will be held in the state of the Insured Person's principal residence. IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE -20- ,CDCRAO 72B01C_TL22.4002!0 0!36`_eadar.:ndd ^^<3.24 CLAIMS SERVICE CENTER AT 1-800-CLAIMS-0 (1-80(1.2.52.4670). You can also go to the Company Web site (www.chubb.com), click on Report a Loss, select Accident, Benefits and Life claims, select the appropriate form, print out the claim form, fill out and mail. You can file a claim by mail or fax. Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES CLAIMS SERVICE CENTER 600 INDEPENDENCE PARKWAY PO BOX 4700 CHESAPEAKE, VA 23327.4700 Fax Number: I-600.300.2538 As a handy reference guide, please read this and keep it in a safe place with your other insurance documents. This description of coverage is not a contract of insurance but is a summarryy of the principal provisions of the insurance while in effect Complete p0licy provisions are contained in the Master Policy, which can be obtained from the Policyholder; Policy #9906.18.06 Policy Underwritten By Plan Administrator Federal Insurance Company The Direct Marketing Group, Inc, a member insurer of the 13265 Bedford Avenue Chubb Group of Insurance Companies Omaha, NE 68164 15 Mountain View Road, PO Box 1615 Warren, N107061-1651 DESCRIPTION OF COVERAGE SECONDARY RENTAL CAR COLLISION COVERAGE Discovers Cardmembers can benefit from the security and safer offered through Excess Collision Damage Waiver. If you rent a vehicle for 31 consecutive days or less (or 45 days under certain circumstances described below) with your Card (as definedybelow), you may be eligible for benefits under this coverage. Excess Collision Damage Waiver is an insurance program, underwritten by Federal Insurance Company Policy #9906.17.63 (the "Polley"). DEFINITIONS; ,Account means a Card account. joh yp ym means the cost to repair or replace the Rented Automo a at the time of loss, less depreciation. v r means the holder of the Card whose narne appears on the edh card. means the Discover Card. ttltoe means the direct and accidental damage to a Rented ft"caused by upset or collision with another object Collision Damage does nut include loss caused by missiles, falling ob ects, fire, theft or larceny, explosion, earthquake, windstorm, hail, water, cod, malicious mischief or vandalism, riot or civil commotion. SQQ,}pBDy means the Federal Insurance Company. I?n?a??W means Cardmembers and authorized users of the Account. )o` means DFS Services LLC, the entity responsible for the payment of premium, Rental cranny means a commercial automobile rental company licensed. under the laws of the applicable jurisdiction, Qj1{)p means a four-wheeled private passenger type motor ve (c a or a minivan manufactured and designed to transport a maximum of seven passengers and used excursively to carry passengers, A Rented .21 . 2115,139 1,36:AA r'!d Automobile must be designed for travel on public roads and rented from Rental Agency TO GET COVERAGE: • The Collision Damage Waiver Coverage is provided to you, as an Insured, automatically when the entire rental fee for the Rented Automobile is charged or debited to your Account. It is not necessary for you to notify the Company at the tone the rental fee is charged or debited to your Account. • You must decline the LossiDamage Waiver offered by the vehicle Rental Agency. • You must rent the vehicle in your own name and sign the vehicle rental agreemenVcontract. • The coverage period will not exceed 31 consecutive days, or 45 consecutive days if the Insured is an employee of an organization which has provided a Card to the Insured for business use. THE KIND OF COVERAGE YOU RECEIVE; In consideration of the premium paid by the Policyholder as required, and subject to all the terms of the Polley the Company agrees to reimburse on an Actual Cash Value basis either the Insured or the Rental Agency for repair or replacement of the Rented Automobile as a result of Collision Damage to the Rented Automobile, The Company's liabiltyy will be for a maximum reimbursement of $25,000, In no event vdll the Company be liable beyond the amounts actually paid by the Insured or the Rental Agency, • If you or an Insured's primary vehide insurance or other coverage has made payments for a covered loss, Excess Collision Damage Waiver will cover your deductible and any other eligible amounts not covered by other insurance. • This coverage is not all-inclusive, which means it does not cover such things as personal in urryy or personal liability. It does not cover you for any damages to other v4iclas or property. it does not cover you for any injury to any party. WHO IS COVERED: • Discover Cardmembers EXCLUDED RENTAL VEHICLES: Off-road, antique or limited edition motor vehicles; trucks; recreational vehicles, campers, pickup trucks, and mini-buses; limited edition motor vehides or high value, exotic, high performance or collector type, High value motor vehicles are motor vehicles whose replacement value exceeds 550,000, and antique motor vehicles are defined as any vehicle over 25 years old, or any vehicle which has not been manufactured for 10 years or more. WHERE YOU ARE COVERED: • Coverage applies to vehicles rented anywhere in the world. • Coverage is not available where prohibited by law. WHAT IS = COVERED; Coverage does not appI to loss resulting from the following: • Any dishonest, frauddu ent or criminal act of the Insured. • Forgery by the Insured, Loss due to war or confiscation by authorities. Loss due to nuclear reaction or radioactive contamination, • The Insured being intoxicated, as defined by the laws of the jurisdiction where the loss occurred, or under the influence of any narcotic unless prescribed by a physician. • Use of the Rented Automobile to carry passengers and property for hire, - 22 10DCr,172,26CK_TL22AG021- 0136f roader.inde, 2526 • Use of the Rented Automobile by a person other than the one authorized to operate the Rented Automobile by the terms of the Rental Agreement. • Loss of use of the Rented Automobile. • Intentional damage to the Rented Automobile by the Insured. • Damage which is due and confined to wear and tear, freezing, mechanical or electrical breakdown or failure. • Damage to tires unless the loss is coincident with a covered loss. • Use of the Rented Automobile in tests, races or contests. • The Rented Automobile being operated or located in any territory prohibited by the terms of the Rental Agreement. FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS: To the extent that this plan provides insurance against damage to a rented motor vehicle, the following terms and conditions apply: (1) the period of insurance coverage will not exceed 31 consecutive days, or 45 consecutive days if the Insured is an employee of an organization which has provided the Card to the Insured for business use; and (2) the insurance provided by this plan will be excess over any other valid and collectible insurance cover- Ing the Rented Automobile. However, the insurance provided under this plan may be mary if specifically provided for under the terms of this plan and if the following criteria is met: (a) the Rented Automobile is rented for use outside the United States, its territories and possessions; (b) the Insured is an employee of an organization which has provided the Card to the Insured for business use; and (c) the Rented Automobile is rented without a driver, HOW TO FILE A CLAIM UNDER EXCESS COLLISION DAMAGE WAIVER: In the event of a claim, written or verbal notice must be provided as soon as reasonably possible. IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CLAIMS SERVICE CENTER AT 1.800-CLAIMS-0 (1.800.252.4670). You can also go to the Company Web site (www.chubb,com), dick on Report a Loss, select Accident Benefits and Life claims, select the appropriate form, print out the claim form, fill out and mail. You an file a claim by mail or fax. Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES CLAIMS SERVICE CENTER 6W INDEPENDENCE PARKWAY PO BOX 4700 CHESAPEAKE, VA 23327.4700 Fax Number; 1-800.300.2538 CLAIM PROCEDURE: The Insured must send the Company written notice of a claim, including the Insured's name and Policy number, within 90 days after a covered loss occurs. H notice cannot be given within that time, it must be given as soon as reasonably possible. To file a sworn Proof of Loss, the insured must send the following information to the Company or its authorized representative: • A copy of the Account statement showing the automobile rental transaction. • A copy of the automobile rental agreement. • A copy of the police report. • A copy of the initial claim report submitted to the automobile Rental Agency. -Ac opy of the paid claim presented by the automobile Rental Agency for the Collision Damage for which the Insured is responsible. -23- 2115= f 1E 14 PY 1 Proof of submission of the loss to, and the results of any settlement or denial by the applicable insurance carrier(s). r If no other insurance is applicable, a notarized statement from the Insured to that effect, Reminder. Please refer to the Insurance Disclosures section. INSURANCE DISCLOSURES As a handy reference guide, please read this document and keep It In a safe place with your other insurance documents. This Summary of Coverage is not a contract of insurance but is simply an informative statement to eligible Insureds of the principal provisions of the insurance while in effect. Complete provisions pertaining to this plan of insurance are contained in the master policy on file with DFS Services ILC, herein referred to as the Policyholder, if a statement In this Summary of Coverage and any provision in the policy differ, the policy will govern. Policy Underwritten By Plan Administrator Federal Insurance Company ("Company') The Direct Marketing Group, Inc. a member of the 13265 Bedford Avenue Chubb Group of Insurance Companies Omaha, NE 66164 15 Mountain Mew Road, PO Box 1615 Warren, N) 07061-1651 Master Policy Number: 990617-63 Effective date of benefits: Effective April 1, 1007, this guide replaces all prior disclosures, program descriptions, advertising, and/or brochures by any party, Policyholder and Company reserve the right to change the benefits and features of these programs at any time, Cancellation: Policyholder can cancel these benefits at any time or choose not to renew the insurance coverage for all authorized Cardmembers. If Policyholder does cancel these benefits, you will be notified at least 60 days in advance. If the Company terminates, cancels, or chooses not to renew the coverage to Policyholder, you will be notified as soon as is practicable, Insurance benefits will still apply for any benefits you were eligible for prior to the date of such terminations, cancellation, or non-renewal, subject to the terms and conditions of coverage. Benefits to you: These benefits apply onlyto 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 Cardmember shall have any legal or equitable right, remedy, or claim for insurance proceeds and/or damages under or arising out of this coverage. These benefits do not apply if your Card privileges have been cancelled. However, insurance benefits will still apply for any benefit you were eligible for prior to the date that your Account is suspended or cancelled subject to the terms and conditions of coverage of your Cardmember Agreement, Transfer of rights or benefits: No rights or benefits provided under these insurance benefits may be assigned without the prior written consent of the Company. Misrepresentation and Fraud Coverage of the Insured will be void if, at any time, the insured has concealed or misrepresented any material fact or circumstance concerning this coverage or the subiect thereof or the interest of the Insured herein, or in case of any fraud'or false swearing by the Insured relating thereto. Coverage for an Insured will be void if, whether before or after a loss, the Policyholder or its subscribing organization(s) has concealed or . 24 - 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 persons will be automatically insures' under this Policy. Examination Under Oath: It is a condition of this insurance that the Insured and the Policyholder, as often as may be reasonably required by the Company, will submit, and within its power cause others to submit, to examinations under oath and will produce for examination all writings, books of account, bills, invoices and other vouchers, or certified copies thereof 4 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 an yy loss or claim will be deemed a waiver of any defense and such acts shall be deemed to have been made or done without prejudice to the Company's liability. No Beinef t to Others: This coverage will in no way inure directly or indirectly to the benefit of any insurer, person or organization or other bailee. Subrogation it is a condition of this insurance that if the Company pays the Insured for a loss, it will require the Insured to assign and transfer any claim or right of action against any individual, firm or corporation for such loss to the Company or subrogater or hold in trust all such rights to the extent of the amount paid. The insured will agree to take action as requested by the Company to enforce such rights. Upon payment by the company to the insured, the Insured agrees to direct enforcement of such rights as reasonably requested by the Company and to return to the Company any recoveryto the extent payment of loss has been made by the Company, Arbitration In the event of a dispute under this policy, either the Company or the insured may make a written demand for arbitration. in that case, the Company and the Insured will each select an arbitrator. The two arbitrators will select a third. If they cannot agree within 15 days, either the Company or the Insured may request that the choice of arbitrator be submitted to the American Arbitration Association. The arbitration will be held in the state of the Insured's principal residence. GLOBAL TRAVELER'S HOTLINE TERMS AND CONDITIONS The Global Traveler's Hotline provides Cardmembers and their families a wide range of free travel assistance benefits. It is operated by AXA Assistance USA, Inc. Visit Discovercard.comAravel is learn more. Eligibility. You must be a Cardmember whose Account is in good standing, the Cardmember's spouse or dependent child traveling with the Cardmember or an Authorized User of an Account in good standing. Third-Party Charges. Global Travelers Hotline is not insurance, so you will be responsible for all third-party fees and expenses for services requested, such as professional or medical fees. Availability of Services. Certain services may not be available in all areas. Call us at 1-800-DISCOVER (1.800-347.2563) for assistance or if you have questions about a specific destination. Outside the U.S., all us collect at 1-801.901.3100. While AXA Assistance will make every reasonable effort to provide the services, neither AXA Assistance nor Discover Bank or our respective affiliates will be liable if a service is not provided or for any services that are provided by third parties, The services and these terms and conditions are subject to change n7thout notica. -25- I 1000M,0-025CK TL22AG0210 oi381_reade,.lodd 2748 ^,;"VO0 1.38''4 PAV EXHIBIT "B" Page 1 w? LexisNexis? 1 of 4 DOCUMENTS DISCOVER BANK, Appellant v. DAVID P. STUCKA AND BARBARA STUCKA, Appellees No. 1734 WDA 2010 SUPERIOR COURT OF PENNSYLVANIA 2011 PA Super 241; 2011 Pa. Super. LEXIS 3745 November 14, 2011, Filed PRIOR HISTORY: [* 1 ] Appeal from the Order entered on October 6, 2010 in the Court of Common Pleas of Erie County, Civil Divi- sion, No. 14799-09. JUDGES: BEFORE: MUSMANNO, BOWES and FITZGERALD", JJ. OPINION BY MUSMANNO, J. * Former Justice specially assigned to the Supe- rior Court. OPINION BY: MUSMANNO OPINION OPINION BY MUSMANNO, J.: Discover Bank ("the Bank") appeals from the Order denying its Motion to amend the Complaint and dismiss- ing the instant action. We reverse. The Stuckas filed Preliminary Objections to the. Complaint, alleging that the Complaint and the attached account summary [*2] contained no information regard- ing their alleged use of the credit card and did not iden- tify or attach any contract or agreement between the par- ties. According to the record before us, the trial court did not rule on these Preliminary Objections. On January 19, 2010, the Bank filed an Atnended Complaint, in which the Bank alleged that the Stuckas' account was subject to the terms and provisions of a written customer agreement. Amended Complaint, 1/19/10. The Bank attached a copy of a Discover Card- member Agreement to the Complaint, as well as copies of monthly statements related to the Stuckas' account from December 25, 2002, through May 25, 2009. Id. The Bank alleged that the Stuckas were in default for failing to make monthly payments when due, and demanded payment of the balance due, interest and attorneys' fees. Id. On October 23, 2009, the Bank commenced this ac- tion by filing a Complaint against David P. Stucka and Barbara Stucky ("the Stuckas"). The Bank alleged that the Stuckas had applied for and received a credit card from the Bank; that the credit card had a balance due of $16,480.77; and that the Stuckas were in default "by fail- ing to make monthly payments when due." Complaint, filed 10/23/09. The Bank further alleged that the entire balance was "immediately due and payable ...," and claimed it was entitled to interest on the unpaid balance and attorneys' fees. Id. The Bank attached to the Com- plaint an account summary of the Stuckas' Discover credit card. See id. The Stuckas filed Preliminary Objections to the Amended Complaint, alleging that the attached Discover Cardmember Agreement was a generic boilerplate agreement that was not the original agreement between the parties. The Stuckas further alleged that the Bank failed to attach a copy of the credit card application or any individual purchase receipts. On July 19, 2010, after [*3] hearing argument; the trial court issued an Order requiring the Bank, by Sep- tember 3, 2010, to produce an application and/or credit card member agreement exhibiting the Stuckas' signa- tures. Order, 7/19/10. The trial court indicated that, if the Bank did not produce such a document, it "may suffer dismissal of all its causes of action, with prejudice" for 2011 PA Super 241; 2011 Pa. Super. LEXIS 3745, * failure to sufficiently plead under Pennsylvania Rule of Civil Procedure 1019. The Bank filed a Motion for reconsideration of the July 19, 2010 Order. On July 30, 2010, the trial court issued an Order, finding that the Bank had failed to pro- duce a copy of the parties' underlying contract, and had submitted a boilerplate credit card agreement. Order, 7/30/10. The trial court ordered the Bank to produce the underlying contract by September 3, 2010, or the Stuckas' Preliminary Objections "will self-execute and be GRANTED and [the Bank's] Complaint will be DIS- MISSED..,." Id. On August 30, 2010, the Bank filed (1) a Motion to amend the Complaint and (2) a Second Amended Com- plaint. The Bank alleged that it was filing the Second Amended Complaint "to cure the objections to the previ- ous amended complaint and to set forth two additional causes [*4] of action against [the Stuckas]." Motion to Amend the Complaint, 8/30/10. In the Second Amended Complaint, the Bank asserted that the original Card- member Agreement was not available because it had been mailed to the Stuckas, but alleged that it had at- tached a true and correct copy of that Agreement. Second Amended Complaint, 8/30/10. The Bank also attached copies of the Stuckas' monthly statements for the account. from December 25, 2002 to May 25, 2009. In addition, the Bank added counts for breach of "contract implied in law" and unjust enrichment. Id. In its claim for contract implied in law, the Bank alleged that, on several specific dates, the Stuckas had paid off their account balance, but then had continued to charge on the account. Id. The Bank asserted that the Stuckas' course of conduct clearly established their acceptance of the terms and conditions of the credit card agreement, and that the Stuckas had breached the agreement by fail- ing to make the required payments. Id. In the unjust en- richment count, the Bank alleged that the Stuckas had been unjustly enriched by their use, acceptance, and re- tention of goods purchased by using the account without making payments to the Bank. [*5] Id. The Stuckas filed a Response and New Matter to the Bank's Motion to amend the Complaint, in which the Stuckas alleged that the Bank had failed to produce an application and/or credit card agreement as required by the trial court's Orders of July 19 and July 30, 2010. On October 6, 2010, the trial court issued an Order denying the Bank's Motion to amend the Complaint, on the basis that the Bank had not complied with the trial court's prior Orders, and had failed to produce an appli- cation and/or credit card agreement "exhibiting [the Stuckas] signature ...." Order, 10/6/10. The trial court also dismissed the Bank's Complaint, with prejudice, on the basis that the Bank had failed to "sufficiently plead Page 2 under Pennsylvania Rule of Civil Procedure 1019." Or- der, 10/6/10. The Bank filed this timely appeal from the trial court's October 6, 2010 Order, raising the following is- sues: 1. Whether [the Bank] satisfied the re- quirements of Pa.R.C.P. 1019(1) by at- taching to its Amended Complaints un- signed customer agreements? 2. Whether an enforceable contract to repay amounts charged to a credit card account may be formed absent a written or signed agreement? 3. Whether [the Bank] should have been permitted [*61 leave to amend its Complaint to assert an alternative basis for recovery? 4. Whether the factual averments in [the Bank's] Amended Complaints and the documents attached as exhibits thereto were sufficiently specific to permit [the Stuckas] to prepare an answer? Brief for Appellant at 3. As the Bank's claims on appeal are inter-related, we will consider them together. The Bank contends that the trial court erred by imposing a requirement at the plead- ing stage that the Bank attach a signed writing to its Amended Complaints. Our standard of review is as follows: [O]ur standard of review of in order of the trial court overruling or granting pre- liminary objections is to determine whether the trial court committed an error of law. When considering the appropri- ateness of a ruling on preliminary objec- tions, the appellate court must apply the same standard as the trial court. Preliminary objections in the nature of a demurrer test the legal sufficiency of the complaint. When considering prelimi- nary objections, all material facts set forth in the challenged pleadings are admitted as true, as well as all inferences reasona- bly deducible therefrom, Preliminary ob- jections which seek the dismissal of a [*7] cause of action should be sustained only in cases in which it is clear and free from doubt that the pleader will be unable 2011 PA Super 241; 2011'Pa. Super. LEXIS 3745, * to prove facts legally sufficient to estab- lish the right to relief. If any doubt exists as to whether a demurrer should be sus- tained, it should be resolved in favor of overruling the preliminary objections. Feingold Y. Hendrzak, 2011 PA Super 34, 15 A. 3d 937, 941 (Pa. Super. 2011) (citation omitted). A complaint "must apprise the defendant of the na- ture and extent of the plaintiffs claim so that the defen- dant has notice of what the plaintiff intends to prove at trial and may prepare to meet such proof with his own evidence." Weiss v. Equibank, 313 Pa. Super. 446, 460 A.2d 271, 274-75 (Pa. Super. 1983). In a claim for breach of contract, the plaintiff must allege that "there was a contract, the defendant breached it, and plaintiff[] suffered damages from the breach." McShea v. City of Philadelphia, 606 Pa. 88, 995 A.2d 334,340 (Pa. 2010). Rule 1019(1) of the Pennsylvania Rules of Civil Pro- cedure provides as follows; (i) When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is [*8] suffi- cient so to state, together with the reason, and to set forth the substance in writing. Pa.R.C.P. 1019(1). Where a complaint is based on the failure of a debtor to pay the balance due on a credit card account, it is proper under Rule 1019(1) for the defendant to assert in preliminary objections that the plaintiff failed to produce a cardholder agreement and statement of ac- count. See Atlantic Credit and Finance, Inc. v. Giuliana, 2003 PA Super 259, 829 A.2d 340, 345 (Pa. Super. 2003). Here, the Bank, in its Amended Complaint, attached a copy of a written Discover Cardmember Agreement. The Bank alleged that the Stuckas' credit card was sub- ject to the terms and conditions of that Agreement, and that a copy of the Agreement had been mailed to and received by the Stuckas. Amended Complaint, 1/19/10. The Bank further alleged that the Stuckas had failed to make monthly payments on the account balance as re- quired by the Agreement, and, in support, attached to the Amended Complaint numerous Discover Card Account Summaries, addressed to the Stuckas, depicting the bal- ance due and payments made from December 25, 2002 to May 25, 2009. Page 3 Similarly, in Count I of the Second Amended Com- plaint, the Bank set forth a claim [*9] of breach of con- tract, alleging that the Stuckas had applied for and were issued a credit card in January 1992. Second Amended Complaint, filed 8/30/10, Count I. The Bank averred that a copy of the application submitted by the Stuckas was not available due to the age of their account, but asserted that, at the time the credit card was issued, the Stuckas were subject to a written. Cardmember Agreement. Id. The Bank alleged that it had attached a true and correct copy of the Cardmember Agreement, and stated that, pursuant to the Agreement, the Stuckas were in default by failing to make the monthly payments when due. Id. Based on the above-cited authority, we conclude that the Bank's Amended Complaint and Second Amended Complaint set forth sufficient allegations to provide the Stuckas with notice of the Bank's claims. The allegations contained therein, if ultimately proven, would permit recovery. See Hess v, Fox Rothschild, LLP, 2007 PA Super 133, 925 A.2d 798, 805-06 (Pa. Super. 2007) (stat- ing that, in ruling on preliminary objections, the court must determine whether the allegations of the complaint would permit recovery if ultimately proven). We do not find persuasive the Stuckas' argument that the Bank [*10] was required to attach a signed document. Neither Rule 1019 or Atlantic Credit set forth such a requirement. Further, the Court of Common. Pleas decisions relied on by the Stuckas are not binding prece- dent for this Court, See Commonwealth v. Phinn, 2000 PA Super 305, 761 A.2d 176, 179 (Pa. Super. 2000) (holding that a published decision of a court of common pleas was not binding precedent for the Superior Court panel). Thus, we conclude that the trial court erred in ordering the Bank to produce a cardmember agreement containing the Stuckas' signatures. Next, we address the Bank's claims that it should have been permitted to amend its Complaint to assert alternative bases for recovery. In the Second Amended Complaint, the Bank added counts asserting breach of an implied contract and unjust enrichment. Pursuant to Rule 1033 of the Pennsylvania Rules of Civil Procedure, "[a] party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause [*11] of action or de- fense...." Pa.R.C.P. 1033. [Rule 1033] has repeatedly been inter- preted as requiring the liberal evaluation of amendment requests ..., in an effort to 2011 PA Super 241; 2011 Pa. Super. LEXIS 3745, * secure a determination of cases based upon their merits, .., rather than based upon a mere technicality.... Despite this liberal amendment pol- icy, Pennsylvania appellate courts have repeatedly ruled that an amendment will not be permitted where it is against a posi- tive rule of law, or where the amendment will surprise or prejudice the opposing party. [T]he prejudice inquiry is limited to an evaluation of whether undue prejudice exists. Horowitz v. Universal Underwriters Ins., 397 Pa. Super. 473, 580.4.2d 395, 398-99 (Pa. Super. 1990). In addition, "[t]he [R]ules [of Civil Procedure] shall be liberally construed to secure the just, speedy and 41- expensive determination of every action or proceeding to which they are applicable." Pa.R.CP. 126. "The court at every stage of any such action or proceeding may disre- gard any error or defect of procedure which does not affect the substantial rights of the parties." Id. A contract implied in fact "arises where the patties agree upon the obligations to be incurred, but their inten- tion, instead of being [*12] expressed in words, is in- ferred from their acts in the light of the surrounding cir- cumstances." Rissi v. Cappella, 2007 PA Super 45, 918 A.2d 131, 140 (Pa, Super, 2007) (emphasis omitted). "An implied contract may be found to exist where the surrounding circumstances support a demonstrated intent to contract." Tyco Electronics Corp. v. Davis, 2006 PA Super 64, 895 A.2d 638, 640 (Pa. Super, 2006). "An action based on unjust enrichment is an action which sounds in quasi-contract or contract implied in law." Sevast v. Sakouras, 591 Pa. 44, 915 A.2d 1147, 1153 n.7 (Pa. 2007). [I "A quasi-contract imposes a duty, not as a result of any agreement, whether ex- press or implied, but in spite of the ab- sence of an agreement, when one party receives unjust enrichment at the expense of another." The elements of unjust enrichment are benefits conferred on defendant by plaintiff, appreciation of such benefits by defendant, and acceptance and retention of such benefits under such circumstances that it would be inequitable for defendant to retain the benefit without payment of value. Whether the doctrine applies de- pends on the unique factual circumstances of each case.... Page 4 Stoeckinger v. Presidential Fin. Corp. of Delaware Val- ley, 2008 PA Super 95, 948 A.2d 828, 833 (Pa. Super. 2008) [*13] (citations omitted). In Count II of the Second Amended Complaint, the Bank alleged breach of a contract implied in law. The Bank asserted that the Stuckas had accepted the Bank's offer to open a credit card account by using the credit card to purchase goods and. services. Id., Count 11. The Bank also alleged that on various specified dates, the Stuckas had paid their credit card balance, and had then continued to use the card. Id. The Bank attached copies of checks, written by both Barbara Stucka and by David Stucka, making payments on the credit card account. Id The Bank further stated that the Stuckas' course of con- duct clearly established their understanding and accep- tance of the terms and conditions of usage of their credit card account, and that the Stuckas breached the parties.' agreement by failing to make the required payments when due. Id. In Count III of the Second Amended Complaint, the Bank alleged that the Stuckas, by their use, acceptance and retention of the goods purchased using the credit card, without making the payments due, were unjustly enriched to the detriment of the Bank. Id, Count III. The Bank also asserted that, although it had repeatedly re- quested payment [*14] from the Stuckas, they willfully failed and refused to pay. Id. Based on the above-cited authority, we conclude that the trial court abused its discretion by failing to allow amendment and dismissing the Second Amended Com- plaint. The allegations of the Second Amended Com- plaint were sufficient to apprise the Stuckas of the nature of the Bank's claims. See Weiss, 460 A.2d at 274-75. Further, we discern no prejudice to the Stuckas from the filing of the Second Amended Complaint. Accordingly, we reverse the trial court's Order denying the Bank's Mo- tion to amend the Complaint. 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Trans, Post Data dote Paymonts and Credits Dec 29 Doc 29 iNTERNET PAYMENT - THANK YOU y X5.00 Finance Charge Summary Nominal Trarsacfio? 4„erage Daily ANNUAL ANNUAL Periodic Fee Doff, Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE 1 'r , Rates RATES RATES C L GES CHARGES cvrroni billing pe.lod: 31 days Purchases $o 0.03011% i0.99% V 10.99;6 $0 $0 Cas^ Advances $0 006573% 23.99% F 23.99% .TO $0 Balance Transfers £312.09 0.00000`0 0.00% F 0.00% $0 $0 Balance Ticnsfei, $2811 67 0.010931, 3,99% F 3.99% $9.52 $0 i he ra±as thal aapi " to your Account ere sither fired (Fl or they may vary (Vj as noted above ?/C?} New Balance 1 (' " Minimum Payment Due; Accovnt Number ending in 8109 E $3,020.63 I . DISC $61.00 Enter Amount Erclosed Below Payment Due Date $. March 1, 2010 Please pay online ® www.Dlscovercorn or make t Di bl h k scover. o paya e, ch ec 03 S0SN5A01 000122; JOSEPH RUANE Go pepodess and make your account Information more securevirithpessmrd- 133 WESTGATE AR protected statements only you can access. MT HOLLY SPGS PA 17065-2010 Learn more at discover.comlpaperless. PO BOX 710$4 11 Irsr11ns11rsrrrllr?us?1 CHARLOTTE NC 28272-1084 Address, wmai(or telephone change8 - 1111 11111 IrrrI III r,rlrri11n1?11lus?n?ulnl1111r,?nlrlul? Go to www.Discover.corn or print change In spare above, Opening Date: January 4, 2010 - Closing Date: February 3, 2010 page 1 of 2 Discover More Card Account Summary Account number ending in 8109 Previous Balance $3,076.26 Payments And Credits - 65.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Finance Charges + 9.37 Other Fees t + 0.00 New ..a once $3,013 See Finance Charge Summary section following transactions for detailed APP. information Credit Line $3,200.00 Credit Line Available $179.00 Cosh Advance Credit line $1,600.00 Cash Advance Credit Line Available $179.00 You may be able to avoid Periodic Finance Charges, sea the reverse side for details. t See transaction detail for a description of any fees charged. Ca ac Bonus" 5 Anniversary Morrth May Opening Cashbock Bonus Balance $ 0.00 New Cashback Bonus This Period +. 0'.00 Cashback Bonus Balance $ 0.00 ?c. l.o. n ....,m, in ?.n or www.Discoverncom c nd sn'eor Rewards Payment Information New Balance $3,020.63 Minimum Payment Due $6 t .00 Payment Due Date March 1, 2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00 and your purchase APRs for new, transactions may be Increased up to the DefcOt APR of 29.99% variable manage Your Account Online at www.Discover.com Secu(Siy access statements and Ines online cools, pay bills online and track and view all transactions simply and ii easy ways to earn Make your money worth more 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.Discaver.cam 2. Coll 1.800-DISCOVER i1.800.347.2683) Please have your Discover'e card available. 3. Write to us at Discover, PO Box 30943, Sait Lake City, UT 84130 For TDD ( elecommunlcations Device for the Deal) assistance, please call 1.800.347-7449. Transactions Trans. Post Date Data Payments and Credits Jan 30 Jan 30 PAYMENT . THANK YOU $ -6 5.C0 Finance Charge Summary Nominal Other Average Dally ANNUAL ANIJUAL Periodic ea Daily , Poriocrc PERCENTAGE PERCENTAGE FINANCE FINANCE Curran` bilana uoricd 31 days elancas Roles RATES RATES CHAIIGES_ CHARGES Purchases $0 0.0301 1% 0 99°-o V 0.99% $0 $C Cash Advances $0 0.06573% 23.999E 23.99% $0 $0 Balance Transfers $300.00 0.0000016 0 0016 0.00% $0 ,0 Balance Transfers $2.770.32 0V 093% 3.99°0 3.99% $9.37 $0 V . Vorlabie Rate See revere side. RFa7C. Y LR JOSEPH RUANE B Peys le Account number ending in 8109 DISC'VEft' utsc?,v? g page 2 of 2 Information For You ;Volvrilhstanding the payment due date on this statement, If you paid the Now Balance on your previous billing statement by the payment Due Dole shown on that billing statement, we will not impose Periodic Finance Charges on new purchases first appearing on this billing statement, or any portion of a new purchase, paid within 25 days of the Closing Date on this billing stotemert. Every Purchase Counts! Every time you use your Discover F) card, you earn cash rewards automatically. Use your cord for everyday purchases, moriky bill payments or for something apeciol. Make your money worth more -today and every dayl Quesf'lons? ViO www.Discover.com or ??^^r..r•? C Now Balance p'Sw`.,,?GRr $2,963.95 I Minimum Payment Due' Account Nvmber ending in 8109 r $60,00 [nterAmoumEnclosed Below Payment Due Date $ April 1, 2010 Please pay online ® www.Discover.com or make check payable to Discover, 03 SCBNCA01 0001222 JOSEPH RUANE Go paperless and make your account information more secure with password- 133 WESTGATE DR PProtected statements only you can access. MT HOLLY SPGS PA 17065-2010 learnmoreatdiscover,comfpaperless PO BOX 71084 {{{sn?lus{{»us?{s{m{{ CHARLOTTE NC 28272-1084 Acidness, e-mail cr telephone changes {ulrllulntltilullnlrlu,Il{lnrlu{uln??u{nln?,{n{{ Go to www.Discovor.com or print change in space above. 1131 2010 paqe 1 of 2 Opening Date: February a, 2010 - Closing Date: Marc Discover More Card Account Summary Account number ending jr 8109 N.Yovs Balance $3,020.63 Payments And Credits 65.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 finance Charges + 8.32 Other Fees t + 0.00 _ I lsw Balance _T2,963.95 See Finance Charge Summary section loll owing transactions for detailed APR ioformoiion Credit ime $3,200-00 Credit Line Available $236.00 Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $236.00 You may be able to avoid Periodic Finance Charges, see the neversa side for delude. I See transaction deto!! for a description of any fees charged. Cal t aC BOnUSs? Anniversary Month May Opening Cashback Bonus Balance $ 0 00 New Cashback Bonus This Period + 0,00 Cashback Bonus Balance $ 0.00 c.r?m -r.crrI-0 in o, www.Dlscover.com and oleci Rewords 3 Easy Ways to Contact Us Manage Your Account Online at www.Discover.com 1 Access your account securely at „rww.Dircovencam Access hea online tools like Paydown Planner to create a plan 2 Cnli 1-800-DISCOVER I1-800-347.2683 to pay dawn your balance, securely access statements, pay Pinam hero your Discovers' card available. bills amine and easily track all transactions 3 `•Alwo to - of Discover, PO Box 30943, Make your money worth moreav-6nd easy ways to ear.: Sn: take Citr. `'T 84130 and reaemn cash rewards For TOD ('e!acom!nunications Device far the Deaf NE`" +i ACPeS: Va r account securely imcugt: yor ass 1st:,roe, ;cease. call i.800.347-7449. mobile thane Transactions Trans, Post Date Date Payments and Credits ceb 28 Feb 28 PAYMENT • THANK YOU Payment Information New Balance $2,963,95 Minimum Payment Due $60,00 Payment Due Date Apil 1, 2010 Late Payment Warning; If we do not receive your minimum payment by the dote listed above, you may have to pay a iota fee of up to $39.00 and your purchase APRs for new transactions may be Increased up to the Default APR of 15.99% variable. Minhr,um Payment Waming: If you make only the minimum payment oath period, you wili pay more in interest and it will take you longer to pay off your balance. For example: "O P"i ( _'rka-b ,???f.? '' fsN?7!ouwJ7s:d t lfi rs-I I ch- argu (; ??k fHp'a' r, up Paving ail N 1}1,ys yrth.ahd r litateyreM -` esti ii total of.,. ??o.?:F14 s pyY; 1{iV'.. Only the minimum 13 years $4,146 payment $88 3 years $3,178 (Sayings* $968 If you would like information about credit counseling services, call 1.800.347.1 121 , $ 65.00 See reverse side ntSC'dbvFR• Irpaysro 10tRUANE NEW DISCO ?/ Gd( Account number ending in 8109 page 2 of 2 Finance Charge Summary Average Daily Dally Periodic Nominal ANNUAL ANNUAL PERCENTAGE PERCENTAGE Periodic FINANCE Other Fee FIN GE curront billing period: 28 days lancg? Rates RATES RATES _ S Purchases $0 0.03011% 10.99% V 10.99% $0 s0 Cash Advances $0. 0.06573% 2199% 23,99% $0 $0 Balance Transfers $29T.28 0.00000% 0.00% 0.00% $0 $0 Balance Transfers $2,724.07 0.01093 e 3.99% 3.99% $8.32 $0 V a Variable Pate Information For You Notwithstanding the payment duo dais on this statement, if you paid the Now Balance on your previous billing statement by the Payment Due Date shown an that bilting statement, we will not impose Periodic Finance Charges on new purchases first appearing on this billing statement, at ony portion of a new purchase, paid within 25 days of the Closing Data an his billing statement. This month, The featured Cashback Bonus(R) Redemption Partner is Bed Bath & Beyond(R(. Redeem $20 Cashback Bonus for a $25 Bed Bade & Beyond gift card. See the entire ,year's worth of expenses. The year end summary can streamline the way you manage your expenses by showing you every transaction on your Discover Card account throughout the calendar year. Online you'll see the total amount of ail your franwdians, including payments, purchases, and credits. Go to Dlscover.com/summary today! Questions? visit WWW'Discover.com or coil 1.800-DISCOVER (i-800.347.2683). DISCOVER DISC. NEK Now Balance Minimum Payment Due $2.915.41 $59.00 Payment Due Dote May 1, 2010 Account ?`lumber ending In 8109 Enter Amount Enclosed Below $ Pay online at www Discover.- or make check payable to Discover. Phone and Internet payments mutt be made by 5:OOom ET for some doy pasting. Go paperless and make your account Information more secure with pasaword• protected Lean more ata discoverlcom/paperies ass. 03 SDSN6A01 0001223 JOSEPH RUANE 13-5 WESTGATE DR MT HOLLY SPGS PA 17065-2010 Address, e-mail or telephone change? Go to www,Discoveacom or print change in space above, Opening Date: March 4, 2010 • Closing Dote: April 3, 2010 Discover More Card Account Summary Account number ending in 8109 Previous balance 42,963.95 Paymenis And Credits 60.00 Purchases + 0.00 Balance Tronsfers + 0.00 Cash Advances + 0.00 Finance Charge: + 11.46 Other Fees t + 0.00 evr ro onto See Finance Charge Summary section following transactions for detailed APR information Credit Lire 33,200.00 Credit Line Available $284.00 Cash Advance Credit Lire $ ),600.00 Cash Advance Credit Line Available $284.00 You may be able to avoid Periodic Fina nce Charges, see the ,averse side for details. t See hansoctlorn detail for a description of any fees charged. n e C B us as aC o Anniversary Month May Opening Cashback Bonus Balance $ 0.00 iN'ow CaOback Bonus This Period Y + 0,00 Cashback Bonus Balance $ 0.00 '., ea ^:erq icy in c. wsvw.Diseover.eom v .+c se!e.r Rewarch 3 Easy Ways to Contact Us Access your account securely at www.Discover.com 1 cot' 1-800.DiSCOVER (1.800-34726831 ?lease Nova your Discover Z card avoiiabie. 3 vvnte'o, at Discover, PO Box 30943; Sall Lake Clty. UT 84 `30 '.or "vJ "Teiecormnunicotons Device ter the. Cecfj asr.stance, D'ease call 1.800-347.7449. PO BOX 71084 1till III bill srrnllrlstill CHARLOTTE NC 28272-1084 frsl 1it dr,il,llr,1111111,nlllint6tlnlnllnlrrbrl,lnll Me 1 of 2 Payment Information New Balance $2,915.A 1 Minimum Payment Due $59.00 Payment Due Data May 1, 2010 Late Payment Waning: If we do not receive your minimum payment by the date listed above, you may hove la pay o late fee of up to $39.00 and your purchase APRs for new transactions may be increased up to the Detoult APR of 15.99% vorloble. Minimum Payment Warning: If you make only the minimum payment each period, you will pay mare in interest and it will take you longer to payoff your balance. For example. .1 Mre ac yi!f A bu}y1 ' `y'p « 4'+nuT a ww"11.m-d ? r ? IA?1al <her?lo ? y the ?+gFEi1??p 4Yr vp gaytgg Pn ttr3p oCGra4nr ?prr ?fi go"randtcta!of apCi, irronihymt!e?:.? I • Only the minimum 13 years $4,085 Payment $87 3 years (Sayings . $960 j If you would like Information about credit counseling services, call 1-800.347.112 1. Manage Your Account Online at www.Discover,com Access free online ioois like Paydown Planner to create a plan Imlay down your boonce, securely access statement. any bills online and easily irack ail transactions Make your money s?.•arib rnore5t'-find easy ways !o earn and redeem cosh rewat"ds NEW! Access your account sea.! e!ly Ihroogh year mobile phone Transactions Trans. Post Dale Date Payments and Credits Apr I Apr 1 PAYMENT • THANK YOU See reve ,e side. DISCOVE ?y .k.rti ,V EK DISC w It Pays w , JOSEPH number PUANE JOSEPH ) number andin2 in 2109 ?,} DISCOVE R page 2 of 2 Finance Charge Summary Nominal Other Average Dolly ANNUAL ANNUAL Periodic fee current biHln 31 days g period- - Daily $,alances Periodic Rates PERCENTAGE PERCENTAGE RATES RATES FINANCE CHARGES .. FINANCE CHARGES Purchases $240.02 0.03011 ro 10,99% V 10.99% $2.24 $0 Cosh Advances $0 0.06573% 2399% 23.99% $0 $0 Balance Transfers $2,723.60 0.01093% 3.99% 3.99%, $0.22 $0 V o Variable Role Information For You Share money, not your credit line. Quickly share spending money with those who rely on you. The Current)SM) by Dlscover1R) debit card has customizable spending limits & $0 fraud liablllty so teens can't overspend or lose their cash. First month FREE 1up to a $15 value) with Promo Code SM410 at CurrentbyDiscover.com. Offer expires 5/31 /10. Questions? Visit www,Discover.com o ca+f 1-800-DISCOVER I1-800-347-26331. DISCOVER New Bolan co 35 866 D I SC( VEK '$2 Minimum Payment Due f Account-Nvmber ending in 8109 00 Enter Amount Enc!osed Bela- $38 , . . Payment Due Date $ June 1, 2010 pay online at www,Discover.com or make chech payable to Discover. Phone and Intel net paymenls roust be made by 5:OOpm ET for same day posting. 03 SOSrJ6A01 0001223 JOSEPH RUANE Gopaperless and make your account information more secure with password- 133 WESTGATE DR , rotected statements only you can access. MT HOLLY SPGS PA 17065-2010 Learn more at discoveccomlpaperless. PO BOX 71084 lilrr rll usiln n ills) rn{l CHARLOTTE NC 28272-1084 Address, e-mail or telephone change? II'll 1lrsirt!(tllt.11rrl!I,s!l1ilrsr1tf1 rir!lit!Itt1rrl!Irril Go to www.Discover.com or print change in space above. Opening Date: April 4, 2010 • Closing Date: May 3, 2010 page 1 of 2 Discover More Card Account Summary Account number ending in 8 T 09 Previous Balance $2,915.41 Payments And Credits 60.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Finance Charges + 10.94 Other Fees t 0.00 New Balance ? 32,866.35 See Finance Charge Summary section fallowing iransactions for detailed APR information Credit line $3,200.00 Credit Line Available $333.00 Cosh Advance Credit Line $1,600.00 Cash Advance Gedit Line Available $333.00 You may be able to ovold Periodic Finance Charges, see the reverse side for cletafls. t See transaction detail far a description of any fees charged. *o lea n me ., - a! wvnv.Discover.com and Helen Rswardsr Payment Information Cas baC BonuSe Anm-,aary Month May Opening Cashbock Bonus Balance $ 0.00 New Cashback Bonus This Period + 0,00 Cashback Bonus Balance $ 0,00 New Balance $2,866.35 Minimum Payment Due $58.00 Payment Due Data June 1, 2010 4a» 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 now transactions may be increased up to the Default APR of 15.99% 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, i ?otr era OJ aifs ` i 67, M ' p?id?taccai ?zkfiSrgsa ib t,?.nlap'iL'?t ?kR ??3 an tr'$1 ini#roprrJ and "a if vc"N .nl r fti'4 ed tdtal of r Only the minimum 13 years $4,024 payment $86 3 years 3`0 (Sevin s < $943 If you would like information about credit counseling services, call 1-800.347.1 121. 3 Easy Ways to Contact Us Manage Your Account Online at www.Discover.com . Access your account socurely at www.Discovsr.com Access free online tools like Payclcvm Planner to create a Plan Cc;! I.800•DiSCOVER (1.800 34726831 a gay down your balance, securely access statements, pay Please have your Discocerltcard avoiicbla. ball online and easily track all transo6ons 3. 'ddr fe to us at Discover, PO Bow 30943, Nwke, vow money wc,rth morOM-find ootay avs to earn Soli inks C'rv. UT 84130' and redoom cash rewards for?DD i7e'secommunications Ds,,ice for tle Dean MEWi Access your account securely ?",rough you! - cssistooce, nlacse. call 1.800-477469. mobiie phore Transactions Trans. Post Dore Date Payments and Credits May 1 May 1 PAYMENT. THANK YOU $ -60.00 See reverse side. DISC.SVLPC n DISCC)VEK Is s ro JOSEPH RUANE Acc u t b I 8109 di o n num er en n n g page 2 of 2 Finance Charge Summary Nominal Other Daily ANNUAL ANNUAL Periodic Fei current billing period, 30 g pe days 1>arly @nlsaozaa Perlodle PERCENTAGE Rates M TES .-__ PERCENTAGE RATES _ FINANCE CHARGES FINANCE CHARGES Purchases $242.20 0.03011% 10.99% V 10.99% $219 $0 Cash Advances $0 0.06573% 23.99% 23.99% $0 $0 Balance Transfers $2,672.50 0.01093% 3.99%. 3.99% $8.75 $0 V e Variable Role Information For You 5afeguord your identlry. Identity Then Protection provides daily 3-bureau credit reports monitoring and alerts you of key change; that may help you identify potential fraud. Visit Discover.com/idenlitythehprotectlon to learn more or to enroll Discover fl gift cords ore easy gifts Dods and Grads love. Add a personal touch with o matching gift card and greeting cord combo. Even save $2 with promo code GIFT2 at DiscoverGiRCard.com through 6/30/10 After 12 months of consecutive inactivity, Discover will begin to assess at $2.50 monthly dormancy f*e. With tightening lending standards, Its never been more important to stay on top of your score. Credit SconsTrackor helps you understand what may be affecting your credit rating. Visit 0tscover.com/creditscarstracker or call 1.866-256.4532 to leorn more or to enroll. Questions? Visit wwwMiscover.com or caU 1-800-DISCOVER ,1.800.347-2683). DISC*VEIZ Now Balance DISC?',.,v1VEff $2,817.48 Minimum Payment Due'. Account Number ending In 8109 $57.00 Enter Amount Enclosed Below Payment Due Data $- July 1, 2010 Pay ollIne at v+ww.Disyover.com or make check b Di d paya le to scover. Phone an interne! Payments must be mode by 5:00pm ET for some 03 SOSN001 OW?2c's day posting. JOSEPH RUANE Go paperless and make your account 133 WESTGATE DR 133 Information more secure Mth password- statements only you can access. MT HOLLY SPGS PA 17065-2010 Learnmoreatdiscover.comlpaperless. PO BOX 73.084 IllvrllterlinIll lslrI'll CHARLOTTE NC 28272-1084 Address, a-mail or telephone chong@V liilillnlnrlrl1 i l l llli l l i l1 l i ll I 1 Go to www.Discover.coni orprint change In space above . nr r n sn ni n n u n rr u i n Opening Date: May 4, 2010 - Closing Dale: June 3, "e Discover More Card Account Summary Account number ending in B 109 Previo:u Balance $2,866.35 Payments And Credift - 60.00 Purchases + 0.00 Balance Tfonsfers + 0.00 Cash Advances + 0.00 Finance Charges + 11,13 Other Fees 't + 0.00 New Balance 2,817. 8 See Finance Charge Summary section following transactions for deiailed APR information Credit line $3,200,00 Credit line Available $382,00 Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $382.00 You may be able to avoid Periodic Finance Charges, see the reverse side for details. t See transaction detail for a description of any fees charged. Cas aek Bonus' Anniversary Month May Opening Cashbook Bonus Balance $ 0.00 Mew Coshback Bonus This Period + 0.00 Cashback Bonus Balance $ 0100 "o Isom ,_ fcp m ur www. 061ova•.com and nri,A Reward, L__ I 010 page 1 of 2 Payment Information New Balance $2,817.48 Minimum Payment Due $57,00 Payment Due Date July 1, 2010 Late Payment Warning: If we do not receive your rnin(rnum 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 or 15.99% variable. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: you:mgkena .. _. 8 ? f ' d ?+Sr:?'