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HomeMy WebLinkAbout12-5067 - _ _ _ ` Ralph Gulko Esq. '~~~{~~~~{Q~ TAs ~t ~ e~~ i File # W149199 ID#32771 PRESSLER and PRESSLER, r 1~,~;~ ~ 2~ 3~ Attorneys for Plaintif~~ ~ ~ ~ 804 West Avenue COUNT'~~ Jenkintown, PA 19046 ~,~l~td5Y~.VANIA 1-215-576-1900 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSY VANIA Civil Action r Law. NO : ~a . SD(D~ U ?t~l DISCOVER BANK C/0 DB SERVICING CORPORATION 6500 NEW ALBANY RD EAST NEW ALBANY OH 43054 Plaintiff, -versus- VICKI WILLIAMS 122 HOLLY DR MECHANICSBURG, PA 170555527 Defendants} NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth i the fol-owing pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and fling in writing with the court your defenses or objections to the claims set forth agains you. You are warned that if you fail to do so the case may proceed without you and a jud ment may be entered against you by the court without further notice for any money claime 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, TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OE'FICE CAN PROVIDE YOU WITH INFO ION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU ITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE CED FEE OR NO FEE. Le han demando a usted en la Corte usted quiere defenderse de estas demandas guest s en las paginas siguientes, usted ti veinte (20) dias de plazo al partir de la fecha de-a demanda y la notification. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la co rte tomara medidas y puede continuar la demanda en contra suya sin previo avis o notification. Ademas, la Corte puede decidir a favor del demandante y requiere que u ted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importatntes para usted. LISTED DEBE LLEVARLE ESTA DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGAD O NO PUEDO CORKER CON LOS GATOS DE LINO, VAYA O LLAME POR TELEFONO A LA OFICINA EXP STA ASAJO. ESTA OFICINA PUEDE POVEERLE INFORMATION RESPECTO A COM 0 CONTRATAR A UN ABOGAD . SI NO PUEDE CORKER CON LOS GASTOS PARR CONTRATAR A UN ABOGADO, ESTA OFICINA PUD ERA PROVEERLE INFORMACION RESPECTO A INSTITUCIONES QUE PUEDAN OFRECER SERVICIOS LEGALE A PERSONAS QUE CALIFICAN PARR LA REDUCCION DE HORORARIOS 0 QUE NO TENGAN QUE P HONORARIOS. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 800-930-9108 D a C~~ 9 a ~ 3 iZN X93? ~ - PRESSLER and PRESSLER, LLP Attorneyys for Plaintiff BY: Ral h Gulko Esq. File # W149199 I.D.# 3771 804 West Avenue Jenkintown PA 19046 1-215-576-1900 DISCOVER BANK COURT OF COMMON PLEAS C/0 DB SERVICING CORPORATION CUMBERLAND COUNTY, PENNSYLVANI 6500 NEW ALBANY RD EAST NEW ALBANY OH 43054 CIVIL ACTION-LAW Plaintiff No. vs. VICKI WILLIAMS 122 HOLLY DR MECHANICSBURG, PA 170555527 Defendant (s) CIVIL ACTION COMPLAINT 1. Plaintiff DISCOVER BANK is a banking institution organized u der the laws of the State of DE and maintains a business address of C/0 DB SERVICING CORPORATION 6500 NEW ALBANY RD EAST NEW ALBANY, OH 43054. 2. Plaintiff is engaged in interstate commerce and is subject to various federal laws and federal banking regulations; and, Plaintiff oes not conduct business within the Commonwealth of Pennsylvania within the meaning of any statutes and/or regulations pertaining to for_ign corporations. 3. DISCOVER BANK is the issuer and owner of credit cards which are issued to consumers pursuant to an extension of credit agreement with hem. 4. DB SERVICING CORPORATION is affiliated with and is the servi ing agent for the credit card accounts for DISCOVER BANK It creates and maintains all of the records in connection with all of the activi ies and/or transactions regarding the 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 credit card to the Defendant(s), and the Defendant(s) accepted the credit card, so that the Defendant (s} could ake purchases or other forms of credit from various merchants who ere 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 cr~dit agreement), which agreement contains the terms and conditions governin the use of the credit card between the parties hereto. Plaintiff atta hes 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 agree ent only becomes effective and assented to by the Defendant(s) upon use of the credit card. See Discover Bank v. Stucka, 2011 PA Super 241 (Pa. Super. Ct.,2011) 9. Thereafter, on sundry and various occasions, the Defendant(s), pursuant to the extension of the credit card agreement, used the cr dit card for purchases and/or other forms of credit and maintained a run ing account, a copy of which was provided to the Defendants}. Attached he eto as Exhibit B is a copy of the Defendant(s) monthly Cardmember statemen (s). 10. The Defendant(s) by acceptance and use of the credit card has assented and ratified the terms and conditions of the Cardme er Agreement/account each and every time they utilized the credit card, as well as by continuing to make payments to the Plaintiff after recei ing monthly statements summarizing the activities, interest rate an /or transactions on the account. 11. The Defendant(s) by use of the credit card have impli dly represented to the credit card issuer that the Defendant(s) had the ab'lity and intention to pay for the use of the credit card. 12. The Defendant(s) have not disputed any of the charges in wri ing 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. Section 1601. 13. The Plantiff believes, and therefore avers, that the Defenda t(s) last payment in regards to their obligation was processed on or a out 11/13/2011 and as a result thereof, the obligation of the Defendants} to satisfy the entire balance in regards to the credit card account be ame accelerated. ' 14. The outstanding balance which was due on the credit account ',as of 05/31/2012 was $15,198.32; and although repeated requests and demands shave been made upon the Defendant(s) by the Plaintiff to satisfy the bala ce, 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 foreg ing averments of this Civil Action Complaint, as though the same were ore 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 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 determ'ned that the Defendant(s) is/are not in the military service. 18. THIS COMMUNICATION OF PLAINTIFF'S COUNSEL IS FROM A EBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMA ION OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, plaintiff demands judgment against defendant(s), VICKI WILLIAMS in the sum of $15,198.32 plus costs and pre-jud ment interest in accordance with law. COUNT II - ACCOUNT STATED 19. Plaintiff incorporates by reference, all of the foreg ing averments of this Civil Action Complaint, as though the same were ore fully set forth in length herein. 20. The Defendant(s) has/have, by their use of the credit c rd, 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 outstan ing balance due and owing. WHEREFORE, Plaintiff, DISCOVER BANK demands judgment against Defendant(s), VICKI WILLIAMS in an amount not in excess o the Court's Arbitration limits, plus costs and pre-judgment interest in accordance with law. _ COUNT III - UNJUST ENRICHMENT i 21. Plaintiff incorporates by reference, all of the foreg ing averments of this Civil Action Complaint, as though the same were ore fully set forth in length herein. 22. Defendant(s), by use of the credit card account and the exte Sion of credit, received the benefit of the same which was given on the aid credit card account and has/have failed to make payments for the recei t of the said benefit. 23. As a direct result of the receipt of the benefit of the exte sion of credit understanding as above, the Defendant(s) has/have been unju tly enriched in the amount less than this Court's Arbitration limits, to the Plaintiff's detriment. WHEREFORE, Plaintiff, DISCOVER BANK demands judgment against Defendant(s), VICKI WILLIAMS in an amount not in excess o the Court's Arbitration limits, plus costs and pre-judgment interest in accordance with law. Dated: ~ ~ ~ Ral Gulko Esq. Attorney for aintiff ~ VERIFICATION 'I The undersigned Ralph Gulko hereby states that he is the attorney for the Plaintiff who is located outside this jurisdiction nd in order to file the within document in an expedient and timely manner, e is authorized to take this Verification on behalf of the said Plaintiff 'n the within action and verifies that the statement made in the foregoi g Complaint are true and correct to the best of his knowledge, informati n and belief, based upon the information provided to him by the Plaintiff. A Verification signed by the Plaintiff will be provided to Defend nt or counsel for Defendant upon request. The undersigned understands that false statements herein are ma e subject to the penalties of 18 P.A.C.S. Section 4904, relating to unswo n falsification to authorities. lph G ko EXHIBIT "A" i ~I~I Arbitration: In the event of a dispute under this policy, either the Company Di SC Q~ ~ 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 arbi- trators will select a third. if they cannot agree within 15 days, either the CAR D 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 YOUR DISCOVER® CAR The Global Traveler's Hotline provides Cardmembers and their families a wide range of free travel assistance benefits. It is operated by AXA ACCOUNT Assistance USA, Inc. Visit Discovercard.com/travel to learn more. Eligibility. You must be a Cardmember whose Account is in good standing, CARDMEMBER AGREEMENT a es 1-12 the Cardmember's spouse or dependent child traveling with the Card- g member or an Authorized User of an Account in good standing. Third-Parry Charges. Global Traveler's Hotline is not insurance, so you will The terms and conditions of your Account, including be responsible for all third-party fees and expenses for services requested, how we calculate finance charges, our fe s and an such as professional or medical fees. Arbitration of Disputes section. You have t e right to Availability of Services. Certain services ma not be available in all areas. reject the arbitration provision with respe t to your Call us at t-800-DISCOVER (1-800-347-2683~for assistance or if you have new Account within 30 days after receiving our Card, questions about a specific destination. Outside the U.S., call us collect at as explained in the "Right to Reject A bitration" 1-801-902-3100. While AXA Assistance will make every reasonable effort to provide the services, neither AXA Assistance nor Discover Bank or our section at page 11. 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 PRIVACY POLICY Pa es 13-16 and conditions are subject to change without notice. A summary of the personal information we collect, when it may be shared with others and how we safeguard the confidentiality and security o information. You may limit our sharing of s ch information with others. BILLING RIGHTS Pa es 16-17 Important information about your rights an our responsibilities under the Fair Credit Billing ct DESCRIPTION OF COVERAGE Pa es 17-25 The terms and conditions of the Scheduled it Travel Accident Insurance and the Secondary Rent (Car Collision Coverage that is provided at no ch rge to you when you use your Card to purchase air ine tickets or rent an automobile. GLOBAL TRAVELER'S HOTLINE .Page 25 The terms and conditions of this free travel ssistance benefit. -25- ©2007 Discover Bank, Member FDIC MORAGR 0407TL18 MORAGR.0407TL18 Front 3/9/07 9:28 AM Page I (1,1) CARDMEMBER AGREEMENT Merchant Disputes 9 reside or where you are physically located when you use the Account to ' Please read thb Agreement wrefugy before using your Discover' Card Claim Notices ..............................................10 initiate the transaction ("Prohibited Transactions"). Aaount R contains the terms and corrditiorrs of your Account some of Arbitration of Disputes .....................................10 Purchases and Cash Advances in Foreign Currencks. We convert purchases Right to Reject Arbitration 1 t and cash advances made in a forei n current to U.S. dollars. We use the which may have charged from earBer materiak provided to you. In the 9 Y event of any differences, this Agreement shall control. We respect your LEGAL INTERPRETATION OF THIS AGREEMENT 12 conversion rate used by Discover Network to process the transaction in p ' acy. See tM Prrv section on Severabil'rry accordance with Discover Network's rocedures. Current) , Discover nv ary page 9 and our Privacy Policy for Com liance with Interest Rate Limitations 12 p additional infomratan. The Arbitration of Disputes ssection on page 10 p . Network uses agovernment-mandated rate, agovernment-published rate includes a waiver of a number of rights, irxludmg the right to a jury trial. Governing Law 12 or the interbank exchange rate, depending on the country and currency. The R' tto Re' Arbitration section on p ASSIGNMENT OF ACCOUNT 12 Re ardless of source, the rate used will be the rate in effect on the date qh )ect page 11 describes the rocedure CHANGES TO THIS AGREEMENT 12 Dis9over Network processes the transaction or the prior business day, you must follow ff you desire to reject the Arbitration of Disputes section. DEFINITIONS , , , , , , , , , , , , , , , , , , , , , 2 DEFINI110N5 depending on the time received. Transactions in China are converted at a USING YOUR ACCOUNT 2 "Aaount means your Discover Card Account. rate in effect on the date of the transaction. Your Acceptance of this Agreement 2 "Autl+oryzed User" means any person whom you authorize to use your Balance Transfers. We may per'rodically offer you the opportunity to make Permitted Uses of Your Account 2 Account or a Card, whether you notify us or not. balance transfers from other creditors or to make other transactions to your Prohibited Uses of Your Account 2 "Card" means any one or more Discover Cards issued to you or someone Account by means of balance transfer coupons or checks. Each offer will Purchases and Cash Advances in Foreign Currencies 3 else with your authorization. contain an initial special rate, whkh will be the Annual Percentage Rate Balance Transfers 3 "Pricing Schedule" means the document accompanying your Card and that will apply to transferred balances for the time period specified in the Credit Authorizations 3 listing the Finance Charge rates that apply to your Account. The Pricing offer, subject to the Default Rates section and may contain a Balance Authorized Users 3 Schedule is part of this Agreement. Transfer Transaction Fee Finance Charge for each balance transfer made Unauthorized Use 3 "We," "us" and "our" refer to Discover Bank, the issuer of your Discover during the term of the offer, as disclosed in the offer and asset forth in the Your Credit Lines 4 Card. Pricing Schedule, if applicable. After the expiration of this time period, the MAKING PAYMENTS 4 "You," "your" or "yours" referto, in addition to you, the Cardmember, any Annual Percentage Rate that applies for purchases will apply to transferred Promise to Pay 4 other person or persons who are also contractually liable under this balances. Balance transfers subject to the initial special rate are referred to Monthly Billing Statement 4 Agreement as special rate balance transfers; balance transfers for which the initial Monthhr Payment Options 4 USING YOUR ACCOUNT speaal rate has expired are referred to as purchase rate balance transfers. How a Apply Payments . . . . 4 Each offer will contain an expiration date. If you attempt to transfer Minimum Monthly Payment........... S Your Acceptance of this Agreement The use of your Account or a Card by balances by means of a check after the expiration date, we will treat the you or an Authorized User, or your failure to cancel your Account within Skip-a-Pa merit Offers 5 transaction as a cash advance. We will not make balance transfers 30 days after receiving a Card, means you accept this Agreement, including Credtt Ba antes 5 attempted by means of a coupon after the expiration date. FINANCE CHARGES the Arbitration of Disputes section on pa a 10. You may, however, reject Credit Authorizations. Certain transactions will re uire our authorization S the Arbitration of Disputes section as explained on page 11. q How We Calculate Per'iodk Finance Charges 5 prior to completion. In some cases, you may be asked to provide 6 How We Calculate Your Balances permitted Uses of Your Aaount Your Account may be used for: identification. We have the right not to authorize a transaction for security The Two-Cycle Average Daily Balance Method 6 or other reasons. Also, if our authorization stem is not workin Variable or Fixed Interest Rates 6 Purchases - to purchase or lease goods or services from participating ry, g, we may Defauk Rates 6 merchants by presenting your Card or Account number or by using not be able to authorize a transaction. We will not be liable to you if any Cash Advance Transaction Fee Finance Charges 7 promotional checks, which we may furnish to you, in accordance with of these events happen. Balance Transfer Transaction Fee Finance Charges 7 such additional terms and conditions as we may offer from time to time. Authorized Users. If you want to cancel the authority of a current Minimum Finance Char 7 • Cash Advances - to obtain cash advances from artici atin automated Authorized User to use your Account or a Card, you must notify us and p p g destroy any Card in that person's possession. You can notify us by FEES 7 teller machines, financial institutions or otherlaations,the purchase of telephoning 1-800•DISCOVER (1-800-347-2683), or by writing DISCOVER Late Fee 7 lottery tickets, racetrack wagers, vouchers redeemable for cash or for CARD, PO Box 30943, Salt Lake Ci Utah84130-0943. None of our ri htr Overlimit Fee ...............................................7 casino chips, money orders, traveler's checks, savings bonds, foreign ~ Y ~ Returned Payment Fee 8 currency, and wire transfers, or by means of checks which we may furnish under this Agreement (other than to pay amounts owed) may be exercised Returned Discover Card Check fee 8 to you, all in accordance with such additional terms and conditions as we by any person not a party to this Agreement ailing pursuant to a power Pay-By-Phone Fee 8 may offer from time to time. of attorney, without our separate written agreement (which we are not Research Fee obligated to give). DEFAULT AND CANCELLATION 8 • Balance Transfers -to transfer balances from other creditors or to make Unauthorized Use. Prior to its use, each Card must be signed by the person other transactions by means of balance transfer coupons or checks, in Types of Default 8 accordance with suchh additional terms and conditions as we may offer to whom it is issued. If a Card is lost or stolen, or if you think that someone Consequences of Default 8 is usin your Account or a Card without your permission, notify us Cancellation from time to time. ~ .......................8 immediately. You can notify us by telephoning 1-800-DISCOVER (1-800- " " " " " " In additon, our Account ma be used to uarantee reservations at artic- PRIVACY AND OUR COMMUNICATIONS WITH YOU 9 Y y. ~ P 347-2683), or by writing DISCOVER CARD, PO Box 30943, Salt Lake City, Our Priva Pol' ipating establishments. You will be liable or guaranteed reservations that Utah 84130-0943. You ry rcy ..............................9 agree to assist usin determining the factr relating Reporting to Credit Reporting Agencies 9 are not cancelled pr'ror to the time specified by the establishment. Your to any theft or possible unauthorized use of your Account or a Card and Our Communications with You 9 Account may be used for personal, family, household and charitable to comply with such procedures as we may require in connection with our Releasing Information About Your Account 9 purposes. investigation. If you have enrolled in an automatic billing arrangement, Electronrc Notces to You 9 Prohibited Uses of Your Aaount Your Account may not be used to obtain such as a monthly gym membership, and wish to continue the automatic Change of Address or Telephone Number 9 loans to purchase, carry or trade in securities, to pay any amount you owe billing arrangement you must provide the merchant with your new CLAIMS AND DISPUTES 9 under this Agreement or for any transactions that are unlawful where you Account number. -2- -3- MORAGR.0407TL18 Front 3/9/07 9:28 AM Paqe 1 (2,1) Your Credk Lines. We will adv'se you of your Account credit line. We may Rate will expire before the higher Annual Percentage Rate. How We Cakulate Your Balances. We compute the Average Daily Balance ' impose a awer line that will apply to cash advances, referred to as the cash Minimum Monthly Payment. The Minimum Payment Due each month will for each transaction category by adding up all the daily balances in a billing advance credft line. We may also impose a kwver line that will apply to be the greater of: period for a transaction category and dividing the total by the number of balance transfers, referred to as the balance transfer credit line. You agree • the New Balance if it is less than 515; days in the billing cycle. We compute the daily balance for each transaction