?eh# ddt}fanafCbarfr,s ? a, 359,€? d?, Jafngthli, cars va ?"' "niw imofed,?ntq aF. fyl h Ys1041t}s ? ?' ' s V.A p1F3 P II xq,: s s p ? Only the minimum 13 years $3,961 payment $84 3 years ,03 15ovln s e $924 i IFyou would like information about credit caunselin9 services, call 1.800-347-1121. 3 Easy Ways to Contact Us Manage Your Account Online ot,4vww.Discover.<om ' Access your account securely of www.Discover.<om Access free online tools like Paydown Planner to create a plan 2. Fall 1-6OOd>ISCOVER j1,800-3472683) !a pay down your balance, securely access statements. Pay Home have ;vour Discover& card available, bills online and easily track all transactions Write to vs at Discover, PO Box 30943, Mcika yotn' money worth motfind easy wcys to earn ao'tt ink, City, LIT 841n and redeem cash rewards Fcr TD - F c.cornm,•ni..%n,, Dea:e for+he DeaFl . NEW! ones your apcaunt securely r4roug .: h ou^ ssslance, please cat 1.800-347.7449, moobJ bile phone Transactions . Trans. Post Date Dare Payments and Credits May 29 Moy 29 PAYMENT - THANK YOU ? .6000 See reverse side. DISCOVER' C ®'SC?•?VG? ePeysro ' I ??CJC?`3VE ? JOSEPHRUANE Account number ending in 8109 i. page 2 of 2 Finance Charge Summary Nominal Other Average Dal ANNUAL ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE billing 31 days currant 8 period: Balances Rates RATES RATES gMRgES CNARgES Purchases $243.14 0.03011% 10.99% V 10,99% $2.27 $0 Cash Advances $0 0.06573% 23.99% 2399% $0 $0 Balance Transfers $2,616.99 0,01093% 3.99% 3,99% $8.86 $0 V = Variable Role Information For You This month, the featured Cashback BOrus(R) Redempllon Partner Is Bad Bath & Beyond(P.). Redeem $20 Coshback Bonus for o $25 Bed Both & Beyond gift cord. Identity Theft Protection provides daily 3-bureau credit file monitoring and alerts you of key changes that may help you identify potential Fraud. Visit Discover.eom/identitytheftprotectlon or call 1.866.515.5302 to learn more or to enroll. Discover's Vdollat Protection helps notify card issuers & monitors your credit activity for 90 days if your wallet Is lost/stolen. Visit Discover.com/walletprofection or call 1.877.623•B014 to learn more or to enroll Questions? Visit www.Discover.com or call i-800ZISCCVER (''-800-347.2683{. DISCOVER New Balance DISCOVEK 52,867,13 00 8DSN6A01 00012.0 JOSEPH ROANE 133 WESTGATE DR MT HOLLY SPGS PA 17065-2010 F -W11111- Paymen! Due j Account Number ending in 8109 L5114,00 Enter Amount Enclosed Below Payment Due Date f A 201 ugust , 0 Please make check payable to Discover Card Minimum yment due includes a past due f $ h d amount o 57.00. P one an internst oymWs m t be m d b 5 d 00 ET f us a y : or same pm ay e posting Please see "Notice of Changes to our Interest Rates" section PO BOX 71084 III,rdlrt,llrrrrdlJrltll CHARLOTTE NC 28272-1084 Address, email or telephone change? Go to ,rww.Discover.com or print change In space above Inl:l1uln,liIlnrlnltlulllllulln1 ulnlininlulsltill . uate: June 4, [u t u - (:losing Date: July 3, 2 Discover More Card Account Summary Account number ending in 8109 Previous Balance .. $2,817.48 Payments And Credits 0.00 Purchases + 0,00 Balance Transfers + 0.00 Cash Advances + 0,00 Interest Charged + 10.65 Fees Chargyed + 39.00 ` IVewguTance ----- 2,867.13 See Interest Charge Calculation section following tronsaetiom for detailed APR Information Credit Line $3,20000 Credit "Line Available $332.00 Cash Advonce Credit Line $1,600.00 Cash Advance Gedit Line Available $332.00 You may be able to avoid Interest Charges, see Additional Important Information for details, Ca5 at Bonuse Anniversary Month May Opening Cashbook Bonus Balance $ 0.00 Now Cashback Bonus This Period + 0.00 Cashback Bonus balance $ 0.00 ?o Iec•n nose, lob to mwww.Dixuver.com 3 Easy Ways to Contact Us Access your occouni securely at www,Diecavoncorn 2. Col! 1.800-DISCOVER I1-800-347.2683) Please have grow Discoveritcard avoilab:e. 'Al! ite to us at Discover. PO Box 30943. Sail Lake City, UT 841, Jc (Not a payment address) 6 `or payments, please send to address on remittance or incover, PO Box 6103, Carol Stream, IL 60197.6103 for TDD Teieccmmanicationr. Device for the Door, assistance, please call 1-800-3.17-7449. 1 VI L Payment Information New Balance $2,867.13 Minimum Payment Duet $114.00 Payment Due Date August 1, 2010 'Includes post due amount of $57.00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a lore fee of up to $39.00 and your purchase APRs for new tronsottions may be increased up to the Penalty APR of 15.99% variable. Minimum Payment Warning: If you make only the minimum payment each period, you will pay mare in interest and it will take you longer to pay off your balance. For example: I r?`t n+ t 3 ^sr ' q ?'ra Mc' '?tr'?trlik t;?r'd?a- ttr11 ?tt%1?ljK`? ?igfol of. Only, the minimum 13 years $4,022 payment If you would like information about credit counseling services call 1-800-347-112 1. Manage Your Account Online at www.Discover.com Access free online tools like Paydown Planner to create a plan to pay down Your balance, securely access statements, pay bills online and easily track all tronsoctlons • Make your mone}'v.odh more =h^-•find easy -•;rays !o ear and redeem cash rewaras ' NEWT Access your acccunl securely through your mob a phone Transactions Trans. Post Date Date Fees 1ul 1 Ju! ! LATE FEE $ 39.00 TOTAL FEES FOR THIS PERIOD 39,00 Interest Charged INTEREST CHARGE ON PURCHASES $ 2.20 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS SA .5 NOTICE. SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER DISC OVER JOSEPH RUANE e pars tat Account number ending in 8109 page 2 of 2 ^t C_?.? Notice of Changes to Your Interest Rates You hove triggered the Penalty APR of 15.99% on new transactions. This APR will vary wit+ ilia market enact on the Prime Ryte." This change will impact your account os [ollows: Purchases made on or after 7/23/10: As of 10, the Penalty APR will apply to these purchases (unless a promotional rate applies). We will keep the APR at this level indefinitely. Purchases made before 7/23/10 and other transactions: Current rates wilt] continue to apply to these purchases and transactlons. 'This Annual Percentage Rote l"APR") equals the U.S. Prime Rate + 12.74% (corresponding daily periodic rote of 0.04381 %). Interest Charge Calculation Your Annual Percentage Rate {APR) is the annual interest rate on your account. Current Billing Period: 30 days TYPE OF BALANCE ANN L PERCENTAGE LANCE S UB ECT TO INTEREST CHARGE A IBA SU Purchaser 10.99% V $243.76 $2.20 Cash Advances 23,99% $0 $0 Balance transfers 3.99'% $2,578.66 $8.45 V = Variable Rate Additional Important Information See your Cardmember Agreement. Your Cordmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediatelyl Call 1.800.347.2683. What To Do if You Think You Find A Mistake On Your Sfatemont If you think there is an error on your statement, write to us al. Discover, PO Box 30421, Sall Lake City, UT 84130.0421 . in your letter, give vs the following information: • Account in.,ormatlon: Your name and account number. Dollar amounh The dollar amount of the suspected error )escripnon of Probiem If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may hove to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannal try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that wa made a mistake, you will not have to pay the amount In questlon or any interest or other fees related la Ihat on•,cvnt. While you do not have to pay the cmowri In question, you are responsible for the remainder of your balance. We car, apply any unpaid amount against ,your credit limit. Your Rights If You Are Disiatlafled Witt? Your Credit Card Purchases If you ore dissatisfied wilh the goods or services that you have purchased with you. credit cord, and you have tried in good folth to correct the problem with the merchant, you may have the right not to pay the remainmp amount due on it-0 pvrchasa. To vso this riyh! all of the following must be true. The. purchase must have been made in your home -rote or within 1 00 miles of your current mailing address, and 'he purchase price must nave been more than $50 (Note: Neither of these are necessary if your purchase was based on. an advseisement we mailed to you , or if we own the company that sold you the goods or services) _ You must have used your credit card for the purchase. Purchases mode with cash advances Yarn an ATN; or with a check'hcji accesses your credit cord account do not qualify 'au mast not yet lava fully paid for the purchase. ci" of the crilerio above are met and you era still dissatisfied Witi, the purchase, concoct us it vrrliinc a! -. Dis_ovar, pG boy, 30945. Sett Lake City , UT 84130.0945 V we inves, 90his the same rvles apply to the disputed amount as discussed aLrve. After we finish air .: astie :en.. we A! tali col: ovr deds:on. A, that po'.nl, if vea think ;,ov owe an amow}t and yo, do ^.o. Poo .•a may report you cs delinquent, Payments. Stl onf.y your payment one' the top partion of this statement in he envelope provided. Do not send cash By slincmg ckent, os described above, ••ou authorize us to use information on vour check to make an olechanic fund transfer frcm vour account at the financicl insfitvtion indicated or. your check or to process the payment as a check hansac!ior. 11 payment is processed as an electror:ic fund Iransfer, the transfer will be For this amount of the check. All we use Info rmct:a fromm• your check to make an electronic fund transfer, funds may be withdrawn From your account as soon as the some day we receive your payment, and you will not receive your check back from your financial institution. The orocessing oi• vour payment may be delayed if you send cash, correspondence or other items with your payment, 4 yCu send the payment fo any other address or [you use an envelope other than the one provided. Payments received in propel form at our processing facility, by 5PM local lime on any do- will be credited to your Account as of that day. Payments received at our processing facility after 5PM local aims velll ?e credited to your Account as of the next day. if you have misplaced yw9' snvalope, send your payment to Discover, PG Box 6103 Carol Stream, IL 60197.6103. Please allow 7.10 aays for detvary. If your payment is returned unpaid, wa reserve the rigfrf to resubmit it as an electronic deb 1. IJOt!CE. EE RcV[RS_ SIDE FOR fN4PQRTAhiT INFGRMATIGPd DI VER C r New Balance D1SCt"VER• $2,917.55 03 S0131`46AG1 0701227 JOSEPH RUANE 133 WESTGATE OR MT HOLLY SPGS PA 17065-2010 Minimum Paymon! Due Account Number ending in 8109 $172,00 r Enter Amount Enclosed Below _ Payment Due Dole b $ , Septem er 1, 2010 Please make check payable to Discover Curd. Minimum paymane due includes a past due m t t f $114 00 Ph d I oun a o . . one an ernet n a ments must be made b 5:00 m ET For same p y y p day ?soo pa?erles s and make your account Information more secure with password. protected statements only you can access. Learn more at discover.com(peperfess. PO BOX 71084 111111 11 111 11 4 1111 11 1 1 111 11 CHARLOTTE NC 28272-1084 Address, Is-mail or telephonechange8 Illufnrltlluslnltlullllu! Ir fl u inllnln lul tl It ?l Go to www.Discovar.aom or print change in space obove, t n t Opening Date: July Q, 2410 - Closinq Date: August 3, Discover More Card Account Summary Account number ending In 8109 Previous Balance $2,867.13 Payments And Credits 0.00 Purchases r 0.00 Balance Transfers + 0.00 Cash Advances ± 0.00 Interest Charged + 11.42 Fees Char ed ? i 39.00 ._.. _...... ?? NO Bclan --T2-,9-7T5 See interest Charge Calcuiation section following transactions for detailed APR information credit Lint $3,200.00 Credit L',no Avciiable $282.00 Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $282.00 You may be 0610 to avoid Interest Charg es, see Additional Important Information for details, Cas aC Bonusa Anniversary Month May Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period T 0.00 Cashback Bonus Balance - `o L:c;n more, bg Ir: of www.0iscovsr.com $ - p,00 Payment Information Now Balance $2,917.55 Minimum Payment Due, $172.00 Payment Due Dote September 1, 2010 'Includes past duo amount of $1 1A.00 Late Payment Warning: IF we do not receive your minimum payment by the dots 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 15,99% variable. Minimum Payment Warning: If you make only the minimum payment each period, you wilt pay more in interest and it will take you longer to pay off your balance. for example: trdi4YN exiled RtdloP ( Only the minimum 1 13 years payment 1 $4,084 1 If you would like information about credit counseling ssvices call 1.800-3A7.112 1. 3 Easy Ways to Contact Us Manage Your Account Online at www,Discover.com I . Access your occour:t securely at www,Discover.cam Access free antina tools like Pa down Planner to croate a plan Coll 1 800-DISCOVER 11.800-347-2683 to )ay down our balance, securely access statements, Py cy Please have your Discover© card available bills nline and easily track all transactions 3 Write to us at Discover aPC Box 30943. 5ai+ Lake City, UT 8.4 1 ?10 ;Uot a payment address) !'.hake voui money worth more'ti' --Find easy ,toys !c soot For payments, plaose send to oddress on rami?lenee ar and redeem cash rewords Disoovor, PO Eca d i 03, Carol Stream, IL 60197-6103 NEW! Accost your account securely Ih!Dugh vbdt for TOO Relecot-,mvnications Device for the Deof1 mobile photo Dss;nonce, plecae call 1.800.347.7449. Transactions Trans, Poet Date Date Fees Aug I Aug 1 LATE FEE $ 39.00 TOTAL FEES FOR THIS PERIOD 39.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 2.67 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 8 75 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION F DISC OVEK It per fl JOSEPH RUANE t•a Account number ending In 8109 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) Is the annual Interest rate on your or-counl, Current Billing Period: 31 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE (APR) INTEREST RATE Purchases 10.99% V $285.19 $2.67 Cash Advances 23.99% $0 $0 Balance Transfers 3.99',x' $2,587.46 $8.75 V = Variable Rate Additional Important Information See your Cardmomber Agreement. Your Cordmember Agreement contains all the terms of your Account. Lost or stolen cards, Report immediatelyl Coll 1.800.347.2683, What To Do If lrou Think You Find A Mistake on Your Statement IF you think there is on error on your statement, write to us oh Diseover, PO Box 30421, Solt Lake City, UT 84130.0421. in your letter, give us the following information. • Account information: Your name and account number. Dollar amount: The dollar amount of fie suspected error. Description of Problem: If you think there is an error an your bill, describe what you believe is wrong and why you believe it is a mistake, You must contact us within 60 days after the error appeared on your statement. You must notify us of any potontial errors in writing. You may call us, bull if you do we are not required to investigate any pcfentiol errors and you may hays to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount, The charge in question may remain on your statement, and we may continue to charge you interest on that amount But, if wo datarm Ina that wa made o mistake, you will not have to pay the amount in question or any interest or other fees relofed to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance, We can apply any unpoid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases, If you are dissofisfied with the goods or services that you have purchased with your credit card, and you have hied in good faith to correct Ike problem with the merchant, you may have the right not to pay the remairfng amount due an the purchase. To use this right, oll of the following must be true: I . The purchase must hove been made in your home state or within 100 miles of your current moiling address, and the purchose price must have been more than $50. (Note: Neither of those ore necessary if your purchase was based on on advertisement we mailed to you , or if we own the company that sold you the goods or services.) 2 You must have used your credit card for rho purchase. Purchases made with cosh advances from on ATM or with a check that accesses your credit card account do not qualify, 3, You must not yet hays fully paid for the purchase. If ail of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Solt Lake City, UT $4130.0945 While we investigate, the some rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. Al that point, if we think you owe on amount and you do not pay we may report you as delinquent Payments. Send only Your payment and the top portion of this statement in the envelope provided. Do not send cosh. By sanding your check os described above, you authorize us to ties information on your check to make an electronic fund transfer from your account of the financial institution indicated on your check or to process the payment as o check Iransoction. It payment is processed as an electronic fund transfer, the transfer will be for the amount of Nse check. When wa use information from your check to make an electronic fund tionsfor, funds may be withdrawn from your account as soon as the some day we receive your payment, and you will not receive your check back From your financial Institution. The processng; of your payment may be delayed if you send cash, correspondence or other items with your payment, if you 3en the payment to anyy other address or if you vse on envelops other than the one provided. Payments received in proper form of our processing facility by 5PM local time on any day will be credited to your Account as of that day. Payments received al our processing facility after 5PM local t:me will be credited to your Account as of the next day, If you have sploced ,our envelope, send your yment''a Discover, PO Box 6103, Carol Stream, 1160197-6103 . Please allow 7.10 days For deli,ory !f your payment is pa turned unpaid, we reserve the right to resubmit it as an electronic debit, You can iav your minimum payment or a greater amount over the telephone, and you can set up automatic payments. Call us of i-80.147.2693. You will head this statement and vour bank account information, You must ensure !not sufficieni iunds a:e ovoilable :n your bank account, and all h'ansoc4ons must comply with U.S. law. You will be asked to provide the fiat 5 digits of your account stalemem L:P code 9y enlerin8 !hose numbers as your electronic signature, you veil) be onreeing to this authorization io ahoy, us and your bank to deduct each payment you authorize &oro your bank account. and fo initiate debit or credit ant es to ycur bank actii as oPpiicabis. IQ correct an error in the prices inp of such pe merit You muss toil us fi,e amours! of each payment or you can select an amount such as the Min: ILL Paymanf Dus or the New Balance cet oath statement. You con cancel o ?aymea:; however we must teceiva notice of isast three business days in advance of the scheduled pa,monf. You may raft y us by phone at 1-800-347.2683 or by mail of the address Itsfed in Iha provious I orctgrapl% !f ,our payments ziry in amount, we will tail you on each monthly statement when your paymer-t •nA be mode and hove 6e four automatic oavnent amount may be lass than indicated on the monrk statemen! baser) on credits of ooy"nh caplieci du•ing'he aT.nc, cyde Credit Reporting. A's may repo:' irformation about your Account to credit bureaus. Late payments, missed pcyrnents, or other defaults on your Account may be reffli in your credit re orl. We normally report the status and paymant histo y of your Account to radii reporting cgencies each month. If you believe that our re ort is inaccurate or incomplete, Ploose •,, rite us at the follcylny address: Discover, PO Bor. 15316, `A';Imington, DE 19850-5316 . Please indicate your name, oddcess; home telethone 1un,bet' and Account nun•.ber. NOTICE: SEE REVER5E 510E FOR IMPORTANT INFORMATION 5F; DISC' Eff 43 SOSNEAD1 000122E JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA New Balance Minimum Payment Due 52,954.38 $231,00 Payment Due Date October 1, 2010 17065-2010 Account Number ending in 8109 Enter Amount Enclosed Below Please make check payable to Discover Card. Minimum payment due includes a past due amount of $172.00. Phone and internst payments must be made by 5:00pm ET for same day arm % pa&dess and make your account Information more scours with peseword- protected atetemerrts only you can access. Learn more at discover.comlpaperiess. PO BOX 71084 IllrrrlIMIlrrrsrllrlrnll CHARLOTTE NC 28272-1084 I I I I I I I I I IIIIIIIIIIIIIIIIIIIIIIIIIIIIt IIIIIIIIIIIII IIIIIIlrril Address, e-mail or telephone changoV Go to www,Discovsr,com or print change in space above. ng Vate; August 4, 2010 - Closinq Date; Discover More Card Account Summary Account number ending in 8109 Previous Balance $2,917.55 Payments And Credits 0.00 purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 11.83 Fees Chor ad - + 25.00 New 6.7. nce 9 4. 8 See Interest Charge Calculation section following transactions for detailed APR informotion Creoit tine $3,200,00 Credit Line Avaiiable $245.00 Cosh Advance Credit Line $1,600.00 Cash Advance Credit Line Avolloble $245.00 You mov be able to avoid Interest Char-ass, see Additional Importani informotion for detoih. Ca5 aC BctnuSe Anniversary Month May Opening Cashback Donut Balance $ 0.00 New Cashback Bonin This Period + 0,00 Cashback Bonus Balance $ 0,DO To in:- mire. og in of www.Discoveccom 3 Easy Ways to Contact Us Access ycur account secorely at www.Di.c.vor.com Ca;l 1-300-D'+5C0VER (1-8 M'347-2681 ?lease have your Discover card available. :. V"Ne to us at Nscovor. PO Cox 30943, Salt iaks City, UT 841'30 (Not a payment address) For oogmenis, pleats send to address an remit once or D?sccver, PO Box 5103, Carol Stream, IL 601 97-61 03 For 'DD ?eieccrnmunico+'.ans Device for the Deaf) assistance, please cc;! 1-800.347.7449. Manage Your Account Online of www.Discover,com Access free online tools like Paydown Plonner IQ create a plan. to pay down your balance, securely access statements, piny bills online and easily track alt iransactions Make your money :voltl+ more '<-find easy vrays to ecru and rodeem cash toward- NE ' W1 Access your account sec;rel•,r through your mobile phone Transactions - !T Trans. Post Date Data Fees 5ep 1 Sep I LATE FEE $ 25.00 TOTAL FEES FOR THIS PEWD 25.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 3.05 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 876 cv w I of 2 ayment Information ow Balance $2,954.36 Minimum Payment Due' $231.00 symenl Due Date October 1, 2010 nclu4t, past due amount of $172.00 its Payment Warning; If we do not receive your minimum symant by the date listed above, you may have to pay a (ate is of up to $35.00 and your purchase and balance transfer PRs for new transactions may be increased up to the Penalty PR of 20.99'% variable. linimum Payment Warning: If you make only the minimum aymont each period, you will pay more in interest and it will ke you longer to pay off your balance. For example: 3??Ad qty' .??. S+Kt ,dal oF, . Only the minimum 13 yore $4,123 payment If you would like information ahoui credit counseling services, call 1-800-347.1121. NOT)CE SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER ®ISCC< ER' JOSEPH RUANE E?? Account number ending in 8109 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APRI it the annual interest rate on your account. Current Billing Period; 31 days TYPE OF BALANCE PERCENTAGE PERCENTAGE A SUBJECT TO N E INTEREST CHARGE R E (APR) I T REST RATE Purchases 10,99% V $327.04 $3,05 Cash Advances 23.99% $0 $0 Balance Transfers 3.99% .$2,596.23 $8,78 V = Variable Rate Additional important Information See your Cordmember Agreement. Your Cordmem6er Agreement contains all the terms of your Account. Lost at :talon cards, Report immediately! Call 1.800.347.2683. What To Do If You Think You Find A Mistake On Your Statement if you think there is an error on your statement, write to us at: Discover, PO Box 30421, Salt Luke City, UT 84130.0421. In your letter, give us the following information: Account information Your name and account number DuAar amount: The dollar amount of the suspected error Description of Probiem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. 'You must contact us within 60 days offer the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we ors not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you Interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We con apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goads or services that you have purchased with your credit card, and you have tried in good faltli to correct the problem with the merchant, you may have this right not to pay this remaining amount due on the purchase. To use fats right, all of the following must be true: 1, The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note; Neither of these are necessary if your purchase was based on on advertisement we mailed to you , or if we own the company that sold you the goods or services.) 2. You must have used your credit card For the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify, 3. You must not ysi have fully paid for Ike purchase. ' if all of the criteria above are met and yyou are still dissatisfied with the purchase, contact us in writing at: Discover, PO Box 30945, Sag I. Clty, UT 84130.09,46 While vie investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will ts4 you our decision. At that point, if wo think you owe an amount and you do not pay we may repot you as delinquent, Payments. Send only your payment and the top pportion of this statement in the envelope provided. Do not send cash. By sanding gyoavt check as dosc load above, you authorize us to use information on your check to make an electronic fund transfer tram your account of the financial institution indicated on your check or to process the payment as a check ironsoction. 1'F payment is processed as an slach'onic fund transfer, the transfer will be for the amount of the check. When we use information from your chock to make on electronic fund transfer, funds may be withdrawn from your account as soon as the some day we receive your payment, and you v+ill not receive your check bock from your financial institution. The p ocessing of Four payment may be delayed If you sand cash, correspondence or other items with your payment, if you send the payment o an , other address or if you use an envelope other than the one provided. Payments received In proper ferns at our processing facility by 5PM local time an any day will be credited to your Account as of that day. Payments received at our processing facility after 5PM local time will be credited to your Account as of the next day, If you have misplaced your envelops, send your payment to Discover, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 7.:0 days for delivery if your payment is returned unpaid, we reserve the right to resubmit it as an electronic debit. You con cpoy your minimum tommont or a greater omounf over the telephone, and you con set up automatic paymerts. Coil us al 1.800-347.2683. You alit need this slatemeri and our bank account information. You must ensure that su€ficiant Funds are avaitoble in your bank account and all tronsacifons must comply with U.S. law. You will be asked to provide the first 5 digits of your account statement DO code. By entering those numbers as your electronic s'Ignolure, you will be agreoir:g to this oulhorizahon to allow as and your bark fo deduct each payment you authorise from your bank account, and to initiate debit or credit entries to your bank account, as appplicable, to correct an error in ilia proceseen of such payment, You must tell us the amount of each pavmenl or you con selec! an amouni such as the Minimum Payment Due ar the New Balance on each statement. You can cancel a payment; :nov,ever wet must receive notice of lead three business days in adyonce of the scheduled peIment. You may noti ; us by phony of 1-800.347-2663 or by mai'i at The address listed in the previous' paragraph. your payments vary in amount, :vs will tell VOL on each monhly statement when your payment will be mode and how much if wdl bo. Your automatic oayrne:?' amount may hs lass inct, indicated an-'he manihly statement coped or. crodits or aayments applied during tna biking cycle. Credit Reporting, 'vVe may report ,for abou' your Account to credit bureaus. Late payments, >nissed payments, p- other defouhs an ,our Account may be reflected in your credit report. 4Ver normally report the status and payirenl htstary of yovr ACCaunt to credit reponirm agencies each momli. If Y,ou be:ieye that our rsPart is inaccurate or incompiata; please write s d the Following address: Discover, PO Box 15, 16, Pddmington, DE 19850.531It , Please indicate your name, address, home telephone nun-,her and A-.,it nu:mbe- NOTICE. SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER D1JCC ER 03 SDSNSA01 0001229 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA New Balance Minimum Payment Due ! $3,001.38 $291.00 y Payment Dug Dote November 1, 2010 11065-2010 Account Number ending in 8109 Enter Amount Enclosed Below $ Please matte check payable to Discover Cord Minimum payment due includes a past due amount of $231.00, Phone and internat payments must be made by 5:00pm ET For same day postin . Go pa?erlees and make your account information more secure whh password- protecled statements only you can access. Learn more at rliscover,com/paperiess. ,Hrl,n?I PO BOX 71D84 III to rIIr,tllrrNJ CHARLOTTE NC 28272-1084 Address, e-mail or lelephonschange? Go to wwwMiecovercom or print change in space above. I ninlnlilt: ll ,. Opening Date; September 4, 2010 • Closing Date: October 3, 2010 Discover More Card Account Summary Account number ending in B 109 Previous Balance $2,954.38 Payments And Credits 0.00 Purchases + 0.00 Balance TTonsfers + 0,00 Cash Advances + 0.00 tnierest Charged + 12.00 Fees Char ed + 35.00 }Jew Ba ante 3,001,38 See Interest Charge Calculation section following transactions for detailed APR information Credit Line $3,200.00 Credit Line Avoitoble $198.00 Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $198.00 You may be able to avoid Interest Charges, see Additional Imooitont Information for deraits. Cos ack 11onU5°D Anniversary Month May Opening Cashback Bonus Balance $ 0.00 Now Cashback Banos This Period + 0.00 Cashback Bonus Balance $ 9.00 T. 1.........: log fir, or www. Discover.com 3 Easy Ways to Contact Us Access your account securely of w ew.Dimover.com 2 Call 1.800-DISCOVER II-B0G347.26$3j Please have your Discoverm card available. 3, Write to us at Discover, PO P.ox 30963, Salt Lake City, UT 84130 (Nof a poymeni address) =er poynnems, please send to address on remittance or Discover, PO Box. 6103. Carol Stream, IL 60197.6103 For TDD ;Te4communlca4ions Device to- the Dear ouistanc.e, please call 1-800-347-7449. Payment Information New Balance $3,001.38 Minimum Payment Due" - $291-00 Payment Due Date November 1, 2010 'Includes past due amount of $231,00 Late Payment Warning; If we do not receive your minimum payment by the dote listed above, you may have to pay a late fee of up to $35.00 and your purchase and balance transfer APRs for new transactions may be increased up to the Penalty APR of 20.99% variable. Minimum Payment Warning: if you make only the minimum payment sack period, you will pay more in interest and it will take you longer to pay off your bolonce. For example: tf 9?a 1no y t? ? ?s ? ++w1Yfi1 c?rtit` Qiiorgss??Y ?trp+ ????' u an .I6sAro,ot_ ?71 '?h:lh' ini1+ of Only the minimum 13 years $4,1 B 1 payment If you would like information about credit counseling services, call 1-800,347-112 1. page 1 of 2 Manage Your Account Online at www,Dircover.com • Access free online tools like Paydov+n Planner to create a pion to pay down your balance, secursly access statements, pay bills online and easily track all transactions Make your money worth more s^`-find easy ways to earn and redeem cosh cowards • N;EWI Access you- account securely through your mobile phone Transactions Tram. Post Date Date fees Od 1 00 1 LATE FEE $ 31,00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 3.47 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRAN5FER5 B 53 NOT)C•E: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER' n15C;".,"s `CK a pap 10 JO$H RUANE p! Account number ending in 8109 C1}?'?VER' page 2 of 2 Interest Charge Calculation Your Annual Percentage Rafe (APR) is the annual Interes t cats on your account. Current Billing Period: 30 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE (APR) INTEREST RATE Purchases` 07/23/2010 and after 15.99% V $6A,77 $O.06 07/22/2010 and prior 10.99% V $290.52 $2.61 Cash Advances 23.99' $0 $0 Balance Transfers 3.99% $2,604,88 $8.53 V . Vorioble Pate ' Dales apply to non-promotional purchases and to expired promotions with start dates within the specified date range Additional Important Information See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report immediatelyl Call 1.800.347.7683. What To Do If You Think You Find A Mistake On Your Statement f you think there is an error on your statement, write to us at: Discover, PO Box 30421, Solt Lake City, UT 8 41 3 0-0421. in your letter, give its the following information. Account information: Your name and account number. Dollar omc The dollar amount of the suspected error. Description of Problem: If you flunk there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must rattly us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on final amount. The charge In question may remain on your statemsnl, and we may continue to charge you interest on that amount. But, if we datertri that we made a mistake, you will not have to pay the amount in question or any interest or other fees related Ia that amount, While you do not have to pay the amount in question, yyoou are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limil. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of ins following must be true; 1. The purchase must have been made m your home i taie ar within 100 miles of your current moiling address, and the purchase price must hove been more than $50. (Note: Neither of these are neceuary if your purchase was based on an advertisement we marled to you , or if we own the company that add you the goods or services,) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesass your credit card account do not qualify. 3 You must not yet have fully paid for the purchase. II all of the criteria above are met and you ore still dis301151ti with the purchase, contact us in writing at: Discover, PO Sox 30945, Salt Lake City, UT 84130.0945 WHO we ,nveshgate, the some rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe on amount and you do not pay we may report you as delinquenf. Payments. and only your payment and the tap portion aF this statement in the envelope provided. Do not send cash. By sanding vow check ca described above, 'au authorize us to use information on our check to make on electronic fund transfer from yyour account of the Flnancial institution indicated on your check or ro process he payment as a check Transaction. it payment is processed as on electronic hind transer, the tronsfar will I>a for the amount of the check. When we use info motion am your check to make on electronic fund tronsfar, funds may be withdrawn From your account as an as the same day we recmvs your payment, and you wilt not receive your check back from your finoncia{ institution. The?rxessing of your payment may be delayed if you ;end cash, co respondence or other items with your payment, if you son the payment u an}}• other addre ss or if you use an envelooa oohor d on the one provided. Payments received In proper arm at our processing k cilfty by SPM local time on any dayy wtll ba credited to your Account as of that dog. Payments received of our proressrng {ociIIty aher 51``' local rime will 6e cr'edited to your Account as of the next day If you have misplaced your envelope; send your povmant to Discover, PO Sox 6l 03, Coral Stream, IL 60197.6103.' Please afley+ 7.10 dogs br delivery. It' ,vour payment is returned unpaIa we reserve the right to resubmit it as on elachanic debit. You can of vour minimum Payment or a greater amount over the telephone, and you can set up automatic payments. Cali s c1 1•SW 387.2683. You wilt need tfrs statement and vour hank account Information. You must ensure thcl sur`ficied funds one available in your bank account and ail hansaciions must com.piv with U.S law Yov *li'oe asked to provide the first 5 digits of your accoun' statement ZIfS cods By entering those numbers as your electronic signature, you will be agreeing to !his au horizahon to allow its and your bank to deduct each payment you out .orixe from yourbank account, and to initiate debt or credit entries to your bank account, as oPPplicable, to correct an error in the processing of such payment . You must reli us flit amo:mf a{ each Fr_vrnant or you can seled an amount such as The Minimum Payment Due or the New Balance ore each stotemens You con cence! a ?yment; however we must receive notice of least three business dens in advance oft he scheduled payment. 1'av may r.oti? us by phone at 1.800.347.2683 or by mail of the oddre s listed in the rasious paragraph f your payrnenis vary in amount, We will fell you on each monthly statement when your payrrenrwill be more and Goa nucn it ,ill be. Your automatic payment amount moy be lass than indicated on the monthly statement based on credits or payment:. applied airing the pilling cycie Credit Reporting, V-e may report information about tour Accouni to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in yovr credit report. Wa normally report the status and payment history of your Account to credit . sporting agencies each monlh. It you believe that our report Is inaccurate or incomplete, please write us at the follaw;ng address: Discover, PO Box 15316, Wilmington, DE 19850.5310. Please indicaia your name, address, home telephone number and Acccunr number. NOTICE. SEE'.'EVERSE SIDE "OR IMPORTANT i NFORMATION DIS R New Balance Minimum Payment Due DISCr ''-AVER $3,049.32 $352,00 ?` Payment Due Dare December 1,1010 N S0SN6A01 0001,230 JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA 17065-2010 Account Number ending in 8109 Enter Amount Enclosed Below $ Please make check payable to Discover Card. Minimum pa ent due includes a past due amount of $291.00. Phone and Internet payments must be made by 5r00pm ET For soma doy &" ttn . pa4eriess and make your account information more secure with pass ora- protected statements only you can access. Learn more at discoveccomlpaperless. PO BOX 71084 111 fill 111111 It 1111111111 11 CHARLOTTE NC 28272-1084 Address, a-ma+:l at telophone chongef Go to www,Discovor.com or print change in 'space above. I u I tIlnI iulrlltiIII III I InIIIIiIII ululirlluli!1 fill 11111 Opening Date; October 4, 2010 • Closina Date: Noverr Discover More Card Account Summary Account number ending in 8109 Previous Bolance $3,001.3e Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances t 0.00 Interest Charged + 12.94 Fees Charmed _ t 35.00 New Ba once See Interest Chwga Calculation section lollow'ng transactions for detailed APR information credit lino $3,200.00 Credit Line Available WOO Cash Advance Credit Line $1,600.00 Cash Advance Credit Line Available $0.00 You may be able to avoid interest Charges, see Additional Important Information for details. CaS aC Knuse Annive rsary Month May Opening Cashbook Bonus Balance $ 0.00 New Cashback BonVs This Period + 0.00 Cashback Bonus Balance $ 0.00 T: learn f1w- IOC Ire owww.lDlitcover.com 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: j?j lifo+n thorgu aeln it on 11811{,A .4 a b1{7Q.. t}yn-H1bM1 'lfi ? ej+fl?f'ed fatal aE ?r4?i'nanth yau'pey q?lain.. Only the minimum I 13 year ( $4,241 li 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 Access your account securely at www.Discover.com Access free online tools like Paydown Pianner to create a plan 2. Coll i-SCODiSCOVER I1-800.347-2683! to pry down your balance, securely access statements, pay please hove your Discoverecard available. bills online and easily track all transactions .. 1Nrito to us at Discover, PO Box 30943, ,,all take City, UT 84130 (Not a payment address' • Make'.•our money vorih more '-Bnd easy' ways to 9aln For payments, please send to address on remittance or and redeem cosh rewards Di;cv:-er. PO Box 6) 03, Caroi Stream, IL 60 1 97-6 1 03 Ni;WI Access your account securely t rc:gh: your For TDC (ieecammuniearions Device for the Daoil mobile phone assistance, pleaso colt 1.800.347.74.49. Transactions Tens, Past Date Date Fees Nov 1 Nov 1 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES $ 4.10 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 8.84 NOTICE: SEF REVERSE SIDE FOR IMPORTANT INFORMATION DISC#VER ?c+ D'JC?:,i??GEC ?• npoy,ro bet RUANE Account number ending it:'-8109 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR; is th e ornual Interest rate on your account. Current Billing Period: 31 days TYPE OF BALANCE ANNUAL PERCENTAGE BALANCE SUBJECT TO INTEREST CHARGE RATE-(APR) INTEREST RATE Purchases' 07/23/2010 and after 15 99% V S100.89 $1,38 07/22/2010 and prior 10,99°6 V $293.18 32.72 Cash Advances 23.99% $0 $0 Balance Transfers 199%0 $2,613.57 $8,84 V ? vat .1cle Role ' Dates apply to non-promotional purchases and to expired promotions with start dates within the specified dote fangs Additional Important Information See your Cardmernber Agreement, Your Cardmember Agreement contains all the terms of your Account. Lost or stolen cards. Report imrnsdlatelyl Coll 1.800.347.2683. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Discover, PO Sox 30421, Salt Loke City, UT 84130-042). to your letter, give w the following information: • Account information: Your name and account number. • Doliar amount The dollar amount of the suspected al Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared an your statement. You must notify us of any potential errors in writing, You may callus, but if you do we ore not required to investigate any potential errors and you may have to pay the amount In question. While we investigate whether or not there has been an error, the following are true: We carrot try to collect the amount in question, or report you as delinquent on thot amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determme that we made a mistake, you will not have to pay the amount in question or any interest or other fees relc+ed to that amount. While you do not nave to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchose. To use this right, all of the following must Iss true: 'he purchase must have been made In your home state or within 100 miles of your current moiling address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was boseo on an vovedirement we mailed to you or IF we own the company that sold you the goods or services:) 2. You must have used your credit card for the purchase. Purchases made with cash advances from on ATM or with a check that accesses yax credit card account do not qualify. 3 You must not yet hove Fully paid for the purchase. If all of the criteria above are met and you am still dissatisfied with the purchase, contact us in writing af: Discover, ?O Bor. 30945, Salt Lake City, UT 84130.0945 While v+b investigate, the some rules apply to the disputed amount as discussed above, After we finish our investigation, we will tell you our decision, At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Payments. Send only your payment and the top pportion of this statement in the envelope provided- Do not send cash. By sending rut check as described above, you outhorize us to use Information on your check to make on electronic fund transfer ,ram your account al the financial instirution indicated on your check or to process the payment os a check transaction. If payment is processed as an electronic fund transfer, the transfer will be for the amount of the check. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the soma day we receive your payment, and you will not receive your check back from your financial institution. ne processing of ycur payment may be doYayed '(you send cash, correspondence or other items will our payment, if you send the payment m env other address or if you use an envelope other than this one provided. Paymen received in Proper form al our processing laciiity b SPM Iota' time on any dayy will be credited I. your Account as of that day. Palnnen!a eceiv?d at our p;acassing faotii y offer 5PMi local lima will be crnd0ld !a cur Account as of the neat day. If you have misplaced y'avr em•elope, send your payment is Discover, PO Box. 6103, Carol Stream, Il 60197-6103. Please aiaw 7.10 days for dellvary, if yarn poymenl is returned unpoid, we reserve the right to resubmit it as or. electronic debit. You can pay your minimum potment or a greoi amounf over the telephone, and you can set up automatic payments. Call us at 1.800-3di-2683. You will need this statement and your bank account information. You must ensure that sufficient funds ore avoilob:'e in your bank accouni, and all hansoctions must comply with LLS. law. You v; iii be osked to provide the first 5 digits of you: account statement ZIP code. By entering those numbers as Your electronic signature, you will be agreeing 'a this ?Uih'fl2at an to a IO'++ Ly and 1-o bank to deduct each payment you outhorize Pram your pans; account, and to ,vitiate debit ct credit entriss to you bank account. as applicable, to correct an error in the processing of svch pnvne^t. You must ell us the amount of each payment at you car select an amount such as the Minimum Payment Due or this New Balance or each statement 'roe con cancel a p-,nent; 'however we must receive notice a' iI i three business days In advance of rite scheduled po •r---eni You -Any note, es by onono at 1-800.347.2683 or by n;cil at the address listed in the previous paragraph. ityour payments vary ir, a+noun`„ •,ve will tell you or. each monthly statement when your payment wlil be made and 5ow• much it ".01 b' Your automatic paymenl c-nount may be less than indicated on the monthly statement based on credits or poyn,eris applied during the bilung cycle. Credit Reporting. ',Ve may repon information about your Account to credit bureaus Late payments, missed payments, or other defaulls on your Account may be reflected in ycur credit rsiscn. We normally report the status and payment history of your Account to credit reporting a9er,ciw each month. you believe that our 10 If is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, Wilmington, DE 19850-5316. Please indicate your none, address, home te{eoi?ore number and Account number. '•JOTICd SEE. REVERSE SIDE FOR IMPORTANT INFORMATION ?? DISCOVER h New Balance DI SO K ' Minimum Payment Due; , Account Numbar ending in 8109 $3,097,39 :_-•YL , $413.00 Enter Amount Enclosed Below Payment Due Dale J 1 20 $ anuary , 11 Please make check pcl to Discover Cord. Minimum yyment due includes a post due $ 52 0 Ph d 03 S0SNeA0 IGOP1231 amount a .0 . one an internet x payments must be made by 5:00pm ET for some by oath Eo Xrlessand mak our acco nt JOSEPH RUANE p e y u 133 WESTGATE DR information more secure with password- pprotactedstatementsonlyyoucanaccem. MT HOLLY SPGS PA 17065-2010 Learnmoreatdiscover.comlpaperiess. PO BOX 71084 {{{111{11111{u1 n{{1{11111 CHARLOTTE NC 28272-1084 Addres5, wmail or telephone changeP 1111 r 111111111111111111111 n 1111 11111111111111111111111111111 Go to www.Discaveacam or print change in space above, Opening Date: November A, 2010 • Closing Date; Dec Discover More Card Account Summary Accouni number ending in 8109 Previoua Balance $3,049.32 Payments And Credits 0.00 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Interest Charged + 13.07 Fees .Chha,rge?.e_d + 35.00 NOW Bplgnce 3,097T9 See Interest Charge Calculation section follovaing transactions for detailed APR Information Credit Line $3,200.00 Credit Line Available $000 Cash Advance Credit Line $ 1,600.00 Cash Advance Credit Line Available $0.00 You may be able to avoid Interest Charges, see Additional Important Information for dataih. CaS oC Bonus° Annlverwry Month May Opening Cashback Bonus Balance $ 0.00 New Cashback Bonus This Period + 0,00 Cashback Bonus Balance $ 0.00 Ta in,; n mnm, icq .o a; www.Dis-ver.com ... -1 1 _ r as Payment Information New Balance $3,097.39 Minimum Payment Due' $413.00 Payment Due Dote January 1, 2011 'Includes past due amount of $352.00 Late Payment Warning; If we do not receive your minimum payment by the dote listed above, you may have to pay a late fee of up to $35.00 and your purchase and balance transfer APRs for new iansactions may be increased up to the Penalty APR of 20.99% variable, Minimum Payment Warning: Ir you make only the minimum payment eoch period, you will pay more in interest and it will take you longer to pay off your balance. For example: qs? 'i?rr, ? sv-?; ,5{?y1}ri.' t?(s 1 ' An i ate( 1 s x ? ? sa?' O ? ^ I) ??p? y to . ;. 1, 4,YfF ?e?i?Sttakn; . Only the minimum 13 years $4,303 payment If you would like Information about credit counseling services call 1.800.347.1 121. 3 Easy Ways to Contact Us Manage Your Account Online at www.Discovor.com Access your account securely of www,Discover,com Access hoe online tools hke Pa down Pianner to create a plan 2 Call 1-800 DISCOVER (I •600.347.2o83j to pay down your balance, securely access statements, pa please have your Discoveru* card ava' able, bi.Ils on(ins and easily frock oil transocrons ?. Write lo us at Discover PO Bo.x 30943: Sate Lake City, UT 841 0 IN& a payment address) .Make your money worth more",'-find easy ways ro aun and redeem cash awards For oaymenls, o!ecse send b address an remittance or ,ccver, PO Box &103, Corot Stream, IL 60197.6103 NEW! Access your account -ecureiy Through your For TDD y'Tetocommunleafions Device For the Deaf1, maLtie phone assworice, olease call 4.800.347.7449. Transactions Trans. Peat Date Date Fees Doc 1 Dec i LATE FEE. $, 35.00 TOTAL FEES FOR THIS PERIOD 35,00 Interest Charged INTEREST CHARGE ON PURCHASES $ 4 48 !NTEREST CHARGE ON CASH ADVANCES 000 INTEREST CHARGE ON BALANCE TRANSFERS 8 59 NOTICE SEE REVERSE SIDE FOR fMPOVANT INFORMATION DISCOVER C `??n D ISC?;.? 1?. a p,ys to JOSEPH umber Account number ending In 8104 e+ page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual Interest rate an your account Current Billing Period: 30 days TYPE OF BALANCE ANNU AL E RCENTAGE BALANCE SUBJECT TO INTEREST CHARGE R (A INTEREST RATE Purchases' 07/23/2010 and ahor 15.99% V $137.48 $1.81 07/22/2010 and prior 10.99% V $295.87 $2.67 Cash Advances 23.99% $0 $0 Balance Transfers 3.99% $2,622.28 $8.59 V . Vona le Rare Dotes apply to non-promotional purchases and to expired promotions with start dales within the specified data range Additional Important Information See your Cordmsmber Agreement. Your Cordmember Agreement contains ail the terms of your Account. Lost or stolen cards. Report immediatelyl Calf 1.800.347-2683. What To Do tf You Think You Fired A Mistake On Your Statement if you think there is an error on your statement, write to us of: Dicccl PO Box 30421, Salt Lake City, UT 84130-042). In your (otter, give us the following information, Account;'nformation: Your name and account number. Dollar amount: The dollar omounf of the suspected error. • Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake You most contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors In writing. You may coil us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question, Whiffs we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we :determine that we made a mistake, you will not have to pay the amount in question at any interest or other fees related to that ama,,N. While you do not have to pay the amount in question, you are responsible for the remainder of your balance We can apply ary unpaid amount against your credit limit. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissolilihod with the goods at, services that you have purchased with your credit cord, and you have tried in good faith to correct the problem with the merchant, you may hove the right not to pay the remaining amount due an the purchase. To use this right, all of the following must be here: Tire purchase must have been made in your home state or within 100 miles of your current mailing address, and die purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was bosed on an advertisement we mailed to you or if we own the company'fhat sold you tiro goods or services.( 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a elsack that accesses your credit card account do not qualify. 3. You ml not yet hove fully paid for the purchase. if ail of the criteria above are met and you are still dissatisfied with die purchase, ccntoc! us in writing at Discover, PO Box 30945, Sait Lake City, UT 8 4 1 30-0945 While we investigate the same rubs apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you awe an amount and you do not pay we may report you as delinquent. Payments. Send only your payment and the top portion of this statement In the envelope provided. Do not send cash. By sending our check as described above, you authorize us to tine information on your check to make an electronic fund transfer I ism your account at the financial Institution indicated on your check or to process the payment as a check lransaction. if 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 elechonic fund transfer, funds may be withdrawn from your account as soon as the same day vve receive your payment, and you will not receive your check back froin your financial institution. The processing of your payment may be delayed if you send cash, correspondence or other items with your payment, if you send the payment to any other address or if you use an envelope other than the one provided. Payments received In propar form a1 air processing facility by 5RA local time on any day will be credited to your Account as of that dov. Payments received of our processing facility after 5PM local lime will 6e credited to your .Accoun! as of the next day. If you have misplaced your envelope, send your payment to Discover, PO box 6103, Carol Stroom, IL 601 97-6 1 03. Please allow .' 10 days for delivery. i1 your payment is relurned unpaid, we reserve the right to resubmit if as on electronic debit. You can LL? o?y your m?nitl paymanl or a greater amount over the telephone, and you can set up automatic payments Call Cs at 1,800.347.2o83. You will need this statement and your bank occounl information, You must ensure that sufficient funds are avoilabie In your bank account, end all ironsochcns must tamely with U.S. law. You will be asked to provide this first 5 digits of your account statement ZIP code. By entering those numbers as yyour electronic signature, you will be agreeing to this aulhorizatlan ro allow us and your bank to deduct each payment you authorize from Your bank account, and to initiate debit ar credit entries to our bank account, as oppflcable, to call an error in the processing of such paYment. You must rep us the omour.l of eactr payment or you can so act an amount such as the ,4minimum Payment Due or the IveW Balance on each statement You can cancel a payment; hoWerer we must receive notice at least Iii business days in advance of the scheduled eovneni. You racy l us by phone at 1.800.347.2663 or by marl at the address listed in the :evious ooragrccl+: if your aaytnents van •.r. an+aun!; we will tall you on each monthly statement when yourppaymen?wi}1 be made and fgev> mach it .vf,t. Le. Your auromotic payment omounl may be less thon ndicated on the monthly statement based on credits or poymonts opp(ied during the bating cyc':e. Credit Reporting. Vv'a may rol information about your Account to credit bureaus. Leto payments, missed payments. at other defaults an your Account may be reflected in your credit report. We normally report the status and payment history of your Account io crodil reporting agencies sash month. If you believe that our report is inaccurate or incomplete, please write us at the following address: Discover, PO Box 15316, V• ilmmgton, DE 19850-,)316. Please indicate your roman address, home telephone number and 4,ccal number. htOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISC51 R eau ; xiae" •! •l. { •? (215) 576.1900 January 14, 2012 Mr. Joseph P. Ruane 133 Westgate Drive Mount Holly Springs, PA 17065 RE: Discover Bank v. Joseph P. Ruane Court of Common Pleas, Cumberland County No. 11-4)53 Dear Mr, Ruane: Enclosed please find Plaintiffs Requests for Admissions and Interrogatories with Exhibits. Please respond pursuant to the Rules of Court. Please note that the Exhibits, which are business records, are intended to be submitted at any Arbitration and/or Trial, pursuant to Pa.R.C.P. #1305. Please be guided accordingly. in X. Grimes FXG/kd Enclosure THIS COMMUNICATION IS FROM A DEBT COLLECTOR. T1-.11:S,I:S AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. STOCK & GRIMES, LLP By: FRANCIS X. GRIMES, ESQUIRE I.D. N0.:62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney For Plaintiffs DISCOVER BANK Plaintiff . COURT OF COMMON PLEAS CUMBERLAND COUNTY V. JOSEPH P. RUANE Defendant NO. 11-4953 CIVIL ACTION PLAINTIFF'S REQUEST FOR ADMISSIONS AND INTERROGATORIES DIRECTED TO DEFENDANT Pursuant to Pa.R.C.P No. 4014, Plaintiff, through its counsel, hereby requests that Defendants make the following admissions within thirty days after service, for the purposes of this action and subject to all pertinent objections to relevancy which may be interposed at the trial of this case. ATTACHED EXHIBITS Exhibit "A" attached hereto are copies of the Discover monthly statements for account -8109 for the period June 3, 2009 through December 3, 2010. Exhibit "B" attached hereto is a copy of Defendant's executed application for 8109. Exhibit "C" attached hereto is copy of the Cardmember Agreement for Defendant's Discover credit card. ADMISSIONS AND INTERROGATORIES Exhibit "A" are true and correct copies of the Discover Bank monthly statements for account -8109 for the period June 3, 2009 through December 3, 2010. If the Defendant denies that Exhibit "A" are true and correct copies of the Discover Bank monthly statements as alleged, provide a full and complete basis for the Defendant's denial? 2. Exhibit "C" is a true and correct copy of the Cardmember Agreement for Defendant's Discover Bank credit card. If the Defendant denies that Exhibit "C" is a true and correct copy as alleged, provide a full and complete basis for the Defendant's denial? 3. Defendant received on a monthly basis the Discover Bank monthly statements for his account which are attached as Exhibit "A". If Defendant denies receiving any of the monthly statements identify the statements which were not received and what the Defendant did, if anything. 4. Defendant made or authorized the purebase(s)/charge(s) reflected on the Discover Bank monthly statements attached hereto as Exhibit "A". if Defendant denies making or authorizing any of the purchase(s)/charge(s), identify the purchases/charges and the monthly statements reflecting the unauthorized purchases/charges and explain in full and complete detail what, if anything, Defendant did upon learning of the unauthorized purchases/charges. 5. Defendant executed the cardmember application attached hereto as Exhibit "B". If Defendant denies executing the cardmember application, identify who executed the application. 6. Defendant agreed to the terms and conditions of the Cardmember Agreement attached hereto and marked Exhibit "C". If Defendant denies agreeing to the terms and conditions of the Cardmember Agreement, explain in full and complete detail what, if anything, Defendant did to communicate his/her unwillingness to agree to the terms and conditions of the Cardmember Agreement. 7. The Defendant made or authorized all of the payments and/or credits reflected on Exhibit "A". If the Defendant denies making all of the payments and/or credits, explain in full and complete detail what payments and/or credits he did make or authorize and which payments and/or credits he/she did not make or authorize. The Defendant(s) have not disputed any of the charges in writing within sixty (60) days of receipt of the monthly cardmember statements as required pursuant to the Fair Credit Billing Act ("FCBA"), an amendment to the Truth In Lending Act ("T1LA"), 15 U.S.C. § 1601. 9. Defendant's balance owed to Discover Bank on December 3, 2010 was $3,097.39, which was accruing interest at the default rate of 15.99% for Purchases 07/23/2010 and after, 10.99% for Purchases 07/22/2010 and prior and 3.99% for Balance Transfers. If the Defendant denies his/her balance and/or accruing interest rate, then identify any and all inaccuracies and provide any/all documentation supporting Defendant's denial. STOCK G MES, LLP DATE; BY: FRA IS X. GRIMES, ESQUIRE Atto ev for Plaintiff CERTIFICATE _41~' SERVICE 1 hereby certify that I have served a true and correct copy of Plaintiff's Request For Admissions and Interrogatories on the date indicated below to all parties or their attorneys of record. by: X regular first class mail certified mail other DATE: k,?- STOCK & aRIM4, LLP BY: FRANC X. GRIMES, ESQUIRE Attorn for Plaintiff hereby VERIFIES and SAYS that he/she is the Defendant in the within action; and that the responses to Plaintiff's Request For Admissions are true and correct to the best of his/her knowledge, information and belief. I understand that the statements made herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. EXHIBIT "A" DISCOVER New Rntx+ca Minimum Poymant Due Acccvnt Number ending in 8109 53,137.02 S`3.00 Enter Amount Ennclov l Wow Poymsoi One Dare s { -? Jun 22, 20000 Pleas wake dt•ak p to Discover Cmd or pay *** • DI CM. 03 SDSNWI 0001213 JOSEPH RUANE 133 WESTGATE DR HT HOLLY SPOS PA 17065-2010 Addrem, e-mail or telephone changef hire charge in space above, or go b Discover,wm. Print your e4 noil addnK to naive imporiont Account inicrmdion and special alien. Go psoul M VA d mete pxr stmm" Infonlrklerl INMre Beare V& pslsrrerd- ?1a?eebd tbtMrAft"you on woo. LgYe 11 mm d dM@MW Mr*APW SC PO SOX 71084 Illenlleuliuusllslruli CHARLOTTE NC 28272-1084 irel,lleelrrelelleeeln,Iritenllllerrlnnlreleellerlreleeieinnil 000001986463473589130031370200000000006aUD Discover More Card Account Summary Closing Dab: June 3, 2004 Page I of 1 Account numbw anding in 8100 Previous Balaets $0.00 Payment Der DaN June 28, 2009 Payment And Credits 0.00 Minlmwm Payment Due $69.00 pwdwses + 0,00 Credit Lim" $3,200.00 Cash Advances « 0.00 Credit Available $62•00 galance Transfers + 3,040,00 Cash Credit limit $1,600.00 Ilinorncs t9r pen + 97.02 ' Cash Credit Available $62.00 Nsw ?alanee 3,13 7.02 You may bs able to avoid Periadle Finance Charges, we the revww side far derails. Cahbo& Bonus" C906ock •8onu0 Armies wy MoNh: May Keep lxnldlng your few" with every xrehassi. Skit .A .A B mdemIng once you reach Opening Go Il - -1 kilomo 0.00 New Cashbock BonuuoThis Period $ --0,00 Caehbco Bonus &Ikmcs S 0100 1. Visit ru ., fAM 10 PW yew bll Ter M C04 ViMN How Can We Help You? bled Amount leb matbn. earn and sedan =and mare It's your choice - 3 ways to IWp 2. Call 140041 scoveu 17s61>is! fm fat, emy u9sorviae fMaose have your Discover Gard available, clAom or to speck with a Customer Service M murif Manager Par TDO a your ee for 3, Writs us d Discover Card, PO Box 30943, having impaired) we reuse aids Sah Lake City, UT IA 130 TmnsaCfims $0 Fraud UabiWy Gtrlratbe Use your Dlseom Card with confidence. TO Mile Mlsrlee Tevmsbn May 18 May 18 CAPITAL ONE V000007000IX888I PE NC f 3,040.00 APR 3.99% D MRES 04/2013 May 18 May 18 BAl. TRANS TRANSAMON FEE FINANCE CHARGE 91,20 Finance Charge Summary DAgM?yage ?Sd w Dog Was Hai Nominal ANNUAL Transaction F QUM tun" billing period; 2$ days - Purchases $0 0.00000% 0.00% F 0,00% $0 $0 Cash Advances so 0.00573% 23.99% F 23.99% $0 $0 BalanceTrons6rs $2131.07 0,01043% 9.94X. F 38,29% $5,82 $91.20 The rata that apply to your Account eve ohhw fixed n a they may very M as neled above. $aw time, Pay your big online. IN easy, convwtkw, mme atd Inn- Just Ing in or register at Rn Account Grew on Discover.cem and yaw payini will bs posted On same business day - up to 5 pm Eastern time. GNew Bolam;e DISCOVER $3,602.23 M"" Paymem Duo l $627 Account Number aiding m 01 UY Enter Amount Enclose dbelow - P eel D. Dahr ' } S ?? I 2009 Phase mpke alrck payable to Discover Card or pay oalnni. d Discownmrd,cam. 03 S136wat 0001214 JOSEPH RUAHE aooMst Mw* "dn?0sl'0a 133 bIEST6ATE DR HT HOLLY 50103 P 70 IW iprYra°?r"sYbln " M0? with ?sard Boons. twmmorasts0c ir Np lI A 1 65-2010 s. ovv zor PO BOX 71064 CHARLOTTE NC 20272-1084 Address,wnaior lslspYamchorW1Print ckwgain space above, or go to Discover,cam. hint your eemoi adbass io reaave imperlont Account inlarmalion and special An. 000001986453473589130030822500065000006200 Discover More Card Account Summary Closing Dats1 July 3, 2009 Pepe 1 of 1 Aaaoual num6a endlnp In 8109 Pr.vlous ldana $3,137.02 Paymerd pun pots My 29. 2004 Payments And Cr dh 65.00 Minimum Pamew D. $62.00 Purahmn f 0.00 Credit Um0 $3200.00 Cash Advances ? 0.00 Credit Avoila6k $117,00 Balance TtU Mn t 0.00 Cash CreditUmit $1,600.00 Fwwne *ARM ? 10.23 Cosh Credit Available $117.00 New Balance SA 92.25 You may be able to avoid Periodic Finance Owar", we tbo reverse We For cloak Coshback Bonus;` CashlxWk Bomne Annhwvasy kamth; tray pKeep building your rewords with e1" rY 320 fv Caslnk Bonus(R) once you Much 0.00 Now Cg Cosahback hbac Boknus TMBonuss PwW Balanes $ r 0. New 00 Cahbo& Bonus Wow $ 0,00 How Can We Help You? i. ? munlimtan?m- mn?OWhmldeaa"tiri"4 W;dmore bit your choke - 3 ways to 2. Cog 14MDI XXM (347.2663) for AW, my "service 043 Amount MeneBer Please haw your Discover Cord ps- `oble. 3 °P mite ? or at to so C ud, f0 b" ox a Gd 9094$, For Top ?dO"ca 'Or i? NO re'ars" ' Solt Lake City, iiJ UT 8 8 ?? k"Pa 4130 130 Transactions $D Fraud UaWlily Guormlen Use your Discover CaKI with eanhdenae. trr `O PayrswNs essd Credits Jun 26 Jun 26 PAYMENT -THANK YOU $ ,65,00 Information for You Eam 5 •rr Cashback 8onws (ram raw through Seprmber on Gas, tiosals, Ti,.es. p'ada,-2oot nsnd'Bookstwar on up to $300 In purchases. Stan up now at Dbcower,com or &A 1.800.DISCOYER (1.600.387-2693). finance Charge Summary A b ' 0144LIAL Transodian . oilly PAM e - ! F - currenl nl billing periai: 30 cloys Purdwsss $0 0.00000% 0.00% F 0.00% $0 $0 Cash Advances $0 0.06573% 23.00'8. F 23.99% 30 $0 FidanceTronslers $3124.64 0,01093% 3.94% F 399% $10.23 $0 The rats Yid apply to your Accoad ore either Fund (F) or illy envy wary (V) as nerd above. Fab kishloru btedcdchsp Ow beak; chap bodwesidoai tdse Yraph our miust a odirw uhepp 4 Mb ShepDbcwArWAjI Earn 5% 1* ZO% Casiibad 0anu4R) dyour kswarR. settee rvMNas Iilu Gap, tnmds' End, JCP and many mare. Visit Dlscover.com/slop bdoyl Now balance I Minimum Peyin"t D,re DISCOVER Account Numbor ending in 8109 $3,027.63 1561.00 Enter Amount Enclosed Wow Payment We Dale $ A oust 29, 2x09 Phase cfteek P ro Dacow Card or Pay on Ina a Dbcavwoard.com. 03 Sf19N 0001215 JOSEPH RU RUANE Co PaP? WW m" W scooted InTsrrtaflonmmesicrewdhpanowd- 133 VESTOATE DR KT HOLLY SPOS PA 170 - propeeqd 101- a"ya„oanscom. LeammorsatdiseovercoW o erMsr: 65 2010 p p . PO BO X 71904 1111rrlltsrlltuta118110.11 CHARL OTTE NC 26272-1084 Address, e-mail ork6phoneohangaPrim ehtrgsln$pace lulrllu? rulrllurliilrlurlll{ur{ulrrlnllulrr1n1r1u?1 above, or go to Diseaverx". PM your aeell oddrm to receive imporlant Atea rt idawat1w and speelal a4m. OUDD01986453473589130030276300065000006100 Discover More Card Account Summary C%Wng Oats: August 3, 2009 page 1 6f I Account number ending in 8109 Prwi9w Ralanca $3.082.25 Poymea Due Doe August 29. 29W Paynunit And Credits 05,00 Minimum Paymwd Ow $61,00 Purchase 0.00 Credit limit $3,200.00 Cash Advances + 0.00 Credit Avatlab6 $172,60 Be" Trans6rs . 0.00 Cash Credit limit $1,600.00 Fieanoe tDrarges + 10.39 Cash Credit Available $172.00 New Ba6ncs --- $3,0 ,63 You may be able to avoid Periodic Finance Charges, see the reverse side for details. Goshback 6o?ws• Opening Cash back Borws gabnc. s 0.00 New Cadrbaeh Boma This Period + 0.00 Cwh6ack Bonus Balance $ 0.00 Cashbaek Bonuses Aeniva ry Math! May Keep building your rewords wilh every V ". Sw Wiling once yarn r ash How Can We Help You? ' It's your choice - 3 ways to help 2. Cali 1-111104OISC0VER 472603) 6r 6*, easy seM.rwke Please have your DW&m Card aval661e. opu m or b speak with o Customer Swvip Accaud Manager for TDp lassidorrea for hearinrm r" sea reverse side 3. Write us It Discover Card, PO Box 30943, 8 pa $4 Lake City, UT 84130 Transactions $0 Fraud LWMky GUMMI a Use your Discover Card wdh eonlidenee. TrML Pea Date D4" Payeseah Wd owlw M26 U26 PAYMENT. THANK YOU $ .65.00 Information For You This month; Ihe•ksoherod fashbeek Baws(R) Redemption Partner is gold Both & Rayon lP). Redemn $20 Cm 6cx:k Banvs fw o $25 Bed Bath & Beyond I& card. Finance Charge Summary ntorninol rreeaaer;an Dame Bra is A6'if t?11GE Fes-, current billing period; 31 days Pvrettasee t0 0.000w% 0,00% F 0.00% $0 SO Cash Advances 40 0.06573% 23.99% f 23.99% $0 $0 8aIGIVA i anifes $3068.42 0.01093% 3.99% F 3."% $10.38 $0 The rates Ihal apply to your Account are enter fixed M or they may vary M as noted above. New Bolonoe 1 Minimum Pannent Do DISCOVER $2,972,84 ; S60.00 Payment Due Dale Sepbnier 28, 2009 03 3DOW01 0001216 JOSEPH RUANE 133 MESTWE DR NT HDLLY S1F6S PA 17065-2010 Account Number ending in 81 OV L•ntr Amauro Enclosed Below $ F6ase make cluck payable b Oiscawr Cwd or pay onkne a Oiscovercard.wm, Go peperkaa and rtlalm yatrr scorn rd htorwAon menseemavA It pmwrmo. lsemeleeled I1 -SMe *nly you w aooeee, more at dhmxww.eonvpep I .l .9. PO SOX 71084 (ltr.rllurllsssollslw CHARLOTTE HC 28272-1064 Address. e-mall«telephaft dw; Is chow in spore I„Irlir,I,rrirllrr,I„Irl,,,illlrr,l,rlr,trrll,rl,rl„I,Ir,ll above. or go to Dlscover.com. Print your e4nall addrai 10 NaM Impaeont AeeaW Wormatlon and µweid oilers. 000001986453473589130029728400065000006000 Discover More Card Acmnt Summary Cladmi; aae: sep.m1r 3.2009 P%R 1 d 1 Aeeaud number ending in 8109 Prwiaw Balance $3,027.63 Paymerd Dve Date SepNrabor 20, 2009 Payments And Credih 65.00 Minimum Payment Due $60,00 Putehmes + 0.00 Credi Umit $3,200.00 Cab Adranus • 0.00 Credi A,,.i6b6 $127,00 Balam:e Transfix. + 0.00 Cash Credo limit $1,600.00 141 tysarres + 10,21 Cash Credit Avolabl. $227,00 New Balance 2,972.84 You may yb e to Id Periodic Finance Charya, we the 1m for Call6badr Boom" opmhv Cdhilma B"a Balance f 0100 New Cwhback boos This Period 0 OA Cashbaek baaas adore. $ 0,00 Cashbook torus Anniversary Month: May Keep building your rewa ds wih every daomkg ono you reach so. Slit n e S20 Cs Flow Can We Wei You? P 1. vlei tKeeairere..r b ya. w hraaeeet, view yew? lerw A t, k d + It's your clyeiict: - 3 ways to heip ce.v" ra ert,t,..n?.n ?. .«a,re,.ele,na men. 2. Cat 1-eooatscoOM 170-20" for fat 4my Wkwyiq ? please hays yaw Discover Cad ovall"* ' AaeoOtd Manager as at at to i Diseseve& 0 GUr PO box ox 300943913 3. WWrale r Car d For TDD prance for hearktd Impalredl we rereree side las+ , , , Salr to,. City, ur IA t 30 Transactions $0 Frlnrd liabiliyr Gw mrloo Use your Discover Conn with confidence. 1111101 46 Bob Delp Payment; seed Credtrs Aug 27 Aug 27 PAYMENT • THANK YOU $ 4S.00 Information For You Erma 16 Papers." Slaemn MS tar yvwr dance 16 win big. Go poperMa and you can win up to $15,000 until town moo of Discovw.wm/swwpdokvs. Finann Charge Summary Average Dai ?? Nominal Transac ion ANNUAL P F A? Csrr,erd Ugirrg period: 31 days Pardwra $0 0.00000% 0.00% P 0.00% f0 $0 Cash Advances $0 0.065737. 23,99% F 23.99% $0 $0 Baksnee Tta sshrs $3015.51 0,01093% 3,99'1 F 3.99% $10.71 $0 The rates $rat apply to your Account are el*w limed (Fl or 6"Y may vary M m noted above. New Balance Minimum Payment Due Arrrnym Number ending in 81 D9 DISCOVER 52,41TS3 l $59.00 Enter Amount EwM oted Below Payament Out Dan $ Weber 29, 2000 Please make deck poyoble to Disco~ Cord or pay aline O Disawercerd.cam. o3 SDSNwl 000121 t;o GiiODU ss end Iruahs JOSEPH RUANE Inlarnsllmwamsomwwop0 rck 133 WESTGATE DR preW" s4MarA tb ow YOU acre acoess, MY HOLLY SPBS PA 17065-2010 l arnMoreatdIsaeveroarsrysepalees, PO BOX 71084 11111111 tell CHARLOTTE NC 28272-1084 Address. •melfor Mepheneehegahint d..rinsp. above, at go so Disemwxan. Print your eweoiil address to jnlrllulsultlltulnltlutllllinlpill lnllulnlnltlnll receive im xwkmt Account inlamdion and specipl oilers. 00000198645473589130029175300065000005900 Discover More Card Account Summary Cbsing Deb: Odebw 3, 2009 Poo. 1 of I Aoootml number ending in 8109 Previous Balance S2,972.a4 Paymeat D. Date Oclak- 24, 2009 Peymeats And Credit 65.00 Minimum Payment Due $59.00 PurcMws + 0.00 Credit limit 531200,04 Cash Adrarces • 0.00 Credit Avnsiktble $262.00 Balance Trane6ri + 0.00 Cash Credit um# $1,400,00 r rrep, GMnlyes . 9,09 Cash Credw Available $282.00 You may be able lo avoid Periodic Finance ChwW. see the reveres side for details. Cashback Bowe Opening CoJ*oi;k sanus WorKe $ 0100 New Cosrnbaek Borers This Period + 0.00 Ceshbock Bonus Blanes $ 0100 Coilubock 8onuvP Annrvwmvy . . Mach: May Keep building your rewards with every schoC w. 31ork k redeeming owe ? you realm • Wow Can We He! You? 1. visttwMlser IOPWV W?ee sry9«r,,yl«,ryow p told ==own. eom ad redeern noels and mere It's your choice - 3 ways to hale 2. Cal 1.800=0VEF ps,17•2"81 lier W. ecer wherv;oe Places have year Discover Card a milobla, options or p speak w' a Customer Service Aocoert Manager For TDO IwsWonce kv hearing impairyo we reverse side 3. Wrile us at Dlsemw Card, PO Bax 30943, Sall L.6 City, UT 84130 Transactions $0 Frond UabWly Gnaranbe Use your Discover Card with cadtdence. Daft no& T"06" Peryinen" and r rWb Sep 25 SFeel ep 25 PAYMENT - THANK YOU $ .45,00 Information For You Emall in Papwiess SwemeMs for your eharwv to van big. Go pap*4m and you can win up to $15,000 cwhl tam more at Discover.com/sweepstakes. Finance Charge Summary Avwesr 9?alaocos Dilly Rates- Fiamind R? Periodic yF 8 _ F current billing period: 30 days Purchoses $0 0.00000% 0.00% F 0.00% 50 SO Cash Advances so 0,06579% 23.99% r 23109% 50 to Balance Tnsnsiees $2958.04 0.01093% 3.99% F 3,99% $9.69 $0 The toles 00 apply to your Acnoud ore While fixed (9 aP they may vary iv) as road above. New l4aVance Minimum Payment UL M. s2ae7.3e , ssaao Paymnsnt Due Desk Nevwnbw 26.2089 u3 SDSNWI (I M12111 JOSEPH NUAME 133 WESTGATE DR MT MOLLY SPBS PA 17065-ZO10 Account Number ending in 61 UY Enter Amfxfm Enclosed % Jaw Pleoae make check pay** to Discover Card or pay omits a Discwen ard.com, tmn men some *ft 0"W ltl- pret MalenMrtk only You fart MQMf, l Hare at a1s¢over aot1110"P em. Po box 71084 Illllfllrllllllrlrllllrrr CHARLOTTE NC 281272-1084 Addrm, o•maY at colophon ch an$4 Prid charge in spoor above, or ga to Discovermwn. Pont your WMA addre" b it 11111111111111111111111111t111111111111111111111111111111111 receive Ynporlod Accounf inFgmvuHon and "kd afters, 000001486453473569130026673800060000005800 r>r Discover Mom Card Account Summary C6zing DaM. November 3, 2M9 r"6a 1 of 2 Account number ending in 8109 I'tsmaus bdk inco $2,017,53 Payment Due Dale November 28, 2009 Payments And Coe" 60.00 MMnimurm Payment Due $58.00 Purcitem + 0.00 Cade lima $3,200,00 Ca/h Advdncel 0.00 Credl[ Avalloble $332.00 Balance Transfers + 0.00 Cash CreditUmit $1,600.00 Fii"lls<$la + 9.85 Cash Credo Avada6le $331.00 New e - 52, 69.34 You may be able io avoid Periodk Flnanee Charges, "0 Ifs revere side for details. bpi 6onu>' aPen"t:dshboak sorts Balance $ 0.00 New C Albwk bonus This Period * 0-00 Cashbook Bo--* Atwvwtcq Month: May CashbadtIbimus Manse i 0100 ?I?++?? 1, Ysb gMsalw.alrl to PW Yom' Ili ra 11e 09% view yaw hit?W Can We Help You? k" Aac&A 1 tionvid wrp end edwe IwwmvY and ma+ It's your choice - 3 ways to help 2. Col 1-BOO-Wco"t 0-16631 ior A*,.gey "WomVice flea:. haw your Discover Card available. covens or to spook vim a Cu*mer Sftrvfee Al:coerlt Manua 3. Wft us d Discover Cord, Po Box 30943, For TDD (=dance for hewing impdi"1f) sire rover" side Sol bb Gty, UT 84130 Transactions $0 Fraud (,ielWf Ca M*o Ua Your Dtseover Card wish confidence. Tre., Fees Peyln" fold Crum od 2$ act 16 PAYMENT- THANK YOU s .60.00 Information For You This month, ow fanwred Cad back BanuslR) Redemption Partner is sod Both d 8eygn0), Redeem $20 Carhback Bonvs far a $25 Bad Bark a Beyond gilt card, Finance Charge Summary NflfnlrYal ANNUAL Periodic 'F °sO?On BacirwAn Rok ?._ AGE Qf_ current bilirg period: 31 days Pur6bw $9 0,03011% 10.99% V 10.99% $0 $0 Cash Advances 10 0.06573% 23.99% F 23.40%, $0 s0 Balarla Trarsfen 42948.75 0,01093% 3.99% F 3.99% $9.85 40 The roes Ow apply to your Ao ww we either fixed F) or ttuy may vwy (V) = noted obaw. Grew hdiday savings are ) 4 a dick away[ Earn 5% to 20% Carhbark gwm*l evay dry a over 150 top r WAM like Sean, BeslBuy.com, and [ands' End through our exclusive onlin shopping mall, Sb*DfaoaarfSM). Just vok Discow,corrilshop Wlayl 1 Cl-t D-ft lO,fPli RUANE ?ovambsr 3 2009 ?ca"^I numkw ending in 8109 DISCOVER pa0e 2 of 2 Cashback Bonus ® Award Summary Cashback Bonus Anniversary Dale: May 3 B?aw Previous Cashback Bonus Award Balance $ 0.00 Purchase Award This Period 0.00 as c Bonus Award Total 0.M Cashback Bonus Award Balance Award Available to Redeem 0.00 0.00 pair Opply b IM Caahbock Bonus Pvlr?r oMn WN? .crn cal 1./CO40WVER 114MU7.2698) k. drail?. Fv p?ogran ddoil?. w t. Nhf>9GC 8aw+ hopron T?rme and atdtllom. Now BoianCe 1 MMinlUm lby merV 111 Account Number ending in 8 MY DISCOVER $3,131.74 , $43,00 Enter Amount Etched Blow Paymerht Du. Dane $ DS"WJW 29' 2W9 Pillow make chick poro6M u Diicov« Card or o pay OnIIM Diseeveroard.eem. 02 SDStc6M i 61M NI JOSEPH RUANE 30 peptgq Ism trp1lat %?eount IMarrnedenBea0OWA ewMpuewonl- 133 WEST13ATE OR socea HT HOLLY SPOS PA 17065-2010 Larnm*i;stM,W4W,ca pWrWe& PO POX 71084 11111111644 1111141111111 Dell CHARLOTTE NC 28272-1084 Addrss,emailor ?.wphonotOwnrtPrint clia"9'in spvice lulrllulnslrllnrlultlntllllarlulhrlrrlluluLdrLdl obpve, w go b Discover cam, Prirll your smolt cddna fo naive impcrlartt Aeaowtt inforl mkii and special offers. 000001986453473589130031317400060000006300 Discover Moro Card Account Summary C6&9 Dab: Downitbr 3, 2004 page I of 1 Aaaplep mtmbx ending in 8109 Preview Ba{onee $2,867.38 PaymM Due Do% Dwer" 29, 2000 Payments And Credits - 60.00 Minimum Patmhent Duo $63,00 Pwolwsa + 0.00 Credit Litnit $3,200.00 Cash Advenas • 0.00 Credit Available $611.00 Balance Tronsfin + 300,00 Cash Credit Until 51,600.00 FtrmN chorlK • 24.36 Coati Credit Available 11i"m New Ba6nacap =3,131.74 Yau may be able to avoid Periodic Finance Chow, see the trvra side for details. Cath6odc Bolwee Cpenirg C9dtbock Italia Balance S 0.00 New Cashbook Bonus This Period + 0.00 Couhbodc lame Bala?te S 0,00 Cashbook Banu* Armlverwry M04; May Keep building yaw rewards with every Wdow. *r mnvv am yet reolo How Can We Het You? P 1. Wit 11, Psver an Be py ym Its fw a ant, View yyour Labs Auaunt infeeeratien, 4"0 stand nd"m rewards- mane It's your choke - 3 ways to 61P 2. Cal 1400 DISCOVER (347-26431 For far vary W Pavlov Please haw your Ciscawr Card avvil". spateak uMoresir vice Wripm or to with a C $ AemuN Manager For TDD (wsislatce for Marin9 ' impaired) sw reverse side A3, sco C O kw w 9 0943, . Writs d tyi Ul 8, PO B 3 or d Sol Lak ke City, UT 84130 Transactions $0 Fraud Uobility Guawke Use your Dlscowr Cord with oonfidena. Tfw, her 04" Ode Faynhed. and C»d8s Nov 27 Nov 27 PAYMENT . THANK YOU f .60.00 Bel um Trenshn Nov 10 Nov 10 BALANCE TRANSFER CHECK 0304 300.00 APR 0.00% EXPIRES 03/2010 Nov 10 Nov 10 BAi TRANS TRANSACTION FEE FINANCE CHARGE 15,00 Finance Charge Summary Nominal ANNUAL ? 1r1o ? ? hddM_ ..? L11flB? current billing priori: 30 days Purdrosa 50 0.03011% 10,99% V 10.99% $0 $0 Cash Advancer $0 0.06573% 23,99% F 23.9971 50 $0 Balance Tranrfen $252.00 0100000% 0.00% F 40,00% $0 $15.00 Bolarree Trondrs $2857.41 0,01093% 3.94% F 3,49% $9.36 $0 The roles *ad apply 16 ye,u Account me eiAw Roved (F) or they may very m as noted vbow- crew holiday savings are jwt v dick awayi Earn 5% to 20% Cwhback Barweltl every day at over 150 4 rotvllrs like Sean, ButBsy,com, and Luhb' End tht"O our exclusive online shopping mall, er1m1. Just visit Disoaw,cvm/shop lodoyl New balance Minimum Payment Duo Account Number ending in B 109 DISCOVER $3,076.26 $62.00 Enter Amount Enclosed Below Pem Due Dow $ 1--? 1, 2010 Pl.ar. nrvl:s duck PaY°t 1o Discover Card or ' Pay online Discawrcvd.com. 08 SDSNWI 0001M JOSEPH RUANE 133 WESTGATE DR MT HOLLY SPGS PA 17065-2010 Address, e-mail or Mepharm dratgd Prk* chimp in space above, or go to Discover com, Print your e-mail address 10 roost" important Account inlormarion orrd spacial a0ers. C,o peporMas and make your wootrd infarmhan roars sate vd81 pMSwar? mckedeW only you can icom. artt more M ascow."Wpo"tk", PO BOX 71084 Illusllusllunrll.lurtl CHARLOTTE HC 28272-3004 Irnlnllulunlnllnrlulrln,rllllurlulolnllaln,lalnlnrll 000001966453473589130030762600000000006200 Discover More Card Account Summary Cks ing Dale: JonuaFy 3, 2010 page 1 of 1 Account rwm1w ending in 8109 Previous Bdanca $3,131.74 Payment Des Dote, February 1, 2010 Payments And Credits 45,00 Minimum Payniani Due $62.OD Purchases ? 0,00 Credit limit $31"0410 Cash Advancer + 0100 Credit Ava"le $123.00 Balance Transfers + 0.00 Cash Credit Umb $1.600.00 Ffrrearw &°B" + 9.32 Gash Credit Avaikble $123.00 TfWfidmce $3,074.26 You may be able to ovoid Periodic Finance Charges, use the reverse side Aar drbib, cashbo& Bonuse Opm" Casl1xick Bantus Balance $ 0.00 New Cash6eck Bones This Period + 0.00 Caabbcs* I MUe Bdance $ 0100 Coshbadc BonuA Anntwrsay Month: May Keep building yaw rewords with e"ry purchase. Stan redeeming once you reach $20 Coshbock Borws(1t1. How Can We Help You? 1' vWed cae ? andFe?dMtn?ewardeand more It's your choice - 3 ways to help 2. Cal 141OO&SCOVER p47,261131 Far fort, vary wlFaevice Please have yaw Discovw Card avplpble, a0ons or to speak with a Cwdomer service Aeaaaw Merman For TDD (assMa ce for hearing impo to we reverse side 3' Writs us al Discover Card, PO Box 90943, Selz lek. City, UT 84130 Tranwctions $0 Fraud UoUrly Gua in u» your Dissever card with conkience, Tees. Pest Dow Deb Paynmm essd 4edid Dee 29 Dee 29 INTERNET PAYh1ENT - THANK YOU $ -65.00 Finance Change Summary p Do pper?,,,, Pleriodie ksd AM /r0E P Fronsacben mAndie current billing period: 31 days I'm4bases $0 0.03011% 10.99% v 10.99% so $0 Cash Advonoas so Bobnce Transfers $312.09 Bakirivs Transisrs $2811,67 0.06573% 0.000001/. 0.01093% 23,99% F 23.99% 0,00% F 0.00% 3.99% F 3.99% $0 $0 s0 $0 $9,52 f0 The rasa d+d apply to your Account ace either Fined 91 or "my may Very NI as eared above. N. Batons I Minimwn Payment Due: DISCOVER 43,020 63 541.00 Account Numbw unding m 0IVY F,ntw Amount Enclosed Below Payment Dun Dohs S Mardu 1, 2010 Pose pa online O www.Discover.com or moks check Pay" b Diwovw. 63 SDi, "01 0001221 GO oweel m wsd rnslst ywx 0000x11 JOSEPH RUANE Inrorgnr+sarrMAMAlrt00PMWWO- 133 WESTSATE DR peiWow 00"MIM any YN 6tn NOW". teem win atdheaweamarpepeslees. MT HOLLY SPGS PA 17665-2010 PC Box 71064 Ili r..Ilr.sll..rrrllTlrrrll CHARLOTTE MC 29212-1094 Address, *-mad or telephone changer It'll 11116111 Go to www.WM~Aees Or Print &OW In space abaft. 000001986453473589130030206300065000006100 Op.aIng Dab. January A, 2010 - dosing Ci d el fvbdsss 1)iscovor Mors Card Account Summary Accafnt number WAIng in 9109 Previous Baknce $3,076.26 Payments And Credit 65.00 Purchosw 0,00 Bolow Transfers + 0.00 Cash Advances + 0,00 Fs -- --1 WYei + 9.37 ORM Faq * + 0100 Now galonte ,025A-3 Sae firKe Charge $urnmwy section (plowing trpnwdionrs fee dslai od APR information CTWA Urn $3,200,00 Credit Ure Avwk14M $179.00 Cash Advance Credit line $1,600.00 Cash Advance Credo Line Avodobis $179.00 You may be o66 m wail Perledle Finance Charges, sea Iho rows side for detaib. 1562 tronmeMan Beall for a dowlprlen of any Foos 46arged 2010 01aF2 Poyn"t In6 notion Haw Bolates $3,020.63 Minimum Payment Due $61.00 PoWam Dtu Dye Mereh 1, 2010 Iasi twpmA WwrAV If we do ref rte simm your minimum paymm by do deft deed above, you may haw to pay a We fee 9F up to t",00 and your Pwchaee APRs For new trft - -I MS may be lemond up b do DOW APR of 29,99%wTioble, Mmrapo Your Account t WM$ at wwwAiscoveor.=rn online and frock and dew all emwowro simply mid Sans ly MA& your money waA merew-And vary ways b cam and redeem sash rnvodr NEW Accem yswr ouount secwsly+a=# your mobile phone 3 Easy Ways to Contort Us 1, Axe ypw aceaet secuniy err wn.,Di.cavarc.ra 2. Call OQOIS OM (1400.347-2047 Please your Dikvverg Bard Ovalle 3. Wrier M us of Discover PO Bea 309,013, tar k cry, uF - i h0 s C onute Annlwrswy Mash For TOD RdetanmuniaeAior s Davin forth. Deal) May anisiorm, please wl 1.800.7,07-74/9. Opening Cashbadc 69nus 9aiance $ 0.00 New Coshback Bonus This Period + 0100 Casirbr c4 laws 1 ale1l - $ 0.00 Tn 4- erne,1)91n d wwM.WAW*W,am end whir Rewards Transactions Tram. Pod Dye Dab Pal mnhs neat CrWIW Jon 30 Jae 30 PAYMENT. THANK YOU $ -45,00 Finance Charge Summary current billing perind: 31 days aala0all rrrchors Cab Adwnces $0 sslld?ee Tr rAn $300.OD Belae[e Trarnfers $2,770.32 V . Variable Ross q P.L. HAMM 0,03011% 10.0976 V 10.99% $n $0 0.06379% 23.09% 23.99% s0 $0 0.00000% 0100% 0.00% $0 $0 0.01093% 3.90% 3.99% $9.37 $0 See revere side. eseVCO 11 M parr k I JOSEPH RUANE DISCOVER' I yV Account fwmbw ending in 8104 pegs 2 of 2 Information For You Ndwrlhdarrding rib poynrern due dole on ibis Oowwm t, if you paid 1M New Wome an your prwiovs billing ftlormf by the Paymew Due Dam shown on lhd 601rq sloisrrreri, we wil nd impose Priadie Finance Charges on rww purchases first appearing on this biling defer ent, or orry portion of o rrew pumbose, paid wllhin 25 days of die Closing Dam on this billing "Went. Every Axdrase tourist Every lime you we your 0WANUM cord, Yov earn sash rewards atROrnsr M Ay, Uw your cwd for everyvhy pumhom. M6&* 61H paye,&* er fee soma" spselel. Males yaw messy worth mars - mdey end eery dayl Quafstions? visit arMrwaiflcw. -cm or DISCOVER toll 1-800-DISCOVER 11-6M30-2683). DISCOVER anew Karanre Mnumwn Payment We Accuuni Number ending in 5IUY $2,963.95 SQO.00 Emer Amount Enclosed %alow Payment Due Dais s ?--? Apri 1. 2010 Pleam pay online Y www.Dlscowr.cem or make check payable ta Dacovw. 0.3 sDSw a001 222 JOSEPH MAKE Go papadaaa and nuke yaw scoowit 1,33 WESTGATE DR intanr?on mom mom wed po w fj- r,?? arts ** YW Cal accts. MT HOLLY SPOS PA 17665-2010 Lw^masatdlewwKs"Wpsper . PO !OK 71064 IIIruIlu.Ibur,IlrlusQ CHARLOTTE HC 28272-1084 Address, rma0 or tebplsone e6anovf lulalllllallallllrlVIIJ1111IIIInIulralnlllllglgl111111 Go tv "0w.0ieeew Alfa or print change in space above. 000001596453473569130029639500065000006000 Opaning DMI February 4, 2010 - closing DmW. Mom Mocover More Card Account Summary Account number ending In 9104 Previous Balance 35.020.03 Payments And Credits 65.00 Purchum + 0.00 eaku,ee Transfers + 0100 Cash Admnces + 0.00 Fowl" tbagee + 8.32 Coffer feu+ + 0.00 New Balance -R;36'M See Finance Charge Summary wlion WIowing imnmoionr for d*4W APR Information Credit Lira $3,200.00 Credo Une Avalk a $296.00 Coda Advance Credg Use $1,600.00 cash Advance Credk Une Available $236.00 You may be able to avolel Periodic Finance Charges, no to rewrn side for derak tSee kunicidion demll for a description of any fear charged. Coddiock Band Anrrvenimy Month MOY Opening C nh6odr Baars bolance $ 0.00 New Cashbaek Boon Ti,B Pentad + 0.00 coia ads Bern ewma $ 0.00 To Iswn mesa, by M arwww.Dlsmtie?.mm end wLd Rwserds 3 Easy Ways to Contact Us 1. Access your wa;ouni sewrefy d wwwalso Amn 2. Cal 140DOWCNER (1.800.347.2683}) Pillar. have Yale 0cmver* card awikrble. 3. Write to w at Discover. PO Boat 309/3. Sd L06 CRY, UT 84130 For TDD (Telecommunicoam Dw o for 4r Deall assistance, phase cal 1. WO-U7-7449. N a, Zulu POP I OF A Paymw* 1..6 ualkm New Balance $2,963.95 Minimum Payment Due (80100 Pworow l ON DaM April 1, 2010 fife Papvm* Wand": IF we do not receive your minimum p rpint by Ow d* 000 above. you may how so pay a tae lee al up ta 334.00 and your pmrlrwe Aft for new kwomwa» may be ksaewsd up to Ow Delauk APR of 15.94% variable. M:,:ow. Poyrrr.nar Wenairgt IF you mab'oofy the minimum Payaunt each Peeied. yew wll peg men to libm" and v WIN take you linger ta pry eslF your bolorre., for emnple; yr..•.r?., a of* tie minimum 13 years $4,146 Pwrnoci $8B 3 rKa 3,178 5468 If you would lib information obaw cede counrellrag services, cat 1400.347.1121. Marwpt? Ytwr Amount Onlow at www.DbcovwA*m Aecc anus free online lads like Paydown Plato b ueolaa a plan bib anllnq &W amly ON "m edlaie f+aY oreerl-find wry ways b eom 14CM Access ywx accowd securely $aough your ma6ife phorM Transackm r?n? P«r sure OeM Pvyaerlh aed C.K% Feb 28 Feb 2B PAYMENT -THANK YOU $ -63.00 See reserve ride. V1.7M R DIt F-vt 60 I?fE ' A"ouuni number ending in 8109 DISCOVER RUANE page 2 of 2 Finance Charge Summary current ailing period: 28 day. 89do R& i r Nam' 1FS S_ 0", F Pwdwm $0 00011% 10.99% v 10.94% 30 $0 Cali Advaecas $0 0.06573% 23.99% 23.94% $9 $0 906weTraoss" $29118 0100000% 0.00% 0.00% SO $0 IiwtwTwohn $2,724.07 0.01093% 3.99% 3.99% $8,32 $0 V e variable Rd* Information For You NaMriRdandmg the pay nevi dw date on this skp~, if you poid the hhw Balance on your previous bilirsl assw tt by the Payment Due DMe dwwn an M bllimg dose net, we will not impose Periodic Finance Charges an new purchases W appearing an this biting shAmiet, or any portion of o row p Www, paid within 23 days of the Closing Ooh an this biling stafernerri. This month, the behind Cashbodt Imusotl Redsmpiion Partmr is Bed out d. BeyondRtl. Red"M $20 CashbcA goers for a $25 Bed BMA & Beyond gIA card. Soo the entire year's worth of ou ensw. The year end summary am vi.vow in@ the way you ono your expeo- by showing you every irareodion an your Discover Card oceoret throughout the colardbr year, Online ywrl see the Mal arnaud of all yaw tranradions, in"W9 payments, purcimm, and credits. Go to Discovw.corn/summary todayl Quesfiong? visit www.DL%wer.com or call 1-800-DISCOVER (1.800.347-2683). DISCOVER DISCOVER New eakwo ! Minimum Poymonl Due 52,913.41 Pwr,w4 Due Dote may 1,1010 03 SDf1M8A0t 0001713 JOSEPH RUANE 133 WESTGATE DR HT HOLLY SPBS PA 17065-2010 Acrlown Number erecting to 6104 Enter Amount Enclosed Uelow aqlirw DNeerw Mrone com or maw chock ay mid internel mwf be made by 9:OOgn ET for wine dp°ym.r"g, 00 pepww" and mdse var sooto v t NfonhMfon man sewn v0 penowd- afalrltarta orgy you care aocom Sam Sam more at dimmm comlpapaNSa. Po •Ox 71084 Illrerll„rllr.r„lirlrr,ll CHARLOTTE NC 28272-1084 Addesu, email or telepimns eharrget trrtrtlrrlrrrlrltrrrlrr{rIreell{Irrelrrlr,lrrllrrlrrlrrlrlrrll Go b www.D6tw.r ere or print drrsrrge in spot. obw*. 00000198645347358113002415410006000000S900 )parting Doled Allard. 4, 2010. Cl WAg DoW April Jr Discover More Card Account Summary Aetourt number errd % in 8109 PMYious Balance $2,963.45 Paymenh And Credits 00.00 Purchosa + 0.00 Balance Tranalers 0,00 Cash Adratces + 0.00 Fnwwe Ow" + 11,46 odw Pea * + 0.00 New nee See Finance Chwge Summary sectlon following b%"ad6d, for detalbd APR infonnafion Cndh Lire $3,200A0 Credit rw-Avoi066 $284,00 Gash Advance Credh Line $1,600.00 cosh Advance Credff Line Avoilab6 3284.00 You may be able b arrold Priodie Finance Charges, we Ow reverse side far dwells. iSee transaction derail For o dwcriphw of any hew as oek Borwfe ,gfM1wwy, Mentor May Opening Ca"ack Bonus Balance 3 0.00 New Cashbook Baas TMs Period w 0.00 Casltbeck Flwws Balaetce $ 040 'T. 6.. -,,, we M a wwwA6vevw wm and rasa Rewords 3 Iccay ways to Contact Us 1. Access your wAout acwdy at www.Ob wor.tem 2. Call 1.600-MCOVIR 11,800J47.26B31 Please have yaw Dlseawraet M woomm. 3. Write to vs;, Dlscowr PO Box 30943, solk kho Cl!T B41 §0 For TOD (telpcotnmur kalfons Device for the DeaR aweam, pleam tall 1400,347.7449. 2010 'par 1 of 2 Payment tnkrmation New Boiwrce $2,915 A l Minimums Pap,nert Due $59,00 PoymwM Dw Dak may 1, 2010 Late PayrrmW Wwnirp If we do not 1444111W your minimum peyfnwt by the dab Reed abum, you mW have to pry a lad fee of up to $99,00 urd your purchm APRs for new frorwawians may be Incnand up b * Deharle APR of 13.99% variable. Minim- Pa rwrM wernitir if you make only *w minimum PafMW each period, you will pay mom in infer" and t will lake you larger to pay off yow balance. For elrwn*-. Qnfy the Minim" f 13 yeah ` $4,085 l 587 I 1 year' I iSarings'.1960) I U you would Rke Inhrmafion about credit Counseling services, call 1.800.347-1121. Monap Your Account 04no at www.Disosvwa n AeAaeS ins. o4no leek like Peydorrm Mo nr to teed. 9 plan bbllb anlwr.asilh0ck dl rrom0c fit Make r. money oath mwePA -find easy ways to eom and redeem cadrrewords ?I Apow you oCow rs securely through yaw omw Transactions Trww ?+ Dab Dale faymrrh wed Cradia Apr 1 Apr 1 PAYMENT . THANK YOU $ .60.00 Seto reverse side. MCO R i R DISCOVER I .. WOVE . J 'art RUANI: bot wAmg 8109 P%s 2olz Finance Charge Summary Names M?MIAL currentbillirgpotiod:31 dole A_vslr 4i?NRCU AGE odic A? _ ? Pwdwns $210.08 0.03011% 10,99% V 10,99% $2.24 t,0 Ca4 Ah"nc u 30 0.06573% 23.99% 23.99% $0 30 RJmo Trade" $2,723.60 0.01093% 3,99% 3,99% $9.22 $0 V - volt" Rae Information For You shay* moray, rwt yow a*& No. Ouk* shore spwAing merry vAlb ftft who rely as you. The Currerd(SM) by Dhterer l debit cad hm cudomix" 4mmling limih & $0 baud loony so inwo wn4 avrspsW or lose their cash, Firo month Me (up to a 315 vA*) wish Promo Coda SM410 at CurrenlbyDIK*ver.can. 08er expim 5/31 /10. QueSfion%? Viait www.Dwwor wn or toll 1.800-DISCOVER (1-800.347-2683(, DISCOVER DtSCC 1IER' Now yaBrnce i Minimum vaymore Due $2 8ii 3S $5&00 Paymetvt Des Dais Ame 1, 2010 03 9DSHWi 0001224 JOSEPH RUAHE 133 WESTGATE 0R MT MOLLY SPOS PA 17065-2010 PO BOX 71084 lllalllurlluurllrltrell CHARLOTTE NC 28272-1084 Address, ornail or hMpfane ahm"I lattllnls+vlsllmlulllloll 111111,11 ul till 1.1,11 Ill ilr,N Go to www.ilhwveemm or prlnf t OV6 to space obese. Account Number ending in 8 10Y Enisr Amount Emk»ed Below Pay ea bar w to.Disea 1er.eamorr mtolte dmck uA be mad. by S;%; ET ior sum. 00 ptperMta will trtalo you aooaunt POWAVfd- kApFnMlon urea , youa an arxea. Letm mesa at dhcovar eamlpaptr 0000011864534735A91300e$643500069000005600 DID longs 1 o12 Opening Dale, April A, 2010 - Gaining Dale, May 3, Diso wr Mon Coed Account Summary Aeeovnt number ending in 8109 Prwious balance 52,915.41 Payinens Arid Credlu 60.00 Purchases + 0.00 8akwA Transfers + 0.00 Cash Advonces + 0.00 Finesse. Cimrpes + 10,94 Oliver Pea f + 0.00 New 8e ,ce 9:11403 See Finance Charge Swnmory section fokwing transactions for 4malled APR information Credit lire $3,200.00 Gedrt One Avoilaikile 8330.00 Cosh Advance Credo tk* $1,600.00 Cosh Advance Credo lire AwilaWo $333,00 You may be able to aweld Pwledle Finance Charge, see the reverse side for devils. I +See Uansadion deioil for o description of any fun charged.) Cohbod Santee Anr*tmmry March May Openbrg Cashbook Boner Balance $ 0100 New Cahwa limes This Period + 0.00 CeJ"& 8re,e bJeooe - S.. 9.00 T. 6e.-, iq i, a eww,0lereer.4e0 wr o0wP#Wwdr 3 Easy Wayb to Contact U$ I . Aces your account mwely a www,06cm ar rsm 2. toll I.9"SCOVEA 11400.3,17.26$3 Please haw your Mwai ?er card avian. 3. wam 1. us to Drscowr PO flex 30943, Sit! lake City, UT $41 0 Far TDD f Teleeanmunkatlons DeW a for the Deolt 9ssislPnw, Poore cal 1.A=347.7A49. Payment w6rmation New Bofonta $2,866.35 tAMIMUM PaywmV Die $58.00 Paymert Des Dais Jum 1, 2010 Istta h my wetnbw It we do net welw yew Minimum poymed by 16 dnte brled above, you may lave to pay a kdo lee of up v $99.00 atoll yaw pushes APRs far mw tronsookm may b iiwoosed up to Ow Oefvuh APR cif 15.99% variable. Mkd mar Pali ow o V wairB: If you make only the minimum paymert each period, you wil pay more in Interest and a vAl take you lmVw to pay off your 6olonce. For ewmple; 0riy the minimum 13 yeses 84,024 POP" $80 1 Pow 3 years 3,08 - $948 If you would Irks inimmdlon a6ou aredh aaunalhng services, sell 1.800.747-f 121. Manapa Your Acoult "m at www.D&ao w cam Aaau Gee arclirre bah like Manner to cea1. a pan aedi a =-Wow gal" Pay bgdowedr balance ivwlive Mace your money worth man's-find wry wwr b ond r«leern ewh ,swards W I ? your a cw* securely Nwau flh your Transactions Srmr Pest DnN DM f4yree'rY end O.W. May 1 Moy 1 PAYMENT • rAAW YOU $ .60.00 s~ reVevle ride, DISCOVER a1SC OVER ttparb D V .105EPHRUANE Accacnt number ending in 8109 page 2 of 2 Finance Charge Summary Dan tc ?? " m P=1 "k current biding periad! 30 days ?..?.... RAW._ .. Prwrdsoms $242.20 0.03011% 10.99% V 1019071 $2.19 30 Cash Advoras $0 0.04373% 23,99% 23.99% 50 30 Wines Treaders 32,672,30 0,01093% 3.99% 3.94% $8.75 30 V e Variable Rafe Informmlion For You 5afmowrd y" kkWIW. id"Ity Theo Nolection pravtdes doily 5J7reau credit re4at14 mon8oring and a6 ft you of lay changer Ihot ntay help you ides * poWid fmW. Visit Di4cevw.cam/idenlMywrltpraleAion b loam more or to enroll. Oiscvwr j 0 wrd4 are wW gifts Docit and Grab love. Add a personal foudh with o matching gift card and greding card combo. Evan save $2 with promo code OM at WoowtGihCmd.eom dv&o 6/30/10. abet 12 months of consecurrm tnadit Direawr A begin b amm of $2.50 monlhiy 1, ncy fee. With ngManing fending standards, irs new ben more ImWom to slay an tap of your score. Credit $wuTradw 11044 you understand what may be otfaeling yon oadil rating. Visit Discavr,com/creditscorenrsckw or cal 1.866256.4532 to Isom mare nx b enrol. Questions? Visit www.Qi*wv w mn or call 1-800-DISCOVER (1-800.347.26831. DISCOVER Now Nalanee DISCOVER $2,617.48 Minimum Payment Due Account Number ending in B 109 Enter Amount Enclo ed 11.6. $117.00 _ Payment Due Dale My 1, 7010 Pay online d www.0iwowr or make chock poy"b Di ord inNnet i r 00 ET paym44" mtnlben e e5e pnt hr same daY peters. 08?SiJGAOr 00a,? JOSEPH RUANE go peperfiss end maim yaw l m f a rn eB on mare eeours With pssssmrard• 133 NESTDATE DR p ? ie ? d delemsoft only am 1 you MT HOLLY SPOS PA 17065-2010 Lwnmomddaaovooa iipeperMu. PD Box 71004 111111111 soll III 1111 111 loll CHARLOTTE NC 28272-1054 Adol en, emoil at le60wo `h°"'4W I+,4r4{nln,4,Ilur(r,lrlurllllrn{ulsrl,+4lr,ln4u(r4n,ll Go so www.Dlesw totes or prbd tlkoor s in apace above. COOOnl486453473$89130028174800060000005700 Opening DaM.- May 4, 2010 - 00sing ban: JON 3,2 Dim~ More Card Account Summary Account number erndirr6 in 6109 Previous 6alana $2,866.35 Payment, And Credits 60.00 Purahans + 0.00 Balance Tronsfeq + 0.00 .Cook Advances • 0.00 K+wKe oter"s + 11.13 Ceher Fees * + 0.00 New BakwA - - S2,817;48 $es Finance Charge Summary section following tranwdtons for debiled APR information Crtide Uns $3,200.00 Cradle Lire Available $482:0D., Cash Advance Credit lam $1,600.00 Cash Advance Credit Line Avaibble 6382.00 you may be able to avoid Periodic Fkrarrce Charge, roe de revere side IW details, *Soo transaction defail for a description of any fee charged. D10 pops 1 J2 Payment Inkrmafim New 6alOno $2,817.46 !Minimum "Wit Due $37.00 Payrnad Due Dole July 1, 2010 Lee* Vor.wM Wwr,4op if we do not naive yaw minimum paymw by 16 date tided above, you may hove to pay a lots fee of W b $39.00 and your purdraee APRs for new hvnsacNem may be inersosd up so tie Defaue APR al' 15.99% wrloble. ildk%wm loarnm,i Wooing: If you make any tie minimum paymerrt inch period, you w16 pay more In irderea and It WIN lake you longer to pay off y-balance, For wanplr . I...? lid e O"lY o'ir'i^nu+n 13 yeas T,'- pefenMf 584 3 yearo If you would I& Infarmown alwut erode counseling services, call 1400.3A7-1121, Cos m c Ep.wse Mnwe cry Mash May Opening Cak6ock Bonus Bekmcs S 0,00 New Cadnb9ck 09nus Phis Period + 0,00 Csrnbaek amm Mlsre $ 0.00 T.6-s. %69h.nww Mi.*ver.samandtsletlRewords 3 Easy Ways to Contact U3 Mwmp Your Atlt:ount t rAw at wwwAsca aP.wn 1. Access your occ9ur4 securely of wwwJhoc~Awn Access free o4re, bah Mks Poydaem Plainer to diede u plan 2. Call 1.e00MCOVIR (1404347-2663 lopay doom your bdrores, aecW* aoeese delmm.nls, Pay Ploc" have your Dlwovere card wio. bilk online and easily had all hmractiaa 3. Write to use Discover. PO Boo 30943. Salt lake C' , UT 84130 anMake d reyera money ooA nw worth mow:"--rand vary ways l0 worn For TDD f f telecommunication Device for the Deaq NE W t Accen your account seevrety through your a:sistanc¦, pleose will 1-6043A7-7449, mablls phone Transactions . o Feet ' + Dab Payraeate Ord Go" May 29 May 29 PAYMENT . THANK YOU 5 -40.00 s.. r v roe. dd.. DISG'?1 R WANE Y AteouM ourn numbw DISCOVER R iD I AtSEPH ber wdinp in 8109 page 2 of 2 Finance Charge Summary Noe,ind veroas ANNUAL currari billing period: 31 [lays Dot ewlasd, a- olFw Perelreses $243.14 0.03011% 10199% Y 10.W% $2.27 $0 C44 Adv.eaa =0 0.0657n 23.99% 23,99% s0 $0 Bnfar, Trandrs (2,616.90 0A1093% 3,99% 3,99% $8.66 30 V - Vaioble Rork Information For You This mach, the hp*xed CoA6xk Boriv*) Redemgion Parhw b Bad Bath 6 Beyond(R). Redeem $20 Coshiml; Bonus for a $25 Bed Both 6 Beyond gib cord. Idariiiy Theb PmWelion praAdes da11y 34wreou tradil We monirorirg and PW# you of key clwr" that may help you Idsdify poienlial fraud, Visit piscover,cam/idNSirylhehpraNellaM or call 1.866.515.53021& Iwo mars or 1o OrMA, t)iwovar's wale Proladim helps notify eard imusm a moniam your crecYn gchvily for 90 days if your wa W Is Ios1/slalan . Vbb Diseaver.ean/wafelpraladion or call 1.677.023$014 to barn more at to *w6l. Questions? visit wwwzLicamaw or call 1.8004)ISCOVER (1.800-347-2683), DISCOVEg Dl ?r ?? Now Balance $2,667.13 i Minimum Payment Dun Account Number ending in 81 UY $114.00 Enter Amount Enclosed Below ?"ON oW Dolt g r A 1 yByN 1, 2010 Plm make absek payable to Discover Card. Ml== Inckid+s a port due S l ? ? 03 SOSH 01 0001228 fbe iw ?OOpm ET me od ? w po". JOSEPH RUAHE Al npn Plea- w'Noun ofClta 133 TE DR WI l your Intend Raeer• udlOfl NT HOOLLY LLY SP85 PA 17065-2010 - PO BOX 71084 11 lift I III III lies AN 111111 CHARLOTTE NC 28272-1084 Address, entail at tel.pharm charreetr IrILILn11I11lIIIIIIILLIriRLIlLdrdrrlLlLJlnhLdl Go to wwwMicavercam or print change in space oboe , 000001986453473589130026671300000000011400 Opening Dab: June 4, 2010 - Cladng Daft: July 3, 2( DLScowr More Card Account Summary Account number aiding In 8109 Previous Balance 12,517.48 Payments And Credits 0,00 Pwefwxs + 0,00 Balance Transfars + 0.00 Cash Advances + 0.00 Entered Charged + 10.65 Fees Charged + 39,00 NewNsw Balanes 2,867.13 Se. Interest Charge Calculation section Ialk:W4 trensadlant $w "allod APR information Credit Uns $3,200.00 CredB tins Available - $332.00 Cash Advow. Credit lino $1,x00.00 Caah Advance CredR Une Available $332.00 be able, oo avoid Iniat" CfnarOes. see Additional Yotp may rhnl ? AIGO 1 for deb Ifs.. Inrpo ab Bomb' Mniversay momb May Operting Cag"& Bonw Balance 3 0.00 New Cashback Baas This Period + 0.00 Cmhberk laws Balance $ 0100 Tek---P-. b0* a WWWAte004 4 n00411 3 Easy Ways to Contact Us 1. Access your account securely d wwwbisaworawn 2, Coll I-11100-DISCOVER 11-000347.144 Pleats lave your Discovffooc rd ovailo is) 3. Stake Ciitty,,?Ur1,Tw541 r30 f Nd a pa'ymw* addre Owicwar PO Beat 6103..I %.,116019M 7.6103 For TDD (elecommun"ow Device for the Deahl assfdonce, please call I.50WW-7449. 