not to allow your unpaid balance, including Finance Charges and fees, to • f15 ff the New Balance is S15 or more; or category on each day by first adding the following to the previous day's exceed your Account credR line. If you exceed your Account credit line, we • any past due amount plus the greater of: daily balance: transactions made that day, fees charged that day and may request immediate payment of the amount by whkh you exceed your • 2Y• of the New Balance (excluding current Periodic Finance Charges, Periodic Finance Charges accrued on the previous day's daily balance; and Account credit line. late and Overlimit Fees) rounded up to the nearest dollar or by then subtracting any credits and payments that are applied against the We may increase or decrease your Account credit line, your cash advance • current Periodic finance Charges plus Late and Overlimit Fees plus balance of the transaction category on that day. In calculating the daily credit Ime or your balance Vansfer credit line without notice. The credit S15 (not to exceed 3°h of the New Balance) rounded up to the balance for the previous billing period, we consider the "previous day's available for your use may, from time to time, be less than your Account nearest dollar. daily balance" to have been zero on the first day of the billing period. If a credit line. For purposes of determining your available credit, we reserve We may ako include some or all the amount by which you exceed your transaction is posted to your Account after the close of the billing period in the right to postpone for up to 15 business days reducing your unpaid Account credit line. We may subtract certain fees to calculate the Mini- whkh it occurs, we will treat the transaction as having occurred on the first balances by the amount of any payment that we receive. Your available mum Payment Due. The Minimum Payment Due will never exceed the day of the billing period in which it is posted to your Account. credit will not be increased by the amount of any credit balance. New Balance. Paying the Minimum Payment Due may be insufficient to All fees charged to your Account are added to the standard purchase MAKING PAYMENTS bring your Account balance below your Account credit line and, transaction category with the exception of Cash Advance Transaction Fee Promise to Pay. You agree to pay us in U.S. dollars for all purchazes, cash consequently, may not avoid the imposition of an additional Overlimit Fee Finance Charges which are added to the applkable cash advance trans- advances and balance Vansfers including applicable Finance Charges and described in the CNerlimit Fee section. action category and Balance Transfer Transaction Fee Finance Charges other charges or fees, intuited by you or anyone you authorize or permit Skip-a•Payment Offers. We may from time to time allow you to not make which are added to the applicable balance transfer transaction category. to use your Account or a Card, even 'rf you do not notify us that others are a minimum monthly payment and will notify you when this option is When the special rate expires, we move the unpaid balance of the balance using your Account or a Card. H you pay us in other than U.S. dollars, we available. If you take advantage of this offer and do not make a minimum transfer and the Balance Transfer Transaction Fee Finance Charges to the may refuse to aaept the payment or charge your Account our cost to monthly payment, finance charges and any applicable fees will accrue on standard purchase transaction category. However, if the special rate has convert your payment to U.S. dollars. All checks must be drawn on funds your Account in accordance with thk Agreement and you must pay the been terminated under the Defauh Rates section, we leave the unpaid on deposit in the U.S. You may not use a cash advance check, balance Minimum Payment Due for the following billing periods. balance of the balance transfer and the Balance Transfer Transaction Fee transfer check or coupon, or any other promotonal check drawn on any Credh Balances. We will refund any credit balance wthin seven business Finance Charges in the applicable balance transfer transaction category Discover Bank credk card account to make payments on your Account. days from receipt of your written request. If you do not re uest a refund, until the special rate would have expired. If your Account a a joint Account, each of you agrees to be liable we will automatically refund credit balances greater than ~1 that remain The Two-cycle Average Daily Balance Method. We use the two-cycle individually and jointly for the entire amount owed on your Account. We in your Account after 6 months. average daily balance (including new transactions) method of calculating can aaept late payments or partial payments or checks and moneyorders FINANCE CHARGES the balance upon which we impose Periodic Finance Charges. This means marked "paym~t in fu6' or w' an other restrictive endorsement if you did not pay the New Balance shown on the billing statement you How We Cakulate Periodic Finance Charges. Periodic Finance Charges are without bsing any of our rights under is Agreement. imposed on all transactions from the date the transaction is posted to your received during the previous billing period by the Payment Due Date Account until the date you pay your entire New Balance, by making shown on that statement, we will impose Periodic Finance Charges on new Monthly Billing Statement. We will send you a billing statement after each purchases that first appeared on that billing statement, as well as new monthly bill'mg period in which you have a debit or credit balance, unless Payments or receiving credits. However, if you paid the New Balance on purchases that first appear on the current billing statement, unless we your previous billing statement by the Payment Due Date shown on that we waive our right to do so az permitted bylaw. The billing statement will already im osed Periodic Finance Charges on the purchases on your statement and you pay the New Balance by the Payment Due Date on your show all purchases, rash advances, balance transfers, Finance Charges and current billing statement, we will not impose Periodic Finance Charges on previous bi ling statement. other char or fees and all payments or other credits posted to your new purchases, that is, purchases first appearing on the current statement. Variable or Fixed Interest Rates. The Daily Periodic Rate and corresponding Account dursmg the bill'mg period. k will show your New Balance, We call this the "grace per'wd." There is no grace period on balance Annual Percentage Rate that apply to each transaction category are either Minimum Payment Due and Payment Due Date. Vansfers or cash advances. fixed rates or variable rates as set forth in your Pricing Schedule or in any Monthly Payment Options. You may at any time pay the entire New We sort your transactions into groups of purchases, cash advances and special offers you receive from us. The Daily Periodic Rate is 11365th of the Balance shown on your billing statement, but each month you must pay at corresponding Annual Percentage Rate. Variable Annual Percentage Rates least the Minimum Payment Due. All payments must be made m balance transfers and then further sort the transactions within each group are determined by adding a specified number of percentage points to the by their Annual Percentage Rate. For example, purchases subject to a accordance with the terms, including the payment cutoff time, stated on Prime Rate. This is shown on the Pricing Schedule as "Prime + (percentage ur month billin statemen and we will credit our Account inaccord- promotional rate and purchases subject to a standard rate would be Yo IY 9 Y points)." For purposes of this Agreement, the Prime Rate is the hi hest rate separate groups. We refer to these groups as transaction categories. At the ante with those terms. In addition, we reserve the right to change those end of each billin of interest listed as the "prime rate" in the Money Rates section o The Wall terms without prior notke as permitted by law. g period, we compute balances and Periodic Finance Street Journal on the last business day of the month. The Prime Rate is Charges for each day of the billing period for each transaction category. How We Apply Payments. We will apply payments and credits to the New We use the following equation to compute Periodic Finance Charges for merely a pricing index and does not represent the lowest or best interest Balance shown on your current billing statement in order of the Annual gory. rate available to a borrower at any bank at any given time. If you have a each transaction cafe Percentage Rate appliwbk to the balance of each transaction category (as variable rate, your Annual Percentage Rate will increase or decrease when referenced in the Finance Charges sedan), generally from lowest to Average Daily Balance x days in billing period x Daily Periodic Rate. the Prime Rate changes. This change will be effective beginning with the highest beginning with the balance subject to the lowest Annual Per- (You may refer to the finance charge summarryy on your billing statement first day of the billing period that begins during the same month as the tentage Rate. We then apply payments and credits to any new Vansadans for these amounts.) Then we add up the Periodk Finance Charges for each change in the Prime Rate. An increase in the Annual Percentage Rate may using the same method. However, we have the right to apply payments and transaction category to get the total Periodic Finance Charges for your increase your Minimum Payment Due. credits to balances with higher Annual Percentage Rates prior to balances Account. The Average Daly Balance is shown as zero if, because of the Defauh Rates. Each time you do not make a required payment on time, we with lower Annual Percentage Rates, such az when there are two initial grace period, no Periodx: Finance Charges apply to the balance in a trans- will increase the standard ANNUAL PERCENTAGE RATES for purchases and special rates applicable to your Account and the lower Annual Percentage action category. cash advances to fixed rates, up to a maximum of 28.99% (the "Default -4- -5- -6- MORAGR.0407TL16 Front 3/9/07 9:28 AM Page 1 (3,1) Rates"). Any special rates on purchazes or balance transfers will end and your Account credh line. This fee may be charged even if the transaction Account at any time without notice. We may choose not to renew your ' the Default Rate for purchases will apply. We will base your Default Rates which causes you to exceed your Account credit line is authorized by us or Account (beyond the expiration date shown on the face of a Card) without on factors such as: if you exceed your Account credit line due to the posting of Finance notice. You must return any Card or unused checks to us upon request. • your current purchase APR Charges or fees to your Account. The amount of the Overlimit Fee is based PRIVACY AND OUR COMMUNICATIONS WITH YOU • your payment history with us on the sum of all outstanding purchases, cash advances, balance transfers, Our Privac Polic We ma from time to time review our credit, • your payment history with other lenders other charges, other fees and Finance Charges at the end of the billing em to ment and ncome records. We res ect the rivac of information Any increased rate and change in type will apply beginning with the first period. ff the sum is equal to or less than 5500 and you exceed your credit about you and your Account. Our Privacy Policy includes a summary of the day of the billing period in kh we did not receive at least the Minimum line, the Overlimit Fee is 315. If the sum is greater than 5500 and you personal information we collect, when it may be shared with others, how Payment Due by the Payment Due Date. If your standard Annual Percent- exceed your credit line, the Overlimit Fee is 539. we safeguard the confidentiality and security of information and the steps age Rate for purchases was increased under this or any previous version of Retumed Payment fee. We will charge you a Returned Payment Fee of 535 you may take to limit our sharing of such information with others. Please the Default Rates section and, for any nine consecutive billing periods you each time you pay us with a check or other instrument that is returned read it carefully as it is part of your Cardmember Agreement. pay at least the Minimum Payment Due, if any, by the Payment Due Date, unpaid. This fee will also apply if a debit transaction to a deposit account then your Annual Percentage Rate for your new purchases will be reduced from whkh you have authorized us in writing, electronically or orally to Reporting to Credit Reporting Agencies. As indicated in our Privacy Policy, and your Annual Percentage Rate for your existing purchase balance may periodically deduct all or a part of an amount you owe us under this we may report to credtt reporting agencies and other creditors the status be reduced. Arty reduced Annual Percentage Rates will apply beginning Agreement is returned unpaid. We will charge you this fee the first time and payment history of your Account, including negative credit with the first day of your tenth b~lirg per'rod. information. Late payments, missed payments or other defaults on your any payment is returned unpaid, even if it is paid upon resubmission. Account ma be reflected in our credit re ort. We normal) re ort to such Cash Advance Traraaetion Fee Finarue Charges. Unless otherwise specified Retumed Discover Cart) Check Fee. We will char a ou a Returned y y p y p in a cash advance offer, we will charge you a Cash Advance Transaction Fee g ~ credit reporting agencies each month. If you believe that our report of Discover Card Check Fee of S35 each time we decline to onor a Discover our Account status is inaccurate or incom lete, lease write us at the Finance Charge of 3% of the amount of each new cash advance with a y p p minimum Cash Advance Transactan Fee FINANCE CHARGE of 55 and no Card cash advance check, balance transfer check, promotional purchase following address: Discover Card, PO Box 15316, Wilmington DE 19850- check, or other promotional check. 5316. Please include our name, address, home tele hone number and maximum. The impositon of Cash Advance Transaction Fee Finance y p Charges may result in an Annual Percentage Rate for cash advances that a Pay-By-Phone Fee. We may from time to time allow you to make payments Account number. hr'gher than the nominal Annual Percentage Rate. All forms of cash by authorizing us over the telephone to transfer or pay funds from a Our Communications with You. Our personnel may listen to or record advances, including the use of Discover Card checks, regardless of the deposit account to your Account. We will charge aPay-by-Phone Fee of telephone calls between you and our representatives without notice to purpose for which used, are subject to Cash Advance Transaction Fee S10 for each such transfer or payment. yyou as permitted by law. We may use any medium, including but not Finance Charges. To obtain the total finance Charge on cash advances for Research Fee. We may charge you a Research Fee of 55 for each copyy of a Ilmited to mail, live telephone calls, automated telephone equipment, each billing period, we add any Cash Advance Transaction Fee Finance billing statement or sales slip that you request. However, we wtll not prerecorded telephone calls, a-mail and may make calls to your cell phone Charges for tghe billing perod charged under this section t9 any Periodic charge a fee if you request copies in connection with a billing error. to contact you about your Account or offer you products or services that Finance Char es caku ted under the Periodk Finance Char es section for DEFAULT AND CANCELLATION may be of value to you. If you prefer not to a contacted in one or more each cash advance transaction category and add up these amounts. of these ways, call us at 1.800-DISCOVER (1-800-347-2683) or write to us at Types of Defauh. You are in default if you become insolvent; if you file a Discover Card, PO Box 15354, Wilmin ton, DE 19850. Balance Transfer Transaction Fee Finance Charges. ff the balance transfer bankruptcy petition or have one filed against you; if we have a reasonable g offer you receive contains a Balance Transfer Transaction Fee Finance belief that you are unable or unwilling to repay your obl'~gations to us; if Releasing Information About Your Account We provide various methods Charge, we will charge you a Balance Transfer Transaction Fee Finance you are declared incompetent by a court or if a court appoints a guardian by which you can obtain information about your Account. We will only Charge for the amount of each balance transfer made under that offer. If for you or a conservator for your assets; if you die; if you fail to comply release such information to you, any Authorized User that our records there a a Balance Transfer Transaction Fee Finance Charge in conjunction with the terms of tha Agreement, including failing to make a required indicate is an authorized buyer on your Account and any other person with the offer you received when you applied for an Account, it will be in payment when due, exceeding your Account credit line or using your Card with your prior permission, in addition to az provided in our Privacy Policy the amount set forth in the Prking Schedule. The imposition of Balance or Account for a Prohibited Transaction; or if you fail to make a required or as required by law. Our security measures cannot insure against Transfer Traruaction Fee Finance Charges may resuk in an Annual payment when due on any other account you have with us. unauthorized inquiries. You agree that we will not be responsible for the Percentage Rate for balarxe transfers that is hgher than the nominal release of information to anyone who, even if without your authorization Annual Percentage Rate. To obtain the total Finance Char a on balarxe Consequences of Defauk If you are in default, we may declare the entire or permission, has gained possession of a Card or has learned other balance of your Account immediately due and payable without notice. If transfers for each billing period, we add any Balance Trans er Transaction identifying characteristia about you such as your personal identification we refer the collection of your Account to an attorney or employ an Fee Finance Charges calculated under the Periodk Finance Charges section number, Account number or social security number. for each balance transfer transaction ca p attorney to represent us with regard to recovery of money that you owe tegory and add u these amounts. us, we may charge you reasonable attorneys' fees and court or other Electronic Notkes to You. We may offer you the opportunity to receive Min'rrwm Finance Charge We will charge you a minimum FINANCE collection costs az permitted by law and as actually incurred by us, certain notices from us electronically rather than through the mail, CHARGE of 5.50 for any billing period in whkh some FINANCE CHARGE of including fees and costs in connection with any appeal. We may delay including monthly billing statements and change of terms notices. The less than 5.50 would otherwise be imposed. enforcing or not enforce any of our rights under this Agreement wthout terms and conditions for receiving these electronK communications will be FEES losing or waiving any of them. described in the offer. Late fee. We will charge you a Late Fee if you have failed, as of the Cancellatan. You may cancel your Account by notifying us in writing or by Change of Address or Telephone Number. If you change your address or Payment Due Date, to make the Minimum Payment Due that was required telephone and returning or destroying every Card and unused check that telephone number you must notify us of your new address or telephone to be paid for that billing period. The amount of the Late Fee is based on we have provided you. You can notify us by telephoning 1-800•DISCOVER number within 15 days. You can notify us by telephoning 1-800-DISCOVER the sum of all outstanding purchases, cffih advances, balance transfers, (1-800-347-2683), or by writing DISCOVER CARD, PO Box 30943, Salt Lake (1-800-347-2683) or by writing DISCOVER CARD, PO Box 30943, Salt Lake other charges, other fees aril Finance Charges at the end of that billing City, Utah 84130-0943.Of course, you will still be responsible to pay any City, Utah 84130-0943. period. If the sum is equal to or less than 1500, the Late Fee is S15 and 'rf amount you owe us according to the terms of this Agreement. If your CLAIMS AND DISPUTES the sum ~ greater than 5500, the Late Fee is 539. Account is a joint Account, either Cardmember may cancel the Account, Merchant Deputes. We are not responsible for the refusal of anyone to OverRmk Fee. We will charge you an Overlimit Fee each time that, as of but you will both remain responsible to pay any amount owed to us acceptor honor a Card or to accept checks that we have provided you. If a the close of a