110 pogo 1 a(2 Payment In6wation New Balance $2,867,13 Wrjmam Payment Dual $1 IA.00 Poyr -wo Dun Data August 1, 2010 •Inekrks pad due amount of $57.OD Iris PuyI"wal Ww iIB: If w. do no reeelva your mmimom pay~ by the dole kded abew, you may haw to pay a late fes of up to $39.00 and your purchase APRs for new hamodionr may be Increased up to the Penally APR of I s,"% vorkb6, mitnkuntn Peyene " WwnkW If you make only tin minimum paymri each period, you will pay more io War" and 11 will lake you larger b pay off yearn balance, For oromple: 0* Nr minimum , 13 yeses 1 $4,022 R you woM like inimmation about credit eounsdng services, rnB 1-800347-1121, M recipe Your Account Online d wwwXIbcowr.mn • Access 6w wdlns tools like Paydawn Planner b Nods a plan to pay down your balance seculeky access idlrnWAS, pay biRr w?6n ad emilyirat?c d hanatlions • Meko your marry Worth menu"-fwd fury ways to eon and 1040 l soda INNarda • m? ?u yaw account Iecunsly through your Transactions Trw L Pest Deb Den Fees Jul I Jul 1 LATE FEV S 39,00 TOTAL 00 FOR T1US PBIOD 59.00 Interwar 0lwee4 INNNUT CFIARGE ON PURCHASES $ 2.20 INTEREST CHARC* ON CASH ADVANCES 0,00 INTEREST CHARGE ON BALANCE TRANSFFAS 6.45 NOTICE: SEE REVERSE $a FOR WYORTANT INFORMATION DISCOM DISCOVER It Pays b JOSEPH RUANE DCr.? Account number ending in 8104 Doge 2 of 2 A Ntatia of Obmpee to YOW 1metre Rt:tlfea You have triggered the Penalty APR of 15.99% on now transactions. This APR will vary with the market based on the Prime Rate.' This change will impact your account as follows: Purchases made on or after 7/23/10: As of 914110, the Penalty APR will apply to these purchases (unless a promotional rate appliesl. We will koop the APR at this level indefinitely. Purchases made before 7123110 and other Iransactionss Current rates will continue to apply to these purchases and transactions. 'This Annual Percentage Rate ("APR'l equals the U.S. Prime Rate + 12.74% (cofresponding doily periodic rate of 0.043819:x. Interest C harp Cat cu lion Your Annual Pereedogo Rate M) is Ihs annual interest rate an your gvmw, currwd Ling pried. So days TYR OF MANCE A ?fllll4_ U(SWAM MMI? Wa TO tt' lEM t}t4M ,76 11ww?? psrdmoss 10,"% v 66 $243,7 $2.20 Carp Advances 23.04% 30 50 kkrA@ Transfers 3.99% $2,578.86 $8.45 V . Variable Rate Addiional krrpsrwnt tnfeme60M Sea yaw CndnnndMr Agesame d, Your Cardmember Aareemord tordains of the forms of your Account. isaer.t"ante, Report ImmotlaW Call 1400-W-2643. WIW Te Do # YOU Think You AW A A kk*o On Year RlrMmes.t If you think there is an error an yaw Ndenserd, write to us at: Discover, PO Bar 98,121, SON Lake City, UT 84130.0421. In your /.Bar, give us fin foMowing Information; • Account idormotlon: Your mane and occou t number, • "or amwAt.'1IN'do1wdm6tw-af'tha w*Aded'efar. " -- """ -.1 """ I I """' ' ...... . • Dsscnprfon o Problem: If you think then is an error on your bill, describe who you believe is vnong and why you belIew It la o mlstalre. You muK canteen u. wllhln 60 days aller the error appeared on ywr sktft t. You must notify us of any poledtal errors in writing. Yam ?nrvv?y wil us, but if you do we am rest required to inwdlgots any potential error and you may haw to pay the amount in quertinn. While we invietigole whether or not then has been an erns, the %lowirg an • We cannot try to tolled the amount in question, or repent you as delinquew an that arewit. The drag. in gwstian m temaiit an yaw statement, and we TCq Comm is charge you WWW on that amour. But, If we deform ire /hot we mode a mistake, you coal not haw to pay Ihle amount in question or arty War" or oiwr furs relaed to that amount. While you do not have to pay the amount in question, you ate roaporsible for the remainder of your bale oe. We can apply ory unpaid amaurl againstyaur andlt limit, Your Rob M You Are OweddMed tlAh Yaw *wO Card PVrdmeea 11 you an dLwobRed wah the gootlis or services the you hwn W4wesd with vow credt earl, and you haw irW due d good an de e purdraeeto res. Ne problem wish Ire mechwrd, you may how for no not to pry the remaining amount To use this riOM an OF the billowing must be hw: 1, The purchass mud have been made in your home Ntte at within 100 mites of your turret mailing address, and the purchase price must hw? ben more than 550, hMM Neither of these as necessary if yaw purehaw was bused on an advednemed we malted to yV/apwm or if Y+e won the camls ntr the sad you the goods or swirkn,l 2. You must have used your credit card for Nn p base. Purchases made with cash odwncas from an ATM or with a cheek tha l aeeeses your eredd card secant do red quaRFy. 3. You mud,.ol yet have Fully paid fora Me purdew. If dl of to atterio above are met and are she dlswtlshed wdh the purchase, coread us in wailing at. Discover, PO Box 30945,3140 fake ysy,, UT"f 3849/5 While we Womigde Ills same mites apply lo the disputed amours as discussed above, After we finish aw investigation, will A you our decisnar. Al fk t point, if we W" you owe an aMoWV end you do not pay we may report you as dell" Peyrstents. Sand only your poymet and the top ?,orfion of this dolemerd in the anWtOpe ilmyWed. Do not send cash. Fly send' veer Cheek as dseeslbed above, you auRsori10 us to yw itwmation an your amik to make at elect am fund ounita a check m'amki hamyou r account at rho firrancid inslibtion ktdicdrlpeurcheck ar the p"men as eleehoek ftanhxdd_ 1M wiN Fr• for Me amoeR ofth the dealt. Whee we hansoctian, It pyerd is P1°Ce°'1. der an Albe use iniannnfien ben yell cheek to ake an ok wiC maybe Wieldravtry from vain oCCOSMt w soar os the same day we receive yaw ppymed, and you vent net naive yew ehesk "ak from your Rnancim insittutian. ether ms whh Vour Payment, if you the process your pnymNt -Y be debyed if you sad cash, w+aspemderu or He rand fo coy diver s of it vest we an rwelope odw than ate provided regtwd In Dnepr Form at our pracessine kseikty bbyy SPM kxd 11nre on ay coal be yy oeturrr Aoewrt pe FFat da? • Paynr/b aeCeivad as our pia?sk faiRy after SPfyl food IIIe wMl ta..111ed b yp?r AteauM m aI rte Of, aloha. IF you ban mispfoeed yyoouur envebpegNnd your oovmerR to Ofscw+?, Po Bar 6103 Carty 51na„, IL 6019740, 1'Ieaw allow 7.10 m an ndetlranic detsit. day. for dakvery. IF your poynen i is w"Id, we reserve the rtgft to mulA t it NoTiCE: SEE REVERSE SIDE FOR WIFORTANT INFQRMATION INSMM New Bnktnce Minimum Paymont Due 52,P 17.55 5172.00 DISCOVER Fwmenl Do Dab T.Mrbtttlser 1, 7010 02 SD$wA0t 0w1w JOSEPH RUANE 133 WESTGATE DR NT HOLLY MS PA 17065-2010 Account Number wwJiny in 0IU9 Error Amount Enclosed Below Please, murk # = ? c d. Mirry awto Mm :114.00. Phan analk payments must be made by 3:00pm ET for same lntpnlRNOn atar two Witt palaNgta• l mite I NCO wpch PO sox 71084 Illrerllttslltttt.llrltrrll CHARLOTTE NC 28272-1084 Address, surrealerittko w chattget Irthlltdtt,i,Ilr,titrhl,rsllilrtt6dnlr,IlrtLtlttLltrll Go la www.Dlecwev.tews or print Cho" in space above. ODOf}l]19fjfe45347358913002917550(lA4q?00{i]t?200 OWIng DaW July4, 2010. 0011ing DW Augllat 31, Diuover Mom Card Account Summary Acc&xi number ending In 8109 Prwiaw Balance $2,847.13 Payments And Credits 0.00 PuM%R" + 0.00 Baking. Transfers + 0.00 Cash Advances + 0.00 in "d C;hw* + 11,42 Fes Cho rid + 39.00 New as lyf 17,33 S. Interest Chaps Calculation section fallowing Ironsaetient for Jowled APR Inbrmwlen credo Line $3.200.00 Credit Unit Avalksbk $282.00 Cosa' Advance Credit 4me $1,600.00 Cult Advance Credit Lm Avaflable $282.00 You may be able to avoid Interest Cbages, see Addhlonal Important kA"allw ter "ils. cashbod 14twe Anniversary Mart May "IQ pogo r or x Pwww Idemod" New Balance $2,91745 Minimum Payteent Dues $172,00 Ptsymed Due Dye Seplomber 1, 2010 'Indudes post due amount of $114.00 Ire Payawtt wen 6v R via do net receive year minimum PoyAW A by Nee dell Rued abew, you may hm to pay a late fee of up to $50,00 and your p rcir- AMts for new hamadiarm may be Ittarewed up to Ow Penalty APR of 15.99% vorkble. MYsknetn hpsw i ymmito if you make only the minimum payment each period, you Will pay more in interest and it wil take you kttger to Very eR yew pabnee. For exerw1e: OrJydteminknum 13ymn $4,084 wy-t If you would 06 inhnmalion aboul credit C wining $6Nlce5, call I-Rw347.1121. Opartirg Cashbook Bonus Balance $ 0.00 New Coshboek Bawl Tltis Period + 0.00 co"" I m" edtotw $ 0,00 T. Iw,e -*, kv M.0 wwwAleower.eom 3 Ewiy Ways to CoMtact US I . Access your account securely a www.DhtewAwn 21 Call 1.111000SCOVBR (1.80b347.2683 Please have your Dlwaw*eard anef?. 3. Wrde to us at Discover PC Bar 30943, Soo lake City, UT 841:1{7 (Not a payment addrus) for paymems, please teed to address on rwm#once w D;soever, PO Box 6103, Carat Sheam, IL 60197?i 103 For TDD galeoommunine" r i Device for Ilse Doo asomance, picric call I $M347-YA49. Af nqp Your Aazud Onh w at www.Discow Amn to dew ha oieowmilraoaqw0dwo ls, p y bits onlim mid emlfy heed a Rwaagliorw Make your money wodlt m h sm -end eery ways to eom and re I aatlt tawwds oaws you account secwety llmawgh your • EEWI A?? Transudons Tree& pad Dab Dab Fees Aug 1 Aug I LATE FEE $ 34.00 TOTAL W FIR Tire ftWOb 39.00 lost a wyed INMR93T CHARGI ON PURCHASES S 767 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHMLr3E ON 6AW4CE TRANSFERS 8,75 NQTIM: SEE REVERSE SIDE FOR IMPORTANT INFORMATION 5wom DISCOVER It pot's in JOSLPH RUANt DISCOVER Account fnonbcf ending in 8109 par 2 of 2 tnterea Charge Ucukffim Your Amoral Prawda8? Rah JAM is the nrwwd ir+Mrat rose on Yew account, cure rt U*V Ponied; 31 days TYPE OF MIANCE AAJhi PERC8RA13E > 70 Rafe M CNAl1Gtf MA KAT0. ? Ppreheses 10.99% V $283.19 S2b7 Cali Advances 23.99% $0 $0 lel.tsseTrensl rs 3.99% $2,587A6 $8.75 Y e Yoriable Rah Addde.d hnperlenr ltdwsrseien Seat Yaw C "60MAurr AgmewwnL Yaw Cardmmnber Agreement ta+vns all Nm farms of your Acemnl. Lost or dislike ftw& Report ImmedIalelyl Cal 1•lOOti ia-2613, 167sa? To Do S You 115(rttr You Mid A AYrMke On Your ft swssent if you think there is on error an yam datemerd, writs to us at: Distove, PO Box 30421, Sah L66 City, UT 84130A421. In your low. glw us Ira Falewfng ht wmatiow • A ewrif (aformaRon: Yaw frame and ooeount number. Wlar amount. The dollar amount of Nov swpechd error. Description of Problem: If you chink there is an error on your bill, describe what you believe is wrong and why you believe it Is a medoke. You must aematl us within 60 days aline iw era appeared en your wahmem. You mud ratify vs of any p9twIM' wrors in writing. You1nir( call us, bus if you do we ago not nquind b irrwd" any potential errors and you may haw to pay tiro amount in question. While we imestlgote whether oe net Rrere has been on error, the lolowing ate wue: • W. Canvas fit' b aoleCt 1te amount in quadgn, or report you os delinyrwd on that amount. The charge in mty remain on your dolemed, and we may oodinw lo dxKr you intw'W on fhaf amount. Rut, if YA defrmine ewe math o mistake, you will rat hove to pay the amawt in question or any iriand or aRrsr lass totaled to that amam. • While you do net have b pay the ameum in quarion, you ad responsible for the remainder of your balance, • Wo can apply any upoW amount againa your credit Ilm It Your Ifiglrrr N You Ana Whee ileffi d Wmis Ysur Credit Card A>rsshtbater if you am dissatisfied with 4r goods or services *KA you have purchased with your credit card, and you haw tried in good (pith to cared +4 proUm with it a mer sham, you may ham do right natio pay the r'malmng mMOunt due an the purchase. To Yid this right all of the lalawiieg mud be true; 1. The pwdraw mud have been mode in your hone dab a within 100 miles al your dlrrdMV mdUng added", end the purchase price mat haw been mare than $M. (Hank Neither of these ago nOCOMMy if your psrrdrM was based on an WvertNwnwl we mailed to you , or if we own ie vimpany that sold you the Goad: or mrvkff,) 2. You mud have used year ewd11 card ter Nw pwchme. Purchases made whin cash odmo m from an ATM or with a .bade iha accrues yew credit art account do not qualify. 3. You must nd Yet haw fully pall ter the Ptsaw". If dl of Nu aN d above are met andyou dint iswtidied with N» pur?faw, setae" us in v+riting ar Discover, PO box 0,43, Salt Lake C4, 111,1113 43 While we immd", the some tiles apply to the dispuled amount as discussed atsew. /inlet' we finish aw ma drgation, we will ill nq you our deOlsron. At *4 point. if we thirds you owe an amount anal you do not pay we may report YW delinquent. end vetyour pa PaymenYr ymwtt artcarding chock w deserfbed trse iniyear acoaant of aon yetronsaatIf pymrrrF is pr'ocassod as an eleCkonic keel horrsfer. fire borsht will'+e for Ira e/e&st of Nfd cheek. WhMt ors use informants, 4om your pdrrck fa make err .Ie:lrardC fwd hans4r, fords rney FN WIIh?aWn ireM your attaseM Os aeon m Else soma toy yr nerve Your porous, and you will net reteive yotx et,edl bads irony ytwr hnaneiat kwlMierr. The processing of y«? payrrwt may be defoynd if you send gosh, c9ampmdence ar arms Arms with paym.rt, if You send the paympet to ort? dhw address ar if yfou use an w w oNrw UP the am provid.d. Poymr> s?i.c«wd in proper tam of our prvpasirr0 fociliy SPM local into on arty b. Cndiled b your AccauN w eF that day. Payments rrteived al our pncesdrp fedii air 3PM {oral visne veil br need b yourAeeewl et afire fwtd day. It you Mtw ml yeur en, and year paymeat to 6iswvw, PO Box 61v03? Carol Sheam, 0.601974103. Please allow 7.10 doys?delnory, I your poytrw# es rsfum.d unpaid, u e resurw 1fr "fP' fo ?ubrnA t os an .fKkordc deba. You canpay your minknum poyesent a a gwddr omawtt avw Nee felephorw, ad you can set up ausomona payments. Coq us at 1$OD.347.2689. You well red this skdrnrert ants yew barJc areeaupd irdaeredian. You awe ewae that erptRciwd kupeis ae available in year beak pseeead cad al fnaraadpau mar ?caanrsyyppyI?rwith US.1aw. You Vert be allied vopvAdo the f4sl 5 di??NNss of yew aeeeuM slydemdM molt. Byy enMdrlrrg lthpa nrwnbin a yore eMdrasic ?rNo" will be b fhb avfhorisreNen b slaw w and yew bank h redvrl each pvyment you ahem ?Thonk account, ount, and loo debit or c=n.1 b honk rnxawrtt, a a?? to correct an erns in ifl. of we You mud tell us Nov f eacfr Psyrr>.nt or you can soli d On wr+o such ¢ FM Minimum 6t'+ er il 6akned on oath stafemeat. You em cancel a h, however ors mud rreeiVd ndfiab at lead Nwde days in advance of air scleedr4d pament. You may Bali eve by phone e1 1= 47$eEs a mod a rise ad eu Isrssd sn the po t your paymr,?s wry emwM, our wit ter you an each rnatlty dderne"t wtwn yew wIl mode am how much h wit tie, Your w lomvtk ppyment omoed may be less don dlcated on ttw em board on credits or poymerds applied during Ns? btPing cycle, [aed? We may report Wormadon obad your Accoad b credit burecws, Loll PQVMWft, rowed Pomade, at oche d bJ ar yew Accoaat may b. nlresrd rn yore eredlt raved, We aorrevly report Its A" and paryrnent Mstory of your Account b credlf wporll agmalM each month. IF ewe Rpat our tew is Inaecwatr or incornows please wrth us at Nine ftslawhhg address: tAscaree, PO 6. 13316, VJ'.h;on, OE 19850.5916. Morse indicate yew amid. addrgs, home Nldplwne numb" ore Accamf number. NOTICE; SEE RpVERSE SIDE FOR IMPORTANT INPORMATION NOW dalome DISCOVER $2,954.38 Mnnmum Yoymerd We 5231.00 Paymad Due Dab 0deebr 1, 2010 03 SDSNWI 0001728 JOSEPH RUAHE 133 WESTGATE DR HT HOLLY SPGS PA 17065-2010 AcCouol Number emdrmg in 0IUY Enter Amount Enclosed Below $1 PWase make dwelt 61+ b Dkeev r Cerd. Minimum ply eel::LINT lw a paw also Wamo rot be.00mods by 5:cold 000 rprsntoomodET (or some Mw Inhere your eocaxr inftrrtteYatt mere eawim tooth ptwwao. aroeeckea eh11ww a only "U Cw amm. Leem more at dbcover oaNpeperleee. PC lox 71884 {IlwdltalltnttlLlettll CHARLOTTE NC 28272-1084 &" www.Dbaw. Am orp A?hange in space above. (r,{ei{u{ern{r{{ru{a{e{en{{{{nr{n{n{u{{n{n{n{r{uI { Go io 0000019664S3473S69130029S4380000000D023100 Opening Deft: Auqua 4, 2010 • doing Dab: Sepboober Discover More Card Account Summary p N to Account number ending in 0109 H Frevlous Baiamw $2,917,55 s Pay." And Credik 0.00 Purchases M 0,00 Is Italande Transfers + 0.00 p Cash Advances + 0,00 interest Charged + 11.83 A Fees Charged • 25.00 A New Bc&wK* ' ,954.38 N See Irrerest Charge Calculotian section Tolovong p transactions for dewled APR lmienmaNen p Credit I" 33,200.00 Cndif Itne Available $245.00 Cash Adver" Credit lira $1,600.00 Cash Advance Credit line AvaNable $245.00 You maybe able io avoid Interest Charges, we Addmimal Impom" Informwom for dooh. Cos c onus" Awry Month May Opening Cashbook Bonus Bo6we 1 0100 New Cashhock caress This f eriod + 0.00 Carliade Imes leleltee $ 0.80 ie 6.n......, ire u. ? wwer,D{rM1Mwm 3 Eery Wap 10 Contact Us 1. Aecan yaw account soevrely b wwwAiseew A m 2. Cal 14"SCOVER (1800.347.2683! Pleas. Saw your Disoovarm dad avaiiable. 3, Write to vs at Discowr FO Bon 30943, Sal Lake City, UT 14130 No a payment address) Far pny.nr,.r., ..sod M eddnr yr r.mur.mce a Disearer, PO 6143, Corel Strrom, It 60197.b 103 For TDD (TsYeemmuniedians Device 6r 16 Deaq awsWACe, please ca81.100.3d7-7449. 3, 2010 pegs 1 of 2 myneent Awmafion ew ralwwe $2,954.30 iIMMU l "wit DW $231.00 ryrrr.nt Duo Dal. October 1, 2010 rrdud.s past due wwA of $172.00 w ftpmet Wwelt¢ If wade not meeiw yew nrlrAmum syreerd 6y do dale lined a6srve, you nwy ham to Foy a kre e of up b $33.00 end yew ptrehow and bedanee M wfer PRs for rrew hansiximm may 6 bwoocls.d up to Nre Penalty Flt of 20,99% vorlable. I linisesm hrment W**4: If you make o=1Z- -/ ..' -h period, you were Pay - N N ail ika you lapr b pay oN yaw btbwo . For erampM: Orify the minlmum , 13 years 1 34,123 IF y*u wo* hike irtl111111 an abowl credit counseling services, col 1.800.947.1121. ManaW Your Account onWw at W W W.Disco 4w cum • Access lee onlMe tools lke Paydowm Plans b erar i a pk.r to py doom yew baleen, securely access ilial m«is, pay iWI enterer and cosily h" all Monsadiaa v Mt: your =v s* 6mroolm_w Gory ways to eom mobile p ss your aee6uN mtuWy IhmAdh your Transactions Trans. I'ese 04111110 oft roes Sp 1 Sep 1 IATE FEE 3 25.00 TOTAL MU FOR IM IMMOO 2$.00 Intnr,tChryrd INTERESTCHAROE ON KACHASE$ S 3.05 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGR ON sAIANCL TIIANSFERS 1.78 NOTICE! SEE REVERSE SIM FOR IMPORTANT IMPORMAYION DISCOVER r, yr, r, JOSEPHRUANF. .?S&_ Atcounr number ending in a 109 poem 2 of z interest Charge CakukMon Your AntwO Pwcwdage Rote ") is the annual irdwed rah on your gw nl, Cunwd &Tog Porled: at days TYPE OF LUANCE A UAL PERMRAGE ? SULWY TO If SY C tax ? pwt"s 10.99% Y $327.01 $3.05 Cash Adwnee. 23.99% $0 $0 f Awes Yrenders 31"% $2,$94.23 $8.78 V _ Variable Rah Ad06W wwwlart wwadien S. your Cirdrn ,,hW Apenrrwt, Your CondtrtemkiW Agrowent contains oR Ne lams of your Account. 1iw a sW*n cads. Reprort immedWWyl Cot 1JOD+9 -Wlk, What Ta fav N Yav TM* You MW A AW lake On row- i?atternoa? If you think *we is an error on your siotemwst, write bus d: Discowr. PO flax 30A11, $alt Lake City, UT 841304421. In yaw Was, giw us the f Ate g nnkumotion: • Account id6ma co! Your name and oeeeunt number. • Dollar amounh The dalkr ansotett of the attspected errata • Osxcrtptfon of Prob(em: If you think there is on wror on your bill, 4wribe what you belie" is wrong and wiry you bskmw if is o mis•oke. You must tortod us within 60 days dhr the enter appeased on YM stdensem. You must notify to of any poftn l wrors in writing You mmraryy call us, but if you der we ore not required to imit"gols any potential sears and you nay how b pay 11e amount in quer m. While we investigde who w or nine then hex boas an tenor, the id6vAv are term: • We caned frY to cal.ct IFory amou F in quastion, «npaptrdyou as delinquent an stud ameuN. we dalarmms made o m s>dte, you wdiF iroF hew to pay" amemM In qu bn air any IMwest yr dint fee nMlhd to that amount. • Wh16 you do not haw to pay the amount in question, ' you we respmUe for the rwmuin4w of your balance. • We can apply arty unpaid amount against your creedal imitt lyaar •Ri0Ix M You Ara 0kwIie0 VAh Vow Ctw & Card FsswAm m if you ere diuathfied wqh the it or swviea that you haw puchosW with yaw crsdw cad, and you haw tried in good faith to aw4d dse Prabhm with Ne nnnenarptf, you may haw the rigM not to pay the remaining amount due on the purchase. To use this dad aF of the fallowing must be ire: 1. The p mhow must here been mode in you hoyn stale or within 100 miles 91 yaw oaten moAing address, and the python. fir' met 6" Game mere ikon $50. Pimm Nt*w of tlrue are ruetawy If your putrlww was basal on on advertfeemat we maded ro you , or II we ants the company that sold you fhe goods or wvkw.) 2. You must ham used yaw etedit tad ler 16e owehais. Puvtfesn mode wish tesh a4vnnat from an ATM or with a check that ace*" yew aedN aid etcauof do na "Ify, 3. You m hm, Msvr Wpotd-britwpordme If al of the criteria dam a@ net and_.yo1r AN N d with N pwrdxa , con+ad vs in writing pt: oiscovw, PO 8onr 90045, salt Ise u?sYY Whit. we im.t got., the sane. rs4ms . Pply to the disinh d omduO as diseased abeam After we KpIsh ew W"lgollon, we A td you our decision. At that point, it wo think you ten an amount and you do not pay we may report you as cWlntgvw. S ?eynswsn. end oruly your poymrwd and Ne lap potion of this shslwnwd in alto envekspse psrorided. De net sand Carte, 8y sending yyooutrr cheek w desaihed abew, ywu a ne us fe ua ittforntdian on efteek b maker an stlerAratdc rental hamlw 6om your aetouM d 8N Nrnwebl kwfpuNon inldlaeped en yanr cheek err ko the pwyanem vs o desk trantoalon. it Maymentr it p?ae?ss as an silealronia fund sty hprx6r wall rs of Nw cMsk. When rte uw Iniormrnlon hem your ehe?k bedmaJce en aleekanie tuxf na .hand. may your aaaounl at soon as the same day we reeelw your ptaytnett, and you will cal rssceiw you dtes# ham yaw firanatol intihtfon. The prasesirg of your paYmett may bs deleyd iFyeu sad Cosh, earespanniarcm «nsdner ihens wMh pd7ro«w If you send 16e pfaynsest b ?y+ otlrr address « iF you use m enrslepe eirw Nan der ante ptorided rsKeMd M ?preper ken d our preeassing ksdliy 6PM bed Nine on y ?y w111w etedYrd to your ?pu?r a? . Paymwils pt our ? hell?y a1w 5PM local ttmi WW pD. twdlNd b your Anotwxt a of Ih. Nw day It you 1imM min +d you ,sand you ppvoyymmell ro Discos, PO lax 6103 Coral Shawn, 4 t 97? F 09, Max. oFow 7.10 days tar delivery. IF your payment is"rduned upoid. we nsmrvm Nee rig?l b reMnbmit If ? eMr eleOMenfe debB. You can pay yaw minimum payment or a grader corouN ever Ne hleph w, and you tan set Up dltnmalIt peylments. Cek us at 1-800 347-2"3. You will need this 09temwt and your bank arewd Wormustiwt. You must ensure AW sullieww kinds we awilable in yaw bank actountt anal al transactions must comply with U.S. paw. You will be asked wfopvieicki in de the first 5 diggi?ts of your 06MO f slahmed ZIr Cade. Iyy N?iwhlg these numxw+ as yaw eledraric to this ouletarlmtton is allow 1x and your bank to stedud each payment you omftnse kom Tw' win ve acco t, and b n?nili?ab You must dqbb or credt e*i to your bank occornd, as ic", b coned an smx in the proeaun of IEM, us Ne amour of.x6 peyn,ad «you oan s err anwwt tech as tin hAinimwn PrtynlreDu1 dona on each ant. You can connl o howavw na ke at least dtree nce of Nrm speafrneodqu psa You may earl w by ph we at 1 ?7•?b93 or rnat id tin ?d in *0 ??sv,-n?s wry ou you mate indkaled on Ow m'a?ere am r? aqhowuebalit 4e. Ypur alpmoNt paymt ? amount maybe tanNan avdils a Mmeru applied dwtrrg the bt rfrrp cycle. Cro& We may repot in kirmation drat your Aceourt to asdk hureo n, tae missed PeYmtwn % or other deFrtls m your Aeteud maybe relecfed in your creckl.ranter. W. +nrw,noity . the *"A and paynwd f dshry of your AC m to credal repaNnp ag.rries math maalh. If You oeww that our ns nnoaa late or i waiint M. Phi" write us d the fd6wwq address: I stevw. PO Bw 15316, Wilmington, 0E I 9B 316. Mme indicate you none, address, home telepha i ramebw and Account number, NOTICE: 5eE REVERSE SIDE FOR IMPORTANT INFORMAYION DMOVER bISC6VER $3,001.38 o Minimum fktymeM Due Acwunt Number ending in 8109 I $241.e10 Enter Amount Enclosed Below N w den 1 2010 inimumm e" kWjLqjM asw , Curd. omowrt aAO, d w?f 03 SDSNBA01 000122y peym.ntt near mode ET hr soma ddy Mitt. SOCOM JOSEPH RUAHE MOB VA d 133 OYBATE OR inbrivolim r?anartma*ymcanaoce.e. Wlad MT HOLLY 5P6S PA 17065-2010 L«mmarOiddlacwercorr0paparin, PO BOX 71084 I{{m{latllnuslls{roll CHARLOTTE NC 26272-1064 Address, email orWsphpne chaW 0e ro ww.w.0lsce.en0m or print charge fn space obovt. ter{rller{errlellrerirelrlerrllllerelerlerlrellrelrrlrrlrlrell 000001486453473569130030013800000000029100 Uc•L aep"ftr 4, 3010 - cwsrta DqW. a Now Mom Cares Amunt Summary Account number ending in $104 Prwious Balance $2,954.38 Payments And Credits 0.00 Purchases + 0.00 Balance Tromfam + 0.00 Cash Advanem + 0.00 Irdered Charow + 12.00 Feet Charged . 33.00 Now galarto . 8 See Inter" Chap Colerrldlon radian following transactions for detailed APR informatlon Credk Line $3,200.00 Credit Lino Available 1198.00 Cash Advance Credit Line $1,600.00 Cash Advance Credit tine Available $198.00 You maybe able le eweld Intoned Charges, see Additional Important Information for dowls. Cas c 9otwse Anniversary Month May Opening CosNsock Boma Balance S 0.00 New Ceshbotk Banns This Period + 0,00 Coekwelk Benw Beketa S 0.00 ie leern intr., y in w ww+.fNs+ewr e.m 3 Easy Ways to Contagt Us 1. Aceett your aceoud seftrAy at www.Dlsty ears 2. 01.8 00 DISCOVER (1.800.347.2683 f kaa haw your Dlsewaree cad avee. 3. Write to ut at Dlseewr PO Bea 30443, Sal Lake Clty UT 841110 (Nat a payment address) FM Payments. ,w send to address an mmhfarce or Oircanr, PO Box 0103, Carol Steam, IL 60197-6103 For TDO {Fekoommunicofians Device for Ifte DeA assistonco, pbme cap I.800.347.7449. lobar 3, 2010 po6e 1 of 2 Paymalt Information New Balance $3,001.38 Minimum Payawd Due* $241.00 Prymw Due Dati Novembw 1, 2010 *Indudet pod due amount d $231.00 Lela Feynm A WmnbW If we do not receive your minirnwn payment by the den Wed above, you may have b pay a hoe be of up io 335.00 end your purchase wA l dl - + kansfr APRs for new nnnwtliow nay be Increaesd up to the Penalty AM of 20A9%vaiable• MiAMM Fw mw Wang: If you rake, only dw minimum payment each period, you will pay more in inbred and it will take you taper to pay olf ypur bdasoe. For etoaepk: OnFy dw minltrwm 13 years $4,181 Pay^ne+ If you would 116146"011a0 about credll ownM4ing Wvkes, Call 1-800,347-1121. Mmrlaw Your Account Online al wwwj)6c Vrr.emnt Access five online tads like Paydown Platoon to creole a plan to down your bak m sewmdy ecoess *9*, Ms, pay blAs online ant! easily track gM lraraataiora • AAaks yaw mosey worth more0A-find easy ways to cam and redeem Bash rewards • NEW1 Axes your ocom* mo mly duoagh your mobile phone Transactions Tnem. Pew Owe Oea' Fees Od 1 Od 1 LATE FEE $ 35.00 TOTAL 06 FOR IM BBIIOD 35.00 tnew-st t7.+? INMEST CHARGE ON K)RCH tSES s 3.u INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON SAIANCE TRANSFERS 8.53 NOTICE: SEE REVERSE SIDE FOR PAPORTANT INFORMATIOM 105tPH RUANr DISCOVER '?, Account numbs ending in 8104 page 2 of 2 Intl, mt C dirge CaQcifon Yaw Amoral Pmieraa8e Raw (APR) is the annual imereA rob an you...... e. Cwm M iWlhq ": 30 deys SUURM TO ANN1fXMCDUAGE TYPE OF RAMCE W REV OiAM I I T? Parrdmesa 07/2312010 end sillier 15.99% V $64.77 $0.66 07/22/2010 dad prhr 10.94% V $290.52 42.61 Cuh Atlvaxn 23.99% $0 $0 Idwr, Trwnbrs 3,9496 $2,604,88 $6.35 V . Variable Rate Do" apply 10 non p+emoNenal purthabt and to expired promotions whir slat dabs within Mn spratified dale range Addibnal b 4m lrM haqunsetisn see your Cw4rnaebr Agrernanf. Your Con*nember Agreement contains all nn terms of your Account. lest w stolen cods. kgwO immedWelyl Col 1400-W-260, MMW To be N You Tlsfnk Yaw Fad A Milrlsike On Your Akdownst If you think Ihaa is an error on yaw datmrrenf, wrk to us at, Discover, PO box 30421, Sall Lake City, UT I4130.Od21. In yarn bier, give us the fdfoaung iniamdiont • Account information, Your name and WOW numbes. • Dollar amount. The dollar amount of tin impeded error. • Orscription of Problem. If you think ihere is on error an your bill, describe what you believe is wrong and why you believe it is a mistake. You mud coMad us within 60 days after do error appeared an your Maiernw. You must notify us of any potential errors in writing, You maayy! cat vs, but if you do we am not required to imreiigab any potential errors and you may Iona to pay the onlpmt in gwmon, Mile we Imseilgab whether or not Ohm* has been an war, the following are true: • We cannot try to coped the amount in ques ion, or mpad you as definepmnt an tint amount. • The charge in quo Pion mmaoyy remain on year sbbmee/, and we may continue to charge you inbrest on that omwnl. But, if We detemllrn that we mtlde a mtdake, you win net hone to pay i» ameav in gwdlen or any Inlered or other (as related to that amount. • While you da not haw to pay the amour in que0ort, you are responsible for the remainder of your balance. • We can apply any unpaid amount agalroyaw aedil limit. Yew ft his N You Are Ollees"W WFl/s Yaw Crest Cw4 Fun I - If you are &ssafisfod with flo goods or services lhd you base purcfwsed with your credit cord, and you hove tried in good faallh b oerred the P ^ with the merthornl, you may hone the rtghd not to pay the mmatnrng amount dve on the pwdwm. To use this right at of the following must be true: 1. The purchase mud have been made in your home elan or within 100 min of you arrest maling addi and the purchase price matt haw been mom ion $60. fitlebi Nodhw of #x re necnowy if your pAdon was bated an an Wyeshmn l we mated to or If vat avm the company a sold you Ilte goods or srvion.) 2. You must h&4 oeoesw used y a Crtmdni card edit card I& occow ? do not quill mode wah cash advances ham an ATM or wilh a cheek 3, You must not yet ham Fully paid for Am purchase. IF all 61 the ~16 db6w aN mN and are sit dbsdlik6d wth the purchou. Contact us in wrhhg at: Diso0w, PO Box 30945, Sall lake Ci?y UT /41940943 Whie we i wiHa soma tulaa to *4 d%VWW amount as discussed above. AftN we finish our invediaaian, wllI hill you bur d6dt : At IkM palm. If we IhWr you eau an amount and you 416 nal pay We may report you as delinquent. Paynxnx. Sand ordy you payment and the lap pp?rttton of this staMment in the envelope provided Ito rust sand cosh. By sending yax clack w dasctibad above, you autarize us ro use itAormalian on cbrerdt b matte on anio fund kaafer tram your occoud d ire Bmncid insfRhAion iasdiodrd on yaw chuck w to procea fh. pwlynmet os a duck fians6eiian. fF ?eysnr? is prvaered as on declranrie turd irarafr, ire kvafr wrlbe br IM arewurst of Mm Jack. When we use infdmdian from your crock b make asn detiran a Fad toaster, funds may toe wahckawn ham your accard as sawn as tYhheesporomee coy we myewei?m yew payrn.r, and you w ll ref rsKsive yaw dr.ek bode banotylas?wr Fnrereiol iraik4ion, i you sorrel Nr pay?mar?i to wry?vdd far y?v alit wbpi cuter Pranaea Piynwts Irr mowed ht proper tam d aw paessurg toothy 3?M kxdlira an try d?aayy. veil he wdibd b your Aaaur?l m pFlhat deg. ?ayrnrrb received a our procwstng faally afMr SPM bowl inn w116e credited b Aaount m of the ?teot clay. Ff you haw misplocadyypouur axtve{ope srssd your payment fa Oiscovar, tst7 Botc 6103 Gaol Stream, R 60197-0103. P4ose chat 7.10 days for ddrvay. i your payaresa n unpaid, ors reserve ire rig?a b msubmif if as an elethdnit debut. You urn mirrimum paynent v q gredr omonurt 0vr ire telephnorr, crud you can set uP aubsndic payments. Cat us at i.i 3 2683. You wrq treed this sklemeM adYeur bank atealyd I des You mttd ague Ihat arllkwo keels en evoilabb In yaw bark etaaurl and all Irenmtliem mud ?wlh U Smlaw Yeu veld be asked 0 PPAde the first 5 il is ai your oar ter xt staMmerA cads. ing Ifwse tp era aAechpanic , you will be o nor Kok accaaeM, and to mltl mItIale to phi. Iwrixdien b wand y«. h.nnlr b orals poymrwe yea • ham Zan dbi a cmdM ririu b brink eeewarrt, meable, ro eenuet an error in Ilse pronsswlg welt pa?rttenF Yov mwd 1sA W iN amount 0f each peymtmrt or yw urn an anoust wsds ore Yw Minimum Poywmnr Dbe or ft ew Balance on .ocls AxiemW , You can cancel o -dk however we mud mcaw n611ae at least 0aee burls a 4 in advance of *us scheduled page You may spelt w try phone at 1 26$13 or my at it gddrass l sbd In 11+ p {pis perWtiph. IF your, wry in amoaA. wr will teiy ou en each r NsFalemaN vAtws ytlw rA will be moth a dhow much rWYarAamd emawt may be Nx *49 Indicated on the nt based an payments i hi"filled . "as thowlinil Cycle, Cmdi fteparlig. W? may mpen Information about yaw Account to credit bureaus. Late poymaMs, mixed paymrds, or anther ddnuts M your Account may be mfkad.d in yon ere& rr..ppra1? W* normally report she ovim 9W Pormi history of year Ataaant b credo reporting argersems each much. Ifyeu bataw OW ov report is inaccur r kxom please write w at the folowin8 addmes: Due6rer, PO Box 15316. Wi&ninBtan, DE 19350.5316. I'lease IndkM yaw name, address, borne WepFone number and Account number, NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ER DISCOVER Now flolonce $3,049.92 Minimwn Payment Due Account Number enamg m a I W ? 5352.00 Eller Amount Endocod talow _ Parmni Due Date s O h 1 ecem er 1, 20 0 Pleme make Mir"Um cheek 61P 1p Ofr Card, Inuu yas? f tY ? amamf a $? 00 ? ?i? . . mull be mode $ OOpm ET for sumo o3 SDSNBAIII DWI MO JOSEPH RUANE 133 kftiSTGATE DR Ir to mills nweaecwewith poesavard. a w? lonviIali MT HOLLY S?GS PA 17065-2010 Learnn+era PO box 71084 IIIrs+16rslLrs+r??rl+rs?? CHARLOTTE HC 28272-1084 Address, e-mail or lelephom chanyw ?? (? ?? l l IIII I I I II I I I I N r a h h r m r uh u r w u f u n u +r n u r u Go to wwwMieeveerAem or print change in Woos above. 000001986453473589130030493200000000035200 Opening DoW Odobor 4, 2010 - Closing Dale: Novo Discam Mom Card Account Suroleary Aecane number ending in 8109 Previous Wkrxe $3,001.38 Payafenis And Credne 0.00 Purdmu + 0.00 111okm. Tfpns6rs + 0.00 Cash Advances + 0100 Infest charged + 12.94 Fan ClxrOsd + 35.00 Nave enc. ?"-s9,049.?2 ;ve Intvna Charge Cakvlatfon section fdbwing koreadione for detailed APR in6rnallen Credit Line $3.200.00 Credit Life Available $0.00 Cash Advance Credit Lila $1,000.00 Cash Advance Credit line Avoi666 $0.00 You may be able so avoid Werad Charges, we Additional Important Information (or details. Cothba& Bathe Anniversary MarA May Opening Cashbook Bonus 606M S 0.00 New CaWx dl Soma This Period + 0.00 ??+ Refeece S 0.00 Te teem nee, toe N afvrvvwAhaovenewn 3 Easy Ways to Contact Us I . Access yew 0c Wes! securely at feww Dtlfeer tera 2. Ca$ 1 800 DLSCOVER )1400.347-260 Plate hwve yax Di ww0 cord or i . 3. Writs to us at DkamJ0 PO Ya 3043, Salt Lake City, UT 4A I 0140 a p0yaent address) b overwar, PO &4 100 Sksom IL 60197-6103 Far TDD gelecommmicdions Device fqr the Deal] oasis-, - , p" eu& 1.800-347-7419. Hasa 3, 2010 page 1 of 2 frWR Mf InfarllW!km New Balance $3,049.32 MWavurn Payment Due` $352.00 Payment Due Dente December 1, 2010 •inckrdu pad due amount of $291.00 Li hp w o Wand"; if wa do not receive yaw minimum paymaet by On data Bead above, you may have to pay a We in of up to $35.00 and your pwalrow and bo" aanshir APRs W new aonsomons may be increowd up to the Penally AN of 20.99% variable. AV:.ure Payererd Wanly: If you make only the minimum peromal each Period, you will pay mare in intend and II Will inks you layw to pay elf yaw bolatioe, Par emople: Only go mialmum I 13 yaws I SARA 1 If you would like inlowdlion abohA credit counseling services, cal 1400.347-1121. Mo mp Your Account Onillw rd www.016covor.ear • Access kse a1Rne took like Paydwm Plower b weals a plan ro pay down yaw belame, weunly access dohm,m", Pay bats amino and easily hack all Manmplons Majle your monry wafih efarelim--find easy ways to corn OoraWt n demn cosh rewards • WII Acre your accoud wclxely tlxargh yax phone Transactions Tyr.. Psd Doe Dale Nov Nov I Nov 1 LATE FEE $ 35.00 TOTAL FW 1110111: THS PERIOD MA Yrwedifrsnyd 1NTERESTCHARM ONPURCHASES $ A.10 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE T0NSFERS 6.84 NOTICE; SEE REVERSE SIDE FOR IMPORTANT INFORMATION It pop 10 DIMMER CVER USCOV JOSEPH RUANE Account number ending in 8109 pogo 2 of 2 Interest Charge C ikukition Your Annual P•re•dog• Rob (APR) is the awk,al interest rant en yaw account. Caroms billktq Period: 31 drys TYPE OFLVANCE A U_AJ_PHCENTAGE ' Vim! Pwd s FI u?iCf TO MIST 1ltE INf1ESTCHARGE m .e 07/13/2010ardsitar 15.99% V $104.80 $1.38 Of/22/2010 end prior 10.49% V $293.18 $2.72 Cash Advances 23.99% s0 110 lelanas Trsesfre 3.99% $2,413.57 $8,84 V e Variable Rate • Dates apply to nompromaliond purchatp oast to oVir d promotda wlAi start darn wilhln de specified date merge AddYieatd re/esreer MleleseNM See year Ca simorttber AgmenwN, Your Canknombor Agreement e6rdains ON the forms 61 your At eauil. Less ar, olden cards. Report immedkwo Cal 1400~147.460. What To Do N You Mi sir You Rtsd A AYrMke On Year S eelnwessr If you think them is an error an your staterrmd, write to us are. Disomm, PO Boa 30421, Salt take City. UT 841300421, In yaw father, give us tr following infarmaiian: • Account {nkrmation: Yaw rromo asst aecowt number, • Dolor ornount The dollar amount of she suspected error, • Description of Problem: If you think there is m error an yaw 611, deseribs whd you beiteve Is wrong mid why you believe it is a mistake. You mind e6Mad us wlritin 60 days after this rotor appetred on yatr sidemear, You must notify us of dry polenfid errors in writing. You may cal us, but if you do we am not required to Invedigale any potential ertoa artd YOU may have b pay the amount in quedian. While we imedlpde wkslh.r Or vial Iles,* has been an wear, the following am true: • We cannot try to cabled the amount in question, or repast you as delMiqueM an fliat dneuM. • The charge in gunlion may remain on yaw dd.nird, Deed we may ea fir" i6 charge you IAW*d on that amowM. but, if WE detrrrn vie Nws w. made a mistake, you veil via haw to pay the amount in question or arty Imemd or 90wr fees relobd to Ihal amount. • While you do not have to pay the arnoad in question, you am responsible for this remainder of your balance. • We can apply any unpaid amount against yaw credit limit. Yasrr fthis If Yav Are 1.14ptlin4eel Wdh Yaw *ad# hlerel wmhmes If you are dissatisfied with the ggo?ods or services iliac yea haw pwshosed wdh yaw credit earn, and you have tried in good faith to coned to problem with Ile rr rchco you may have the rigid nd to pay the mmalning anioud due an Ow pwchasa. To use ibis right, aR of Ae following must be true, 1. The pwchwe marl haw bs.n mode to yaw home slate a wilhds 100 mtlee of your euwert mailing addrea, aid th!.PwdKrtp cfirto!. mt wv!, bees ma,, titer 550. rLlort Neither of °^ n•a•etdY If year t_?....... .. bbs?if'ori sirs nt m2. tt emdH eel ATM ar.with a "maid card oaaunf do not ywify. 31 You mud vier yet hew fully Paid for ter pnechme. if of of the uilerio show de mss and ere ail diseditfled wUh Ile purchaw, eonlacl us in wriFin d: Diseewr, PO Sex 30945, SaR A. C r, UT 841900945 While we imatigals, the same rules apply le Avis disputed amount as discussed above. After we finish w ro wham you decision. At Ihaf point, if we think you owe ad amount ail you do not pay we Payrnrnb. Send Only Your paymed and the lop portion of lift acoo wt in An envelope provided, Do not send cash. By nndlna your check as dnai6•d above. you aUrlasiz• us to use inkmiation on gave dealt ill make an elodnenic kxhd uamier ban your ocorsttrt at Eve R sari irwNlWion as us led on yaw chock .or q ?roeeu the pgy?aeM n a cheek trareaellon, It Dogmas is processed as an e4ckordc fund Iromfr, tn. transfer wiNbe for the ampunl of the check. When we use iniormotton foam your circle so make an slechornic fund transfer, fords may be w foam your aocaurit a am a Nhresporme day we re0eiw yaw poymsd, and you will not receive yaer check beck irommwi idtrinyMai,Mr ion. TserW ihsgwd yO11f PnYmwt may be delayed if you sued cods r am?ro"de'K• i•mso metiF+ naNwdpaY+ fond, tprop b wry etlnr pr if use m en farm d ou messing NWAS-'M. boo! dry wiNSPMN• on load pmto DiscPO Box kum•d npeld, w• mntve Ate rla{il to mwbmil if as on eksdronie debit. You can ppy your minimum payment or a greater amount over the lol•phoris, you can ears up awomilie poyme it Cal us at 14'00347.2683. You will read this tltnei. and yyo?uur bask acaattrt in ? ion. You mud •nW. Anrt dlRleled funds am available in year bank account and all trargocliam Oven FRAM with U.S. low. You will be asked so tar first 5 !!lilt at your account statoino t b code, B enters g r od leslefuns, you will be ows sing b IN. aul6wimtien b oflew w oast your bank b each payment you Ai seeouN, and b Mate debts a credN enrriea to y?r bank «caud, as , b eamal an error in tlr prawaorq of suds p?y?? Yvu mud sari w the aasount of each paymsnl a you can selep m ananM tuoh as tar NNnknum PaymeelLAr ar Nr" hh Oalanee on ooel+ sres.nnerr, You mn cancel a however vr• mute receive rnarie• ai st Ayes days M advalvae d ter sclyduled You may riots w by phew d 1•t00.347.2683 ar by revel d Ate pdrsa?h. IF yovrownwnb wary m amaeit, vas veil hl you on each ?np? lobrwt vs?eA rpw veil be mode and ho muds it veil be. Yoix aubnlolic pWnwt amaad may b• hr IheN (ndloded an the bawd on eredllt er tseymorts applied d•"'g tlr bi rig cycle. Credit Reperteg. We may mpdr Irnlormallon about yow Account lo cr•dR bureaus. Lois missed paivit" , or 00 Other de on your Aoiowt may be reflected in year Mdli.mporl. We normally mperl Ito #*A and poynwt 6islary ei year AeeeuM to credit hog ogsneies coed marsh. If you balsam that our m?e?T It in mcwoNh or ineeaapiste, Pbose Wrib us at the foManing address: Discover, PO Bons 15316, Wd'mmoon. DE 198543316. Ptiaae indiea s your name, oddr.ss, home ielephorr number and Accovr m+mbr. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION New Balance DISCOVER $3.097.39 Minimum Payment Due : Account Number ending in 8109 $419.00 Enter Amount Encioud Below POW Ow DaN y $ J 1 2011 erwrery , MMwse make O yai hiP tp pisoava Card, i W j u w o9I ii392 n mum nc pa's e O ' U ?n ?d '°r^e y ? 0 f SDSNOA01 0001Yi1 aoet ° inp da? JOSEPH RUAHE 133 YE57GATE AR Clop irYesandmakeyaurltgrptptt nammwere sea n vsE11 Pusw- HT HOLLY SPOS PA 17065-2010 pprreNdaA 00olments a11y you can amass. LeamMOM @Idutever,easslItisapastilessa. PO lax 71084 lllurllusllunellrlnsll CHARLOTTE HC 28272-1084 Addrew. e,1wY or IeMphow changav IrddlrtlrrrlrllrrtLd,lndllltttLrLtlr,ILt6dnl11nll Go to wwwMetworxem or print cho,ge in span obw4e. DOODO1986453473SE9130D30973900000D00041300 wo6ar 3, x010 aloft mn: mwmw 41291 u - -2!&2 M111114. Be ?r Mar. Card Aaaunt Summary Aecourw mtmbsr snding in 8109 Previous Balance $3,049.32 Payment And Credits 0.00 Purchases + 0.00 Bala tcs Transfon + 0.00 Cash Advances + 0.00 Ireererl Charp.d + 13.07 Fees Charged + 35.00 M.w-Ba . ,ov33o See Intone Chop. Caleulatia, se Ogn Mowing transactions For detailed APR Infar w6n, Credit um $3,200.00 Credit One Available $0.00 Cash Advanoo Credit Lim $1,600.00 Cash Advance Credo U- Available $0.00 You may be able so avad Interest Charges, see Additional Important Informallon ksr details. s a& Barwe• Anniversary MeA May Opening Cahback Bonus Bala,ce $ 0100 New Cashback Bonus This Period + 0.00 llereeeea» $ 0.00 To Man e,ae, ky in.l www.0lsnvermn, 3 Easy Ways to Conlad Us 1, AccW your aeeottrtl eeetweFy at www.d:cevaresrn 2. 114M DLSCOVER 11.800.347.2683 Plus. how your Disaww0eetd etval, 3. Write t9 us at txseonr PO Box 70947, Salt lake City, UT 04130 (Not a payment oddness) For paymews, w.d t, e+l+.... e•• •-• * do.w Discover, PO Bas G 103, Cod Stream, IL 60197-6103 Far TOD (fele0ammunkatim Devito for Ste Deaf) owsum", 0"ie call i4W 347.7449. payment Iniov,ln01611 Now 6alwKs $7.097.39 Minimum Paymard Due v $r! 19.00 PaymW Due Due Jammey 1, 2011 •Includee parr due amaum of $352.00 lee Pryrwrd 1011tmnlinip IF we do rtat tooeive your minimum payment by 1M deco kswd abew, you may Iwwe to Pay a lets lee 91 uP 19 $95.00 antd your Purofwse and I in , trarrder APRs ter new hansatli e. I law inueo d up to Ow Penalty APNt of 20.99% variable. If you would like inkxmalion abou credit mmulln0 whey call 1.800.347.1121. Mamump Your Account Online at wwwAiscWW.com • Acpcay w free onlim 1996I1ks, PPaayd?y own Pk~ to aeate coon biM onikald aaltrack dl team aftess sic pay • Make your matt' wadts-W-find easy we" b cam ad rednnrn cash sword • NEW ?? you account securely Omagh your mobile Transactions Trans P.a Dr. D. Fees Deg 1 Ow 1 IAT9 FCC $ 35.00 TOTAL FEES 1101 TM MIOD 55.00 Internet dearpnd INTEREST CHARGE ON PURCHASES S A.48 INTEREST CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 8.59 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION DISCOVER "°'"' 1. RUANE ? Aeeo nt eumbv ending ul 8109 poW2of2 Intamt Charge Ca u 'on Your Annual Percer" Rob J APR) it the moval interest rate on yaw account. CunMM Nkrg IbrimL 30 drys TYPE Of BALANCE L PIEKENTAGIF NNU 9XIICCT TO &VANO ME U CHARGE A RA Purdtases' 07/23/2010 OW sher 15.99% V $137.48 $1.81 01/2217010 wW p6w 10.99% Y $295.87 $2.67 Cads AtImm" 23,9991 $0 30 Bal.re. Transfers 3.99% 52,62218 18159 V r Variable Rate ' DOW apply io non{xamolional purchases and to wired promotions with soon dole wlhin tw spedhod dab rv¦sge liddiitmel krgrrba/ Wommdfon See yew Co III I - ApeesneM. Your CoMmember Agruensed eodains all the forms of your Aceoud. WIT Or 4101011 ends. Report immediablyl Cd 14013 4W.2M, %1w To ft if You 1h&sk You Ftod A Mkft6 On Yaw Maitonstint If you think there is on error on your deemed, writ. to us a: Diseow, PO Box 30421, Soll Lake City, UT 8413WA21, to your letter, give w the Wowing intimation: • Account MFomiabon: Your name and or eowi m bw, • DoN« amount: The dalkw onmowt of tlu SO3fs'cf'd mr«, • Elonniption of ftlslenr: If you thlnk there Is an error on your bill, describe what you beRave is wrong ad why you believe it is a misbke, You mud contact us wilhin 60 days after in error appeared on your oviemoro, You must naify us of any Potential weeft in writing. You may tag us, bur if you do we are not required to invest" any POVO d cream and you may Iwve to pay the a010urrt in gwstbn. While we inves"os wtsdter or no gsere has been an error, the following am true. We cannot trY ro cdfod Nan vmoud to question, or apart yar as deletghwrit on that amount . The charge in mmaayy remain an yaw s"' oral, and we may continue to chow you we" on cwt amawo, But, if W! deter We anat. a misloke, you will nd how to pay tin amoud in question or any koervat or odrw fees relceed to the amow ount. While you do no have to pay the amain in question, you are responsible for the remainder of your babnte. • We can apply any unpaid arnaud against your credit {prin. Your Rights N You Aar DfaaNeflerel Whit Your Crests Card purcbo.ee If you we dissatisfied with the or swvkos stand you hove purchased with your credit cad, and you Iww tried in geed liahh to coned to prehlem with H» merehad, you may haw the no ad to pry the remaning omoud due on the purchase. To use this right, of of the fallowing roust be Mw: 1. The putehow must have been made lei yexw home slob or within 100 miss of your curved mailing address, and the purchase price muv how bwm mar dean j50. gJnrte: htsldmer of 1lsesr ore nrceaary If yaw purdnase was based as an alrenisarnM ere waded to you, at if we own to company thoi said you the goods or saVi m l 2. You mud he" used your credit cord for the purchase. Pwchoees mad? with cash advances from on ATM or W* a check that owases your credit dad auant do not gsagfy. 3. You must not yet have fully paid for the purchase. If dl of the criteria obave am met and you am slag dissatisfied with the purchase, cordoct us in writing ate Discover, PO Box 30945, Soft Lake Cary, UT 841300945 While we immligate, the some rules apply to the dapened amount a dhcwted above. After we finish our inwttgation, we will tote you our datiswn. Al that point, if we think you awe on amount and you do net pay we may repan you as delloclow. ?ayleherrts. Send Daly your payment and the top p ,s of thb sta10med In Ilre envebpe provided. Do acs seed cosh. By send'ng check a descrp? authalu I» to ua ksienndlen an your cheek se maim to ekctronle fund rronsibr am your occoud al iha ial irMiMAion itdirdd an your dheek or b ?a?ew da popmont as a check hansactian. IF rymed is as on sfeciratia {sand kamfw, the hons(er wiN be fa flee aaawi of tan dock. when we use information from your truck to woke am electronic fwd horabr, kends maybe witdrareh tram your account a soon as IM sat the day ate rataiw your paymsd, orsd you evil rrCt naive year check bock from your firlvncfd iitskhrtion. The pro??ssirg of may be debyed l) you send oath a penis with ye IF you send Bu polned o. ?nilw addeu w iF y1aouu use on vnlvpe otrer?otw PaYinenq r r In proper tam d our proeesalr% tliy 5PM kstallisru on Dry day will lee ag3bd b yaw Aetormf as dF the day. ?a?aria necriwd d our tr6p rig aker SPM bowl Hate wiR fee to yaw ActwuM as d th? Mti day. If you. ew Diecawr, Pte lox 6103 Dora Sheom, ll 60107161iS3. Phase bw 7 -10 mieced?? yYoeuur envelope, sad yaw payrrwt to doy? hr delivery. N your paymano is rMUrrted u?toW, wa reserve the to reudsmil g at an sNeeronk rlebft. You can My', year minimum peym«?t or a grader amount over the fofephaM and you can most up odtsvnalit Pat onto. Call us of 1$4?77 2663, Yost wog need this aafemen t and your beck twowtd )n Mt.. Yau m eitsua the suffeefed funds am avaMA fn your bank ocew.* and all frataadioa wit =Wt You will be asked b Bard. the first 5 digits of yaw aaou t ssdrnent 210 code. By catering peace as•?aw .Iectrormic ' You w tea afiresiryl io Oda oahoaxeilen he allow us end your honk he d6dUd realm PermieN Vat' ordWAM ham Yaw account, and to mnhate debtl at credit em via Its yaw {tank aeeourtl, a appYeableI be carted an error in tar process nsdi yI a?shart. You mud lei us the amount of each payment or you can sei¦rf a, amount such as On Minimum roymmr Drat oe Ifw New Bobrxe at nusdm dofonred. Vou as" care.! a 7 we mxat rooting noiit! d least three Woma data in advance of Nu or by ,an at IM ?d In the seh.dsled payment. You may nallfjr us by by P at 1•g00.W-201{5 al paragraph' If yow payment wry m omgLW, wrewill kAyou on exh daMoe N Mlsevs yon wW b. mad. be. lBtrtp amount may be (as than ndicaed on Nu d based an am now credits or mpoysn a, piplied Y during oulamok , d Cndf brporikrg. We may open Information abaft yaw Account to credit 1Nwaws. late missed poq*n.rts, or 14 16 dduri oat erN hlreay of dh« deWub on yaw Acwud may free mftectsd to year credit??p,p?r? We rlwrnaBy yaw Account to viodii ri porpr% egAKlea each month. If believe NO our report it ineaunAr« Ingo , pleals? write us dire fegowing o4dryer Waiver, PO flour 13316,1Mirninglon, DE 19950-5a 16, Heoae inducts your Ante 001110", home lelephaw number and Accout aumbw. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION EXHIBIT "B" H. d a 4 r "o WIOD? `4 o a z?