billing per' your outstanding Account balance exceeds according to the terms of this Agreement. We may cancel or suspend your merchant fails to provide your purchase to your satisfaction and you MORAGR.0407TL18 Front 3/9/07 9:28 AM Paqe 1 (4,1) ~ ~ request a credit to your Account, we will investigate the dispute. If we Box 50191, Minneapolis, MN 55405 (phone 1-800-4742371). No other other correspondence. Calling us to indicate that you reject the Arbitration i~ resolve the disfwte in your favor, we will issue a credit to your Account and arbitration forum will be permitted, except as agreed to pursuant to either of Disputes section or sending a rejection notice in a manner or format that you will be deemed to have assigned to us your claim against the merchant the Changes to this Agreement section or a writing signed by both parties. does not comply with all applicable requirements is insufficient notice. In andlor arty third party for the credked amount. Upon our request, you Unless consented to by all parties, no arbitration may be administered by order to praess your notice, we require that the notice be provided by you agree to provide us wdh written evidence of such assignment. any administrator that has any formal or informal policy, rule or procedure directly and not through a third party. Rejection of arbitration will not Clean Notices. In the event that you or we have a claim that arises from or that is inconsistent with or purports to override the terms of this section. affect your other rights or responsibilities under this Agreement or your relates to your Account, any pr'ror account you had with us, your appy- Fees and Costs. At your written request, we will advance any arbitration obligation to arbitrate disputes under any other account as to which you cation, the relatiauhifx whkh resuk from your Account or the enforce- filing, adminstrative and hearing fees which you would be required to pay and we have agreed to arbitrate disputes. If you do not send a rejection ability of the Agreement or any prior agreement, before initiating, dfooming to pursue a claim or dispute az a resuh of our electing to arbtrate that notice, you will be obligated by the Arbitration of Disputes section with or PartK~pating m any jtdicial or arbitration proceeding, az ether an claim or dispute. Send requests to PO Box 15192, Wilmington, DE 19886- respect to this and any prior account you have had with us, even if you have individual I'rtigant or member of a class ("Praeeding"), the complaining 1020. The arbitrator will decide who will ultimately be responsible for previously sent a rejection notice with respell to that prior account. party shall give the other party: (1) a written notce of the claim ("Claim paying those fees. You will only be responsible for paying or reimbursing LEGAL INTERPRETATION OF THIS AGREEMENT NotKe"), at least 15 days before initiating any Proceeding, explaining in our arbitration filing, administrative or hearing fees to the extent you Severability. If any part of this Agreement becomes unenforceable, it will reasonable detail the nature of the Claim and any supporting facts; and (2) would have been responsible for paying "attorneys' fees and court or not make any other part unenforceable, except that if the Class Action a reasonable good faith opportunity to resolve the claim wthout the other collection costs" had the action proceeded in court. In no event will Waiver set forth above in the Arbkration of Disputes section is invalidated necessity of a Proceeding. The includes any claims involving our parent you be required to pay any fees or costs incurred by us in connection with in any proceeding in which you and we are involved, then the Arbitration corporation, subsidiaries, affiliates (including, without limitation, Dscover an arbtraton proceeding where such a payment or reimbursement is of Disputes section will be void with respect to that proceeding. Financial Services LLC?, predecesson, successors, assgns, as well az the prohibited by applcable law. Compliance with Interest Rate Limitations. We intend that this Agreement officers, directors and employees of each of these entities. Any Claim Hearings and Decisions. Any arbitration hearing will take place in the will comply with applicable interest rate limtations. You will not be NotKe shall be sent to us at PO Box 3024, New Albany, Ohio 43054 (or such federal udicial district where you reside. The arbitrator shall follow required to pay Finance Charges or other charges at a rate that is greater other address az we shall subsequently provide to you) (the "Claim Notice appl'Kab~e substantive law to the extent consistent with the FAA and than the maximum amount permitted by law. If it is ever finally deter- Address") or toyou atyour address appearing in our records or, k you are applicable statutes of limitations and shall honor claims of privilege mined that, but for this section, the Finance Charges or other charges represented by counsel, to your attorney at your attorney's office. recognized at law and shall be authorized to award all remedies permitted under this Agreement would exceed the maximum lawful amount, the Arbkration of Disputes. Agreement to arbitrate. In the event of any past, by the substantive laws that would apply if the action were pending in Finance Charges and other charges will be reduced to the maximum lawful present or future claim or depute (whether based upon contract, tort, court. If requested by any party, the arbtrator shall write an opinion amount. Any excess amount that you have already paid will be used to statute, common law or equity) between you and us arising from or containing the reasons for the award. The arbitrator's decision will be final reduce the outstanding balance of your Account or will be refunded to relating to your Account, any pnor account you have had with us, your and binding except for any appeal rights under the FAA and except that if you by means of a check in our discretion. applicatan, the relationships whkh result from your Account or the the amount m controversy exceeds 5100,000, any party may appeal the Governing Law. This Agreement and any claim or dispute arising out of enforteabil'ity or scope of the arbitration provision, of the Agreement or award within 30 days to athree-arbitrator panel, which shall review the this Agreement will be governed by applicable federal law and, to the of any pprior agreement, you or we may elect to resolve the claim or award de novo. Unless applicable law provides otherwise, the appealing extent state law applies, Delaware law. depute by binding arbitraton. IF EITHER YOU OR WE ELECT ARBITRATION, party will pay the cost of the appeal, regardless of itr outcome. However, ASSIGNMENT OF ACCOUNT NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM we will consider in good tech any reasonable request for us to bear the IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE-HEARING fees charged by the arbitration administrator and the arbitrators in We may sell, assign or transfer your Account or any portion thereof with- DISCOVERYRIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED. connection with the appeal. Judgment upon any award by the arbitrator out notice to you. You may not sell, assign or transfer your Account with- NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE may be enforced in any Court having jurisdiction. out first obtaining our prior written consent. CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WITH Other Beneficiaries of this Provision. Our rightr and obligations under this CHANGES TO THIS AGREEMENT RESPECT TO OTHER ACCOUNTS, OR LRIGATE IN COURT OR ARBITRATE arbitration provision shall inure to the benefit of and be binding upon our We may change any term or part of this Agreement, including, but not ANY CLAIMS AS A REPRESENTATNE OR MEMBER OF A CLASS OR IN A parent corporations, subsidiaries, affiliates (including, without limitation, limited to, any finance charge rate, fee or method of coinPuting any PRNATE ATTORNEY GENERAL CAPACITY ("Class Action Waiver"). Discover Financial Services LLC), predecessors, successors, assigns, as well as ~ balance upon which the finance charge rate is assessed or add any new Notwkhstarxfingonything else to the contrary in this arbtration provaion, the officers, directors and employees of each of these entities, and will also term or part to this Agreement If required by law we will send you a only a court, and not an arbtrator, shall determine the validity and effect inure to the benefit of any third party named as a co-defendant with us or written or electronically delivered notice at least 15 days before the of the Class Action Waiver. Even 'rf all parties have opted to Iti~ate a claim with any of the foregoing in a claim which is subject to this arbitration change a to became effective. We may apply any such change to the in court, you or we may elect arbtrafxm with respell to any claim made by provision. Your rights and obligations under this arbitration provision shall outstanding balance of your Account on the effffective date of the change a new party or any new claims later asserted in that lawsuit and nothing inure to the benefit of and be binding upon all persons contractually liable and to new charges made after that date. undertaken therein shall constitute a waiver of anyy rights under this under this Agreement and all Authorized Users of the Account. You may be offered the opportunity to reject some of the changes, and if arbitration provaion. We will not awoke our rkdht to arbtrate an indivxlual Survival of this Provision. This arbitration provision shall survive terming- you do, you must notify us in writing or electronically within 15 days after claim you bring in small claims court or your state's equivalent court, if any, lion of your Account az well az voluntary payment in full by you, any legal the mailing of the notice of change at the address provided in the notice unless such action is transferred, removed or appealed to a different court. proceedings by us to tolled a debt owed by you, any bankruptcy y you of change, in which case your Account will be cased and you must pay us Governirr~g !aw and Rules. Your Account involves interstate commerce and and any sale by us of your Account. the balance that you owe us under the existing terms of the unchanged the provaon shall be governed by the Federal Arbitration Ad (FAA). The Right to Reject Arbkration. You may reject the Arbitration of Disputes Agreement Otherwise, you will have agreed to the changes in the notice. arbkration shall be conducted, at the option of whoever files the arbi- section by providarg us a notice of refection within 30 days after receiving Use of your Auount after the effective date of the change will be deemed tratan claim, by either the American Arbitration Association (AAA) or the a Card, at the f~~y address: Discover Card, PO Box 3093& Sah Lake acceptance of the new terms as of such effective date, even if you pre- Natronal Arbitration Forum (NAF) in accordance with their praedures in Cty, lJi 84130-0938. If you were previously subject to arbitration with viously notified us that you did not agree to the change. effect when the claim a filed. For a copy of their procedures, to file a claim respell to any account with us, the right to reject arbitration will not apply We may also change any term of any prodrxt, service or benefk offered or for other informatron, contact AAA at 335 Madison Ave., Floor 10, New to you. Your rejection notice must include your name, address, telephone in connection with your Account We will notify you as required by law or York, NY 10017-5905, www.adr.ora (phone 1-800-778-7879) or NAF at PO number, Account number and signature and must not be sent with any by the terms of the product, service or benefit. -10- -1t- -12- MORAGR.0407TL16 Back 3/9/07 9:51 AM Page 1 (1,1) PRIVACY POLICY we collect about yau, as described in Section 1, with other companies in application, such as your income and from consumer reporting agencies, ' We Respect Your Privacy order to provide you with access to products and services and to service such as your credit history. If you indicate a preference for either of these your Account effectively, as detailed below. We require these compantes options, please understand that you may not receive offers for products Our masion is to prov'xk you with superior products and services, along to adhere to our privacy standards and to use this information only for the and services provided by other companies that could help you lower your with the peace of mind knowing that the security of your personal infor- limited purpose for whkh it was shared. We do not allow them to disclose costs, maximize your financial resources or manage your finances. mation is our top pr'rority. We understand your concerns about guarding it to others without our prior approval. To indicate our references, lease wll us at 1.800-225-5202 or write to information about you and your Account. We want to assure you that we y P p a. Sharing Personal Information with Our Corporate Family us at Discover Card, PO Box 30961, Salt Lake C' UT 84130-0961. If ou have taken steps, and will continue to take steps, to safeguard that nf% y information. We are part of the Morgan Stanley family of companies. Our corporate have previousty notified us about your privacy preferences, it is not This Priv Pol' describes our efforts to meet these ob' dives. It includes family offers a wide variety of products and services that can help you necessary to do so again unless you decide to change your preferences. a summ~of the followi ~ manage your finances. In order to provide you with access to these Your wntten request should include your name, address, telephone ry ng important information: products and services, we may share the information we collect about you, number and Account number(s) and should not be sent with any other • A listing of the personal information we tolled; as described in Section 1, with other members of our corporate family. correspondence. In order to process your request, we require that the • The circumstances in whkh we may share information with others; These companies include financial service providers that offer mortgage request be provided by you directly and not through a third party. You will • The ways we safeguard the confidentiality and security of information; lending services, securities and asset management services, investment need to provide us with your preferences for each credit card account you and opportunities and mutual funds, and may include non-financial service have with us. • The steps you may take to limit our sharing of such information with providers in the future as our corporate family continues to grow. You may notify us about your preferences at any time. Your request will others. See Section 4 on page 14 for complete details. b. Sharing Personal Information with Non-Affiliated Parties for Marketing remain in effect until you notify us otherwise. We will honor your request Please read our Privacy Pol'Ky carefully. ft will help you understand how we Purposes and not share this information except as permitted by law. For example, tolled and share information. We may share the information we tolled about you, as described in federal law permits us to share information about you with consumer 1. What Personal Informatan Do We Colkd? Section 1, with non-affiliated third parties, including those that accept the reporting agencies, service providers and financial institutions with which Discover Card, in order to provide you with access to products and services we have Joint marketing agreements. It also permits us to share infor- To serve you better and manage our business, it is important that we offered diredhr by these comparnes that may be of value to you. These mation about our experiences and transactions with you, such as your tolled and maintain accurate personal informaton about you. We obtain companies include financial service providers, such as insurance tom- Account balance and payment history with us, with other members of our thh information from applications and other forms you submit to us, from panies, and non-financial companies, such as retailers. corporate family. If you are a new Cardmember, we will not share any your dealings with us and others, from consumer reporting agencies and c. Sharing Personal Information with Others information about you, except as permitted bylaw, for thirty days after we from other sources, such as our Web sites. For example: We may share the information we tolled about you, as described in provide this Policy to you in order to give you an opportunity to inform us • We may obtain information such as your name, address and date of birth Section 1, with companies that perform support or marketing services on about your preferences. If you are an existing Cardmember, please from applications and other forms you submit to us. our behalf, such as mailing, market research and data processing; other understand that you may continue to receive marketing offers directly • We may obtain information such as Account balances, payment history, financial institutions with which we have joint marketing agreements; or from other companies that were already in production prior to the proces- youruse of your Account and the types of services you prefer from your companies that are our partners for cobrand credit card programs or sing of your request. transactions and other dealings with us and others. reward programs. We may also share such information as permitted by This Privacy Polity is provided to the primary Cardmember listed on the • We may obtain information such as the balances of your loans with other law. Account. However, any Joint Cardmember has the right to notify us about lenders and your payment histtory with others from consumer reporting 3. How Do We Protect the Confidentiality, Security and Integrity of preferences and we will treat that request as applying to the entire agencies. Information About You? Account. We do not share information about former customers, except as • We may obtain information such as your Internet servke provider, your We maintain physical, electronic and procedural safeguards to protect the permitted bylaw. This notification supercedes all previously issued Privacy email address, your computer's operating system and Web browser, your informaton we tolled about you. Access to such information is restricted Policies. We reserve the right to amend this Privacy Policy from time to Web site use and your product and servke preferences from your visits to to individuals who need it in order to service your Account or provide time and we will notify you if we do so. Web skes. products and services to you and who are trained in the proper handling This Privacy Policy is provided to you by Discover Bank and its subsidiaries, 2. Is Personal Informatan Shared Wkh Others1 of such information. Employees who violate these confidentiality whkh currently include GTC Insurance Agency, Inc. and Discover Products We limit the sharing of informaton with others. Many of the offers you requirements are subject to our disciplinary process. Where third parties Inc. Unless otherwise specified, it applies to the family of Discover Cards for receive for products and servkes are provided directly to you from us. For provide support servces, we require them to conform to our pnvary consumers and the products and servces offered in connection with those example, a retailer that accepts the Discover' Card may come to us whh a standards. Cards, including the Wallet Protection card registration service (with the special offer for Cardmembers, such as a discount certrfkate or product It is important that the information we maintain about yyou is accurate and exception of any information registered in connection with the service, upgrade. After careful consideratan of the nature of the offer and the complete. If you see information in your monthly bill'mg statements or which will not be shared). It is part of your Cardmember Agreement and company, we will create a list of Cardmembers who may be interested in elsewhere which suggests that our information is incomplete or provides a further explanation of how we tolled and share information. the offer based on certain characteristics. We will send the offer directly to inaccurate, please write to us at Discover Card, PO Box 30943, Salt Lake You may have other nghts under state laws that apply to this information. those Cardmembers on behalf of the retailer by for example, including an City, UT 84130-0943 so that we can update this information. Please note that you will also receive privacy notkes for other credit card insert in their monthly billing statement or mailing the offer ourselves. We 4. How Can You limit Sharing of Information About You? accounts you have with us, as well as other financial products and services control the information used to make the offer, we do not share the Iht We respell your privacy and offer