+, d? QN m ?? 0- le, W r) ?? H d z oG W u L r*' Q a ?- z 4• '" ON a s g? x00 W 0 0 L O I e a ?c a C? ?7 {? V W a ? C? ? Q -nr a4 ? f r r. ?s %0 kq ?? /h .p B r r. .kj4P. ,? q O t.: RR 91 V. v S a N 0 u T- sw EXHIBIT "C" DISCOVER YOUR DISCOVER' ACCOUNT CARDMEMBER Ata1tEEMENT ................ Pa"S 1-13 The terms and conditions of your Account, including how we calculate finance charges, our fees and an Arbitration of Disputes section. You have the right to reject the arbitration provision with respect to your new Account within 30 days after receiving your Lard, as explained In the "Right to Reject Arbitration" section at page 13. PRIVACY POI.ICY .........................Pages 13-16 A summary of the personal information we collect, when it may t1e shared with others, and how-we safeguard the confidentiality and security of information- You may limit our sharing of such information with others as explained in section 4 of the Privacy policy at page 75. BIWNG RIGHTS ............ . ............. Pages 16-17 tMWI%M information about your rights and our responsibilities under the Fair Credit Billing act DESCRIPTION OF COVERAGE ... . .......... . Pages 1tf-25 The terms and conditions of the Scheduled Air Travel Accident Insurance and the Secondary Rental Car collision Coverage that is provided at no charge to you when you use your Card to purchase airline tickets or rent an automobile. GLOBAL TRAVELER'S HOTUNE ..... . ............Page;5 The terms and oonditipns of this frcc travel assistance benefit. 02010 D160War Sank. L%tnbw FOIL I'L22AG.0210 1 II)nCMfl?o:s{41c.TI.7;(AfiP210 01391 rsMSrAntill 1.2 1211SM9 1:36:1 PM CA1tbMEMB01 AGREEMENT Pkwe PAd this NMWM t Mfkk )adore ushsg your 0'--* Card AtoMot R cceeakls the farms and mrditions of yew A mL sage of whw may INNS *mow from eager mane" Peovidad to you. In the west of My dlffwwsaar Of ABubwusl"tonbd We -W Mm prk" Sae the kiNw>1 Wd" on t0 wel ow hihnty Policy for 844Btiotsel infartna0ft N NMY?af? cf w(ftl 0110101011 bduda a v MW of a nuWw of rtplw. 1h 11?m to a jury tnaL The Right to A*d AfMtadon iw*m 00 tlr0 psotedue you m9ust fat Dnw ff you desire to rjeotthe Atlttaadon of Dypua "W1ion. DEFNTPONS ................................................... 2 USWG YM ACCOUNT ......................................... 2 You Aaeptma of this AWK wnt ................. ..... 2 Permitted Uses of Your Amint ............................... 2 ProbilAed Uses of Your Account ..................... . ......... 3 Purtim and Cash Aik arm in Foreign Currencies ............. . . 3 Cash A&vh% . ......................................... 3 Balance Transfers ..........-1.11.11- ...................... 3 Credit Atstho Indons ..... ".. "........... " ........ 3 AuthodZed them .. . ....................... I'll- ........... 3 Unaut1wIzed use .......................... ""......... , .... 3 Your Cmdk Llm. ........ "". "...."...... "........ 4 CHANGES TO THIS AGREEMENT ................................... 4 MAKING PAYMENTS ................. . ........................... 4 proasifeto pay ............................................. 4 Mon BiNkrgstatement,..,, 4 Montl* Payment opdons .............. ". ".... ". . Morna Kew WeticApppply .:.........: : Mlhlhdm Monthly PgMWTL . , . r Skip-A-PaW mt Offers .......... . ............................ Gedir 84wec ............ . FINANCE CHARGES .............................................. I How We Cakdate Perlodk Fhuhce Charges ................. . .. I How We Calculate You Balances ............... . ..... "........ I Variable Interest Rates, .................................. . .... Default Rate. Cash Advance Transaction Fee Finance Charges .... . .. . . ..... . .. . I Balance Transfer Transaction Fee Finance Qwrges ................ I Foreign Currency Thmu ctim Fee Finance Qurges ............... I Minimum Nnaro Charge................ , ... ",,,,,, , ,, , ,,, ,, , Account Setup Fee Finance charge ......................... PEES ........................................................... i Annual Fee .................................... . Late Fee. ... ........" ................. ""........... Returned hymentFve....................................... Retuned Dkuw Card Chock Fee ............................. payBy-Phcne ................ Research Fee. .................................. DEFAULT AND CANCELLATION .......... . ......................... Types of Wauk . ..................... es of Default. ilon. ..................•............,.... G PRIVACY AND OUR COMMUNICATIONS WITH YOU ... . .......... . .. 1 .1 Our Privacy Policy .................... Reporting to Credit Reporting Agendas ........................ 1 -1- I ioDCMO_o2U01LYL22A402re_01361_roadar.mda 34 12115mg 1:30141 PM our Comhwnications vim You . . ... . . . .... . .................. 10 Relea" Information About Your Account . ... . .......... . . ... 10 Etedromc Naticesto You . . 10 Notices - Changes to Your Information .........................10 CLAIMS AND DISPUTES ....... . .............. . ...................10 MerchantDisputes ..........................................10 clalmNotices.............................11 Arbitration ofD'chutes .......................................ti Right toRAWArbitration ...................................13 LEGAL INTERPRETATION OF THIS AGREEMENT .......................13 Severadgty .......... . .. ... . ,13 Compliance with interest Rate Limitations ................. ...13 Gomnmp Ww .................. 13 ASSIGNMEPOFACCOUNT .......................13 DEFINITIONS "Account" means your Discover Card Account. 'Authorised User" means any person wham you audwite to use your Account or a Card, whether you notify is or not 'Card' means any one or more tilscasw Cards issued to you or someahe OR with yyourauthoniration, "PrWng kheduIt' means the dW.Wrietn akxanpanylrhg your card aid listing the Finance Charge rates that apply to your Account The Pricing Schedule n pail of this Agreement 'We,' 'us' and 'our' refer to Discover Rank, the issuer of your Discover Card. tau; 'your' or "yours' rrfor to, in addition to you, the Gardmamber, any other person or persons who are also contractually liable under this Agreement. USM YOUR ACCOUNT Your Acceptance of this Agreement. The use of your Account or a Card by your or an Authorized User, a your failure to canal your Account within 30 derys otter receiving a Card, means you accept this Agreement, including the nit of Disputes section on page 11. You may, however, rojed the Arbiva*n of Disputes section as explained on page 13. Permitted Uses of Your Account Your Account may be used for: • PWehaath - to purchase or lease goods or services from participating merchants by presetlting your Card or Account number or by using promotional clacks, which we may furnish to you, in accordance with such additional terms and conditions as we may offer from time to time. • Cash Advances - to obtain cash advances from participating automated War machines, financial institutions or other locations, the purchase of lottery tickets, racetrack wagers, vtluchen redeemable for cash or tux casino chips, money orders traveler's chocks, savings bonds foreign currency and wire transfan, or by means of chocks which we may furnish 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 aedhors or to make 0111ef transactions by nnears of balance transfer coupons of die" in accordance with such additional terms and conditions as we may offer from fink to time. In addition, your Account may be used to guarantee reservations at participating establishments. You will be liable for guaranteed rorrvatios that are not cancelled prior to the time speck hied by the establishment Your Account may be used for personal, family, household and charitable purposes. •2• Prohibited Uses of Your Account. Your Account may rat be used to obtain loans to purcfate, carry or trade in securities to pry any amount yyoouu owe under this Agnemerrt or for any trantediou that are unlerrhd wham you reside or where you are p looted when you use the Account to initiate the transaction ('?'t?d Transacti sre" Pi 6-n- and Cash As hrarucea a Fateign Cunahces If you make a purchase or cash advarKe in a foreign currency, it will be com orted to U.S. dollars using *dw a gowrmNntinandated rate, a povermnMt-publishoid rate or the rnnerboric exdaoge rate, depending on the muntty and clrrom in which the transaction is made. The rate used vAl be the rate in efhct on the cOmVlraiart date for the transaction, which may be different than the Transaction Date as shown on your statement. We charge a Foreign Currency Transaction Fee Finance Charge for each purchase made in a foreign temerity as described in the Foreign Currency Transaction Fee Finance Charges section on page 8. Cash Advahcee. Vase may periddiea,Ig?y At you romotional rates on cash advances for the time period speatied in the offer, subject to the Default Rate seMom The offer may contain a Ush Advance Transaction Fee Finance Charge for each cash advance. Valance 7=1114ls. We may perleditally offer you the opportunity to make balance transfers from othtraedilors or to make orchid tranwilohs to your Account by means of balance transfer coupons or dtedcs. Each offer will contain a promotional rate, whkh will be the Annual Percentage Rate that will apply to tramferced balances toe the time perod spedfhed in the offer, subjvd to the Default Rate section and may contain a Balance Transfer Transaction Fee Finance Charge for each balance transfer made during the term of the Defer, as disclosed in the offer and as set forth in the Pricing schedule. If applicable. Balance tramfers 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. N you attempt to transfer balances by nhearls of a check after the iration 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 Au wizzlicim Certain transactions wil squire our authorization prior to completion. In some uses, you may be asked to provide identWotion. Wehave the right not to authorize atransaction for security or other reasons Ako, if oLr authorization system a not working, we may not be able to w0wire a transaction. We wIB not be gable to you if any of these events happen. Authorized User: If you want to canal the authority of a current Authorized User to use yaw ACCOWht or a Cud you must notify us and desray any Card in that person's pone shon you can notify to by telephoning 14BBB41KCOM (1 347.2683), or by writing Discover, PO Box 309/3 Sell Lake City, UT 84130-0943. None of your rights under this Agreement (other than to pay amounts owed) may be exercised by any person not a party to this Agreewnt acting p want to a power of attorney, without our separate written agreement (which we are not I kwWhotaed Use. Prior to its use, each Card must be dgned by the person to wham it is knad. If a Card is lost or stolen, or d you t kic that someone is using your Account ora Card without yourpermisswn, notify usimmtciatcly. You can notify us by telephoning 14*OLKDM (1410347.2623). or by writing Dkcover, PO Box 30943, Sak Lake City. UT 841300943. you agree to •3- 1oDr aco o250K n2aADO2+o olsai..ro,a.r.ined 5.6 12n50 t:3e:41 PM assist us in determining the (acts relating to any theft or possible unauthorized use of your Account or a Card and to comply with such procedures as we may mcitil In comeetlon with our fivestigatlore. Your Credit lines. We will advise you of your Account credit lime. We m impose a Itwtner give Und wig apply to Ca0i advances, referred to as the cane advance credit line, we may also impose a lower One that will apply to bataece transfers, referred to at the balance transfer credit One, You agree not to allow your unpaid balance, Including Finance Charges and fees, to exceed your Amount credit line. H you exged your Amount credit fine, we may "ad immediate payment of the amount by which you exceed your Acceunt Credit line, we May hiacesc a? decrease your Account credit gr%, your Cash advance Credit One or your balance nraroler Credit line without notice. The credit available for your use may, from time to bite, be less than your Account credit One. For purposes of detrmining your available crash we nesrve the right to pipone for up to 1S business days reducln your unpaid balances by the amount of any payment that we receive Your available credit will not be Inceti it by the amount of any credit balance. CHANGES TO THIS AGWMENT From time to time, we may, to the extant Itted by law, change any term of this Agreement indudimg, but not ol to. in feriae charge rate, fee or method of comptmitg any balance upon which the finance charge rate is assessed, or add or delete any term to this Agrament, We will give you notice of the dsnge in the time ants manner required by law, whirls induelm 4%-days advance wetter rr tee In home c rumstanas. In addition, to the extent required by law, we will offer you the opportunity to reject a . For example, law requim, with certain exceptions, that we offer you the opporW to reject an Impose in a late lee or the elimination of a grace period prior to the effective date of the change. N you rill a charge in acceedance with the instructions in the notice provided, we will dam your Account and you will no longer be able to use It for Netter mneattons. You can than pay the remaining balance under the uncharged tern. We may Am change any term of any product service or benefit offered in con nMen with your Amnt. We oil nottly you as required by law or by the teems of the product, setviu or fxndk. MAKING PAYMENTS Promise to Pay. agree to pay us in U.S. dollars for all purchases. cash advances andalance transfers including applicable finance Charges and other dwrges of fees, incurred by you or anyonse you autftorite or permit to use your Account or a Card, even if you do not notify us that others are using your Account or a Card. if you pay us in other than U.S. dollars, we may refuse to xcept the payment or chatgr your Account our cost to convert your payment to U dollar. All cfteCks must be drawn on funds on deposit in the U.S. You may not use a cash advance duck balance transfer cheek or Coupon, or any other promotional cheek drawn on any Discover Bank credit card account to make payments on you Account, If your Account is a joint Account each of you agues to be liable individually and jointly for the entire amount owed an your Account. We ran mr'tepr lone haynvnts fig Partial payments or c hed+s and money orders #Wlkw anpy? rin ft? ui' eights or with Under Uhmy critter restrictive endorsement without losing Monthly Billing Statement We will send you a billing statement after each monthly billing period in which you have a debit or credit balance, unless 4- we waive our right to do so as permitted by Imc The billing statement will show all ptrdtases, Cast adanc% balance ffinsferL Finance Charges and other Charges or feu and all payeepae or other ored;ts to your Account during the bM period it prig show your Now B Payment ON Date and Minimum FaynNrn Due a of the end of the billing period. If gwr prior month% payment is returned Unpaid. your required Minimum Payment But may 6e htgther than rteohevrn an your heeling statement Seethe Minimum Monthly Payment section on page S. MCI" Payment Oymiorts. You may at any time pry the entire New Be" shown on your Wkq state m iL but each month you must pay at least the Minimum Psymant Due as described in the Mhrknum Monthly Payment section, All peymerds must be made in accordance with the terms stated on your neat Ndy bitting statementa well as the pgmamt cut-off time stated in this sedearh and we will Credit your Amend in accordance with those trim and the section. Payments rlceeva l in proper form at our promising facility by 9PM Will time on any day oat be at" as of that form at our messing facility after SFM day, nt be credited a psqw sax local time +w Automatic Ong Margemveft if your Account number andior Card praCon date d"s and our records indicate you have automatic belting established with a merchant we wig attempt to provide your new ACCouret information to that merchant To ensure uniaterrUpted baling, we reeorremend that you verify the merchant has your nerwAccount information, You must contact the merchant directly if you do not wish to continue the automatic billing arrangement. How We Apply Payments Each bluing Period, to the extent your payment exceed the Minimum Payment Due &home ore your current billing statement we will apply these excess amounts In order of the Annual Percentage Rate applicable to the balance of each transaction category (as referenced in the Finance Charges tectlorsk generally from highest to lowest, beginning with the balance subject to the highest Annual percentage got. Citlherwite, we will apply payments and Credits at our ducrttion, including In a manner most favorahk or conwilent for us. In all case we will apply payments and credits in accordance with applicable law. Minimum McHSWy Payment, The Minimum Payment Due each billing period will equal (i thfireatcc of: • 2% of the New Batancc: a a current Periodic Finance Charges OW Late Fees plus S20; (Ina plus any past due amount We may also Include some or all the amount by which you exceed yow Account credit line. When we akulate the Minimum Payment due, we may wbvact from the New Balance Cntain fees added to your Account during the baling ?errad. The Minimum Payment Due will be rounded up to the nearest solar and Y41I new tweed the New Balance, SkilrA Payment (Nitro wit may from time to time allow you to not make a "n6don n,nntely payment and will notify you when this r"Inn is avidebte, if you take advantage of this olfa and do not make a minimum monthly payment, finance charge and any applicable tees will accrue on your Account in accordance wide this Agreement and you must pay the Minimum Payment Due for the following bia'etg periods. Credit Balances We will refund any credit balance within seven business days from receipt of your written request if you do not request a refund .S. ennCmC o2gOK.TL22r,G02ee ut3ei -,aa&r.indd x-e 12rnsleg 1:36:42PM we will automatically retynd aedh bitances greetEr then $1 that remain in your Account after 6 months, How M Calculate Periodic Finance Charges, We begs to impose Periodic Finance Charges on all transactions from the Transaction Date for the transaction shown on yow billing staterral, units a trarlfadion b posted to your Account after the dose of the billing period in which it oCWrs, in which case we begin to impose Periodic Fiance Charges on that transaction from the first day of the billing period in which it is posted to your Aeaun6 We continue to Impose Periodic Finarsn thaIwngess urnit the date you tray your entire New Valawe shown on your bTi q statement by making payments or receiving credits. However, if you paid the New Balance on your previous billing statement by the Payment Due Date shown on that IBrg statement, we will not Impose Periodic Finance Charges on new Furchases,that is, psudsasesfirst appealing on the current billing statement, or any portion of a new purchase, paid bt the Payment Due Date an your current billing statement. Moll this the grace polo l.' Then is no race period on balance transfers or cash *Qnces. As more fully desaRxd In the section titled "How Mfr Apply Paymeirn' we generally ap payrttIntl to your Account based on the An" Percents, Rate a & to the balance of each transaction at TMs hneans that H you do not pa the New Balance on the current bi sstatefneut by the Payment Due Date shown on that billing statement depending on the amount of your payment and the Annual Percentage Rates on other balances, you may not get a grace period on new purchases. We son your wonsactigm into groups of purchases, cash advances, and balance transfers and then further sort the transactions within each group by their Annual Percentage Rate. For example, purdases subject to 0 promotional rate and purdsaces subject to a standard rate would be separate groups. We refer to these groups as transaction cote99aies, At the end of each billing period, we computt balances and Periodic Finance Charges to each day of the billing period for each transaction category. We use the lollowing equation to compute Periodic Finance Charges for each transaction category. (Average Daily Balance) times (days in billing period) times (Daily Periodic Rate), You may refer to the Finance Charge Summary on?iour billing statement for these amotms. Then we add up the teriodk Finance Charges for each transaction category to get the total Periodic F'atarice Charges for W Account. The Average Dade Balance 4 shown as:ero R, because of the grace period, no Periodic Finance Charges to the balance in a transaction category, The DailyPeriodic Rate is 1A651h of the corresponding Annual Percentage Rate, How We Calculate Your Balanhces We use the Average Daily Balance (including newtransartiom) method of akulatingtle balance upurtwhkh we impose Periodic Finance Charges. We compute the Average Daily Balance for each transaction category by adding all the daily balances in a billing period tar a transaction category and dWiN the total by the number of days in the billing period. M compute the daily balance for each transaction category at eadt day 4y first ridding the following to the pre-Am day's daily balance; trametions with a Transaction Data of that day as shown on your Ming statement, unless the transaction is posted to your Account afterthe close of the billing period in which It o mss. In which case the transaction will be added to the daily balance as of the first d% of the billing period in which it is posted to your Account fees charged that .6- d and Periodic Finance Charges acaaed on the previous day's daily b ante; and by then suheralding any treclib and payments that are applied apahnst the balam of the transaction category an that day. In calculating the daily balance foe the first day of the billing period, we toodM the 'previous day's daily balance" to have Wen your balance for each transaction ortegory on the last day of your previous Ming period, All fees charged to your Account are added to the standard purchase transaction cai.gory, with the caption of Grill Advance Transaction Fee Finance Charges which are added to the applicable Ash advance transaction category and Balarrte Transfer Trarwctien Fee Finance Charges which are added to the applicable balance transfer transaction abgoryc Variable interior Rota one or more Daily Periodic Ratet and corresponding Annual amiable ice an ? Notes forth In yoapply to a tmrt category may am ~ your Pricing Sdudulo k w in a you receive from us, Variable Annual Percentage Rates are dourrolned by adding a specified number of percentage points to the Prime Rate. This is shown on the Peking Sdhedule as 'Prime + (percentage points)." For purpm of this Agreement the Prime bit is the highot ease of interest listed as the "prime ran' in the Money Rates section of the wall Street Journal on the last business day of the month The Prime Rate 6 merely a priorng odes and does trot represent Chia lowest a best interest rate available toa borrower at anYbank at any given lime. if you howavariable rate, your Annual Percentage Net will httyease or dwaose when the Prime Rate tlhanges Thd change will be effective beginrti R nyy with the fim day of the billing period that begins during Ur some month as the change in me ime Rafe M in t Due in the Annual Percentage state may increase your Minimum Payment Due. Dehndt Rate, Each time that you do not make the, Minimum Payment Due by the Payment Out Date we may, in accordance with applicable law. (t) terminate the avaAabifity of arry promotional Annual Percentage Rates an nowtranfactiont; and (if) increase your Annual Percantage Rates for new transactions to variable Default Rates, Eat#h new variable Default Rate for a new trannsacion is detrmirned mWIN uP to 5 Wd"vil pereentage points to the otherwise applicable Annual Perceintoge Rate and will vary based on any charges in Itit Prime Rate. (Fa ezatn if the pronrotlonal purchase rate was 2.9914 and the race for other purdhases was 15.99% and you paid late once, the rate for all new purchases could increase up to 14.99% variable and vary thereafter witch the Rime Rate,) wh m we first determine the vat iable DefaultRatan, we use the Prime Rateeffective tor- the bill" period in which you p late. The va Wk Default Rates are detternined in accordance with the Variable laterest Rates secCw. We will base your Default Rate an your creditworthiness and other factors suds as your current Annual Percorgager RM and your Account history. H we incrom any of emir Annual Percentage Pates to a Default Rate, we will send you a notice, in accordance with appkable law, advising of (i) the date the new Default Rate will apply (the 'Default Rate Mactive Data 1 (ii) the tM of new tmnsadiorhs to vM s it vudg be applied (rate. the new Default Rate will nos apply to any other transwic n4 and. ON) your right to reject the new Default Rate. New trudacdons ate throe transactions which either (i) have a Transaction Date, as shown on your billing statement,, of more than fourteen days after we mail or deliver the notice to you or, Oh) if permitted byble law, were posted to your Auamtafter the current Default Rate Et(ecthK Oar. Your Amount A not be RMtd to a Default Rate for the first twelve billing periods after yore Account is first opened, -7- I 9.10 i2AW09 ):J& 2PM I If your Annual Percentage Rate for purchases, balance transfers or cash advances was increased to a Default Rat, we will, to the extent required by applicable law, periodically reAm your Account to detamdne Harry of your Annual lyrcentage Rates Omit! be reduced. Any reduced Annual Percentage Rates on new and existing balances may be different and may be higher than your previous standard Annual Percentage Rates for purchases, balance transfers andfor cash aelvances or any promotional rate. Cash Advance Tr-K00n foe Puente Charges Unless aditim se sDettfied in a ash advance otter, we will rhar0e you a Cash Advance Transaction Fee FINANCE CtIARGE of 5% of the amount of each new cash advance with a minimum Cash Advance Transaction Fee FINANCE CHARGE of 110 and no maximum. The imposition of Cash Advance Transaction Fee Finance Charges may result in an Annual Percentage Rate for cash advances that is hi her than the nominal Annual Percentage Rate. All forrtls of cash advances, including the use of Discover Card checks, regardless of the purpose for which used, are subject to Cash Advance Transaction Fee Finance Charges, To obtain the total Finance Charge on cash advances for each billing period, we add any Cash Advance Tiaruaction Fee Finance Charges for the billinngg period ehunad under this section to any Periodic Finance Charges calcul led under Ilia Parodic Finance Charges section for each cash advance traraction category and add up these amounts Balance Transfer Transaction Fee Finance Charges. Unless otherwise specified in a balance trander offer, we will charge you a Balance Transfer Transaction fee FINANCE CHARGE of S% of the amount of each new balance transferwith a minimum Balance Transfer Traru¦t ion fee FWANCE CHARGE of $10 and no maximum, The imposition of Balance Transfer Transaction In 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 an balance transfers for each billing period, we, add any Write Transfer Transaction Fee Finance Charges for the billing period charged under this section to any Periodic Finance Charges calculated under the Periodic Finance Charges section for each balance transfer transaction category and add up these amounts, Fort* Currency Transaction Fee Finance C!"Ies. We will charggee you a Foreign Currency Transaction Fee FINANCE CNARGE of 2% of the US. dollar amount of each purchase made in a foreign oinwy. The imposklon 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 billing period, we add any Foreign Currenry Transaton Fee Finance Charges for the bd ing period charges under this section to any Periodic Hnance Charges calculated under tha Periodic Finance 0arges section for each purchase transaction category and add up these amounts. Minimum finance Clux'r. We will charge you a Minimum FWANCE CHAM of Mo for any billing period in whhdh Periodic Finance Charges of less than 1.50 would otherwise be unposed. Account Set-up fee Finance Charge, tit your Pricing Schedule accompanying your Card YKludcs an Account Sit-up fee, we Will (barge you a one-time Account Set-up Fee FINANCE CHARGE in the amount indicated whin c Open Your Account. FEES Annual foe, if your Pinang Schedule avArn hying your Card includes an Annual Fee, we wr11 charge you an Annual Fee in the annourri indicated. We will charge you this fee wfien we open your Account and at the beginning of each anniversary year your Accown is open, The Annual Fee Is not -11- h0gCMQOZBOK TL22AGa21a_0136licadcr.1rdd 11.12 refundabk, except as provided by law. LMFea We will tlurileyou a Utt In if you have faded, as of the Payment Out Dane, to make the Maireim Payment Due that was rtq*td to be paid for that biking period The amount of the Late Pee is based an the sum of ail otrtstandgMrg cah adY om balance trwlers, odor charges, odor fees and Mosuir t at the end of the Wing period for which we did not rewlive timely payml?1t If the sum is 32511 or the fee is S 19. If it is greater than S2% the fee is lin Returned Payerent on. We will tharge you a Returned Payment Fee of $35 each time you pay us with a check or other instrument that it returned unpaid. This fee WIN also apply 0 a debit transaction to a deposit account from which you have authorised us in writing, electronically or orally to periodically deduct all or a part of an amount you owe a urider this Agreement b returned unpaid. We will charge you this fee the first time any payment is returned unpaid, even if it 4 paid upon resubmission. Returned Discover Card Owck rec. We will d%"e you a Returned D'uaowr Card Check Fee of $35 each time we decline to honor a Discover Card cash advance chedt balance transfer check, promotional purchase duck, or other promotional Check. Pay-Byrfens, We may from time to lime allow you % make payments by authorizing us over the telephone to transfer or pay funds from a deposit account to your Aewunt. We will not charge you a Pay$y-Phone fee. Research No. We may large you a Research fee of $5 for each COP of a bNling statement or situ slip that you request HowcM, we will not charge a fee of you request copies in connection with a billing error, D10AULT AND CANCELLATION Types of DefauN. You are in default H you become insok ant if you file a banllfuptiy petition at haws one filed against you; if we have a reasonable belief th?wat yes are unable or unwilling to eery, your uoltligatiaru to us; it lou are declared Incompetent by a court or Iwl appoints a guardian or you or a tonssvator for you assets; If dle; if ou fah! to comply with the tennis of this Agreement, including toning to make a required payment when due, exce2inn4g your Account credit line or using your Card or Account for a Prohkilted Transaction; or it you fall to Make a required payment when dress an any other Kmrft you have with sa Consaquenoss of Default if you arc In default we may, declare the entire balance of Mon krtmed?s* due and payable art w notice. H wC refer the coikcUon of your Account to an Mornay or employ an attorney to represent us with re!gqard to recovery of money that you owe us, we may choarrgee you rebanahle aflornels' fees and court d othher collection costs as penrNttcd by kw grid is altls IrKUred by tat, Including fees and costs in connection with any appeal. Wer? delay enforcing or not enforce any of our rights under this Agreement witliout losing or weiving any of tihem. Carxelallft You may anal your Account by notifying us in writing or by eelcphone and returnsng or rkttroying every Card and caused check ft we have provided yam You can notify us bq telephoning 140" MOVER {I-ND-34 - h1321 3), or by writing pitcover, PD gux 30313, $A Lake Crtty, UT &1130-0943.Of course, you will still be responsible to pay any amGUm you owe us according to the temp of this Agreement. If your Accwnt lsa ?' x-.r?i Account. either CardmamMr nay cancel the Account, but you will bolls remain resporAIR to pay any amolad owed to us according to the terms of this Agreement We may cancel or suspend your Account at any time without notice. We may choose not to renew you A(WUnt ,Yand the expinsfw date shown on the face of a Card) without notice, You must return any card or unused checks to us upon request -9- IN15ft 1:36A2 PM PRIVACY AND 04M COMMUNWATION5 WITH YOU Our Privacy Policy. We may from time to time review your credit, empbyment and tnt:ome records. We respect this privacy of mfomiation about you and your Accourn. Our Privacy Pa icy Irydudes a wmrnary of the personal intomation we erect when k may be shared with othtn how we sategtyrd the confideritialily orsd searrry of rMor matatI and the steps you may take to lkudt true 111% ng Ot AKtt Infotrnatldl VAh others. Please read it carefully as it it part of your Cardmemba Agreement Reporting to Credit Reporting Agandes. As indicated in our Privacy Policy, we may report to credit reporting agenaes and other creditors the flatus and payment history otyoui Autrum induding negative credit infarction talc payments, missed payments or other defaults on your Account may be reflected in your credit rapist. We isamBIN report to wdt credit reporting agencies each month. If you believe that our report of your Account status (s inaccurate or incomplete, please vain is at the following address; Discover, PO Box 15316, Wilmington. DE 198565316. Please include your name, address, home telephone number and Account number, Our Communications with You. You agree that our personnel may listen to or record iclcQFione nits between you and our representatives without additional notice to you, including but not limited to calls we make to collect debts. We may use any medium permitted by law, including but not limited to mail, live telephone calls, automated telephone equipment, prerecorded telephone ca i% e-mal and calk to your cull phone to contact you about your Account or to offer you cproducts or services that ma be of pnk waJyys,[ to must either t nne u s be at 14 COVER I-a 806m-341266831 a brine in at Oicover, PCB 30%1, Sah take tiny, UT(30%Valit. Rekasing information About Your Account. We provide various methods by which you call obtain information about your Account. We wig only' release such informations to you, any Autharzeel User that our records hdicate is on autholitcd buyer an your Account and any other person with your prior permission, in addition to as provided in our Privacy Policy or as required by law. Our iecurdy measures mroot insure against unaudwized inquirim You agree that we will not be responsibte for the release of information to anyone lik, even it without your authorization or pKmispoi hasggained posussron of a Card or his beamed other identifying characteristics anot t you such as your personal Identification number, Armint number or social security humbet. EleMwic Notices to ft We May offer you the opportunity to receive certain noti(es from us electronically rather than through the mall, including monthly billing statement and change of terms riaticim The terms and conditions for receiving these electronic communications will be described in the offer. Notices - Changes to Your Information, N you change your e-mail addyesi, mailing address or telephone number you must notify us of your new address or telephone number wifhin 15 days. You can notify us by telephoning 14001yIMIR (140347d683) or by writing Discover, PO Box 30%!1. Salt Lake City, UT B41360N43. tf your Account is a joint Accnum, airy notice we mall to on oddress you have provided for the Account will serve as notice to both Cardmemberi, aMS AND DISPUTES Merchant Disputes We are not responsible for the refusal of anyone to acept Of honor a Card or to accept checks that we have provided you If a merchant fails to provide your purchase to your satisfaction and you -10- request a aedR to your Account core wBl itarresiigate the dispute. N we resolve the dispute in your *4% we will issue a a6M to your Account and be deemed to hour owltted to us your claim against the merduant Wany t*d parry for the aedded amount upon our request you agree to provide th wdh wrtten emente of such assignment Mine Notices. in the event that you or we have a claim that arises from or relates to your Aaounk any prior account you had with wt, your application. the rdatioruhips which rewh from your Account or the enforceability of the Agreement or any prior agrement, before initiating, j or parddpedrg in a Judicial or anbltrati0n proceedktg as either en inrf'rrWual yrtir, or member of a Class CRoesed ing"), shit complamin9 party stroll give other party (t) a written notice of tJte Claim ("Claim Notice'), M least 15 days before initialing arty Procwding, as** '' in reasonable detail the nature of the claim and any su rt ng; facts; and R) a reasonable good faith oppoittrdly to resolve the dium without the necessity of a Proceeding. This includes any daims involving our parent corporation subsidiaries, affiliates (including. without limitation. DFS Servl(es LLQ predadOW , sU[CaSM aoyy!K as v;0 as the ofKCer3 directors and employees Cd nth of these ernkies. Any Can Notice shag be sent to US at Dlsmver, PO Box 3024, New Ali". OH 43054 (or such other addten as we shag subsequently provide to you) (ttu "Oaim Notice Address") or to you at yaw address appearing in our records or, it you are represented by coumel, to your attorney at your anorneyN ottice. Arbitration of Disputes, Agreement to arbitrate. In the evert Ot airy past present or future claim or dispute (whether based upon contract tat statute. Common law or equity) between you and us arising from or rtlaliruj to your Account, ony prior account you have had with m your appplIradon, the relatiotuhrps which mewl from your Accoura or the entc rrcleeabilRy or scopFeeOot ttas arbitration provkkn of the Agra. amtt tore of the daim Or by YOu NOR WE SMALL RAVE THE RRIIGHT TO LITIGATE THATCLCLAIM N COURT OR TO HAVE A JURY TRUtt ON THAT QAA PIS-HEARWG DISCOVERY RIGHTS AND YOU NOR WE PSHA11 BE ENTITLED TO JOIN OR CONSOLIDA71 CLAIMS N ARBITRATION BY OR A"V OTHER CARDMEMBERS WITH RESPECT TO OTHER ACCOU", OR LITIGATE 0t COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPAaT1' ("ClaBs Action Waiver'). Notwidstand'xy aruydtirg eke to the ronrary in this arbitration pra?uas only a court, and rout an arbrtrato, shall deKrrarN the validity atld t?ffep Of the Class Action Waiver. Even N al parties have opted to litigate a idaim in court you or we may elect arbitration visits respect to arty claim made by a new party or any raw cWtd later asserted in that lawsuit and notha>y urxlerlaken therein shall constitute a waiver of any nights under this arbitration provision. Ida will not invoke our right to ar"t in irtdPndual Claim you bring in small claims court or you state's equivalent court if any, unless such action is tranefer?ed, removed or appealed to a Ntrent court. Governing. Law and Rules. Your Account involves interstate eanmleice a11d this provision shat be governed by the Federal Arbitration Act (FAA). The arbitration shag txConducted. at#*option ofwhoo erfBeithearbitration claim, by either the American Arbitration Aatodation (AAA) or JAMS in accordance with their procedures in effect when the claim IS find, For a copy of their p110014urts, to file a claim Of for Otter infix m360r, COMBO AAA at 335 Madison Ave„ Floor 10, New York, NY 10017.5905, -tt- IODCMO-02MOK.TL22AtiO210-Ot36t-roadar.kW 13.14 owisi09 t:36ArKm www.adr.org (phone 1-9 *778&1879) or JAMS A 620 Eighth Ave., Flow 34, New York, NY f0018, www.jarhtadreom (phone 1-80x357-52671. No other arbitration forum will be permitgd, except as agreed to pt fvwt to either the Changes to this Agreement section or a writing signed by both parties If neither AAA nor JAMS a able or wiping to serve as the arbitration administrator and we and you are unable to agree on a re ameelert administrator or arbiuato4 then a court of cornpetern N+r on will appoint an administrator or arbitrator or arbitrators sin ft case of an appeal to a panel of three arbitrators as described below). Unless consented to by all parties, no arbitration may be adminhtered t1 any administrator or arbitrated by any arbitrator thdt has any formal or informal policyt rule or procedure that is inconsistent with or pwports Lo override the term of this sdct'ron, If we eled to resolve a claim or depute by binding arbitration and the arbitrator ism an award in vow favor an a claim or claims vath respect to which you would not otherwise be entitled to recover your arbitration filing, administrative and hearing fees, reasonable attorneys' fees ondlw' other arbitration costs, we will be responsible for paying or reimbursing such costs and fees If awarded by the arbitrator. Fees and Costs. At your written request, we wit ecl anme any arbitration filing, administrative and hearing fees which you would be required to pay to pursuK a claim w dispute as a rctallt ttf our electing to arbitratethat oiaim or dispute. Send requests to Ditcovc4 PO Box 30421, Sak Lake Gty UT 84130-0421. The arbitrator will deride who will ultimately be responsible for paying those fees, You will arty be responsible for paying or reimbursing our arbitration flling, adminstrative or hearing fees to the extent you would lave been responsible for paymRg "attorneys fees and court or other collection costs' had the action prrxeeded in m curt, In no event wits Xou be required to pay 1, fees or costs inured by uis in connection with an arbitration procngg whore such a payment or reimbursement is prohibited by applkoble law. Bearings and Decisions. Any arbitration hearing wit take place in the federal judicial district where you aside. The arbitrator shall follow applicable substantive law to the exrrtlnt consistent with the FAA and applicable statutes of fienitatiom and shall honor claims of privilege recognized at law and still be authorised to award all remedies permitted by the wbstazntiv, laws that would appt? rf the action were pending in cotta. If requested by any puny, the or itramr shall write an opinion containing the reasons for the award. The arbhritu is decision will be final and binding except for any appeal rigsits under the FAA and except that it the amount in controversy raoteeds Si00 t100, any parry may appeal the award within 30 days to a thret asbitra for parKV, wit' shaA review the award de nova. Unless applicable taw provides otherwise the appealing party wig pay the cast of the appeal, regardleu of is outcome. However. we will consider in good faith arty reasonable request for us to bear the fees charged by the arbitration administrator and the arbitrators in connection with the appeal. Judgment upon any award by the arbitrator may be enforced in any court aving lurisdicNon. Other Beneficiaries of this ProyWon. Our right and pbligatiom under this arbitration provision shall inure to the benefit of and belairding upon our pat'cnt corporations, subsidiaries, affiliates Qunchiding, without imitation, VS Services LLC), predecessors, sucoessors, assigns, as wall as the officer; directors and employees of each of these entities, and will also inure to the benefit of any third party owned as a co defeclarn with is or with any of the foregoing in a claim which i; su Nect to this arbitration provision, Your rights and obligations tinder this arbltraWo provision shall inure to the -12- benefit of and be binding upon all persons contractually liable under this Agreement and all Authorised Usen of the Account SurvWl of flits provision. This arbitration provision shag survin termination of your Amount as well as wluntary payss?nt in full by you, airy legal proceedings by us to collect a debt owed by you, any bankruptcy by you and any We by us of your Amount Right to Reject Arbitradory. A You may reject; the AhQ on of Display section Ix w a notice of witift IQ 41 days octet O recevag a cat at the faMoeaisy ad*= U40o1NG PO ion IM Salt Lake Gqs ut M139.018L ilyou we4M. oudy ssblact to arbitration with reseed to any amount with us, tfds repel 9n will not apply to you Your rejection ratite must include your nun, address, telephone nurnbe, Account number and signature and must not be sent with any other eomaspondence. Calling us to indicate that you reject the Arbitration of Disputes section or sending a rejection notice in a manner or format that disci not comply with all appkcW)6 sequiemeots is insufficient notice. In order to pion ens yaw noii[e, we require that tfie nods be provided you directly and not through a third =2 ejatim of arbitration hui not affect your other rights or resporunder this Agreement or yaw obligation to arbitrate y1l"s under any other account as to which you and we have agreed to arbitrate dfsputra. N you do not send a rejection notice, you wit be obligated by the Arbitration of Disputes section with respell to thisand any Prior ac ount you have had with us even If you have previously sent a rejacbon rhodce ash import to that prior account, LEGAL MIfWWATION Of TM% AdRtEBateaiT li" rabiitY. 0 any part of this Agreement becomes unenforceable, it will not make any other part uned(oMble, except that if the Class Action Waiver set forth above in the Arb'tratlon of D*Ats ShKtkx% 4 invagdatenl in any proceeding in which you and we are involved, then the Arbitration of Disputes section will be void with respect to that proceeding. ComptaKe with Interest Rata LimNrlicirm. We intend that the Agreement will comply with oppiitable interest rate limitations. You will not be repaired to pay Finance Charges or other charges at a rate that is greater than the maximum amount permitted bylaw. If it a ever fmaty detiurraned that but for this section, the Finance gee or other charges tinder this AWeemant would exceed the maximum lawful amount, the Finance Charges and other charges wile be reduced to the maxanwn lawful amount. Any eons amount that you have already paid will be used to reduce the omtstand'mg balance of your Account or will be refunded to you by means of a check in our discretion. Governing Law. This Agraimmt and any claim or Aspute amiss?g out of this Agreement will he by applicable fedaal law and, to the extent state law applats,? law. ASSMIMENT OF ACCOUNT We may sell, assign or transfer your Account warty portion thereof without notice to you, You maynotsell, assign or transfer your Account without first obtaining our prior written consent PRIVACY POLICY We are required by federal law to provide you with a copy of our privacy Policy each you N you have pvindot * notified is about your privacy preferauss, aS described in section a, it is not necessary to do so again unlea you decide to change your preferences. -13- 1000?r0_0200K TL22AC0210_0198tJeader.i,xk1 1518 lxlhmoe 1:30:43 PM we Respect Your Privacy Our mission is to provide you with superior products and services, along with the peace of mind kttwarg thatthe secu ty of your personal Informatlal is our top priority, We understand your concerns about guarding infor tuttian about you and your Account. We want to tune pu that we haw talon stops, and wig continue to take steps to safeguard that information. This R any Policy dambe our efforts to meet droo objectw it includes a summary of the following important information: • A taring of the personal information we collect; r The 0(vinetances In wl+kh vie may share information with others; • The ways we safeguard the confidentiality and security of information; and • The steps you may take to limit our sharing of such information with others. See Section 4 for complete details. Please read our Privacy Policy carefully. It will help you understand how we collect and Meet ihforrWon. 1, What Personal information Do we collect? To sera you better and menage our business, it is important that we collect and maintain accurate personal information about you, We obtain this intamalion from t ppiscations and other forms you submit to m, from your dealings with us and others, from consumer reporting agencies, and from 01W sources, such as our Web sites, ra example; We may obtain information such is your name, address and date of birth from apphcati6w and other forms you %V*A to us, • We may obtain information such as Account balances, payment history, your use of your Account and the types of services you prefer from you transactions and other dealings with us and others. • We may obtain information such as the balances of your loans with other lenders and your payment history with others from ccoriumer repotting agenciaL • We may obtain information such as your Internet service, prodder, your e moil address, your computers operating system and web browser, your Web sate use and your product and service preferences frwn your vista to Web siteL t K Personal kd-r matbn Shafted with 0ders1i We limit the sharing of information with others. Many of the offers you receive for prtducts and services, are provided directly to you from us For camp kt, a retailer that accepts the Ducovere Card may two to us with a special offer for Cardrnemberi, such as a discount certificate or product upgrade. After arefcJ consideration of the nature of the offer and the conk,any, we will create a art of Cardmentbers who may be interested in the offer based on certaih duracteristics, we will send the offer directly to the* tardmembe s on behalf of the retailer by, for exarnmpi including in insert in their monody billing statement or rich mg the offer otfrsehees. We control the information used to make the offer, we do not share the list or arty information about our Cardmembon with the retailer. However, pleast understand that if you do receive this type of offer from us and choose to take advantage of it the retails rimy then learn information about you because only Cardrtembers with certain charaduerstirs received the offer. There are, however, dra mstirices in which we may share the information we roliect about you, As described in Section 1, with other companies ht order to provide you with access to products and sc vices and to service your Account tffed'hvely, as detadtd below, We requre these companes to adhere to our privacy standards and to use this information Drum for the - 14. limited purpose for which is was steered We do not allow them to disclose $ to other without our prior approval. a. Sharing PelwW Information wth Our Corporate Family Our corporate family offers a variety of products and services that can help you managt your, flewii , to order to provide you with aces to these products and knecom we may, shire the udormaton we collect about you, as described In Section 1, with other members of our corporate family. That companies lsrckrdo finarfw) service providers that offer credit protection, and servicing and payment processing services. b. Sha lgr?? Information with Mon•Af fBated Parties for We may share the information we collect about you, as described in Section 1, with nonaffiliated third parties, induding thou that accept the Discover Card in order Io provide you with access to products and services offered directly by these companles that may be of value to you. These companies include financial service providers such as insurance companies, and non- financial companies, such as retailem c. Sharing Aefsonal lnfowtion wilt Others We may share the infomation we collect about you, as described in Section I, wftlt companies that Worm?upp?tt or tnarketihig strvhasonow behalf, such as malting, market = and data processing: odder financial institutions with which vane tavit marketing agree ants or companies that are our panners for wbrand audit and programs or nwvard programs. We may also share such itformadori as panritoed by law. 3, How tx Nis altsteet the Corr64lontoft Sewrhy a-d Integrity of Information about You? We maintain p1*cA electronic and procedural safeguards to protect the inf4mn3dm we coeltet about Accento such information is restricted to individuah who need it in ado to seeviu yourM aprovide products and services to you, and who ate traced t pripa handling of such information. Employees who violate dose confidentiality requirements are su*ct to our diuupiit ary proom Wine third parties provide support services, we require them to cordorm to our privacy standards. it Is important that the information we makitaln about is accurate and complete. if You in Information in your moedltly g statements or ekewhere wroth ru19ests that our information is incomplete or inaccurate, pleese write to us at Discover, PO aox N%3. Sale Lake Qty. Ur 9113-0943 so that we can update this information, a, How Can You thmb Sharing of Information About You? We respect your privacy and offer you choices as to whether we may sham informadort aboutyou vadm Others. You have the option to tea or not to share the infomution we collect about y4µ as cestribed in Section 1, with norr affiliated third p"4L You ileo have *4 tlplicin to tell us not to Share the information we calico about you, aL deotrrhld in Section 1, with companies in our tapaate famiy, My4u indicate a preference for idhar of these options plow unclorstarsd KC u may not receive offers for products dnd services provided by tether compmies tllet could heap your lower your costs. Maldmire your finakw resWlrces, or menage your fiances To indicate your pnatawrces, Own cal us it f-109-M- 03 or write to Discover, ho boo 9oai1, Baia lake tlyt UT NIM-Deal. d you have tsevioudy nodfed y Wmq prefennaL It it not "Mary to do so "Mari union ySe-1-t deade to dame ysur prefMeaces, Your written request should i.1u;yZr Mahn., address, Wephtine number And A4t,.