you choices as to whether we may share provided to you by us and our affiliates. You will need to indicate your or any informaton about our Cardmembers with the retailer. However, information about you with others. You have the option to tell us not to preferences for each of these separately as disclosed in the notice. please understand that if you do receive this type of offer from us and share the information we tolled about you, as described in Section 1, with Vermont Residents -Your state law requires financial institutions to choose to take advantage of it, the retailer may then learn information non-affiliated third parties. You aho have the option to tell us not to share obtain your consent prior to sharing information about you with others. about you because onty Cardmembers with certain characteristics received certain information we collect about you, as described in Section 1, with Except as permitted bylaw, we will not share information we tolled about the offer. companies in our corporate family. However, this option is limited to you with non-affiliated third parties or companies in our corporate family There are, however, circumstances in which we may share the information information about your eligibility for credit obtained from your unless you callus at 1.800-DISCOVER and authorize us to do so. -13- -14- -15- MORAGR.0407TL18 Back 3/9/07 9:51 AM Page 1 (2,1) California Residents -Your state law requires financial institutions to 3. Speaal Rule for Credit Card Purchases two times the applicable Benefit Amount for Loss of Life. Benefits will be ' obtain your consent prior to sharing information about you with non- If you have a problem with the quality of goods or services that you proportionately divided among the Insured Persons up to the maximum affiliated third parties. Except as permitted by law, we will not share purchased with a credit card, and you tried in good faith to correct the limit of insurance. information we collect about you whh non-affiliated third parties while problem with the merchant, you may have the right not to pay the DEFINITIONS: you are a resident of California. remaining amount due on the goods or services. There are two limitations on this r'~ght: Accidentor Accidental means a sudden, unforeseen and unexpected event (a) you must have made the purchase in your home state or, if not within happening by chance, and includes unavoidable exposure to elements Your Biilin RI hts arising from a covered Hazard. 9 9 your home state, within 100 miles of your current mailing address; and Accidental Bodily Iniurv(iesl means bodily injury which is Accidental, is the KEEP THIS NOTICE FOR FUTURE USE (b) the purchase price must have been more than 550. direct source of a Loss, is independent of disease, illness or other cause and This notke contains important information about your rights and our These limitations do not apply if we own or operate the merchant or if we occurs while tha policy is in force. responsibilities under the Fair Credit Billing Act. mailed you the advertisement for the goods or services. scount means a Card account. 1. Notify Us in Case of E?rors o? Questions About Your Bill 4. Purchases Made with Checks or Cash Advances Benefk Amount means the Loss amount at the time the entire cost of the If you think your bill a wrong or 'd you need more information about a The Special Rule for Credit Card Purchases does not apply to purchases passenger fare is charged to an Account. made with a balance transfer check, cash advance or romotional ur- C~.[d means the Discover More Card, Discover Open Road Card or Discover transaction on your bill, write us on a separate sheet of paper at the p p Titanium Card, as a licable. ~ address listed on our bill for Notice of Billi Errors. Write to us as soon chase check. Therefore, if you have a problem with the quality of goods or pP y ~ servces that ou urchased with a balance transfer check, romotional Cardmember means the holder of the Card whose name appears on the as possible. We must hear ftom you no later than (i0 days after we sent you y p p credit card. the first bill on which the error or problem appeared. You can telephone purchase check, cash advance check or the proceeds of a cash advance, you means the Federal Insurance Com an us, but doing so will not preserve your r'~ghts. do not have the right to withhold payment of the amount due. Com°anv p X Covered Trig means travel on a Scheduled Aircraft when the entire cost of In your letter, give us the following information: the passenger fare for such transportation, less redeemable certificates, • your name and Account number. DESCRIPTION OF COVERAGE vouchers or coupons, has been charged to the Insured Person's Account. • your dollar amount of the suspected error. SCHEDULED AIR TRAVEL ACCIDENT INSURANCE. Discover' More' Card- d i I r I ' ~ means those children, including adopted • describe the ercor and explain, 'rf you can, why you believe there is an members and Discover' Open Road°"' Cardmembers are provided with chi dren and those children placed for adoptwn, who are primanty error. H ou need more information, describe the item ou are not sure 5500,000 kheduled Air Travel Accident Insurance and Discover' Titanium dependent upon the Insured Person for maintenance and support and about. y y Cardmembers are provided wkh 5150,000 Scheduled Air Travel Accident who are: (1) under the age of 19 and reside with the Insured Person; (2) Insurance.' You, your Spouse, Domestic Partner or eligible Dependent beyond the age of 19, permanently mentally or physically challenged, and If you have authorized us to pay your credit card bill automatxaly from incapable of self support; or (3) under the age of 25 and classified as full- our savi ng p y y Children for whom a ticket was purchased on your Card (as defined below) y ngs or checki account, you can sto the ~a ment on an will be automatically insured against Accidental Loss of Life arising from time students at an institution of higher learning. amount you think is wrong. To stop the payment, your etter must reach Domestic Partner means a person who: (1) a at least 18 years of age and us three business da before the automatic and occurring on a Covered Trip while you, your Spouse, Domestic Partner ys payment n scheduled to occur. competent to enter into a contrail; (2) a not related to the Insured Person 2. Your Ri hts and Our Res onsibilities Afte? We Receive Your Written or eligible Dependent Children for whom a ticket was purchased on your by blood; (3) has exclusively lived with the Insured Person for at least one 9 P Card are riding as a passenger in or entering, exiting or being struck by a Notice year prior to the date of enrollment; (4) a not legally married or separated; Scheduled Aircraft or a conveyance operated by a military transport and (S) as of the date of enrollment, has with the Insured Person at least We must acknowledge your letter within 30 days, unless we have service or riding as a passenger in or entering or exiting any conveyance two of the following financial arrangements: (a) a joint mortgage or lease; corrected the error by then. Within 90 days, we must either correct the licensed to carry the public for a fee and while traveling directly to or from (b) a joint bank account; (c) joint title to or ownership of a motor vehicle or error or explain why we believe the bill was Correct. the airport immediatey preceding the departure of a Scheduled Aircraft status as a joint lessee on a motor vehicle lease; or (d) a joint credit card After we receive your letter, we cannot try to collect any amount you on whKh the Insured Person has purchased passage and immediately account with a financial institution. Neither the Insured Person nor the question or report you as delinquent. We wn continue to bill you for the following the arrival of a Schedule Aircraft on which the Insured Person Domestic Partner can be married to, nor in a civil union with, anyone else. amount you queston, inxluding finance charges and we can apply any was a passenger Hazard means the covered circumstances for which this insurance is unpaid amount against your Account aedk limit. You do not have to pa 'Coverage is underwritten by Federal Insurance Company, a member provided as stated in Section III of the Declarations, Hazards, and described any questioned amount while we are investigating, but you are still insurer of the Chubb Group of Insurance Companies. Certain limitations in the Hazards farm, as described on page 1 of this Description of obligated to pay the parts of your bill that are not in question. and exclusions apply. Coverage. If we find that we made a mistake on your bi?I, you will not have to pay PLAN FEATURES Insured Person means all Cardmembers, their spouses, Domestic Partners any finance charges related to any questioned amount. If we didn't make THE BENEFRS: The full Benefit Amount (5500,000 for Discover More and and Dependent Children, as well as authorized users of the Account. a mistake, you may have to pay the finance charges, and you will have to Discover Open Road Cardmembers; j150,000 for Discover Titanium Card- Loss means the loss of Life. make up any maned payments on the questioned amount. In either wse, members) a payable for Accidental Loss of Life. The Loss must occur within Loss of Lffe means death, including clinical death determined by the local we will send you a statement of the amount you owe and the date that it one year of the Accident. governing medical authorities. is due. MAXIMUM UMIT OF INSURANCE: If more than one Insured Person suffers Policyholder means Discover Financial Services LLC, the entity responsible If you fail to pay the amount that we think you owe, we may report you a Loss in the same Accident, the Company will not pay more than the for theSched ~ymen f of premium. as delinquent. However, ff our explanation does not satisfy you and you maximum limit of insurance (520,000,000) per Accident. If an Accident u Airc aft means an aircraft owned andlor operated by a wrRe us within ten days telling us that you still refuse to pay, we must tell results in Benefit Amounts becomin a able, which when totaled, exceed Sc e u e g p y Scheduled Airline. anyone we report you to that you have a quertion about your bill. And, the applcable limit of insurance shown above, the maximum limit of Airline means an airline which is either of United States registry we must tell you the name of anyone we reported you to. We must tell insurance will be divided proportionally among the Insured Persons, based