% number(s) and should not be sent with any other correspondence. In order •15• 1000MG_02804(TL22AC021QOiNi r*Wvf.bakt 17.18 12/15M f:3&43PM to process your request, we require that the request be provided by you directly ar+d not through a third party, You will need to provide uswith your pceferemtef for each eialil card account you have with us. You may ratify us about your preferences. at any time. Your request will remain in effect wail you irotify in nxhervese. We wig honor your request and not stare this information except as permitted by lark For example, federal law permits us to share indmmatlon about k°L wait consumer reporting agenda, service providers and financial institutions with which we Ifs" joint marketing agreements V you are a new Cudmember, we will not share any information about you, evicept as WrrikW try W4 for thirty days after we provide this " to you in order to Slurs you an opportunity to inform us about your preferences, If you are in emting Grdnember, please understand that you may continue to receive marketirg offers directly from other companies that were already in production prior to the processing of your request, This Privacy Poky is provided to the primary Cardmember listed on the account, However, any `ant Cardmember has the tight to notify us about preferences aiJ !7J treat that request as ap*ng to the entire Aaount We do not share information about farrier customers, except as permitted by law. This notification supersedes all previously issued fnnwcy Policies. We reserve the right to amend this Privacy Policyfromtimetotime and we will notiy you If we do so, This Privacy Policy is provided to you by Discover Bank and its subsidiaries, which currently include GTt insurance Agency, Inc. and Discover Products Inc. unless otherwise specified, it applies to tie f;ttily of Discover Cards for consumers and the products and services offered in connection with those Cards, incksding the Wanes Protection cad registration service (with the tweption of any information registered in connection with the servi which will not be shared). It is part of your Co dmembp and provides a further explanation of how we collect and share f tion. You envy have other rights under state lawn that apply to this information. Please note that you 01 also receive privacy notices for other credit and aaosads you have with us, as well is other financial products and services prodded to you by us and our affiliates, You will need to indicate your preferences for earn of these separately as disclosed in the notice. Vermont Residents - You state law requires financial institutions to obtain your consent to sharing information about you with others. Except as permitted by law, we will not Own- information we collect about you with non•affsliated third parties of companies in our corporate family unless you all in at 14"SCDVER (1400•317.2683) and authorize us to do so. California 11"durtt- Your state law toqulres flnanfial Institutions to obtain your consent prig to sharing information about you with nonaffiliated third parties. Except as permitted by last we will not share information we tolled about you with non-affiliated third parties while you are a resident of California. Your Bilfing Rights KEEP THIS NOTICE FOR FUTURE USE This notice contains important information obout your rights and my responsibilities under the Fair Ciedit BiNiing Ant 1. Notify thin Cate of Errors or Questions About Your 891 9 you think your bill is wrong or if you need more information about a transaction on your bill, write in on a Separate sheet of paper at the address lined on your bin for Notice of Billing Errors. Wiiteto us as soon as possible, We must hear from you no later than 60 days after we sent you the first bill . 16- I IODOMQ_029C)K_"AGa210 013611aadw.irdd 1420 on wha the error of problem appeared, You can telephone to, but doing so will not preserve yax tights In your letter, give us the folkriving informationc • your name and Aahunt number, • your dollar amount of the suspected error. • describe the error and ehghlain, if you can, whyyou believe there is an error. If you rrcod more information, MOW the item you are not an "A. h you have authorized us to pay your vedlt card bill automatically from your savings or dneddng n%ount, you unstop the payment on any amount yyou think K wrarrg To stop the payment your letter mum reach us three business days before the automatic payment is scheduled to occur, 2 Yarn Rights and Ow Rwponsihi mez After I* R"ve Your Writterr Notice We must acknowledgeyour letter within 30 days, unless we haw corrected the error by then. VYitha' h 90 days, we must either correct the error or eigdain why we believe the bill was correct After we recdue your letter we cannot try to collect any amount you amount o rqMJ uesdg ncksduri uMintce cur as and we bill AWN any unpaid amount against your AAccount credit W. You do not hato pa any questioned amount while we ace investigating, but you are salt obligated to pay the parts of your b01 that an not in question, t we find that we made a mistake anywt bill, you will not have to pay arty finance charges related to any rLunsaBaned amount N we dhdn? mike a mikt*iLyoumay hawto payfhetenattu dhar^ and=A haveto make uaa any you o mined t? er? Ole amount atiloned amount Icase, we will you owe And the date that R is due. If you fail to pay the amount that we think you owe, we may report you as dHtngy?M However, if our explanation does not satisfy you and you write us within tan daystaaing us that you still refuse to pay, we must td anyone we report you to that you have a question abott your bill. And, we must tell you the name of anyone we reported you to. We must tell a ne we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we ant collect the first $50 of the ques icined amount, even if your hire was correct. 3.91 4W Rik for (edit Card Ptpdrares if you have a problem with the quality of goods or services that you purchased with a uedd card, and you tried in good faith to cotred rte problem with the merchant you may have the right not to pay the remaining amount due an the goods or services. There are two limitations on this right (a) you must have nude the punhase in yaw home state or, if not within your home state, within 100 miles of yaw current mailing address; and (b) the purchase prke must have been more than $50, These anitatiom do not apply t use ours or operate the merchant or if we MAW you rte adsrerdsorrntwrt for the goods or imam A Purdiares IUuk with Che,* or 15sh AdvwKo The Special Rule for Credit Card Purchases does not apply to purchases made with a balance transfer check, cash advance or promotwnai purchase check. Therefore. If you haw a problem with the quality of goods or scnflces that you purchased watt a balance trahaer checit, prcinotional purchase thedt. cash advance thick or the proceeds of a cash advance, you do not have the right to withhold payment of the Amount due. .17- 12!15109 1:38A9 PM DESCRIPTION OF COVERAGE SCHEDULED As t TRAVEL ACCIDENT' INSURANCE Discovers Cardrrhembets are provided with SNAWO Scheduled Air Travel Accident hsuranee' You, your Spouse, Domestic Partner or eligible oeorindent Children Coe whom a thdcet was purchased on your card (as defined below) will be aantically insured against Accidental I= of Life arising from and omurnnqq on a Covered[ Tnp whip you, your SPause. Domestic Partner or elloble Dependent Children for whom a ticket was ppurchased as your Card are riding as a passenger in w en exbm or g chased a military tied struck by a Scheduled Aircraft or a conveyance oiler transport service or riding as a passenger in or entering or outing any conveyance licensed to carry the publicfer a fee and while traveling so or from the airport immediately sheeting tux departun of a kfxdu Aircrafton which the Insured Person has purchased passage and immediately following the arrival of a Schedule Aircraft on which the Insured Person was a passergger. 'Coverage is underwritten by Federal Insurance Company, a member insurer of the Chubb Group of Insurance Companies. Certain limitations and exclusions apply. KM FIATURIS THE iENEM-The fug Benefit Amount ($5K OW) is payable for Accidental Lou of life. The Lou must occur within one year of the Accident MAXIMUM UMi< OF INSURANCE. H more then one Insured Person suffers a Lou in the same Accident the Company will not pay more than the maximum limit of insurance (520,111000o) ter Arrident It an Arridrnt results in Benefit Amounts becomingg Dyable, which when totaled, eaceed the applicable limn of insurance sHown above, the maximum limit of insurance will be divided proportionally among the Insured Parsers, based on each appikable Beneth Amount In the seam of multiple Accidental deaths per Account arisingg from any one Accident, the Company's liability for At such Losses will be fumRed to a maximum limit of insurance equal to two times the applicable Benefit Amount for Loss of life. Bexfits will be pproportionately divided among the Insured Persons up to the maximum 1unit of insurancce. DEFINf110Nst AAUddent or Accidental means a sudden, unforeseen and unexpected event happening by chance, and includes unavoidable exposure to elements arising from a covered Hazard. A,?? means bodily injury which is Amidental, is the direct sours of a Lou, is independent of disease, illness or other cause aixl occurs while this polity is in forte. IStta>a03 means a Card account. Ia1eflt,AtPount means the loss amount at the time the entire cost of the passenger fare is charged to an Account Sault meals the Discover Card. CardghRM* means the holder of the card whose name appears on the credit card. QnMiipt r means the Federal Insurance Company. Camiad means travel on a Scheduled Aircraft when tx entire cost of the passenger fare for such transportation, less redeemable certificates, vouthers or colpturi,1%bw charged to tie insured Persons Account U means those children, including adopted Chi en a t use children placed for adoption, who are primarily dependent upon the Instred Person for maintenance and support and who -18- i hnux.ar0 0280K_IL22AG021D_ulaah reader.Ruld 21,22 are. (1) under the age of 19 and r,do with the Insured Paw c W k"W the age of 19, permanently mW4" or ly nfialenged and incapable at self suppppoort; or (3) Under the age of 2 and classified as f xtimestudents at an kuthudon of higher leaning. Qamwkbo lr means a person vdsa (1) Is at least t8 years of age and competent to enter Into a contract 2) is not elated to the Wed Pow by blood; (3) has exWs * lived with the insured Pesos for at least one year prior to the date of enral(meft (N Is rat I pa?y marred of separated; and (5) as of the date of errolktxrit Ns vdih t1+e its: red Person at least two of the following financial arrangements. (a) al1oint mortgage Or eau; (b) a joint bank aacunt (d joint We to or owneriNP of a motor vehicle or AIM as a joint lessee on a mots vehide Nast; or (d) a joint credit card account wiN a financial instlwciom Neiter the insured Person nor the Domestic partner can be married to, nor in a OA union with, anyone elm. duAi ( means the covered dreumminces for which this insurance is provided as stated in Section III of the Declarations, Howds, and described in the Hazards form, as &-Afted on Me 1 of ft Description of Coverage, Wad nxans all Cardmembers, their spouses, Domestic Partners a De 1Mt Children, as will as authorized users of the Account ko means the loss of Lite, ' em oftlit means death, inducting clinical death deUernnined by the W1 governing medical authotities. jog means DFS Services LLC, the entity respo nsib(e for the payment of premnum. StiradUkd. fiah means an aircraft owned arndior operated by a Scheduled Aline. Srhedul means an airline which is either of united States registry and ce?the Unhed states government to carry pas on a regulelysdeduled basis or of foreign rester and approved by tt.. Unitod States government and the appropriate fafeign authority, WK means hostilities following a dWaMion of war by a mant auftri* If there is no dedaratfan of War, than (1) anted open and continuous hnzsWes beiwwn two countries or (2) armed, open and continuo u hostilities between two factiats, each in control of tethory, or claiming jurisdiction over the site of the area of hostility DISAPKARANCE I13MIN t the insured Person has not been found within ax yyeeaarr of the duppowairhae stranding inking, wrodkip or breakdown of any Sd odued Aba'att or co neyanccee iinecwthidh No traced eson we; covered dx InsOWJpK it will ured Pelson his be assumed, Lo of Life to all catered urdterms der Wn p?orq Oq that EXPOSURE IENEFiTS. Accident includes unavoidable exposure to elements arising from a covered Hazard. EU(iNIUiT: This inwcartae plan 4 provided to Insured Persons; axiomatically when the entire cost of the passenger fare(s) on a Scheduled Airline is charged to the Cardmembe's Amount while the insurance is effeative. h is not napery fa you to notify the Polkt hdde or the Company when Schedulad Anrllrm Udcau new purdtawd. EffECM DATES: Your insurance under this insurance plan is effective on the later of: 1) April 1, 2007; as 21 the date you became an eligible Cardmembec Your insurance coverage under this iruutantt plan will cease on the earlier of. (1) the dale the I suiamt coverage is terminated; of (2) the date you cease to be an eligible Cordrnernber, 19- 12/1 SM I U;44 PM COST, This insurance plan is provided at no additional cost to eligible Insured Persons for Covered Trips, Policyholder pays the full cart the Insurance. THI BININCtARY: The loss of life benefit YA be paid to the beneficiary designated by you, K no such designation has been made, that benefit will be paid to the first surviving bendkcisy in the following order. a) your spouse; b) your chRdren; o? your perotR, d1 your brcethert and sister, ei your estate. AR other indemmbes will be paid to you. If you wish to change your beneficary, you may request a baneffdary designation form by writing to the plan administrator at The Direct Marketing Group. kc?,13263 Beard Amur, Omaha, NE 68164 at at Benefidakymquet(OlWift(tMG.com. EXCLUMONS; This insurarocc plan does not cover Loss resulting from: (1) an Accident occurring while an insured Person is in, entering, or asuti2.1 sxr?yy aircraft owned. leased or operated by this Policyhsolder or any att owned, leased or o aced by an amp a of the Policyholder on behalf of the Policyholder this esduslon doe,=a not apply to aircraft chartered with pilot or crew on one time charter basis). (2) an addend while an insured Person is in, emering, or rAdN any aircraft while acting or training as a pilot or crew member (shit exclusion does root apply to passengers who temporarily perform pilot or crew functions in a We threatening emergency); (3) emotional trauma, mental or physical ;Woos, disease, pregnancy, childbirth or rrisarriage, bacterial or viral infection, or bodily malfunctions (except bacterial infection caused by an Accident or from Accidental consumption of a substance contaminated by bacteria); 4) suicide. attempted suicide or Lou that is interstionalh) elf int6cted; or 5) declared or undeclared War. CLAIM NOM; Written claim notice must be given to the Company whIrin 90 days after the occurrence of arty Loss covered by this policy or as soon as reasonably possible. Failure to cave notice within 90 days will not invalidate or reduce any otherwise valid claim if notice is given as soon as reasonably possibit. 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 Less CLAIM PROOF Of LOSS: Complete proof of Loss must be given to Comrny within 90 days after the date of Lou, or as soon as reasonably possible. Failure to give complete proof of loss within these time fames will not invalidate any otherwise valid claim if notice is given at soon as reasonably possible and in no atrst later than arse year after the deadline to submit complete proof of Loss CLAIM PAYMINi; The Company will pay you or your beneficiary the applicable Benefit Amount wi9t in 60 days after complete proof of Loss Is received and if you, the Policyholder and/or the beneficiary have condplied with all the temp of die polity. ARBITRATION: In the event of a dispute under this policy, either the Company or the Insured Person may make a written demand for anbluailon. In that case, the Company and the insured Person will each select an arbitrator. The two arbitrators will select a third. N they cannot agree within 15 days, either the Company or the Insured Person may request that the choice of arbitrator be submitted to the American Arbitration Association. The arbitration will be held in the state of the Insured Pcnon's principal residence. IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE -2u• CWMS WIVl(3E CKWIN AT 14II&OLAtIMMSO 04o0.252-4670). You can also go to the Campany Web site (www.dtubb cam).. dick on Report a last, select Accident. Benefits and Life claims, select the appropriate form, print out the claim form, fill out and mail. You can file a claim by mail or tax. MAM Address: CHUB$ GROUP OF INSURANCE COMPANIES CLAIMS 9M CENTER 6W INOIPINDINCE PARKWAY PO BOX 4700 CHESAPEAKE, VA 23327.4700 Fax Number. 1-S0o-302538 As a handy reference guide, please read ft and keep it in a safe place with your other insurance clwmients. This defuiption of coma is not a tontrAd of insurance but is a summa of cite prltxipal provisions of the insurance while in effec6 Coln Mc Ddiry provisions are contained in the Master Policy, which can be abtaitxd from the Policyholder: Policy #9906.16-06 Policy Underwritten By Plan Administrator Federal Insurance Company The Direct Marketing Group, Inc. a member Insurer of the 13263 Badf ord Avenue Chubb Group of insurance Companici Omaha, NE 68164 15 Maintain view Raid, PO Bak 1615 Warren, NJ 07061.16SI DESCRFWN OF COVERAGE SECONDARY RENTAL CAR COLUSION COVERAGE Discovers' Cardmembers can benefit from the security and safe ty offered thrnagh Extass Collision Dania Waiver. 0 you rent a vehicle for 31 consecutive days or Tess (or 45 under certain crrcumnances described below) with your Card to defrn behsw?, you may be eligible for benefits under this coverage, Excess Wlkon Damage Waiver is an insurance program underwritten by Federal Insurance Company Policy 09906.17.63 (the "Policy"). DEPINRIONS: AsT?lmS means a Card account, Actual Cash means the con to repair or replace the Rented Am at the time of toss, less depreciation. Caidnnamber means the holder of the Card whose name appears on the credit card, Card means the Discover Card. Collision means the direct and accidental damage to a Rented Auto caused by upset or collision with another ob)ec4 Colllskn, Damage does not include loss caused missiles, falling o 'ects, fire, theft or larceny, esgltoston, earthquake, windstorm, hail, water, oflood, malicious mischief or vandalism, riot or dA commotion, SAY means the Federal inmanca Cornparry. hind means Cerdottink rs and authorized users of the Account. means OFS Services UQ the entity responsible for the payment of prenfasm, means a commercial automobile rental compary licensed u the W-A of the appticabk jurisdiction. Retried Agggobile means a four-wheeled private passenger type motor vehicle or a mirwan manufactured and designed to transport a maximum of seven passengers and used excursively to carry passengers. A Rented .zt. I ioi)omo g2gOK,1L22AGa2r0 okaen_read.r.inW 23.24 12JISM k;35:44wa Automobile must be designed for travel on public roads and rented from serial Agency. TO GET COVERAGE; • The Collision Damage waiver Coverage 4 provided to you, as in Insured, automatically when the entire rental fee for the Rented Automobile is chard or debited to yaw AcmrvL It is not necessary for you to ratify the Company it the time the rental fee is d+arged or debited to your Account. • You must decline the LassiDamaye Waiver offered by the veltide Rental Agency. • You must rent the vehicle in your own name and Siryl the vehicle rental a preemeritkontract. • The coverage period will not exceed It (onScwtive days, or 45 consecutive days if the Insured is an employee of an organization which has provided a Card to the Insured for business use. THE KIND OF COVERAGE YOU RECEIVE: In consideration M tic premitan paid by the Ph>I'rryholder as required, and wbject to all the tenrts of the Pdt'ty? the Company agrees to reimburse on an Attwl Cash Value bass either the hnacd or the Rental Agency for repair or replacement of the Rented Automobile as a result of Collision Damage tothe Rt nttd Automobile, The Company's IialaiRty will be for a maximum re6sbursemmtof S25AOO.In no event wig the Company be liable beyond the anoints actually paid by the insured or the Rental Agency. • If you at an Insured'; primary vehicle insurance or other coverage has made payments for a covered Ions, Excess Collision Damage Waiver wig cover your deductible and any other eligible amounts not covered by other Insurance. • Phis coverage is not 8114ndu5ive, which means it does not cover such things as prrsOnal in urryy or personal liability. R does not cover you for any damages to other ve?udes or property. R does not cover you fa any injury to any party. WHO 5 COVERED: • Discover Cardmembeis EXCLUDED WAL VEHICLES; Off-road, antique or limited edition motor treltides,; Lucl(S; recreational vehicles, campers, pickup Ludt;, and minlibuies; TimiNd edition motor vehicles or high value exotic, high performance or ralledar type. Hi?gIh, value rata vthkki are motor vehicles whose replacement wlue exhceeds 55 n and antqque motor vehicles are defined as airy vehicle over 25 years old, or any vehicle which has not beers 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 ES NOT COVERED: Covtragc does not a'pIY to loss resulting from the following: • Any dishonest frau nt or criminal act of the Irtsured. • Forgery by the Inuured. Lou due tv vier ear crsrifhotiorr by authorities, • Loss due to nuclear statues or radioactive contamination. • The insured being intoxicated, as defined by the laws of the jurisdiction where the toss occurred, or under the influence of any nareotk unless prescribed by a physidan. • Use of the Rervted Automobile to carry passengers and property for hire. -22- • 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 • Intervtlonat damage to the Rented Automobile by the Insured. • Damage which is due and confined to wear and tear, freezing. mechanical or electrical breakdown or failure, • Damage to Urea unless the loss d coincident with a covered loss. • Use of-the Rented Automobile in tests, rata or tame ta. • The Rented Automobile being operated or located in any territory prohibited by the terms at the Renal Agreement. FOR 8N0REp$ WHO ARE P*W YORK STATE RESIDENTS; To the extent that this plan provides insurance against damage to a rented motor vehicle, the following temts and conditions apply (1) the period of insurance coverage will not exceed 31 consecutive ays, Or 45 consecutive days if the Insured is an emnplayee of an ion which has provided the Card to the hued for business use; s tale inwrance provided by this plan will be excess over a other wild and collectible insurance cow. ing the Rented Automobile. However, the insurance pprovided tahder this plan may be primary it specifically provided for under the terns of thispIin and If the fdlpnving criteria is met; (a) the Rented Autonabile h rented for use outside the United States, is territories and possessioru; lb) the Insured is an employee crf an organization which has provided tine Card to the Insured tar bunnies; use, and (rJ the Rented Automobile is rented without a driver. HOW TO HIE A CLAIM UNDER EXCESS COLLISION DAMAGE WAVER: In the event of a claim, written or verbal notice must be provided is soon as reasonably possible. IF YOU HAVE ANY CLAIM RELATED QU RON$. PLEASE CALL THE CLAIMS SERVICE CENTER AT 1414,CWRES4 (11411 2U*70). You an also go to the Carnal" Web sfte (wwwdnlbhcom), dick an Report a LOSS, select Acadnv4 BerieW arsdlife d*41lllitOtteaMopriate form, print out the claim form, fill out and mail, Ypp on file a claim by mild or to, Melling Address: 0411118 GROUP OF INSURANCE COMPANIES CLAIMS SERVICE CENTER FAO INDEPENDENCE PARKWAY PO BOX 4700 CHESAPEAKE, VA 23327.4700 Fax Number: 1.800302538 CWM fiko URE, The Insured must sencl the Comparry written notice of a claim, inclding the ksund's name and Policy numb% within 90 days after a wowed loss occurs. If notice cannot be given within that time, it melt be given as soon as reasonably potible. To file a sworn Proof of Los; the Insured must send the fellow" information to the Company or its authorized representative: • A copy of the Account statement showing the automobile rental transaction. • A Copy of the automobile rental agreement. • A Copy of the police report • A copy of the initial claim report submitted to the automobile Rriltal Agency. • A copy of the paid claim presented by the automobile Rental Agency for the Collision Damage tar which the Insured is responsible. -23- 1000MO_0980K-TL22AC0210_01]ei,jrad.,lndd 26-29 1211=9 106.44 PM • Proof of submission of the loss to, and the results of any settlement or denial by the applicable insurance carrier(s). • II no other insutarict is applicable, a notarized statement from the Insured to that effect. Renal *r Keane refer to the esstrance Disdosues section. INSURANCI DISCLOSURES As a handy reIlerence guide, please read this document and keep it in a safe place with your otter insurance documents. This Summary of Coverage is not a contract of insurance but is simply an informative statement to eagibk Inuure? of the prindpal peov'hstow of the insurance while in effect Complete provkiats pertaining to Iris Alan of insurance are contained in the master policy on fie hNiih Of5 Services I.I.C. herein referred to as the Policyholder ff a M in this Summary of Coverage and any provision in the policy differ, the policy will govem, Policy Underwritten B Plan Administrator Federal Insurance Comp (`Company") The Direct Marketin Group, Ytc. a member Ot IIle 13265 Word! venue Chubb Group of Insurance Companies Omaha, NE 68154 IS Mountain Yew Road, PO Box 1615 Warren, NJ 07061-1651 Master Policy Number: 9906-17.63 Effective date of benefits: Effective April t, ZOOM, this guide replaces all prior disclosures, program destriptions, advertising, andfor brodwres by any party. Policyholder and Company reserve the right to change the benefits and features of these programs at any time, CarscaBation: Policyholder can cancel these benefits at any time or choose not to renew the insurance coverige tar all authorised Cardmembps, It PokKyyhholder does cancel these benefits, you will be notified at least 60 days in advance. if the Company terminates, cancah, or chooses not to renewthe coverage to Policyholder, you will be notified as soon as is practicable, Insurance benefits Q sd8 apply fix any benefits you were PShgible for prior to the date of such termination; car"llatior,, or nmrenewal, subject to the terms and conditions of coverage, fknefrts to you; These benefits apply only to Cardmemberswhose cards are Owed by US. flitancial kahutions. The United States is defined as the 50 United sldtm the District of Columbia, American Samoa, Puerto Rlcu, Guam and the U.S. Virgin Wands. No person or entity other than the Cardmember shall have any legal or equitable right remi:4 or claim for insurance proceeds anfor damages tinder or ariting out of this coverage. These benefits do not apply I your Card uWeOes have ben cancelled. However, insurance benefits will still apply for arty efit you were eligible for prior to the date that your Account is suspended or cancelled subject to the terms and condition of towage of your Cardnember Agreement 71ransfer of rights or benefits; No rights or benefits provided under these inwrano@ benefits may be assigned without die prior written consent of the Company, Misrepresentation and Fraud: Coverage of the Insurer) v Alf be void if, at any time, the Inured has concealed or misrepresented any matcrial tact or circumstance conceming this coverage or the subjrsct thereof or the interest of the Insured herein, or in case of arty fraud or false swearing by the Insured relating thereto. Coverage for an Insured wil be void it, whether before or after a loss, the Policyholder or itc subscribing organization(s) has concealed or . 24 . misrepresented any material fact or circumnunce tonteming this coverage or the subject thereof or the interest of the Insured therein, or in rase of any fraud or false swearing by the Policyholder or its subscribing orgamza6mW relating hff to. under" of Policy irrsreds All Nigible persons YAN be automatically insured un, fumilmaMn Under talk It is a condition of this insurance that the Insured aril the Poder, as often as may be reasonably required by the Company, wilt submit and within its power cause ottMrs to submit, to examinations undo oath and will produce for examination all writings, books M account bills, invoices and other vouchers, or certified copies thereof if otiginak are tort at such reasonable time and dace as may be designated by the Company or its repruardative, and will pan* extracts and copies thereof to be made. No such examination under oath, txami Oon of doaltments or any other ad of the Compantt itt employees or representatives in connection With the Investlgetlon of a loss or en wit be deemed a waiver of defense and such am shag he deemed to have been made or done without prejudice to the Company's liability. No Benefit to Otltem The coverage will in no way Inure directly or indirectly to the berirfit of any insurer, person or organRatlon or otter bailee, S R k a condition of this insurance that d the Company pays the btsur for a Ion, it will require the Insured to align and transfer any claim or right of action againtt any individual, firm or corporation for such loss to the Company or suhrogate or hold in tout all such rights to the extent of the amount paid. The Insured will agrtr to take actirm at vertuvaed by the Insured, the IInnwrcetdsaagreresslto direct epayment by the Comp" nforcement of s rights t as reasonably requested by the Company and to return to the Company any recovery to the extent payment o loss has been made by the Company. Arbitration; in the event of a d<gmt under this policy, tithe ire company or the Insured may make a written demand for arbitration, in that case, the Company and the insured win each select an a biVistor. The two arbitrators will select a third. if they cannot agree within 15 days, either the Company or the Insured may request that the choice of arbitrator be submitted to the American Arbitration Association. The arbitration will be held in the state of the Insured's principal residence. GLOBAL TRAVELER'S HOTLINE TERMS AND CONDMONS The Global Traveler's Hotline Provides Cardmembers and their families a wide range at tree travel assktahce benefits. it is operated by AXA Assistance USA, Inc, Visit Discovereard.eornl ravel to loam more. eigihdity. You nhust be d Cardmember whose Account is in good standing, die Coedmembels spouse or dependent child traveling with the Cardmember or an Authorized User of an Account in good standing. Third-Party Ctrs pals tW Trav f? Wi e Is rot Insurance, so you will be ponsi l" expense; for wvices requested, such as professional or of ees, Avalbbtety of Services Certain services m not be available in all areas. Cass us at 1•0004111COMER (I-ND-347-M3) for osslAvixt oq it you have questions about a specific destination. Outside the U,s„ oil us colkct at 1.801.902-3100 AXA Aisistance will make every itasonabie effort to provide the services, neldier AXIS Assistance nor Discover Bank or our respective affiliates wit be liable if a service is not provided or for any services that are pro?adad by third partles. The services and these terms and conditions are subject to change vrUhout notice. -25• i ioDemo_02aoK_rL22Aoa210_01361 raadarAnM 2728 121IL" 13a:44PM STOCK & GRIMES, LLP By: FRANCIS X. GRIMES, ESQUIRE I.D. NO.:62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney For Plaintiffs DISCOVER BANK Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. JOSEPH P. RUANE Defendant NO. 11-4953 CIVIL ACTION PLAINTIFF'S REQUEST FOR ADMISSIONS AND INTERROGATORIES DIRECTED TO DEFENDANT Pursuant to Pa.R.C.P No. 4014, Plaintiff, through its counsel, hereby requests that Defendants make the following admissions within thirty days after service, for the purposes of this action and subject to all pertinent objections to relevancy which maybe interposed at the trial of this case. ATTACHED EXHIBITS Exhibit "A" attached hereto are copies of the Discover monthly statements for account 8109 for the period June 3, 2009 through December 3, 2010. Exhibit "B" attached hereto is a copy of Defendant's executed application for 8109. Exhibit "C" attached hereto is copy of the Cardmember Agreement for Defendant's Discover credit card. ADMISSIONS AND INTERROGATORIES Exhibit "A" are true and correct copies of the Discover Bank monthly statements for account -8109 for the period June 3, 2009 through December 3, 2010. If the Defendant denies that Exhibit "A" are true and correct copies of the Discover Bank monthly statements as alleged, provide a full and complete basis for the Defendant's denial? Admitted 2. Exhibit "C" is a true and correct copy of the Cardmember Agreement for Defendant's Discover Bank credit card. If the Defendant denies that Exhibit "C" is a true and correct copy as alleged, provide a full and complete basis for the Defendant's denial? Denied. The correct written agreement for defendant"s card is evidenced by reference number TL21J.0509. Defendant received on a monthly basis the Discover Bank monthly statements for his account which are attached as Exhibit "A". If Defendant denies receiving any of the monthly statements identify the statements which were not received and what the Defendant did, if anything. Admitted. 4. Defendant made or authorized the purchase(s)/charge(s) reflected on the Discover Bank monthly statements attached hereto as Exhibit "A". If Defendant denies making or authorizing any of the purchase(s)/charge(s), identify the purchases/charges and the monthly statements reflecting the unauthorized purchases/charges and explain in full and complete detail what, if anything, Defendant did upon learning of the unauthorized-purchases/charges. Admitted. Defendant executed the cardmember application attached hereto as Exhibit "B". If Defendant denies executing the cardmember application, identify who executed the application. Admitted. 6. Defendant agreed to the terms and conditions of the Cardmember Agreement attached hereto and marked Exhibit "C". If Defendant denies agreeing to the terms and conditions of the Cardmember Agreement, explain in full and complete detail what, if anything, Defendant did to communicate his/her unwillingness to agree to the terms and conditions of the Cardmember Agreement. Denied.See item 2 above. 7. The Defendant made or authorized all of the payments and/or credits reflected on Exhibit "A". If the Defendant denies making all of the payments and/or credits, explain in full and complete detail what payments and/or credits he did make or authorize and which payments and/or credits he/she did not make or authorize. Admitted. 8. The Defendant(s) have not disputed any of the charges in writing within sixty (60) days of receipt of the monthly cardmember statements as required pursuant to the Fair Credit Billing Act ("FCBA"), an amendment to the Truth In Lending Act ("TILA"), 15 U.S.C. § 1601. Admitted if required by law. 9. Defendant's balance owed to Discover Bank on December 3, 2010 was $3,097.39, which was accruing interest at the default rate of 15.99% for Purchases 07/23/2010 and after, 10.99% for Purchases 07/22/2010 and prior and 3.99% for Balance Transfers. If the Defendant denies his/her balance and/or accruing interest rate, then identify any and all inaccuracies and provide any/all documentation supporting Defendant's denial. Denied. After thorough investigation, defendant is unable to certify accuracy of late fees and interest calculations and strict proof is demanded at trial. STOCK $-GWMES, LLP DATE: G Zf BY: FRA IS X. GRIMES, ESQUIRE Atto ev for Plaintiff VERIFICATION JOSEPH P RUANE hereby VERIFIES and SAYS that he/she is the Defendant in the within action; and that the responses to Plaintiff Is Request For Admissions are true and correct to the best of his/her knowledge, information and belief. I understand that the statements made herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. C:?E Y?. CERTIFICATE OF SERVICE I certify that I served a true and correct copy of aforementioned respnses upon FRANCIS X. GRIMES by regular first class mailortod/ta/id. DATE: ? -- Q\ C - P. Ruane IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Discover Bank Plaintiff CIVIL TERM NO. 11-4953 V. JOSEPH P. RUANE Defendant NOTICE TO PLEAD TO: Discover Bank c/o Francis X. Grimes, Esquire r*F C._. r M -r; .., - o CD C C") 0 You are hereby notified to file a written response to the enclosed Answer to Second Amended Complaint with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. ose h P. Ruane, Defendant TRUE COPY FROM RECORD in Testimony whemd, i hao unto sat my hand and thei sa?of said at fem. This10- day of 20 I/ P ry IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Discover Bank Plaintiff V. JOSEPH P. RUANE Defendant CIVIL TERM NO. 11-4953 ANSWER TO SECOND AMENDED COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. After reasonable investigation, Defendant is without knowledge or information to form a belief as to the truth of DB Servicing Corporation's relationship to Discover Bank. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. Defendant admits receiving the card and a card member agreement. Defendant denies receiving the agreement attached to the Second Amended Complaint and denies attached agreement applies to Defendant's account. 8. Denied. Said statement is a conclusion of law to which a response is not required. 9. Admitted. 10. Denied. Said statement is a conclusion of law to which a response is not required. 11. Denied. Said statement is a conclusion of law to which a response is not required. 12. Admitted. 13. Admitted in part and denied in part. Defendant admits last payment was processed on or about May 30, 2010 but denies reminder of said allegation as being a conclusion of law to which a response is not required. 14. Admitted in part and denied in part. Defendant admits failing to pay an outstanding balance on the account, but Defendant is without knowledge or information to form a belief as to the truth to the balance due being $3146.45 on January 31, 2011 nor has Defendant assented to the correctness of said balance. Count I - Breach of Contract 15. Denied as set forth herein. 16. Denied. The Plaintiff fails to properly plead any factual grounds or authority for additional damages. Furthermore, said allegation is simply a general demand for relief to which a specific response is not required. 17. Admitted. 18. Admitted. Wherefore, the Defendant respectfully requests said demand be denied. Count II -Account Stated 19. Denied as set forth herein. 20. Denied. Said statement is a conclusion of law to which a response is not required. Wherefore, the Defendant respectfully requests said demand be denied. Count III - Unjust Enrichment 21. Denied as set forth herein. 22. Denied. Said statement is a conclusion of law to which a response is not required. 23. Denied. Said statement is a conclusion of law to which a response is not required. Wherefore, the Defendant respectfully requests said demand be denied. NEW MATTER 24. Plaintiff properly alleges a written agreement exists between the parties but failed to attach the correct agreement to the pleading. 25. Plaintiff demands judgment to include attorney fees, costs, and interest but has not specifically plead said fees cost and interest nor provided authority for same. 26. Plaintiff pleads an account stated cause of action but fails to properly plead the elements and more specifically, fails to allege the Defendant assented to the correctness of the account. 27. Plaintiff pleads an unjust enrichment cause of action, but the parties agree a written agreement exists which thereby negates the said claim. Wherefore, the Defendant requests all demands be denied and said matter be dismissed. DATEDIA li a- Respectfully Submitted, P" If osep P. Ruane, Defendant VERIFICATION The statements made in the foregoing Answer to Second Amended Complaint with New Matter are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Uoseph P. Ruane, Defendant DATE: 44 ' /,l (/T /J pfY? R-`?RN?H9T??B /Yew ?r?.vn+sw? r (21 ,) 576-1000 < ?raras?t ? ?.. . ?+.rwsa[ August 9, 2012 Mr. Joseph P. Ruane 133 Westgate Drive Mount Holly Springs, PA 17065 RE: Discover Bank v. Joseph P. Ruane Court of Common Pleas, Cumberland County, No. 11-4953 Dear Mr..Ruane: Enclosed please find Plaintiff s Requests for Admissions and Interrogatories with Exhibits. Please respond pursuant to the Rules of Court. Please note that the Exhibits, which are business records, are intended to be submitted at any Arbitration and/or Trial, pursuant to Pa.R.C.P. #13051#1311. In an effort to amicably resolve this matter, I am authorized to extend the following settlement offers: 1. $2,400.00 payable on or before August 25, 2012; or 2. $2,900.00 payable over twelve (12) equal monthly installments of $241.66 commencing on or before August 25, 2012; or 3. Monthly payments of $150.00 commencing on or before August 25, 2012 on a Stipulated Judgment in the amount of $ 3,516.00, with a deferred settlement discount of 25% in the future when you are in a position to settle this matter. Kindly review the above offers and advise. Thanking you for your courtesy and cooperation, 1 am X. Grimes FXG/kd Enclosure THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR TIiAT PURPOSE. STOCK & GRIMES, LLP By: FRANCIS X. GRIMES, ESQUIRE I.D, NO.:62404 804 west Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney For Plaintiffs DISCOVER BANK Plaintiff V. JOSEPH P. RUANE Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-4953 CIVIL ACTION PLAINTIFF'S SECOND REQUEST FOR ADMISSIONS-AND INTERROGATORIES DIRECTED TO DEFENDANT Pursuant to Pa.R.C.? No, 4014, Plaintiff, through its counsel, hereby requests that Defendants make the following admissions within thirty days after service, for the purposes of this action and subject to all pertinent objections to relevancy which may be interposed at the trial of this case. ATTACHED EXHIBITS Exhibit "D" attached hereto is copy of the Cardmember Agreement for Defendant's Discover credit card. Exhibit "E" attached hereto is a copy of Defendant's responses to Plaintiff's initial Request For Admissions. Exhibit "F" attached hereto is a copy of the monthly statement forwarded to the Defendant for the period ending December 3, 2010. ADMISSIONS AND INTERROGATORIES l , Consistent with Defendant's response to Plaintiffs initial Request For Admission number 2, a copy of which is attached hereto as Exhibit "E", Exhibit "D" is a true and correct copy of the Cardmember Agreement for Defendant's Discover Bank credit card. If the Defendant denies that Exhibit "D" is a true and correct copy as alleged, provide a full and complete basis for the Defendant's denial? 2. Consistent with Defendant's response to Plaintiff's initial Request For Admission number G, a copy of which is attached hereto as Exhibit "E", Defendant agreed to the terms and conditions of the Cardmember Agreement attached hereto and marked Exhibit "D". If Defendant denies agreeing to the terms and conditions of the Cardmember Agreement, explain in full and complete detail what, if anything, Defendant did to communicate his/her unwillingness to agree to the terms and conditions of the Cardmember Agreement. 3. Defendant's balance owed to Discover Bank as reflected on Exhibit "F" for the period ending December 3, 2010 was $3,097.39, and which statement reflects an interest rate of 15,99% for Purchases 07/23/2010 and after, 10.99% for Purchases 07/22/2010 and prior and 3.99% for Balance Transfers. If the Defendant denies his balance and/or the interest rates, then identify any and all inaccuracies and provide any/all documentation supporting Defendant's denial. GRIMES, LLP L-"-- DATE: BY: FkWIS X. GRIMES, ESQUIRE Att ey for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of Plaintiffs Second Request For Admissions and Interrogatories on the date indicated below to all parties or their attorneys of record. by: X regular first class mail certified mail other DATE: LLP BY: " J N --.. S X. GRIMES, ESQUIRE for Plaintiff YOUR DISCOVER" CARD ACCOUNT CARDMEMBER AGREE: MENT .............................Pages 1-13 The terms and conditions of your Account including how we calculate finance charges, our fees and an Arbitration of Disputes section. You have the right to reject the arbitration provision wdh respect to your new Account within 30 days aRer receiving your Cent. as explained in the "Right to Reject Arbl00on" section at page 12 PRIVACY POLICY ................ ........... .................... ipayes 13-16 A summary of the personal information we collect, when 4 may be shared with others, and how we safeguard the confidentiality and security of information. You may limit our sharing of such L4bnnation with others as explained in section 4 of the Privacy Poiroy at page 15, BILLING RIGHTS .................................................Pages 16-17 Important Information about your rights and our responsibilities under the Fair Credit Billing Act DESCRIPTION OF COVERAGE ..........................Pagan 16-23 The term and Condition of the Scheduled Air Travel Accident Insurance and the Secondary Rental Car Collision Coverage that is provided at no charge to you when you use your Card to purchase airline tickets or rent an automobile, GLOBAL TRAVELER'S HOTLINE ..............................Faye 25 The terms and conditions of this free travel assistance benefit. 02009 pnewm Bank, Member FoiC TL21J.0509 CARDMEMBER AGREEMENT Please read this Agreement carefully babre using your Oiscovee Card Account it cordains the terns and conditions of your Account, some of MOM my have changed from arker materials provided to you. In the event of any differences, this Agreement shall control. We respect your privacy. Sao the privacy section on papa 9 and our Privacy Pocky for additional Information. The Arbitration of DINNIas section on page 111 Includes a walver of a number of rights, including the right to a jury trial. The Right to Rejfct Arbitratloa sectbn on page 12 describes the proceduro you must follow if you desire to reject the Arbitration g( Disputes section. DEFINITIONS 2 USING YOUR ACCOUNT 2 Your Aavpfarrar of this AgroamW .......................................................... 2 PermidedUses dYour Muni ................................................................. 2 Pmhibpd Uses d Your Acoount ................................................................ 3 Purrhases and Cash Advatcss in Foreign Offends .............................. 3 Cash Advances ............................................................................................. 3 Balente Tranafers ....................................................................................... 3 3 AW+atted Users .................................... I.-............................................... 3 UnaulhabM Use ....................................................................................... 3 Your Credit t nas ..... ..................... -........................................................... 4 MAKING PAYMENTS ........................................................................................ 4 Promise lc Pay ................................... ................................................... 4 Mont ily W ft Slalernent ........................................................................... 4 Modhy Payme t 00", .11- ............................................ 4 Atrtorrtalic 136irg Artartgerte+t{S .................... ........................................ 5 Now Nk AM Palnmaks ............................................................................. 5 Mininam Monthly Payrrwrt ........................................................................ 5 s Credit Balances ........................................................................................... 5 FINANCE CHARGES .......................................................................................... 5 How V4 Calculate Periodic Fir>ar>ae Charges. ............................................. 5 Ifav M Calwale Your 8ilan= .............................................................. 6 Variable or Fbmd Interest PAss ................................................................. 7 DoW Rale .................................................................................................. 7 Casts Adrartce Transaction Fee Fiwnoe Ctwrpes ..................................... 7 Balance Trantter Transaction Foe Fnana Chargee ................................. 8 Foregn Currency Trareadton Fee FNanoe Chatpes .................................. A mk*nutn Finance Charge ................ ............................................... 8 FEES .............................................................................................I.................... e Annual roe ................................................................................................... 8 Late Fee ...................................................................................................... 8 Overinht Fee ....................................................."...,,......"............................. 8 Returned Paymwd Fee ....................................................... "I"....,...,,...,., B Returned Disk" Card Chedt Fee ........................................................... 9 Paotftone Fee .......... ..._....... ................................................................ 9 R,arewch Fee .............................................. ........................................ _..... 9 DEFAULTAND CANCFUT10N ..................................................................... 9 TypesdOahht ............................................................................................ 9 COWOQUN= d Ddaut ........................................................................... 9 Cancetsiorh .................................................................................................. 9 PRIVACY AND OUR COMMUNICATIONS NTH YOU ..................................... 9 Our Privacy poky ............. ............................. ............................................. a Reporting to Curdt Reprlutkhg Agencies ..................................................... 9 OurComrruni I1"withYou ................................................................. 10 ReleasN Infomwtion About Your Account .............................................. 10 E11drarueNaticeatoYOU .......................................................................... 10 Naboes-CNergato Your kdoumration .................................................. 10 CLAIIMS AND DISPUTES .......................... -............ ._................ .......,............. 10 Merdhent Disputes 10 Claim Nofices .................. ............. ..,...........,.,.....,........................................ 10 Arbitration of DusptrAes Right to P4adArbitrelion ........................................................................... 12 LEGAL INTERPRETATION OF THIS AGREMNT ....................................... 13 5everabitly ............. '11.11---- ..................................,., ..,...,...,,.,,..,.., 13 Compliance with k** Rate Limitations .................................................. 13 Law ............................................................................................ Govemig 1 ASSIGNMENT OF ACCOUNT .......................................................................... 13 CMANGES TO THIS AGREEMENT ................................................................. 13 DEFINITIONS "Account" means your Discover Card Account "Authortad Usw" means any person whom you asrthahae to use your ACaotr d or a Card, eh*w you nd'(y us or 0. "Card' means any acne or more Dscover Cards Issued to you or someone 01111 with your auAtnodta6orh. "PrlcIN Schedule" means ft doasnent awomponyirg your Cad and swing the Finance Charge rates That apply to your A=0L The Pd* Schedule is part or this Agraenrant. "We," "us" and "our" rotor to Discover Bank, the issuer of your Disomw Card. "You,.. "your" or "yours" refer to, in addition to you, the Car0wnber, any other person or persons who are also crx+tx1mly liable under this Agreement USING YOUR ACCOUNT Your Acceptance of this Agnament The use of your Account or a Card by you or aA Awooked Uw or your failure to canal your Amount within 30 days altar receiving a Cad, means you accept this Agreement ir*Kl ng the Arbitration of Dwpulw wtion on page 11. You may, however, reject the ArbitrWw of Disputes section as expiaaed on page 12. Pwmitted Uses of Your Account. You account may be used for Purchases - to pordnase or tease goods or services from pariicipatisp merchants by Menting your Cad or Aocart number or by using promotional dices, vrtO we may l mish to you, in accordwhee with such additional terms and conditions as wa may alter him time to time. Cash Adyanoes - to obtain Cash advaroas from participating aulmiated tzar rnwhi m. financial nsliutions or other locotWs, the purchase at Wow **ft weirsck wages, vouchers redearnabla for cash or for cosine chips, money orders, traveler's dledts, savings borsch, foreo cumrq and wiry banstrrs, or try means of decks which we may furnish to you, at in mooonlance with suds additional terms and condtm as we may offerfrom tine to time, Balance Transfers- to transfer balances from other creditors or to make amen barnacdosis by means of balance twister ooupons or checks, in aooordahoe with such additional terms and owditions a5 we may offer ran time to time. In addticrs. yourAcomat may be used to guarantee reservations at patio•i.potap estabtrdruarnts. You wit be table for guaranteed reservations that am not carhoeted prior to tie time specified by On establishment Your Accent may be used for personal, family, housel'sold and charitable purposes. Prohibited Uses of Your Aceaunt YarAo=A may not be used to obtain hens to purchase, carry or trade in seauties, io pay any amount you owe under this Agn'trrrwR or for any transactions that are unla,* tsl wham you reside a where you are physically lord when you use the Account to insole the 7aneadidn (Prohibited Transadians7. Purchases and Cash Advances in Foreign Cuuraac" t you make a purdtase or cash advance in a taegn assay, it will be converted to U.S. doW using Wier a gamninorkriand M hale, a govanynanhpuhliNred rate or the interbank exchange rate, depending on tae country and Wrorq In which the traAWO is mote. The rate used will be the rote in effect on the oxwerston dale for the transaction, M d may be d6went then she Transaction Doge as tithavn on your Stalamard. We charge a Foreign Currency Trarha ow Fee Finance Charge for each p.rctaee made in a foreign ourrerruy as dewftd in me Foreign Currency Transaction Fee Finance Charges section on Page 8. Cash Advsncea. Wr may penodicayf offer you spacial ra1K on cash advorim for the rime period specified in the offer, subject to the De butt Rate section. The offer may contain a Cash Advance Transaction Fee Firm Charge for eadr casts advance. After the agwatim d the special rate, the standard Annual Pe oeraage Rase for cash advances wit apply, Balance Transhm. We may po Wiaty oft you the oppor-tu* to maW balance U>irsfers from other rre6tas or to make other transmlions to yosrAccpsnt by means of balance tonslor coupons or Checks. Each offer will contains an initial special rate, which wit be the Annual Percentage Rate that %V apply to transferred balances for the time period specified in the attar. subjac! 10 the Debut Rate section and may Wnt* a Balance TrA*w Transaction Fee Finance Charge for each balance transfer made during the term of the dler, 85 dm*YAd in the offer and as sal forth h the PmN Schedule, t applicable. Alter ft expiration of on time period, the Annual PaU doge Role that applies for purdheses will apply to trarwFfetred balances. Balance transfers subject fothe initial special rate are referred to as special rate balance transfers; b@Wa axdn for W*h to initial special rate tea expked are referred bas puchose rate belanc a Uanefers. Each dW will contain an w piration data. If you atMnpt to trardw balances by means Of a 0100 agar the expiration date, we will treat ft transaction as a cash advance. Vhl: will not make be*= t wipers attempted by means d a coupon Mar the expiation dale. Credit Aufttotizations. Certain it ud*$ wet require our aul horv,allion prior to completion. In some rases, you may be asited to provide identification, VVe have ft right not to autmorae a Vansadon for security or star nwons. Also, N am aut+orRaCOn system Is not wortag, we may not be able to autmoan a transaction. VA will not be liable to you d any of two events happen, Athtnorized Users, tf you want lo camrai to atOo* of a oune t Authorized User to use your Account or a Card, you moat nifty us and destroy any Card in that person's possession. You can m* us by telephoning 1400MOVER (1400.347-26831 or by wr" Discover Card. PO Box 30943, yak lake City. UT 64139943. Now of your rights under fltitAgreentent (4*wthan b pay amanls ov?ied) may be etwdsed by any person not a parly to this Agreement acting puma ent to a pater of olterrey, witW our sew written agreement (which we are rot Obigated to give). Unatdharbad Use, P* to As use, each Card must be signed by the person to when it Is issued. I a Card is lost or stolen, or k you think dhat someone is tying your Account or a Card withw your tom. notigr us nneiraley. You can notify us by WeMor ng 140MMOVER (1.804347.2683), or by waiting Dim" Card. PO Box 30943. Sat Lake City, UT 8413040943. You agree to assist us in determining the facts relating to any deft or possible enautaked use of your Account or a Card and to campy with such mcedures as we may require h connection wAh our invest4ption. Your Credit Utter. We wile advise you of your Account cradle line. V* may impose a loner line that will apply to c* Ova=, rekned to as the rash advarrcc credit the. ft may ako impose a beer line that wit apply to balance tan*M, Hatred to nthe baltatto hortsfer 000111'1910. You agree not to dbw your unpaid balance, including Finance Charges and fees, to exceed yotrAcoaunt Credit fife. It you exceed yourAoootnt credit ine, we may request innediate payment o (the amaunt by which you exceed your Meant aedt ine. Vhb may man or decrease your Aomurt do ede ine, ymr sett advance cede fine or your balance transfer credit fine without noW, The qa" available for your use may, tram gone to time be less than your Assam *Wit inc. For purposes of determining your available oedtt, we resave the right to pogpone for up to 15 business days reducing you unpaid balances by the amount of any payhterd that we receive. Your avad-able Coda will not be We" by the amount dally credit balance. MAKING PAYMENTS Promise to Pay, You agree 10 pay us in U.S. dollars for at purdhaw a* advances and balance transfers ncfvdifg applicable Finance ChmpAs and &* u h&W or loos, incurred by you or anyone you autitarae at permit to use your Aoootad or a Card, even i( you do rat natty us the otters are using your Acaard or a Card. I you pry rn in other than US, dollars, we may refuse to aacepi to payment or ddharge your Account our coal to oonvart your paymtrx to U.S. doikrs, All decks must be drawat on by* on deposit in the U.S. You may not use a cash advance clack, balance Iansfer dd*1 or coupon, or any other pronx oral d" drawn on any Discover Bank credit card account to make payments on your Account. If ywAmint is a joist Aawt. eat of you agrees to be gable inlividualy and 0" for the entire amount owed on your kwunt. We can accept late payments or partial payments or checks and money orders merited "payment in fug" or with any other resiftwe endofsemer? Without losing any of our NWA under this Agreement. Monthly EW4 StdwdnL VVe wile send you a Wing statement after eadf moONy biting period in which you ham a debt or credit balance, unless we waive our taste to do so as permed by W. The blfng statement VA show A purchases, cash adyarnas, balance kv%lera. Finance C hq* and otar charges or W and all payments or other credits posted to your Account during the biting period. it vAl show your New Balance, Payment Due Dab and Minimum Payment Due as of the end of the bitN period. If your prior month's payment is retuned unpaid, your m0ad Minimum Payment Due may be higher than shown on your offing statemet Sea the Minimum Monthly less enl section an page 5. Monthly PaymMtt Opdans. You may at arty time pray far entire Ntaw Balance shown on yew bkNng tiaRemeK but tearJn morM you niat pay at No tttt Mitinxrn Payment Due as desol* in tine Mnimm Monthly Payment section. All payments must be made in auxuftm with the ferns, iockndstg the psyme tcutaff tine, slated an your monihly bring slMemerd, and we will credit your Account in accordance wkh those terms. in addillon, wig reserve M dght to change those femts wrVW briar NO as permit d by law. Automalk Biling AmVements. I your Acmnt numbef ahdlor Card expiation dale changes and our records indie(e you ham a 4matlc btikng established with a mardhant, we wkl attempt to provide vow new Aecou t nformation to" moviwA. To ensue unntanupled biting, we recommend that you verify the merchant has your new Account ntmmatim, You must contact the merchant direody if you do not wish to continue the automatic biting arrangement. How We Apply Payments. We will apply payments and credits to the New Balance shown on your current riling statement in order of the Annual Percentage Rate appfi-Gaols to ere balance o (each transaalio n category (as hastened n the France Charges section), gew* hm bwest to high,-at begin-nng with the balance subject to the lowest Annual Percentage Rate. We then apply payments and Oedls to any new transactions usit¢ the same method. Howwer, we have the right to apply payments and credits io balances with higher Annual Percentage Rotes prior to balances with lower Annual Percentage Rates, me as when I** are two rWat special rates applica* to your Aacomra and the lower Annual Percentage Rate will expre before the hgherAmnual Percentage Rate. Minimum Monthly Payment. The Minimum Payrrwnt Oue each mortar wit be the grafts of: • the New Be*a I it is less than $15; $15 a the New Balance is 315 or more; or any past due ammnt plus to pUff of. 291- of the New RaWO (exCludng smart Periodic Finance Charges, Late and Overtime Fees) rounded up to the nearest dollar or current Periodic From Charges plus Late and Overfirrt Fees plus $15 (not to exceed 3% Of ft New Babnce) rounded up to the new" dollar. Vk may also include some or at the amount by whips you exceed yourAmourit Cede Ire. 9 more than 9076 of you New Balance dxxfsists of special no balm Wifets, wiz may, al our discretion, increase your Minimum Payment Due be maximum of 4% d the New Balance fit would otherwise be bas than that. lies may iuhrad certain fats b calculate the Min-mum Payment Due. The Minimum Paytrtent Oue will new exceed the New $elm. Paying the Miimum Payment We may be owficient to eking your Account balance below your ftounl crack fine and, conseyuenty, may not avoid the impotipan of an additional Overknk Fee descrI* into OWUlrfit Fee section. SkiPA-Payment Offers. We mays from tine to time ON you to not mmke a minimum monthly payenaa and will natty you when fts option is available, d you Was advantage of this otar and rib not make a minimum monthly payrnenL finance charges aid any Wkobfe fees wB aooue on you Accent n accordance with this AW00114 t and you must ply the lyinkt= Payment Duct for the fcidwang talking perbds, Credit RaWces. V% will reW my dxedt balance witm seven Wwass days coon recelp4 of yourwillen WpAst 0 you do not request a refund, we will art -tr aocaty refund credit balances greater then $1 that reran in yourAcoo nt alter 6 monft. FINANCE CHARGES Now We Calculate Periodic Finance Charges. V* begin to impose Periodic Fnanos Charges an BI transactions from the Transaction 00 for the transadm as shown on your btkg statement unless a transaction is posted to your Aom ird after the dose of the billig period in which It o= m in which case we begin to impose Periodic Finance Charges on that transaction Uom the first day of the haling period in which it is pointed b your Account Wp cadixte b irpora Periodic Fiance Charges until the date you pay your emtre New Baim, by making payments or receiving credits. However, if you pxaki the New BaIPno1 an you previous billing sOMermaht by the Paymertt Due Date shown on that b&g d1llemwill and you pay the New Balance by the Payment Due Date an your current biting s1aNnMnt, we wail not rpm Periods I"inanoe Charges on new pud0ft that s, PCIMes first WOi19 an the current billing staternert Vlk cal this the "grate period.' There is no grace period on balm transfers or cash advances, Vhk sot gall tra>sadipne into groups o>f purdtnres, cash advances, and babrtCe Landers and itch further sort the transartions wihin each group by their Annual Percentage Rate. For example, purchases a4ad b a pranolonal race and Ihhxctees atbjeCt to a PSWI of rate would be separate groups. M rdwto there groups as ftmdmn esegories, AI qte end of each bil lm period, we compute ba larm and Peodc Finance Charges or each day of the baling period for eedh transaction pteg . We use the tolowirg eWalorn b compute Periodic Finance Charges for each transaction category: (Average Daily 8atarnce) Times (days n bilfng Perim) times (Daily Periodic Rate), (You may roper to Yoe frronce efwrge arrrnary on your WM 90 mat for too an"s,) Then we add up the Periodic Finance Charges for each fmsact on category 10 gM the natal parioddic Finance Charges for yowftounf, The Aura age Daily Balance is shown as zero t, because of the 9raoe Period, no Periodic Finance Charges apply to the balance in a tress urn cstegoy. Now We Calculate Your Balances. We tree the Averiepe Daily SaWn (including new fransadi0ns) method of cal k*q the balance upon whldh we impose Periodic Finance Mo ges. VVe co mpule the AMSO Daly l3abn0e for each *MOM talegay by adding up al the daffy bale M in a billing period for a (?ansaWM WISgiory aid dividig the total by the nunrbeur of days in the billing period. Vhb Compute tore dagy balance for each Lahuaction m%M on each day by fist adding the fdbwirtg to the previous days dely balm: trans CWm with a Transaction pate of that day as shown on your burg staten ent, unless the fransaction is posted to your AMM offer the dose Of the W N W40 in qkh h Mn. n which care the transaction will be added to the daily balance as of the first day of the biting period in which it is passed to your Account, fees charged that day and Periodic Finance Charges accrued on the pnsvious day's daily balance, and by then *AV& Or>q arty credits and p arnerils that are applied against the balartte of the Uhirnadion COO W fruit day. In c" Wing the daily balance for the first day of the billing ptefiod, we consider the 'previous days daily bely*" to have been your bolero for each transaction category an the last day of gar previous bighg period, Al fees charged to your Aoocxsnt are added b the standard pufam transaction CaNgfnry with the exception of Cash Advance Trauadion Fee Finance Charges Whldt fee added to the applicable cash advance trouts adim cd" and Balance Trahikr Transaction Fee From Ch&W whim are added b the apploable balance transfaUarhaaGiJOn Casegouy. Vhiterh the special rate rxPils we nave the WOW balance of the balance transfer and the Balance Trand rTransadbn Fee Finance Charges b thhe staMard purchase Gentaction tatepory. However, i tro spatial rate has beerh temniroled under the Default Rare section, we leave the Unpaid balance Oft baldM nnsfer and the Balance Transfer Transaction Fee Fiience Charges in the appltdt)iB balancetronsl r transaction category until the apeuaal me would have expired. Variable or Fixed InWW Rata. The Daly Periods Rate and CorfetlpotldiAg Annual Percentage Rate that apply b each Uansadion casegery am ether fixed rates or variable tiles as set foth n your Pncig Schedule or in any special offers you receive from us, The Dally Periodic Rate is IM M d the =Osponditg Annual PertWage Rate, Variable Annual Percentage Rants are daterarrned try adding a spnrdled wnba W paranfage p6M fo lea Prime Rate, This 0 ftm on ft Pricing Schedule as "Prime + (perargape points)." For pUrpoaes of this Agreammt, the Prime Pale is the hgheet rate d etenM fisted ail the *primp rate' in the Mon" Rates station of 71a wit S7faW jUMW do the let business day of this month, The Prime Rate is merely a priding index and toes not represent the bwsst or NO interest rate Nibble b a batrower at any bank at any given time. I you have a variabk rate, you Annual Percentage RAN will incroase or dKteaee when the Prime Ran Charges, This change wit be eledve beginnirg with the first day of rte WAV period that begins during the sane mash as rte Change in the Prise Rate. An i craw in the Annual Percerdage Rase may Wages your Minimum Payrnett Due. Defoult Rare. Each time you do not make a required payment on time of each time you exceed your Account Credil line MW in a twelve month period feadh, a Tellaut Rate Event'), we may iiaease the standard Annual Percentage Rasa for p Y tries, balance transfers and each advances to a variable rate equal to the Prime Rase + up to 27.99%, but such rate will naevv exceed 29.WA (the 'Defaull Rate'), At the sane time, any special rtes on pudheses, balance Lam81er8 or Cash aadvarim will end and the Defeuk Rele may apply. The maximum Dtdaul Rate which would chancy apply is sel forth in your Pricing Sd*Mle. Vote will base your DeW Rate on factors such as: • your current APRs • your payment history with us your 9M W credit history Any Musod tale will apply begnnng with the first day of the billing period in whim (h) we did not receive at least the Minimum Payment pie by the Payment Due Dale or (r) you exceeded your Rec=ord credit fine for the second time in a twaroe month period. t your dandand Annual Percentage fiats for purchases was increased under Phis or any previous version of the DoWk Rate section and. for any nlne Gt %VQA vin billing priode thereafter another Dafaut Rate Event des not occur, then your Anoint Percahtage Rate for your new psdrssss will be reduced to a mw varWe rate which may be higher then your previous standard Annual Pacentapa Rate for pumhsses and ymf knW Pero»r" Rate for your existing twndoss belaroe may be reduced to a New Moble rate which may be highs two your prewbus atia idad America Percentage Rene for purchases. Any reduced Aamual Parentage Rags W new and existing purchases maybe diftorexd and wit apply beginning with the first day of your tenth bliag peng However, I a DeW Rata Event cocas in the teFM biting period a Defeat Rate oil apply. Cash Advance Transaction Fee Finance Charges. Unless otherwin speoft it a Cash advance offer, vre wit charge you a Cash Advance Transaction Fee FINANCE CHARGE of 394 of thin amount of each new cash advance with a minimum Cash Advax a Transaction Fee FINANCE CHARGE of $5 and 40 Mirr m. The Imposition of Cash Advaioe Transaction Fee Finance Chacga may resut in an Annual PsresrHage flak for cash advances that is higher than the nominal Annual PVMVA a Role. At forms Of cash adhrantes, ieduding ft use of Discover Card checks, regardless of the purpose for which used, are sutipct b Cash Advance Tweacban Fes Finance Chergas, To obtain the fatal Finance Charge on cat a winces for each being period, wY add cry co Advance Tra=cbn Fee Finance Charges for the billing period charged under this section to any Periodic Finance Charges ralnRated under the Periodic Finance Charges swan fop each cash advance ftmiton category and add up thus a ftft. Salaries Transfer TreneeCilon Fee Fkam Chagas. tthhe balance transfer offer you, receive contains a Balance Transfer Tmns acton Fee Finance Charge, we wil charge your a Balance Transfer Trw& addnn Fee Finance Charge for to amour doom balance Lanefer made under that offer. (there is a balance Transfer Transaction Fee Finance Charge in conjunction with the offer you reoWW when you applied for an Aooourd, l will be in the amount set bM in the Pricing Schedule, The imposition of Baance Transfer Transaction Fee Finance Chases may result in an Annual Paroadage Rate for balance ttanders that is higher tan the nominal Annuli Percentage Rate. To obtain the tofai Fi nanca Change on babnee transfers for each billing period, we add cry Salanee Transfer Transaction Fee Finance Charges cwwM d under the Periodic Finance Charges section for each balance transfer tra is•aw category and add up these amounts Foreign Currency TransaCtiart Fee Finance Chagas, Uhts Wit charge you a Foreign Ccrrerwy Transaction Fee FINANCE CHARGE of 2% of the US, dotar amOnM of each purchase made in a faegn axrahry, The imposlion of Foreign Ccrmcy Transaction Fee Finance Charges may result in an Annual PecenUge Rate for purchases Yhat is higher that the nominal Annual PeregtOBpe Rate. To obtain the bfal Finance Charge on purchases for each Meng perbd, we add any Foreo Cumrtry Transaction Fee Finance Charges for the biting period d4njW underths samon to any Psriock Finance Charges calculated under the Periodic Finance Changes section foreach purchase transaction category and add up tress amounk Mhnlmum Finance Charge. We will charge you a m$tt im FINANCE CHARGE of 550 fa any biting paled In which Periodic Frhancs Charges of less than $.50 world ofhewise, be imposed, lil 4JP Annual Fae, 9 you ftN Schedule a00ortpenyiil your Card Includes an Annual Fee, We wt charge you an Annual Fee in the amount indimled. Vtlo wit Charge you this fee when we open your Ac=W and al the begrraV of each arinkowy year your Amou nil is open. The Annual Fee is not refimdade, except as prauided by low. Late Fee, VW will charge you a Late Fee t you have (died, as o (the P*r d Due Date, to make tic Witxrn Papoerrt Due that was reclured to be paid for teat bike period. The avant of the We Fee is based on the sum of all outstanding puduaes, rash a horn, balana trio Bars, other charges, otherfeea and Finance Charges at the and of the biting period for which we did not receive timely paymertL K the sun is 3250 or less, to use is $19; If ht is greater than sZ5t), the fee is 339. Ovedmk Fee. V* will Burge you an Owl* fee each time that, as of this does, of a b7irg mailed, you outstanding Aocaaht balance exceeds your Account credit fine. This fee may be chat" am tthe vor aacton which causes you to ao"d yowAocouni cr4 ire is anthorW by us or if you exceed you Am nt credt the due to the poetng of Finance Ow9as or fees ID your Accent. The amount of the Overirnt I" is based on the on of aril otdandir?g ptadte"s, stash advances, baWce transfers, otwr cdharpu, other fees and Finance Charge: at the end of the bill period. M the sum ts equal to or le"Ilhen 3300 and you WNW your ova W. the Over" Fee is $15. t the sum a greater than $300 and you amend your c*4 irte, ft Ovelimil Fee s $39. Returned Payment Fee. VVe will charge you a Retuned Payment Fee of $35 each time you pay us with a check or other nsturnerd that is ranned unpaid This foe will also appy Y a debit transadim to a depM account from which you have antharaed us, in writing, do*miotlty our orally io periodically deduct all or a p6A of an amount you we to under this Agnsment is returned unpaid. We A Charge you this in cue lust time any paynwnt is returned unpaid, even t t k paid upon resubmission. Returned 01scovar Card Check Foe. We wil charge you a Returned Discover Card Check fee of $35 each time we dock* to honor a Discover Card cash advance deck balance transfer dhedr, promotional pmdma dock, or otter promotowl deck. Pay.dy.Phone Fee. Vhb may from him to time allow you to make payments by authoraq us over the telephone to Irahsfer or pay funds from a depose accent to your Account. Vie will charge a Pay- By-Phone Fee d 310 for cam such Maier or paynront. Research Foe. We may charge you a Reeeardh Fee of $5 for each copy of a bilkg statement or sales slip that you request However, we will not charge a fee 9 you request copies in Connexion with a hieing errs, DEFAULT AND CANCELLATION Types of Defauk. You are it ditl If you become inwNgq; if you fie a bankruptcy pelt or have one tied egeimst you; t we few a reasonable Will* you are unable or unwilling to repay your adigdione b ua; i you era dedited inocnhpelad by a court or if a Curt appoints a guardian for you or a conservator fa yo r assets; 'd you die; W you fail to oanpy with the terns of ttls Agreement, inCIIAV feiig to matte a regmwad payment when dune, exomdvV you Account credd the or using your Card or Ac w l for a Prohibited Transaction; or if you fail to make a mquioed payment when due on any other account you have with us. Consequences of DOWIL If you are in d"t, we Hwy declare Its entire balance d your Accord immedialey due and payable without nonce, If we refer the collection of your Account to an attorney Of ka4* an attmW to represent us AM raged to recovery of money that you owe us, we may charge you masonwbk slfor"' fees amxt court or other collection costs as permitted by !ate and as a"V incurred by us, b4uding tees and coats in con-neeW win any apped. We may delay enforcing or not enforce arty of our rights under this Agreemerd w thhort losing or waiving any d them. Cv"Baffon. You may enter your Accord by no" Us In wrung a by iekph m and mlumlng of destroying emY Card and unused dredr tot we have prOVidsd you, You Can notify us by telephoning 14 *DISCOVER (14011-30,M). or by wr0v Discow Card, PO Box 30943, Sat Lake Ckky. UT 841304943. Of course, you veil stiff be rehsponsibk to pay any amount you owe us aceaft to the tears of this Agmlmenl, t your Account is a joint ApcCUM, MW Cardman9w may eanvW the Account but you will both remain mspw4k to pay any anoint awed %us soco drhg to the terms of rte Agreem ar t. VVe may rand or eueperhd your Aelcoud at any lone w #W notice. Vie may meoae not to renew your Accord (beyond the axpiroon date shovel on the face of a Card) without notice. You rust return any Card or unused dhexia to us upon requ", PRIVACY AND OUR COMMUNICAIM iflQTff YOU Our Privacy Policy. VW may from time to time revlew your gedk employment and inmate regards. Wine respect the pdvagr of Wormabon about you and your AceO A W Rwecy Pdicy ndudes a summary ot the personal iNOr-1726011 tea cased, when t may be shored with others, how we sale-guand the cant " y and searity of Wor mation and the sops you may take to WA our sharing of such WorThslion with dhere. Please mad k carefully as t is pan of your Canl TwnberAgrnonWg. Reporting to Credt Reporting Agencies, As i vi raied in our Privacy Poky, we may repot b decd reporWg arlew and COW credibrs the stabs and papmern history of yorAccou i, includirp negative wadi Wonmation. Late paymsft missed proneWs or o#W defatAts on yam Account may be reflected in your credit repot, V1ie rcmasy report to suclh cradd reporting apem each month, t you belwve that cur meal of yourAccon( elalus a hack rate or tr>COmplete, please write us at the 11001a address: Deoover Card, PO Box 15316. Wilmiglon, DE 19850.5316, Please induce your name, address. home Wophcme number and Account number. Our Canmunicatona With You, Our peuanol may listen 10 or record telephone calls between you and our reprseel atives without addkknat notice to you as permitted by taw. Vtis may use any medium, inducing but not knW to mail, kve Weptoae ink, a polled telephone aWipmhru, prerecorded tefr}phone calls. Moat and may male calk to your at phony to contad you about your A=urd or O fr you vrodtaa: or services that may be of value to you. t you preen not to be Dom*W in pun a max d these ways, hekphone us at 1410MMSCOVER (1-000.917.2683) or write to us at Discover Card, PO Bar 30961, Salt Lake City, LrT84130496f. Releasing Intormstlen About Your Account VW provide various metrods by which you Can obtain WOrmaflon about your Account We will oily release such morn ilon to yuu, any Autho4ed User that our moods rhdicale is, an out+orhod buyer on you Amount hand any other person with your prior pemuiasiae, in addition to as pf0-Q0d n or Privacy Pdq or as required by IaN. Our segkrty measures Cannot insure against unauth mad Inqunes. You agrea tat we will riot be responsible fathe release of Information to anyone who, *won t w00A your authorisation or "fti eion, has gained possession Of a Card Of has tamed other banAifyring characletistka about you such as your personal identification rxarber. ACwhmt nuTtler or social se dy number. Electronic Nolhces to You, V* may offer you the opportunity to receive certain notices from us 014OW10811y rather than through the mail, includirg monthly biting statements and change of temps noticas. The teams tend candiliona for rewiiN those akcironie communications Wit be deso ibed in the dfer. Notices -Chong" to Your Information, t you change your e-nat address, mailing address or Wephone number you must no* us of your new address or "Owe number w" 13 days. You can no* es by Ong 1400.0ISCOVER (1.800,147-2683} or by wrtig Dieoovar Card, PO Sox 30943, Sall Lake City, UT 8413q- M. If your Account is a Jwt Account, any notice we mail to an xddress you have provided for the Account will serve as nice to bath CWno, bexs. CLAIMS AND D18PUTE8 Metw:lham,! D?aPASS, Who are coot ra9pof A k for she Of anyone 10 MZW or honor a Card orb NCO 6*10 that we have provided you. If a merchN fells to provide your p xcha" to yw setistadion and you raquW a oredtt f0 your A=uK we veil nvestpalethe dispute. I we resolve the dispute in your 4W, we wilt issue a credit to your Account and you will be daerhed to have assigned to us yourdam agansi tun rrgrchalp ardor am thrd party fame aedas,d amount. Upon our request, you agree tow.* us with wrtten evidence d such aesig vnent. Claim Notees. In the event that you awe have a cisim ttA wises from or relates 10 your AOCanL any prier accent you had with us, your appsrailon, the rvletgmehtpe which result from your Account or the er doroe46 ty of ftAgrwnem or any prior oWsement, before niti.adrg, joining or p&%pa(wV ih any judidd or arbb-ate pnDwedrg, as either an Wd i1ua161ipant or member of a class ('ProoeedJ, the mmpainN party shell On the otter party. (1) a wrklen notice of the claim CCaim Nokel, at least 15 days before it tiab% any Proceed% explanihq in mlWW* detail the nature of tun dais and any suppor" farts; and (2) a reasonable good faith opportunity to resolve (fhe claim wnthou lthe necessity of a Prooeecing. This nclud" any claims involving our parent corporation, subsidises, atfLat" (including, WOW fmiatan. OF5 Services LLC), peadegess0rs, successors, assigns, as well as the officers, dnaora and "Ployeei of eon Of these entities. Any Clair Notice "I be Wtlo us at Discovercart, PO sox 3024, New Albany, OH 43054 (or such other adden as we shall subsequently provide to you) (be TYm Notice Add rase) or b you at your address appearnp in our records or, I you are represented by counsel, to your aEonky A your attorneys duce. Arbitration of otaputes, Agraament b a? baser In the evextt of any pxK present or frtkre darn or dispute Wwher based upon contract. tart, subtle, common law or equity) betwen you and us arising from or mWq to your Account, any prior account you have had with its, your anpplicadon, the relationships which result from your Account or the emorcerblity or scope of this arbitration provision, of the Agoeemett Of Of furl Prior erg MffO n, YOU Of We frilly Bled to naaolve the claim or disptMe by binding arbitration. IF EITHER YOU OR VIA: ELECT ARBITRATION, NEITHER YOU NOR iME SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAINL PRE HEARING DISCOVERY RIGHTS AND POST.HFARNG APPEAL RIGHTS Vdll BE LIMITED. NEITHER YOU NOR YVE SMALL DE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS N ARBITRATION BY ORAGAINST OTHER CAROM WERS VVMi RESPECT TO OTHER ACCOUNTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER Of A CLASS OR N A PRIVATE ATTORNEY GENERAL CAPACITY ('Class Action Vnkfver). Nolwitltelanding anything eise to the cola ny in dire arbilratim provision, Only a coon, and nut an arbil a?ar, shall defer-mine this validity, and effect of the Crass Action Waiver; Even I all panes have opted to Wgite a darn in coot, you or we may sW a titration wily respect to any dW n*e by a new party or any new dears %W asserted in that limit and rwdrng utdsdatren Owein shall consible a wirer of any rights under M arbitration prow o, V* W 0 invoke our right to arbitrate an individual darn you bring in stall clans court or your state's equivalent court, if any. unless such action is tanslered, removed or appalled to a dileant court. Govarnitp Law and Russ. Your Account invdves iter:lata cormerce and this provision shall be governed by the Federal Arbit ahon Act (FAA,). The arfbi•1ra6on shall tm oxnxiudded, at the option of wft" Use the arbFtation darn, by either file American Arbitration Assotiadon (AM) or the Netiorw Nbfraliat Form (NAF) in aao rdanoe with their procedures in Ow when the claim is filed For a copy of then procedures, to fie a claim or for other domination, ocnlted AAA at 335 Madison Ave., Floor 10, New Yak, NY 1001 7-M. yppp jd= (phone 14KD778.7879) or NAF at PO Box 50191, Minrteel olis, MN 55405 (phone 1400474.2371). No other arbi WM fonrn will be permitted, except as agreed to pwsuart to edheruhe Change; to this Agreement section or a wr" signad by both parties, unless consented to by all pans:, no arbilauat may be admnidered by any adm;nisrAWIfid has anyfonnal or informal policy, rule or two-oedure that is inconsistent with or purports to override the terms of this section. I we elect to resolve a claim or dispute by binding arbitration and the arbitrator issues an wad in you law on a claim or darns with resped to which you would not olherwLve be entitled to recover your aroaation filing, administrative and hearing fees, reasonable afomeys! fees anhdlor DOW W bib'atlon costs. we will be responsible k# paying or reintbusing such costs and fees f awsraed by the arbiwor. Fees mid Costs. At your wmtem tewast, we will advance any ativelim fling, adninisiraffve and hwiV tees which you would be required to pay to pursue a dam or dispute as a result of our electing to arbitrate mat claim or d*M, Send requests to Discover Card, PO ft 30421, Sclt Lake City, UT 841300421. The arbltrelor will decade who will tftmatety be responsible for paying mO6e teas, You will only be responsible for paying or reimbursing our arhilrotion Ann, adrnnialn tine or hearing tees to the extent you would hoe been responsible for paying •atorreye fees and Donut or other collection cotta' had the action proceeded n coot. In no event win you be P DOW to pay any fires or costs hared by us in wnnedion with an arbitration proceedag where tech a paynwnt or Tehhtbaraerrsrd is prohibited by ap oble bow. Headnps and Dedsiorm Any arWolon heating will take place in die federal judkaal d6hfd wahine you reside, The abitrator sheaf fellow apt bW* substantive law to the etrNM txxlSOW with the FAA and applicable M MU Of ImYitio[1s and strait hmw claims Of privilege neoognRed at law and shat be atdhan ed to award all remedies pernilted by Me substantiate fews that would so* I to sew were pending in MA If requested by cry party, the arbitrator shay write an opinion c o ntsoig the mucus for the award. The arbitra toes decision will be final and bindir l except for any appeal rghts under the FAA and except that ufhe armOUrM in conaovesy excwdc $100,000, any part' may appeal the award within 30 days to a three•a Wslor panel. which shall review the anerd do row. Urtess appicable law provides otherwise, the appeaibg party will pay the cost of the appeal, regardless of its aMwnte. Hrwever, we unity consider in good farm any rt?satabk request for us to bear the fees charged by the arbitration adwiutrator and the Arhitratas in correction with the appeal Judgment upon any award by me abfrator may be enforced n any court having jurisdiction. Ottwa maBdaries of tfrs Provision, Our rights and cagations W%Itlf this arbbalian pnpuf>bion shall rare to the blynefs of 0[14 be binding upon our parrrM caporations, subsideeil s, affiliates (indudig, wkWU limitation, DFS SerVICe; LLC), prodecessori,;tto 0630a, mWis, as Wei as to dTb not dredors and emplane Of each Of these 40e6, and will AM rare to file bensf t of any third perry named as a codelahdant with us or with any of the boregeng in a clan n Vk h is subject to this arbilfatien provision. Your rights and obligations under this arliftion jevAjiah atrial nun to the bentfit Of end be dnditg upon all persons Ocraradualy liable Wk W5 Agreemnt and all Aumo6md Users of Ile Account. Survival of this AQVWW. This arbitration provision eld 9undve tu'trt?lion of your Account as well as v*ffl3fy payment in full by you, any legal proceodngs by us to Odko a debt awed by you, any barkuptcy by you and any sale by us Of WAooount. Right to Rgjeef AdAvdon. You may reject the Arbitration of Disputes section by providing us a notice of rejection wlthln 30 days after receiving a Card, at the following address: Discover Card, PO Boa 300, salt Lake City, UT 84130-038. I you were previously subject to arbitration with respect to any amount with us, this right to reject arbibAW wit not apply to you. Your rejection notice no ncktde your ner ne, address. telephone nUmW Accoum number and signekrs and mug not be ban with any carer correspondence. Calling not to indicate that you reject the Arbitration of 13PAss section or sending a mjedion tno = in a manner orfoRnM that does not co npty with all applicAble rawhinents is Insufficient notice. In order to process your notice, we require Met the notice be provided by you directly, and not urattph a thrd pally. Rejection of arh404ion will not atCed your Otter rights a'responudbaties trader 1 A Agreement or your obligation to erbilli d4 aee underany Diner aaoouu as to which you and we have agreed to at+irate disputes. 9 you do not send a rejection [101101, yeu vtll W OIAWW by Me Arberaoon of 04ules section with reeped to this and any prior account you have had with us, even I you have previously sent a rttjttcton notice with rasped to that prior amount. LEGAL INTERPRETATION OF THIS AGREEMENT Severability. I any part of this Agreunert becomes unenforceable, it will not make any other par tneNorce", except that I the Class Action yldiver set form above in Ve Arl*xion of Disputes Wdon is Invalidated in any proceeding in which you and suite are nvaHed, then the kWiration of Disputes section will be void with respect to mat proceeding. Compliance w k h Interest Rate Lim tilig". Wit inland that this Agreement VA campy with applirable interest role linltaaons. You will not be nag Nd to pay FFWM ON" or then 01`1111190111 At a rate that is greater Van to nwxhw amount pmmdbed by law, If it Is ever finally delara[1ined that, but for this section, the France Charges or other charges under this A,grearnent would exceed the maxrrurn lawful amount, the Finances Chagas ahd Omer charge; we be reduced to the mum urn tdwhd amount Any excess amount that you nave steady pad will be used to reduce 1* outstanding balance Of your Account of will be refunded to you by means of a check in our discretion. Governing Law, TMs Agreement and any claim or dis pute arising out of this Agreement will be governed by applicable federal law and, to the eider state law applies, Delaware law. ASSIGNMENT OF ACCOUNT We may sell, assign or transfer your Account or any portion thered wih>•out notice to you. You may not set. assign ortransfar yo r kwunt without fist obtaining our prior written wmain t CHANGES TO THIS AGREEMENT vve may change any term or part of this Ageement, Including, but not limited to, any finance charge rate, fee or method of computing any balance upon which the inane dwp• rate is assessed or add any new term or part to this Agreement. If required by law we wit send you; notice it lest 15 days b*n the change is to become dfsctiw. We may apply any such charge to the outataatNng balance of your Account on The effective data of the change and to raw charges made attar that date. You may be offered the oppvrtunilyto reject some of the changes, and If you do, you must notify us In w dit within 15 days WW the mailing of the notice of change at the address provided in tlhe notice of change, in which case your Account will be closed and you must pay us the balance that you owe us under the existing terms of the unchanged Agreement. Otharwnae, you will have agreed to the changes In the notice. Use of your Account after the effective date of the change will be deemed acoeptance of the new teirms as of such effective date, even if you previously notified us that you did not agme to the change. We may aW change any term of any product, service or benebt of kiwi in connection whh your Account. We will notify you as required by law or by the tarots 01016 product, service or bwfk. PRIVACY POLICY We are required by federal law to provlde you with a copy of our Privacy PoAcy awh year. If you have previously nodMd us about your privacy prefaremmes, to described In Section 4, h is not necessary to do so again unless you decide to change your preferences. We ltasper tYour Privacy Out cession is to provide you with superior produ is and services. along with the poaoe of mind lagw+rg that the sm(ky 0f gar personal nfamhadon is ourtop priority. M underswid your omodns about Warding information about you and you Arnaud Nis vrantta am you that we have taken steps, and will continue to take steps, to safeguard that irilomlation, This Pn wzy Policy desaibes our efforts to rneet these objectives. it ihdudes a wrrnhary o (the falowthg tmportam nfmmhatim, A listing tithe personal Information we called; The dramhhtanpea n vAidt we may share im(Ornhatlan wife dMaa; The ways we selbWa,d the MKIentiapty and sawky of trio to.. ion; and The V*p you may take to tint our sharing of 10 information with others. See Seclim 4 for complete details. Please read our Priwaty Policy carefully. It will help you understand how we collect and share ir* matial. 1. Whit Personal Iniomution Do We Collect? To serve you Iatlwand manage out busikaa, it is important that we ooied and imalntaln ahxtrate per=W nformation about you, ft obtain this nfam don Fran applobons and ** I=$ you s *r* to us, from your tloatirgs with us and others, from consumer reporting agandes, and from other sources, such as our Nkb sites. For example: t4k may ottaih nfam*n suds as your manta, address and date of birth from appl Woms and other forms you submit to us. Vile may obtain irtomtation such as Ahhooutt balances, payment history, your use of yourAc>raud and to types of UWA you prefer km your trainwdions and ocher dealings wleh us anti others. We may obtain nfomnatlon such as the balaxas of you bans with other leaders and your paylrhent history with others from consumer reporting agencies. V* may obtain information suds as you Mend service provider, your einet address, your computers operating system and ftb browser, your Web site use and your produd sad som pre*enoes from you virus to Web ages. 2. Is Personal lnfarmadon Shared with Oftrs7 ft tarot the sharing of 1nb wAiort wth aft %. Marry of the offers you MOW far products and services are provided dinicty to you from us. For example, a retailer treat accepts the Di cowe Card may carry to us with a special ft for Cardrrarnbera, such as a d'saoud mtfte or product upgrade. After careftd consideration tithe nature of the oper and the cam ptary, we hail paste a hat of Cardmembers who may be interested in tM often bead on cerlein dwa*ft i. Ws writ send to offer dir4y to intone Canlmembers on behalf of the retailer by, for exam*, the Ang an insert in their monthly burg Adaners or riving the offer ourselves. We conl'ol the nfcmoatio n used to make the asses; we do mat am the list of my Information about our Cardmampers wilh the retailer. However, please undwsWid that lf you do receive this type of der from us and choose to take advantage of t, the retailer may then learn Mirriatbn about you because only Candmerrkm with wlan clharaderisties received the otter. There are, however. Circtranatancse in which we may shone the nfamew we collect about you. as dowi* in Section 1, with oft companies in order b provide you wife access to products and services and t0 eemw your Account Wkictivey, as detested below. VW require these companies to Where, to our privacy standards and to use this nfoe mow only for the "ad purpose for w hK h it was sftared. We do Wallow them to diiicW t to others wthout our prior approval. a. SharingAarsonalMlbmrra&n MM OurOwpordteftiVy Out corgomre chanty offers a variety of products and services that can help you manage your frlarnces, In order to provide you with access to these products and sere im. the may share ere nforrnatiom we cooed about you, as described in Sedion 1, with other mambas of our cnrporue famly, These comparies lhcMJe firxhandal service providers that offer aedt protection, card servicing and payment processing services. b. Sharing Aanso W 4rhmra4hro WWI lip meafed Parb'es for Madcefea 40111es We may share the nfomhatOm vie collect about you, as deap;bed in Section 1, with nw affiated third parties, ncltlefrtg those that swept the Discover Card, in order to provide you wth Awess to products and services altered directly by these companies that may be at value to you. These companies irAide frwxjw serwim providers, such as insurance oompanies, ad rarriFnanciat companies, such as retailers. C. Shirfng ft=W I wngan wits others We may shire to ihfom*im we called abort you, as desaW in Salim 1, wllh oomwa s that perform support or mtarlretlhg aavbm on our behalf, so as mating. market research and data pnocesairg; *w llrw el nhtihrtors with MO a tave*4 merlce" agreestads; or oompwm that are our pa twM for mbrarxi aedt card progr m or ward pogroms. Nis may also am such iiarmalion as penrilled by sew. How Do We Protect the Confidenuallty, Security snd hrtegrity of Information about You? We mairsan physical, electronic and procedural ad*" 0 prated the information we collect about you. Access to such vfarrg m is restricted to individuals who need 0 in order to service your Accgrft a provide produce and services W you, and who are hffW n Cw proW handknp of such irdonrefim. Empbyees who vblete these a m§dwm*y Pees nm" art subjed to our d9l 0r*ry process. Where third pa *s provide support services, we require them to eoabartrh to cur prdvacy swdanis. t is important carat the ihionmetiort we mirtan about you is aoatrate and oorrpleie. If you twee information in your mor" billing statements or elsewhere which suggests that our information 4 imcon"te or iuborate. please write to us at Discover CO PO Hoot M%3, Salt Lake City. UT B4130-0943 so that we can update the nbMation. 4. Mow Can You Limit Sharing of Information AbWA You? We rasped your p %tY and dler you dhoiosa ae to w4NQh a may shta irfamyi0n OM you wkh others. You have the option to tell us not to sharethe i i m neon we coley about you, as desoibed in Section 1, Y* np?,aAfiMed elihd parties. You also here the option to 1611 us not to share the information wv poled about you, as described in Section 1, wan WYVwi s in our oonporsia family. N you ink a preferorxoe farelmrdttwe options, please u>derMW tut you may rd mom dfers for products and services provided by other oontpanies and could help you lower yotr mac, martim¢e your inanaal r4riaac?s, a manage yarfronoee. To krdlcals your p oletwoe", Pima tog USA 14*04202 0r write to Discover Card, PO Box 30961, Sal Lake City, UT 84i 30.0981, If you have previously notified us about your Privacy P +b k is not necessary to do so Stain unless you deckle to thuW your prebonces• Your writMr? request should include your name, address, lekpttone number and Account nurnbt(s) and should not be sent with any c1heroorimpatdera. In order to process your request, we mquke that one request be provided by you dahxtty and riot through a thid pity. You will need to provide us with your prafertntes for each awn card account you have with us. You may noGt us about your preferences at any time. Your request will remain in eW until you notify us otherwise. We wil horror your wp *st and not share this information except as permitted by law, For example. federal tar, permits us to share khrmsticn about you with conaumar reporting agencies, service providers and fwfendal nsMutions with which we haw joint mm*s ft agnetrrerha. t you are a new CardirwrrAw. we will net abate my information about you, except as Wmtbed by W, for Uty days afierwe provide this Poky to you n cedar to give you an l to inform us about your prefererroaa. I you are an existing Cardmember, pW* understand Itud you may cornue to receive markArq offers directly him other companies to were already n production prior to thus p roasssinp of your request. This Privacy Policy is Provided to the prim Cidrrwmber feed on ft Amami Hamm, any joint Cocimembef has the right to notify us about p V*eras end we will hit that request as applying to the entire A murt We do not share asiomalm abaet fdmer customers, except as puemW by low, 11h notification supersedes al provmy issued Privacy Polies. title reserve the right to amend this privacy Pdky for time to time and we will ndry you f we do so. This Privacy Policy is provided to you by piitover Sank and ills arbidia ft which oatrer* include GTC Inowee Agency, knit, and Discover Produds Inc Unless otherwise ;-h * k applies to the family of IJisoover Califs for consumers and the products and services diered n connection with those Cards, inducting the Wallet Protection card registration service (wdh the exception d any information registered in correction wM tw service. whid) wil rat be shared). It I$ part of your CX&Wr W Agreement and prortdes a keener explarwfm of tow we collect and toe aformation. You may haw odw rights under skate laws that apply to this information. Please note carat you will also receive privacy notices for other credit Gad amounts you have with us, as wet as other Wandal produCb and serviaas provided to you by ua and our alfilaiss. You WJ need 10 indicate your Prvftmonas for each of two separately as doclosed'n the notice. Vermont Aesldents - Your state law req *es Nanrjal naktions to obtain your consent prior to shaking n(onnation abet you vren othvem Except as paoAW by law, we will not share infpnmatim we coned about you with naralfifaled third parties or oomparhies in our comwais famly unless you call us at 14t00431SCOVER (14M347-2833) and authorize us to do so. Cal ORW Residents - Your alale law wqures &WVAl ihstituti0ns to obtain your Consent prior b sharing Hamnation about you with non-aRiiated third parties. Except as pernided by lath, we wl not share information we coW about you wkh norralhalad Thad parties whk you are a resident of CaffQnw Your Billing Rights KEEP THIS NOTICE FOR FUTURE USE this notice oenfans important nfontnation about Your rights and our responsrbibes' under the Fair Credit Billing Ad. 1, NoW Us In Casa ofErrors or Quesoms About Your Bin 0 You think your bill 0 WON Or f you need more nfonnatim about a limuc it On your bill, write us on a separate sheet of Paper at the address listed on your tail for Notice of ON Errors. Write b us as soon as Possible. M trust hear from you no cater thin 60 days allr we sent you the first bill w 410 the erns or problem appeared. You can telephone us, but doing to will not preserve your rights. In your kilter, o* us the flowing information: • your name and Amouni ma&r. your dollar amount of the suspKW ow, dowbs the error and explain, yyou can, vAy you bdm two is an error. II you need more nromhapon, de f>0ibe the Item you are not on about If you have whorQed us to pay your oedit card bill autarrsticaly from your stevings or &wJ&g account, you cab stop the payment on any amount you think is wrong. To stop the payment. your letter must ready us three business days before the wornattic payment is scheduled to occur. Your Righis and Our ResPOIF& Ives After We Receive Your Written Notice we roust aduhaw WP yar IellervvIthin 30 days, unless we have acrrecW the era by then. VW* 90 days. we must eithar omw the WW air explain why we believe the bill was coned. After we moelre your meter, wit catrd try to aoleot try mount you Weaion or report you as dekxWt. We can continue b bi you for the amount you question, including finarra dwryes and we can apply' any unpaid meant against your Amount OediI ". You do nit have to Pay any questioned amoor4 while we are li vedo tug, but you are mitt WV W to pay tae parb of your bill that are not in question. t wit hind etat we trade a riabke on your bi, you vA not haw to pay tnyfntroe charges Mialod to any questioned chart t we didnl make a rtsetaka, you may have to pay the finance dnrges, and yw will hme to Crake up cry missed payments on the qurctioned amount. n eiltr Sae, we will send you a st*ment d the amount you owe and due dab that It is due. t you fail to Day the attlrxnt chit we think you win. **may report you as dafnquari However, I= o planation does red satisfy you and you wrke us within ten days tang us that you still Muse to pay, we must to l anyone vie report you to teat you have a question about your bill. And, we must to you the narda of anyone we reported you to. Wile must eel anyone we repot you to that the Mader has been settled between us when it finely is. If we dons (crow these rules. we cant poled tw feel $50 of the questioned amatory, aver l your bill was owed. 3. Special We for Credit Card Purchases It you have a problem vrith the quaky of goods or services that you purchased w lh a 0" card, and you tried in good felh b oared the problem will' Vine OWCh nt, you may have the right not to pay the wWav area due on rie goads a wars. Tten an two on rile right; (a) you must have made tr wcha e h your home "or, lf rat wMlh your hone dente, wdhn 100 mlu of your awtw nlaiilg address and (b) the prrdme price mat have ban more than $50. These Umbli m do not apply If we own of oparab the merchant or N vw malied you the advertisement for the goods or services. 4. ANcham Made w1M Cbacio or Cash Advmw The Specgl Rub for Cadd Card Pon ws does not apply b p sc ases made with a balance transfer dock cash advance or promotional purchase dw& Therefore, if you have a problem woh the quality of goods or semmthal you purchased wM a balm tranakr cted, promotional purchase deck, ash advance dedt or the pnxeeds of a cash advance, you do not have the rght to wliftW WMW of to anoad due. DESCRIPTION OF COVERAGE SCHEDULED AIR TRAVEL ACCIDENT MURANCE DtsoOW Cardnmemb n we provided Wlh MOD S&wluled A'r Travel Acdder t Insurance," You, your Spouse Domestic Pater or eigbie Dependent Cdlidnrl for Whom a ticket was Wood on yu Card (ere donned below) vii be a durnfimly insured against Accdental Loss d life &Ww.9 from and ocamirg on a Cared Trip while you, pr Spouse, Domestic okw a eGpble Dependent Children forwhom a tldtef was psMoW m your Card are ddtng as h passenger O a etMerig, i.*V or bang *uck by a $deduled kcsatt or a tonveyarwe op*VW by o mf y tw*W service or riding ass passengef in a efting err eying any canveyrtcs tcngd b cant' the public fora fee and while bsm*V dka* t0 or tom the airpal immsdi l0 pnadig the depmn d a Sdhedulod Am d on Mfidh the klsured Person far pudmW passage and mmeft* fogavrirg ire rtfvai of a Scheduled Awvaft m Wh din the irwured Person was a passenger. 'Coverage is underwRillen by Faded hs mve Company, a member aruw of the Chubb Group of ktsuura tce Companies. Certain imitations and exclnaaw appy. PLAN FEATURES THE SENEFITS: The full Beneft Amount ($W,000) is payable ferAaidental Lou oft k The loss mrat ocar wft one year of the Aaadent MAXIMUM LWT OF INSURANCE: I(more than one insured Person suffers a loss in the same Accident, the Conpny will not pay mare than the maximum whhil of insurance (0,000,00D) per Amdent. h an Agddera r@sults n B" Amw* becoming payable, which who totaled, exceed tie applicable im it of nsuranp shorn above, the marinrxh lmli of nsuaae wit be divided phDportiormMy smvrg fns Insured Persons, bond at each app5mbls Sernfa Amount. in the want of multiple Accidental deaths per Aocounl arising from any one AcadsK the Conpant/s dabiata+ for all such Wssu will be 6riied to a maxirnum Cast of nswanoe equal to in *0 the applcable Benefit Amount for Loss of Life. Benelks wit be prOpOwsbilr divided among the Insured Persons w to the mrximm Ism of k wwa, DEFIMIWNS: meaner a sudit. unttresean and une90W evert heppaing by chance. and 'hi'des unavoidable expan to elemaft arising from a oovered Hazard. oft means bodily mM whim is Amidental is rie dared scree of a Lose, is ndep&xW of disease, mess or other cause and own Ole this policy is in forte. Ag" mesm a Gard amount. bOIJAMM mranethe LOU amain at Ile time the entie Cost drier paanger fan lo csarged to w Accourt a d means tin 01wovwr cad, mean to holder of the Coed inure nme appears on the credo amt. fipmpW mom tk Federal Insrrvm Company. app rrtears travel an a Scheduled Akc* wham the entre cost of the passenger fare for such transportation, less redeemable certificates, vouchers or owpons, has been Charged tD 1he tugured Person's Aoaanf. moans those children, ncixing adopted dlddnn and Ihm children placed for adorn, who en pIt(matty depeMem upon the moved Person for maihtenanoe and support and tuiho are: (1} tndertu age of 19 and reside wish the issued parson; (2) beyond the age of 19, per n anently mentay or physically challenged and ihcWoble of selfsupport; or (3) under the age of 25 and cleuMied as tukims tAAsM st ah i'tsbluton d higher %=% Domestic PM&- means a Pam who: (1) is at least 18 years d age and mmpelemt to ender into a compact; (2) is not febted to the Insured Person by blood; (3) has exdusivey lied weh the Insued Person fa at taw one year prior b the dale of wale ent (4) s not legally m amed or separated; and (5) as of to date of enrollment, has with I* nsund Person at *0 two of the Mm" lnandai arrangehtl ric (a) a joint tratgage or lean; (b) ajoist bank amount (c) jnira We to or ownership d a motor vehicle or sfaha as a joint losses on a motor vehicle lease; or (d) a ON cGedil card account with a 6ymaial ir11MAAi0n, Nediter the nnaed Pww mar the Domestic Parbhercan be n=W b, nor in a dull aeon with, anM ebe. ilium Inaerha the ahvemnd ciuurstanoes fowltich ttis hsrxanoe a pmovtded as staled in Setdion NI d tl1w DeobrabRats ltarrrds, and described in erne Hazrds fern ere desrnbed on page 1 arm Desatp m of Coverage. 11111111119M mesa d Crdmwbn, fheir spouses, Domestic Partners and DependaN Children, as well as authaized users d the ALCOUnt. LM means fine Lou of Life. LM" meats death, nduding Oncal dean determined by the loW governing medical autharaiies. PokvMi&r mom OFS Services LLC, the that' responsible for the Payment of premium. SCMWWOLAUM mans an alrut owned ardor operated by a Scheduled Atm. WdIMAW Mean in airline WO IS ether Of UrAbd States ragialry and MOW by the United Slates govamment to can passengers on a regularly scheduled basis or of ktW Mgisiwr, and approved by fro linked Steles government and be appnopr)ale foreign aumaray. VU means hoMies fo w*q a dedlaraton of War by a goarnment a llhOrity, t there is no dedwabon of War, Ow (1) armed, open nil continuous hosdities between tiro countri s or (2) armed, open and ootttaroa hosti®ies betwan two fathoms, wadi in control of tendory, or chiming 06di tion over the sife of the am of hoetky. DISAPPEARANCE WMEFITS: t the marred Person has not been found within one year of the riinppaaa?uce, prancing, *AV, wm bV or breakdown of any Scheduled AirOnA or conveyanoe in which the tread Person was covered as In 0=1101, a will be asrirned, atlbjed to at other tams of the poky, to the iwund Pesos has suffered Lou of Life covered under this policy. EXPOSURE Rt W9TS: Accadertt idudes unavoidable n to ebmertks slang from a covered Huard. ELIGIBILITY: This neuancs plan is provided to hared Persons arb? when the ernie sop of the passenger fare(s) an a Sd"Isd Anise s charged to the 0w*nember'3 Amaxnt while the hut= is e85tava. it IS nut nsceMpm fOr you to ANY the POtcyitolder or the Company"Shceduled Anne fictets are purhhased. EFFECTIVE DATES: Your iauranoe under this ire was plan is dkdive on the later d:1) April 1, 200r, or 2} IM date you beam an elgable Cadamember. Your wsuarce trovsrage under to insu ante plan will oease on the earlier d: (1) the dab the insurance coverage is w nrkwed: or (2) fie date you cease to be an sligbk Cwdmarkw. COST: This whpranae pbn is provided at no addWW cast b etlgihlo hand Pow$ for Covered Tripe. PatgAholder pays the u cost of rte n uanos. THE BEW-FICIARY: The Loss I Lis bahe8l will be pad to trine bmef dary designated by you. If no with destgmadon has been made, that bondt aid be paid to the first suvi 4 beneficiary in he tokrrwg Oder a) your spotty, b) your children: c) your parents d) Your braBrors and sisters, e) your estate, Ale OOW imd*M tws will be POW to you. t you wish to change you benddaty, you may request a betlsiaary designators film by wrtkkV to rie plan adrrw istnator 0: The Diced Marketing Group, Inc., 13265 Bedford Avenue, Omaha, HE 68164 or at BemfdwM w *Thegit% M .corn. EXCLUSIONS: Th s iruana plan dose not cover LOSS reuAlig from: (1) an Acxidertt acatrnng wale an Irwyed Person is in, ernsring or exiting any aircraft wxW, based or operand by ins Policyholder of any *04 owned, WOW or operabd by on employee of the P010)01dw an WW of the Poicyhatder (06 exduaion does not apply to ainart dwwred wdrh pibl or crew on one lime cuter bub). (2) an uddent winds an Incised Person Is ire anteing or oft shy air" We acting or training as a pilot or crow member (thb adnion does rat apply b pa wvn who lemporariy Wm pilot or c w<< xbxn h alb itreebrlig arrogeocy); (3) emotional tauma, martial or phy" lbws, disease, pregnrwy, d*birth or miec r*^ bxWW or viral itfe ion, or bodily mhAm Wm (except biftW r6c bm erased try an AtrJ 4M or from Aodderdai wnsunpban d a substage cwdwwatsd by bw"); (4) wade, attempted sukide a Las that's nlertliw* "#-vWkcad; or (5) declwwl or undeclared 04r, CLAIM NOTICE: WrW tiein r4tim must to given to the Company wdhin 90 days aEer the oow ma of any Lou waled by this pdiq or as was masonaby possible. Falure to give notice within 90 drys wil not irwalidae or reds a any ottnerwise wild claim (notice is given as swat m)afonaby possible. CLAIM FORIMi VMMn the Company raoifwa notice d a chin, et Company w+t send you forms for giving prod o toss to us wlhin 15 days. If you do not moeive the bmis, you should send the Compaany a velum dw rom of ft Use. CLAIM PROOF OF LOSS: Complete prod of I= must be givers to Comp" wlhit 90 days abr ft data d Lou or as soon as muceiady possible. Failure to give complele prod of Loss w+lhh themtine hanta W not imarlidele any dheinvise valid claim 1 n*e Is given as soon as masonaby possible and in no event Iak fm one year Aw the deadline to submit camplele P W of Loss. CLAIM PAYMENT: The Company veil pay you or you banaficary to applicable Bench Amours whin 60 days alter complete proof of Lou is received and I you, the aaicoolder orator the benddary haw oonpfed wit all It* tmns d are policy. Ail91TRATION:nfeeuatdadispute under 0*poplin,eNt I* Catrparry tr fen Yhrxad Person mayntalte a vrilart dariad br arbirafoh. h flat t?se, fen Company and the loured Person will earn sded>n ubb4or. The bo ablators vA *W oft IffNy aamnot qw wilds 15 drA dhar tie Company or the Insured Pow may mealiest lhat the chdoe d aft baler be submitted to ft knerican Arb4*n Association. The obi alion will be held in fen stale dtlaa Insured Persorfsprii0pal MUM IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL. THE CLAIMS SERVICE CENTER AT 140-CLAIMS-0 (1400.252.4670y You can alao Soto fte Ctrrpany Web site 1SONdJ , click on Report a Lacs, select Accident BaMHs and Lk darns, select ft appro•pn.ate bnn. print at the dam fom>, M out and mail. You can fie a chin by met orbx Malting Address: Ct GROUP OF INSURANCE COMPANIES CLAIMS SERVICE C TER 600 !INDEPENDENCE PARKWAY PO BOX 4700 CHIESAPM VA 23377-4700 Fax Number. 1400300.2538 As a handy Wpm guide, please read ft11s ad kmp it in a sate place with W oft insuw a documents, lids desaipfat d coverage is not a oonitatx of intetaartce but s a stn many date grin . prov OM 0 (ft insurance while in affect. Canpless poky provtsbns are WOW in the Master Policy, which can be obtained torn ft POfcyhotder: Policy #990frI" Policy Undowitw 8y Plan Administrator Federal Insurance Company The Direct Mbkel'ng Group. Inc a nMnfaer inslaEr of the 13M Dedfa d Avenue Chubb l3roup d hasxanhce Cantpahiw Omaha, NE 68184 15 Moungn Vow Road, PO Box 1615 Wamn, N,107061.1651 DESCRIPTION OF COVERAGE SECONDARY RENTAL CAR COLLISION COVERAGE Dr eve Cardmembers can benefit front ft swi ty and safety offered Orough Excess Colli m Damage Waiver. K you net a vehicle for 31 consenitive days or lees (a 45 days wider certain drCtrt>itahoas deeaibe l bebw) v* your Card (aa defined bebw). you may be eligible for W o under this Coverage, Excess Coll&w Dame Waiver is an tuurance program, underimrW by Federal Insuraxx Canphny Policy # WS17V (#*'PoW. DEFINITIONS: UA" nneim a Card a=unt. AMMAWWWR mom fie ooet 1o repair or replace file Rented Aubcmoble at to tune of loss, less depreciation. QWMU& maana the holder of the Card trvtMSe narne appears on the credit card. GWmlits the 0soaver Cad. S { "MM the drop and ecdderfal Manage to a Rented A11AMnObile caused by upset or collision with another object. Collision Damage does riot irlu is lose caused by rnissiles? fakV objects. Ise, feS or larceny, explosion, earftquake, witdslorm, hat, water, flood, malicious misc hid orvaWalism, not or c'W cpm vtigL fdninml means the Federal Insurance Company. lLIIYM man Catirwnbus and authorized users rife Asootrtt. Egk*AK mans OF$ Swipes LLC, the arttily responsible for to payment of premium. 1811111N,AMIS maani a commercial automobile rental company f0enad under the laws of the W*Als jinisdOw. E1 means a fax49MOM PWW paaenger type motor vehicle or a minivan manefacprred and designed to transport a maximum of seven passengers and coed excursively to osny pasaiMrs. ARented Automobile mxct be designed for travel on public roads and rented from Rental Agency. TO GET COVERAGE: The Cobon Damage Waver Coverap 4 presided to y% as an ktscaed, aulamatiraly when fie an" rental fee for fie Reined Aulorrabile a charged er debW to ImurAoccut. I's not nemssary for you to no* tie Company at the tine fie rental fee is charged or deb4d to yw Amunt. You mist decline the Loss+Danvge V& W 040(00 by the vehicle Rental Agency. You must rent ft vehicle in your own name and sign the vWrA w4ef agrtertknVoadrad. The coverage Period will nob exceed 31 consecutive days or 45 eonewr W days I the Irwed is at employee d an agangaipn WO has provided a Card to Isle Insured for business use. THE VJND OF COVERAGE YOU RECEIVE: In considerAw of ft premium * by tie Pokj+hdder as mq *W, and subject tD all to tans: dfhe Policy, ate Canpahy ages 10 reirhburve on an Actual Cash Value bass WW the Insured or ft Rental Agencyfrrepaiianplaoattsrfdente RantetlAtllortrohisasares??d Cdfsiat DarrtagetoM Rsneed Aubmobte.7hefanparys fiabrTtyw+llea faa marrinxtnh reim6usenyent d><28,000. rinse evattwil One Carnpany be fable beyond fie a o rib et*e1y pad by the Insured aft Rated Agency, If you or an named's primary vehi* insurance or after coverage has made payments for a covered kiss, Excess Collision Damage Waiver will cover your deducible and any other eNkk amounts not covered by *a insurance. This coverage is not afindusive, vAict means It data not cover such things as petsonat i*q or personal liiabiliy. I does riot cover you for any damages to other vehicles or poperty. I does not cover you for any njtry b any party. WHO IS COVERED: D*o+w Cw*v*mmbna EXCLUDED RENTAL VEHICLES: Offagd, ari4w a tieaad at 6M mrteDnMrtc W Wft remeatoreal alid :e, crnpere, pickup forks, aW minibuses; Nm w summon molarvelydes erhigh vale, exd)o, high Perfam> = 0rMbda type. V value mclorvehides aremolorwlydsstikrop N03=Mft value a ftxIs 550.000, and aretimpea molar vahides are defined as"Wide over25 years old, orany vehids whiten ha; nol bw mane dvedforfoye"ormore. WHERE YOU ARE COVERED, Gowage applies to "hides rented in the U U Stoles and Canada only. Coverage is red wilsble w1we Prolrbted by ITw, WHAT Is MI COVERED: Coverage dos not apply to loss resulling from the foMowir4 Any disivnest, fraudulent or criminal ad of flle Insured, " Forgery by to tnsmrad. Lass due to war oroorfacetion by authorities, Loss due to nuclear reaction or radioactive oD+tlerrlinatiort, The Inured being rft *d, as defined by the bw,s 0( ft jaftlictW where fhe bas ocnrned, or under to Influence at any nxi% tic unless prescribed by a ph s*an. • Use of the Rented Automobile to cry passenger; and prop q kr hire. Use of the Ruled Aut roobtle by a person moan than the one autoor•¢ed to opiate flte Rented Automobile by tee terms of the Rental Agreernerd. Loss of use of toe knifed Avanoule. Intentional damage to the Ranted Automobile by the kl;trrd, Damage while is due and corfned to w or and tear, freezing. mechsnkal or efedrical broWown or bin, Damage to tires unless the loss is coimddsnt with a oOmed loss. Use of ore Rated Aulornobb in tea, ranee or eoMests. The Ranted Auto robile berg ope Ad or boated in any territory pro4ubited by the terms of the Rental Agreement. FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS: To the extsM that ftds pkn provides insular apWnt damage to a retied motor while, 0* WPM terms and conditions apply: (1) the period of nstumnce coverage will ref eat eel 31 consecutive days, or 45 aonsea 6m days N the InarxW is an employee of an organkW Wait has provided toe Card to tte lnsexed for bushes use; and (2) the insurara provided by lft plan will be excess over any otoa'vafid and caaediblt unu arcs covering toe Rented Aummoble. Hw aver, to nurranoe provxlad under Its plm mw be pmnry 1 salty provided for un Wft *ms of to plan and if tK foNowing aftia is met: (a) the Rented A kmobile is rented for use ouieidethe United Met, itsferritodesand posse alorw (b) the hued is anon *Md an organl:atim whirl, has provided tee card to to Insured for bushess use: and (c) tee RwW A domobile is noted wAhott a driver. NOW TO FILE A CLAIM UNDER EXCESS COLLISION DAMAGE WAIVER: In the evert of s Beim, wrtfen or verbal notes must be provided as soon as eeasaoahty possible. IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PL%ASE CALL THE CLAIMS SERVICE CENTER AT:1•t0 aAlms-0 (1.502624670). You can also go to tie Company Web sire (wppy-dk&,gam). dick on Report a Loss, select Accidw, 8eeefes and Life Claims, sled the appmmWe foram, print out ft clam fpm, fill out and rnW. You can fee a clam by writ or fax Ma01ng Address: CHUBS GROUP OF INSURANCE COMPANIES CLAW SERVICE CENTER 600 INDEPENDENCE PARKWAY PO BOX 4700 CHE".mAPEl4KE, VA 133274700 Fax Number. 14001100.2538 CLAIM PROCEDURE: The Insured must send tee Company w?iilre no0 of a Bain, iKUft tie httaed's tlalllt artd Pofb/ rtrttlxtr.vniteeo f10 dive after a covered ions o=n. r n*e Camp) be given water teat time, itmum be given as Soon as MNOW1 ly possible. To fve a swam Proof of Loire, toe issued must sated toe blowing information b tie Co piny or ire a *wmed represenWive: A copy of the Account statement showing flee automobile rental Udine dw. A copy of ft a* nrobee rental agreement. A ropy of the polim report A copy of the ireitlal diem report ;ubrr W to doe automobile Rental Agdmcy. A copy of tta paid dais pnsenied by the automobile Rental Agency for the Collision Damage for which the Insured is responsible. Proof of ubmlaslOn of ft lass to. and doe rawks of eny;atderr*t orOmW tri the appkabie nau wen carrier(s). If no other nsumanpe a ap b**, a named stater W from the lowed t0 1W effeed. Reminder, Ptaese refartothe Insurance Disclosures secfion. INSURANCE DISCLOSURES As a handy rrhrwha guide, plasm read this docunwM and keep It in a We Pli:m with your Cher inslranee doaments. This Surmary d Coverage is not a w-ow t of ilSCrrm but is srnpy an nbmdw s mrwt to 9"lle Inwards d the pihcipal provisions of li irouranoe whik in e8ed. Canplete pro4bm pint xwq to this plan of tmratce are eonimned in she master poky on fie With DFS Savioes LLC, heroin mfwred to as the Polici holder, tf a statement in this Summary of Coverage and any Provision in the policy differ. the policy will govern. P04Ilndwmv wt by Plan AdrrirAlw Fedwal hxrmhe GwWy fCarW* The DeadMal" itg fiW. kte. s nernbsrdlhe 131211511lubdAverue Chubb Group d kriudrtoe Carpaiies Omaha, Ne 69164 15 fvfouiih Vuiw Raid, PO Bch 1615 l lean, Naw Jersey 07061.1651 mw& Pofay Number. m17-63 Elfsetwe date of bemufite: Ertadiw April 1, 2007, On guide replam all prior disclosures, program descriptions, adwnisirg, andlor brochures by any party. Poli*otder and Company re mm the right to change the bwWb and fc*m of t mm pro pa at any time. Canceltaatieon: Po4vAwkler can cancel these benefits at arty tine or chose not to renew the ins wm ownmp for all at owed Cardmambers. N Policyholder does anal these bomb, you will be nothad at Meat 60 days in a6me. I the Company lemnilales, cence6, or dhoom not to renew the ovivage to Poicyholdl r, you will be notified as soon as is prarbcable, insurance bendilis will still apply for any be netts you were etigtble for pior to the dale of such tenfMwkm, cancellation or ra wewAW, &4W to the Unro and rAndili m of awerage. SonNpe to you: these briefs ippy city to Cardrwrimrs whew cards are Wmw by U.S. then ciW hsiiutons, The Untied Mils is dd* 8a erne 5o United Stems, she Dwa of Columbia, haft n Sang, Puerto Rim Gam and the U.S. Vingh isWft No peaort or &* other than the Grit member shall hone any legal or equitable flight, mmg*, or C& for ha nos poaeos andfor dvmpM undo or awn out d this oawrapr. These bwlefs do trot appy if your Card privileges have bin eat lei Ho Neva, ibmvance bwWb will stud apply for any benefit you were eligible for pia to the dale that your A=A is euepeeded or cancelled wbjed to the terms and conditions of coverage of your ca $Wttbw Agresmwd. Tramser of rights or bsnofe: No rob or benefits provided underlhase insurance bwwfs may be aaipned wOW the prior written consent of the Canpany. IAisaismo atim and Fraud: Covwage d the Insured wit be vad t, A any tine. the Insured has mrnWW or nusremserted any material fad or cnaunstance concernirg this mve%e or the wt,>jed thereof or the Wool of the Inw W herein, or in case of any fraud orfalee swewhg by the lnsured relating thereto. Coverage for an Ins will be void 7, wfWw belom or dW a loss, the Pokyhhdder or eta suWa bing organ¢atonfs) has concealed or misrep?e lerted>mY malariallad a Cictru once ooncemhg this cahetage or the subject Iherod or the ihiereS! d ant Insured therein, a h case of any fraud a fWw awewN by the Pofsyhctdw or b wbsc bN orgy Rwtionla) reWing hareto. Addition of Now Insureds: At rili persons will be auoanaWaNy k wred under this Policy. Exa ngnatloa Under 04h: k is a oooditoo of this k wrarloe that the Wumd W4 the Pokyhdder, as d1w as may be r mnAy squired by the Company, wit wbnal, and witch im power Cam others to submit, to exarrinaliau under oats and vA produce for elan111Aian all vAinps, books of acoouK bill, invaas and Other vouchers, or candied co* thwed d or#wk art lost, at such reasonable line and ph" is may the *Owdw by the coin any or is repesetative, end wt! P" ehmrads and espies ensued to be made. No such efarnitu tan under oO. eurami Wan of d= m b or any o0 w ad of she Cornpany, As wnploym or mp uwt*m in connection with. the meslipotion of any loss or dam will be deemed a walYer of any defense and such ads shat be downed to have been made or done W VW prejudice b to Canpanys Ubilty. No Ba A to Others: This eowspe will In no way rout directly or ftecty to the benefit o (any insurer, person or orgeru;ptiah or other bailee. Subrogation: k is a condition of thin irwram that t the Company pays the Insured for a bu, it will reque : the Insured to assign and treraier any dais or right of action apaina any it WW . frm of corporation nor such ba to the Company or subrogate of hold h tn,st at Std rights 10 the extent of the amount pad. The Insured will agree to take aabl as mqubud by the Comm to atroe such ngttw, Upon paymert by the Canpany to ate Insured, the Insured apses to dyed enforcerrherht of such rights its reasonably requested by the Corr4my and :0 *0 to the Company any (!Dowry to the extent peymeri of loss has been made by the Canpany. Arbitration: to rit event of a dispute under this poky, ether the Company or the Insured may make o written demand for arbitration. In that wee, Ile Company and the Insured will each mW an a Waw. The hno err &mo s will select a d*d, !they cod agree within 15 days, either the Company or the hh%nd may request that the dhioe of aftalor be suw Ated to !the kywitan Arbitration Assadaliorh, TM artiitntion vrit be held h the emit d the Mhwrrd's pdnc??pal residence. GLOBAL TRAVELER'S HOTLINE TERMS AND CONDITIONS The Global Travelers Hotline Provides C dmenhbe s and their families a wide range of free travel assislace bene9ls. It is operated by AXA Assislim USA, Inc. Vol Nscorercard.oorlftm to learn more. EtoWlity. You must be a Cadmernber whose Acwad is h good standing, the CardrnwWs spouse or dependent chid travdng with the Card,rthmber or an A monaed User of an Axout in good standing. Third-Party Charges. Global Trawlers H** is not insurance, so you WIN be responsible for all third party fees and expenses for services reouested, such as professional or medial fees. Availability of Servkes. Certain services may riot be available in all areas. Call us at 140"SCOVER it 4"7-M for asaiaiarwa or if you have West ns about a spocift tfemiro a. Outside the U.S., call us coiled at 1.801402-3100, thhile AXA Aaaisim vA make every reasonable offal to provide the services, nWw AXA AssiSta a nor Diswm Bank or err respite 21filiabs will be liable N a servioe 4 not provided or for any services Ihat are provided by thid parties. The services and these terms and m itions are subject to dtarxye without notice. STOCK & GRIMES, LLP By: FRANCIS X. GRIMES, ESQUIRE I.D, NO.:62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney For Plaintiffs DISCOVER BANK Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. JOSEPH P. RUANE Defendant NO, 11-4953 CIVIL ACTION PLAINTIFF'S REQUEST FOR ADMISSIONS AND INTERROGATORIES DIRECTED TO DEFENDANT Pursuant to Pa.R.C.P No. 4014, Plaintiff, through its counsel, hereby requests that Defendants make the following admissions within thirty days after service, for the purposes of this action and subject to all pertinent objections to relevancy which may be interposed at the trial of this case. ATTACHED EXHIBITS Exhibit "A" attached hereto are copies of the Discover monthly statements for account 8109 for the period June 3, 2009 through December 3, 2010. Exhibit "B" attached hereto is a copy of Defendant's executed application for X81.09. Exhibit "C" attached hereto is copy of the Cardmember Agreement for Defendant's Discover credit card. ADMISSIONS AND 1NTERROQATORIES Exhibit "A" are true and correct copies of the Discover Bank monthly statements for account 8109 for the period June 3, 2009 through December 3, 2010. If the Defendant denies that Exhibit "A" are true and correct copies of the Discover Bank monthly statements as alleged, provide a full and complete basis for the Defendant's denial? Admitted 2. Exhibit "C" is a tike and correct copy of the Cardmember Agreement for Defendant's Discover Bank credit card. If the Defendant denies that Exhibit "C" is a true and correct copy as alleged, provide a frill and complete basis for the Defendant's denial? Denied. The correct written agreement for defendant"s card is evidenced by reference number TL21J.0509. 3. Defendant received on a monthly basis the Discover Bank monthly statements for his account which are attached as Exhibit "A". If Defendant denies receiving any of the monthly statements identify the statements which were not received and what the Defendant did, if anything. Admitted, 4. Defendant made or authorized the purchase(s)/charge(s) reflected on the Discover Bank monthly statements attached hereto as Exhibit "A". If Defendant denies making or authorizing any of the plrchase(s)/charge(s), identify the purchases/charges and the monthly statements reflecting the unauthorized purchases/charges and explain in full and complete detail what, if anything, Defendant did upon learning of the unauthorized purchases/charges. Admitted. Defendant executed the cardmember, application attached hereto as Exhibit "B". If Defendant denies executing the cardmember application, identify who executed the application. Admitted. Defendant agreed to the terms and conditions of the Cardmember Agreement attached hereto and marked Exhibit "C". If Defendant denies agreeing to the terms and conditions of the Cardmember Agreement, explain in full and complete detail what, if anything, Defendant did to communicate his/her unwillingness to agree to the terms and conditions of the Cardmember. Agreement. Denied.See item 2 above. 7. The Defendant made or authorized all of the payments and/or credits reflected on Exhibit "A". If the Defendant denies making all of the payments and/or credits, explain in full and complete detail what payments and/or credits he did make or authorize and which payments and/or credits he/she did not make or authorize. Admitted. The Defendant(s) have not disputed any of the charges in writing within sixty (60) days of receipt of the monthly cardmernber statements as required pursuant to the Fair Credit Billing Act ("FCBA"), an amendment to the Truth In Lending Act ("T1LA"), 15 U.S.C. § 1601. Admitted if required by law. 9. Defendant's balance owed to Discover Bank on December 3, 2010 was $3,097.39, which was accruing interest at the default rate of 15.99% for Purchases 07/23/2010 and after, 10.99% .for Purchases 07/22/2010 and prior and 3.990%, for Balance Transfers. If the Defendant denies his/her balance and/or accruing interest rate, then identify any and all inaccuracies and provide any/all documentation supporting Defendant's denial. Denied. After thorough investigation, defendant is unable to certify accuracy of late fees and interest calculations and strict proof is demanded at trial. STOCK &GAIMES. LLP DATE: I ar FRA TS X.. GRIMES, ESQUIRE Atto ey for Plaintiff JOSEPH P RUANE hereby VERIFIES and SAYS that he/she is the Defendant in the within action; and that the responses to Plaintiff's Request For Admissions are true and correct to the best of his/her knowledge, information and belief. I understand that the statements made herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I certify that X served a true and correct copy of aforementioned respnses upon FRANCIS X. GRIMES by regular first class mailcA A/It/W. DATE: r J sep P. Ruane EXHIBIT "F" L,lIJ -toy tI Sa.D9i,34 D3503NGA01 MOIR31 JOSEPH RUANE 133 WESTGATE DR HT HOLLY 5POS PA 170652010 ,.nun' , uynrenr vue Account Number endinr3 in B1 U9 $413.00 Ewan Amount Em?osed below Poym mt Due We lenuary 2011 Pleats make !hack ppaatab4 to Discover Card. Mini nwm pa ilw includes a poll due am" eF 5700. rtie and intern. p "Weis mug be mode by S:OO m ET fa tams p . Cio ppetww Mfd mtla your ea0ount rhamltllart mac secure Witt PaLword- psottsclao O& w "any you teen soceas. Lt" more at discovwxotrtrpepatless. PO Box 71084 llltalinsllnnrllt+ntll CHARLOTTE HC 28272-1084 Address, email or telephone change! 6rlilt iulililuIII,lelutiililt tlr,lm%IIL,irrlrtlrfull Go to www.Discovsr.com or print chonge In spore above. 000001486453473589130030973900000000047,300 Opening Dane: trw4wibu 4, 2010 • dosing Dald: Da Discover More Card Account Summary Account number ending in B100 Preyiout Bakmes 53,04932 Payments And Credits 0.00 PurchOMS + 0,00 Balance Ttanifars + 0.00 Cash Adva os + 0.00 Irr.rost Charged + 13.07 Fees Charo.d 3$,00 New ea ? ? .Sae InWast Charge Calculation section lotkswing Iransoefiont fer detailed APR information CsedR Une $3,200,00 Credit Line Amilabls 10:00 Cash Admnee Credir Una $1,600.00 Cash Advance Credit line Available $0,00 You may be able so avoid Intetest Charge!, see Addiliaral b"portaN Inkrmarion for details. Cash oc 813nus• Annivwsary Month May Opening Ceshback Bonus Balance 5 0,00 Nave Cashbook Borers This Period * 0.00 Ceshbedc Beaus Salettss 5 0.00 To Lem ma., ty in at weiw4rhw er.Mm 3 Easy Ways to Contact Us 1, Access your account securely of wwwAlikover.csm 7., Cat 14DOWCOVER 11.600.3d7.24B3 Pease hawyawDleeovereCadavoilc , 3. WNIs to us d Discover, PO fiat 90943, Solt Lake City, UT 84130 iNol a paymere oddressj For paymards denaa send to addr ss on ram ftnco or Diseevw, PO & 6103, Carol Sreem, IL 60197-4103 For TOD (faksaommunicolicns Dario kr the DeaD asNsbnce, pleota cat 1400447-7449. wnAw 3, 2010 page 102 Paytnrnt In6nnation Now Balance $3,097.31 Minimum Payment Dusv $419.0t Payment Dw Dde January 1, 201' 'Includn past due omoum of $352,00 tests Payment Wornkil IF we do not receive your minimum payment by the dale listed above, you may haw to pay a k:+. fee of up so $35.00 ad your purahttw and "No hamfw APRs for new tronwelbns may be inornated up to the penalty APR of 20,49% vtwiable. Mirimsnn Payrrrent Wemi"ll: if you make only It* minimum payment each period, you will pay more in intered and It will bake you lotrgar to Puy of yeot balm". Fw seampia: Only "minimum I 13 years 1 54,303 If you would like information about credit cevnseRng services, cog 1.80347.112). Manage Your Aground Online at wwwb6cover.con • Access bets onlinti tools like Paydown Planner to credo a plea to down your balanw, securely arrest Ndamenlb pay bit aegm and .asiytroak an hartactiaa • Make your mawy worth morosm-find easy ways to earn and redeem cash rewards « NE lI A*qtwa your aeaauat scuraiy through your phone Transoctions TmR Fees Dec 1 Dee I LATE FEE $ 35,00 TOTAL FOS Fitt THIS PERIOD 3540 le .st Chr.yed INTEREST Ct1AR% ON PURCMASBS S 4.48 IAREM CHARGE ON CASH ADVANCES 0.00 INTEREST CHARGE ON BALANCE TRANSFERS 8.59 NOTICE: 5EE REVERSE SIDE FOR IMPORTANT INFORMATION D V R u pay+M, i JOSEPH RUANE L)IbL UVER i .{}sscc?vE _. Account numbs ending in 8109 page 2 of 2 Interest Charge Ca culation Your Anhwal Partentogs Rola (APR) Is the annual interest rate on your account, Cur»nt Ailing Period: 30 days TYPE OF BALANCE ANNUAL aMAGE ? SSUMECTTO ItITEREST ChSARGE RATE (AP11 Purchases" 07/23/2010 mod after 15.99% V $137.48 $1181 07/22/2010 and prior 10,99% V $295.87 $2,67 Cash Advartass 23.997) $0 $0 halanee Tronsfen 3,aoX $2,622.28 $8,59 V - Variable Rdo • Doles apply to nonpromotionol porchams and to expired promooom with start dates within 1M "ihW dote range Addili•ml Important Wairmallon See yaw Cardmonds•r Aprhrerr4m. Your Cardm•ah>Issr Agrewm nil conloins all the Ise- of your Account. Lost or aelen cards, kepof irnrrledtatelyl C•d 1400.347•ld0. What To Do N You Think You fled A AW tots On Your S1aMnent IF you thlok there it an error an your iwarn w wrae to us at Discover, PO Bosh 30421, Solt Lake City, UT 841300,121. In your loser, give w the movting infaanoiion: • Account infisn"lao: Your name and account number. • Dollar amount T6 dolor amowrt at the suspected writ. • Ds.criplion of problem: If you Ihiok there Is an aver an your bid, describe what you believe Is wrong and why you 6dieve it is a mimoke. You must cenlod w within 60 doys chef the error appeared on your slal•m•nt. You mud rptlfy w of any poMtid errOri In writing. You ot call us, 6vt if you do we are not squired a invanigale any potential errors and you may has" Io pay the amount in arr. While we investlpala whNhor or not hero has been on enter, the following are hue: We cannot try to called the amount in question, or rapers you as delinquent on *01 amour), • The Chary. in gQt?tadion may somata on your statement, and we may continua to charge you interest an *or amount. But, if we d•term'M lnat we marls a mistake, you will nor how to pay the amount in question or any intoned or other lees related to that amount. While you do not hove to pay the amount In question, yyoouu am responsible For the rematder of your balance. We can apply any unpaid amouti against your Credo Blatt. Your tight# If You Are ok"ti4ed With Your 0o0 Card Irmhoss• If you aredissatisfied with the s or services they yov have purchased with yaw credit card, and you have tried in good lailh to tarred the pra5tem wilh she merchant, you may haw the right not b pay 16 mmobung amount due on the purchom. To vm this right all of the Falbwlng mud bit true: 1. The purchase mart haw been mode In your Iwma rate or within 100 miles of your currant mailing outdrew, and the parchasa price most have been more than $50, 14ob: MOW of lh•ee an nessmary of yaw Putdsase wit based on an 4dwr8sshme n Yv ma0ad'b'?}? er if wit arm the canpary'Yror said you AIM peels or esrvies.? 2. You must haw used your crada card far •uWs Chow. Pwthom a made with casts advances ham an ATM or with a cheek that aaeesses your credit ford aaeourf do nW qualify, 3. Yov must nor yel haw fully paid for the purchase. It all of the arilerio above are sass and ms odd dbu islled with the purchase, conow us In wrifino a1; Discover, PO Box 70945, Sob We Ci yOF el I W,0945 While we im sfigere, the mme rules w the digxaed omoum as ducusmd above. After we finish our invedigalion, we wit tell you our deals On, A that paint, if we 16ink you owe an amount and you do not pair we may repon you as ddlnquerd. our poyeserri and the top portion of this statement in the em•lope provided. Do nut sand cash, By Payments. Send Nrlff anding your +d+sdesnihansfer From youn onsacffan, It pause nfarmatien GtM day My yorx puymeN, and you coil not recent your t}hsck Beek 5om year finoneiaf irrsti1u11on, ThatproGesing of your pa r6 snag t» delayed FFyou nerd cash, carrespcndenc?• rsr stiles INms vrith pVym!n6 If gust sent! IFhe payment b any a h?ir eddrau er ifyas use an em+Faps olfsM' iFron else ens praWdd, faysn•r trsesivsd m proper form at ots proesasing (aellily 6Nv1 lime on o ?, what b¦ credll•d b Aecowtt ai: of that Boy. Payments reeaved nil our proesasitg Faed?y sties 3PM boat xm.?vtp 6s aadlted 1o your eA?eww es of fh?nnd day If you hare mispleeed yyoouvrr •rwalope, .end your poyy?es.nII fo Dle?e.avr, PO Box 6103 Card ylraem, FL 601 •6103. IN+ose alk+w 7.10 days For dd'wery. If your paymen+ Is t.hxrhed tesfraid, vre teatw due rigid b nsubmN 6 as an sksekanie tlebh, You can pay your m inimum payment or a greater amount veer d* lel•phone, and you can rot up automatic prrym nor Call u? at 1.4100.347.2683. You will-need this statement and year bwtk neealxt in6viatic". You resat masse Iftat aillickink Furrds are crmV061e in yaw bank occoum, and all lronsactio d must campy with U S. low, You wig be asked to praywo the first 5 IS of year Qaeourt *"mod LP cede, B Blot. nrm+birs at your eleehonia you will be rwi b tine auThorixoflah ha allow vs and your bank to dyi std d eels Paymenl yosr avdterisa Gom youir aacox". and 16 thou drsbl or credit sohles. Po your balk aacoknl, as wwli table, so serswi an veer in the propsanp of s"h jK*.nsm. You mud led us she amount of each payment or you can alto al amount such w dsa Mlrtimam Payment Due IM Nsw Belancs on arch dohmed. You ear, cancel opoyrnW_ however we mug molar notionat Nast three buarh?ss In advano of Ike selt•dulad pa ant. You may noti?lyy us 1blyy t != or 1-ppp 347.268, er by mad of the oddram d" in ttt? p?e??ys paragraph, lr your Fa yments vmy in amount, we will Usll you on aadl tedaMFy afalaenenF when ymur payment well be made and how much It wiF». Your automatic nil amount may be toss Phan hndicatod en the month tY sratori based on Credits or paynreAto applied dvdrq the bl erg cyeN. C iv& 8•pet*11, We may toga) Information about your Account to credit bureaus. Late pWatnis, missed payments, or yew Account on creeddit reAqvrurd may be port g agom its qa6 month If ywl se loco Bkal our Is b AVals oars incom la pia wririte us is the Wowing address: Discover, PO Box 1S316, Wiknlnow, DE 1985 316, Pkrase indicate yaw name, address, home telephone number and Aceauni number. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INPORWION D R hereby VERIFIES and SAYS that he/she is the Defendant in the within action; and that the responses to Plaintiff's Request For Admissions are true and correct to the best of his/her knowledge, information and belief. I understand that the statements made herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. l STOCK & GRIMES, LLP By: FRANCIS X. GRIMES, ESQUIRE I.D. NO.:62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney For Plaintiffs DISCOVER BANK Plaintiff V. JOSEPH P. RUANE Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-4953 CIVIL ACTION PLAINTIFF'S SECOND REQUEST FOR ADMISSIONS AND INTERROGATORIES DIRECTED TO DEFT Pursuant to Pa.R.C.P No. 4014, Plaintiff, through its counsel, hereby requests that Defendants make the following admissions within thirty days after service, for the purposes of this action and subject to all pertinent objections to relevancy which may be interposed at the trial of this case. ATTACHED EXHIBITS Exhibit "D" attached hereto is copy of the Cardmember Agreement for Defendant's Discover credit card. Exhibit "E" attached hereto is a copy of Defendant's responses to Plaintiff's initial Request For Admissions. Exhibit "F" attached hereto is a copy of the monthly statement forwarded to the Defendant for.the period ending December 3, 2010. ADMISSIONS AND INTERROGATORIES Consistent with Defendant's response to Plaintiffs initial Request For Admission number 2, a copy of which is attached hereto as Exhibit "E", Exhibit "D" is a true and correct copy of the Cardmember Agreement for Defendant's Discover Bank credit card. If the Defendant denies that Exhibit "D" is a true and correct copy as alleged, provide a full and complete basis for the Defendant's denial? Aoairr ea . 2. Consistent with Defendant's response to Plaintiff s initial Request For Admission number 6, a copy of which is attached hereto as Exhibit "E", Defendant agreed to the terms and conditions of the Cardmember Agreement attached hereto and marked Exhibit "D". If Defendant denies agreeing to the terms and conditions of the Cardmember Agreement, explain in full and complete detail what, if anything, Defendant did to communicate his/her unwillingness to agree to the terms and conditions of the Cardmember Agreement. ADntci t EC,_ 3. Defendant's balance owed to Discover Bank as reflected on Exhibit "F" for the period ending December 3, 2010 was $3,097.39, and which statement reflects an interest rate of 15.99% for Purchases 07/23/2010 and after, 10.99% for Purchases 07/22/2010 and prior and 3.99% for Balance Transfers. If the Defendant denies his balance and/or the interest rates, then identify any and all inaccuracies and provide any/all documentation supporting Defendant's denial. km t i-t0, STO 8? GRIMES, LLP DATE: l , v BY: F IS X. GRIMES, ESQUIRE Attev for Plaintiff T 5Ept4 VERIFICATION hereby VERIFIES and SAYS that he/she is the Defendant in the within action; and that the responses to Plaintiff `s Request For Admissions are true and correct to the best of his/her knowledge, information and belief. I understand that the statements made herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. S"LOCK & GRIMES, LLP BY: FR.ANCfS X. Gp.1MES, ESQUIRE ID NO.: 6''40~I 80=I w ~ s1 %1~~~~nue lenkintmvn. F'A I90~6 (21~->76-19U0) DISCOVER BANK ~. .JOSEPH P. R_U.4NE t'' k ' ~S„a,,- ~ ~'_ i ~, 4~. ~~"~~h~~C{~~s ,K4. Y 4C1' 22 A~110~ 32 ,~ ~. ~~ Y COi~~RT OF COMMON PLI;=~,5 CUMBERLAND COON"I~`~' NO.: 1 1-0x}95 CIVIL ACTION-LAW CERTIFICATE OF SERV[CE I. Francis X. Grimes, Esduire, hereby certify that on this date I served a true ~u~d correct copy of the fore~oin,~ Plaintiff's Motion and Memorandum of Law in Support ;~f Summary Judgment fog- Plaintiffupon the Defendant or any attorneys of record. by first class i~uiil, postage prepaid. on the date indicated below. ~ -, ~~ Date: _~-y ~'__-1. ;' i ~'. ~`~/?,,!j~~l~ 4/ F N(.IS X. GI~I QUIR1: Attorney for Ply IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Discover Bank Plaintiff V. JOSEPH P. RUANE CIVIL TERM c..` :_ . ~ ^~ - _.. r-- ~ w~, _. ~ ~; _x . ~ w~«-- ~- ~..,. • ..,c ~. ~~ ~ _-i Defendant DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGEMENT AGAINST DEFENDANT Defendant hereby responds to Plaintiffs Motion for Summary Judgement as follows: 1-17. Admitted. 18 Denied. Defendant has not admitted to the amount demanded that being $3,285.75 ($3,146.45 plus court costs of $139.30). 19. Denied as a request for relief. Furthermore, Defendant has not admitted to the amount demanded that being $3,285.75 ($3,146.45 plus court costs of $139.30). Wherefore, Defendant respectfully requests Plaintiffs Motion for Summary Judgement be denied. r~ Jos,~ph P~ Ruane, Defendant ~~ I I~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) - ~' .._.. _.~ _ ----------------------------------------------------------------------------- . , , __p ~ .~ CAPTION OF CASE '~ ., r.: , (entire caption must be stated in full) ~ -' ~? f ,~~, ~ { ~~ DISCOVER BANK ~ _` ~ c. ~ - ~.. ~ .' 4. "' ~, rep ' .. __, . JOSEPH P. RUANE = ~"-~' =` No. 4953 2011 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.):Plaintiff's Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Francis X. Grimes, Esquire (Name and Address) 804 West Avenue, Jenkintown, PA 19046 (b) for defendants: Pro Se (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 21, 2012 S' nature Francis X. Grimes Print your name 11 /27/12 Attorney for plaintiff Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. ~~ ~~~~ ;std °~l a ,~ a~~~ STOCK & GRIMES, LLP By: Francis X. Grimes, Esquire I.D.#62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 DISCOVER BANK v. JOSEPH P. RUANE Attorney for Plaintiff :COURT OF COMMON PLEAS :CUMBERMAND COUNTY :CIVIL ACTION-LAW :No.: 11-4953 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe for Listing Case for Argument on the date indicated below to all parties or their attorneys of record. by: X regular first class mail certified mail other DATE: ~ ~ I ~ ~(' ~ STOCK S LLP BY: / CIS X. GRIMES, ESQUIRE ev for Plaintiff PRESSLER AND PRESSLER, LLP Attorney for Plaintiff By: Francis X. Grimes, Esquire I.D.#62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 DISCOVER BANK COURT OF COMMON PLEAS - ;- CUMBERLAND COUNTY PA Plaintiff CIVIL ACTION-LAW vs. _— JOSEPH P. RUANE NO. 11-04953 J Defendant(s) PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my Appearance as co-counsel on behalf of the Plaintiff in regard to the above matter. DATE: 3/29/13 FRA CIS X. GRIMES, ESQUIRE PRESSLER AND PRESSLER, LLP Attorney for Plaintiff By: Francis X. Grimes, Esquire I.D.#62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 DISCOVER BANK COURT OF COMMON PLEAS J Plaintiff CUMBERLAND COUNTY, PA CIVIL ACTION-LAW VS. JOSEPH P. RUANE NO. 11-04953 P' �v Defendant(s) = =� PRAECIPE FOR ENTRY OF JUDGML*T w[ Kindly enter Judgment in favor of the Plaintiff, Discover Bank, and against the Defendant, Joseph P. Ruane, in accordance with the Order of Court dated December 21, 2012 in the following amount; Amount $ 3,285.75 Interest from 12/21/12 to present 50.77 TOTAL $ 3,336.52 l i DATE: 3/25/13 FRA IS X. GRIMES, ESQUIRE i ' J Qgauoa