and certified by the United States government to carry passengers on a anyone we report you to that the matter has been settled between us on each applicable Benefit Amount. In the event of muhiple Accidental regularty scheduled basis or of foreign register and approved by the when it finally a. if we don't follow these rules, we can't collect the first deaths per Account arising from any one Accident, the Company's liability United States government and the appropriate foreign authority. S50 of the questioned amount, even 'rf your bill was correct. for all such Losses will be limited to a maximum limit of insurance equal to ~ means hostilities following a declaration of War by a government -16- -17- -18- MORAGR.0407TL18 Back 3/9/07 9:51 AM Page 1 (3,1) authority. If there a no declaratwn of War, then {1) armed, open and Company will send you forms for giving proof of Loss to us within 15 days. Collision Damage Waiver is an insurance program, underwritten by ' continuous hostilities between two countries or (2) armed, open and If you do not receive the forms, you should send the Company a written Federal Insurance Company Policy # 9906-17-63 (the "Policy"). continuous hostilities between two factions, each in control of territory, or description of the Loss. DEFINITIONS: claiming jurkdiction over the site of the area of hostility. CLAIM PROOF OF LOSS: Complete proof of Loss must be given to Company Account means a Card account. DISAPPEARANCE BENEFRS: If the Iruured Person has not been found within 90 days after the date of Loss, or as soon as reasonably possible. Actual [ash Value means the cost to repair or replace the Rented Auto- within one year of the disappearance, stranding, sinking, wrecking or Failure to give complete proof of Loss within these time frames will not mobile at the time of loss, less depreciation. breakdown of any Scheduled Aircraft or conveyance in which the Insured invalidate any otherwise valid claim if notice is given as soon as reasonably Cardmember means the holder of the Card whose name appears on the Person was covered as an occupant, it will be assumed, subject to all other possible and in no event later than one year after the deadline to submit credit card. terms of the polky, that the Insured Person has suffered Loss of Life complete proof of Loss. Gerd means the Discover More Card, Discover Open Road Card or Discover covered under this policy. CLAIM PAYMENT: The Company will pay you or your beneficiary the Titanium Card, as applicable. EXPOSURE BENEFITS: Accident includes unavoidable exposure to elements applicable Benefit Amount within 60 days after compPlete proof of Loss is Collision Damage means the direct and accidental damage to a Rented arising from a covered Hazard. received and ff you, the Policyholder andlor the benefixiary have complied Automobile caused by upset or collaion with another object. Collision ELIGIBILITY: This insurarxe plan is provided to Insured Persons auto- with all the terms of the policy. Dama a does not include loss caused by mgsiles, fallin obl'ects, fire, theft matically when the entire cost of the panenger fare(s) on a kheduled ARBITRATION: In the event of a dispute under this policy, either the Cam- or larceny, explosion, earthquake, windstorm, hail, water, flood, malicious i Airline a charged to the Cardmember's Account while the insurance B pany or the Insured Person may make a written demand for arbitration. In mischief or vandalism, riot or civil commotion. effective. It is not necessary for you to not'rfy the Policyholder or the that case, the Company and the Insured Person will each select an arbitra- Com°anv means the Federal Insurance Company. Company when kheduled Airline tickets are purchased. tor. The two arbitrators will select a third. If they cannot agree within 15 Insured means Cardmembers and authorized users of the Account. EFFECTNE DATES: Your insurance under th6 insurance plan is effective on days, either the Company or the Insured Person may request that the Po' r means Discover Financial Services LLC, the entity responsible the later of:1) April 1, 2007; or 2) the date you become an eligible Card- choice of arbitrator be submitted to the American Arbitration Association. for the payment of premium. member. Your insurance coverage under this insurance plan will cease on The arbitration will be held in the state of the Insured Person's principal Rental Agencv means a commercial automobile rental company licensed the earlier of: (1) the date the insurarxe coverage is terminated; or (2) the residence. under the laws of the applicable jurisdiction. date you cease to be an eligible Cardrrcember. IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CLAIMS Rented Automobile means afour-wheeled private passenger type motor vehicle or a mini-van manufactured and designed to transport a maximum COST: This insurance plan is provided at no additional cost to eligible SERVICE CENTER AT 1-800{LAIMS-0 (1-800-252.4670) OR (757) 2224232 of seven passengers and used excursively to carry passengers. A Rented Insured Persons for Covered Trips. Policyholder pays the full cost of the You can also go to the Company Website (vuww.chubb.comt, click on Automobile must be designed for travel on public roads and rented from i~ insurance. Report a Lon, select Accident, Benefits and Life claims, select the appropri- Rental Agency. THE BENEFICIARY: The Loss of L'rfe benefit will be paid to the beneficiary ate form, print out the claim form, fill out and mail. You can file a claim by TO GET COVERAGE: designated by you. If no such designaton has been made, that benefit will mail or fax. • The Collision Damage Waiver Coverage is provided to you, as an Insured, be paid to the first surviving beneficiary in the following order: a) your Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES automatically when the entire rental fee for the Rented Automobile is spouse; b) your children; c) your parents d) your brothers and sisters, e) CLAIMS SERVICE CENTER charged or debited to your Account. It is not necessary for you to notify your estate. All other indemnit'~es will be paidto you. If you wish to change 600 INDEPENDENCE PARKWAY the Company at the time the rental fee is charged or debited to your your benefciary, you may request a beneficiary designation form y P.O. BOX 4700 Account. i wrntmg to the plan adminatrator at The Direct Marketmg Group, Inc., CHESAPEAKE, VA 23327-4700 • You must decline the LosslDamage Waiver offered by the vehicle Rental 13265 Bedford Avenue, Omaha, NE 68164 or at Beneficiaryrequest@The Fax Number. 1-800-300-2538 Agency. DirectMG.com. As a handy reference guide, please read tha and keep it in a safe place • You must rent the vehicle in your own name and sign the vehicle rental EXCLUSIONS: This insurance plan does notcover Loss resulting from: (1) an with your other insurance documents. This description of coverage is not agreemenUcontract. Accident occurring while an Insured Person is in, entering, or exiting any a contract of insurance but is a summary of the principal provisions of the • The coverage period will not exceed 31 consecutive days, or 45 consecu- aircraft owned, leased or operated by this Policyholder or any aircraft insurance while in effect. Complete policy provisions are contained in the tive days if the Insured is an employee of an organization which has pro- owned, leased or o rated by an empbyee of the Policyholder on behalf Master Policy, whkh tan be obtained from the Policyholder: vided a Card to the Insured for business use. of the Pol"xyholder ~ is exclusion does not apply to aircraft chartered with Policy # 9906-18-06 THE KIND OF COVERAGE YOU RECEIVE: pilot or crew on one time charter basis), (2) an acadent while an Insured Person is in, entering, or exit'mg any aircraft while acting or training as a Pol'x~ Underwritten By Plan Administrator Inconsideration of the premium paid by the Policyholder as required, and pilot or crew member (this exclusion does not apply to passengers who Federa Insurance Company The Direct Marketing Group, Inc. subject to all the terms of the Policy, the Company agrees to reimburse on temporarily perform pibt or crew functwns in a life threatening a member insurer of the 13265 Bedford Avenue an Actual Cash Value basrs either the Insured or the Rental Agency for emergency); (3) emotional trauma, mental or physical illnen, disease, Chubb Group of Insurance Companies Omaha, NE 68164 repair or replacement of the Rented Automobile as a result of Collision pregnancy, childbirth or mhcarr~~aagge, bacterial or viral infectbn, or bodily 15 Mountain View Road, P.O. Box 1615 Damage to the Rented Automobile. The Company's liability will be for a malfunctions (except bacterial infection caused by an Accident or from Warren, N107061-1651 maximum reimbursement of 525,000. In no event will the Company be Accidental consumption of a substance contaminated by bacteria); (4) liable beyond the amounts actualty paid by the Insured or the Rental suicide, attempted suic'xle or Loss that is intenYwnaltyseIf-inflicted; or (5) Agency. declared or undeclared War. DESCRIPTION OF COVERAGE • If you or an Insured's primary vehicle insurance or other coverage has made payments for a covered loss, Excess Collision Damage Waiver will CLAIM NOTICE: Written Claim notice must be given to the Company within SECONDARY RENTAL CAR COLLISION COVERAGE. Discover MoreS9, cover your deductible and any other eligible amounts not covered by 90 days after the acurrence of any Lon covered by this policy or as soon Discover' Open Road'" and Discover' Titanium Cardmembers can benefit other insurance. as reasonably possible. Failure to give notice within 90 days will not from the security and safety offered through Excess Collision Damage • This coverage is not all-inclusive, which means it does not cover such invalidate or reduce any otherwise valid claim 'rf notice is given as soon as Waiver. ff you rent a vehicle for 31 consecutive days or less (or 45 days things as personal injury or personal liability. It does not cover you for reasonably possible. under certain circumstances described below) with your Card (as defined any damages to other vehicles or property. It does not cover you for any CLAIM FORMS: When the Company receives notice of a claim, the below), you may be eligible for benefits under this coverage. Excess injury to any party. -19- -20- -Z1- MORAGR.0407TL18 Back 3/9/07 9:51 AM Page 1 (4,1) WHO Is COVERED: You can also go to the Company Website (www.chubb.com), click on practicable, Insurance benefits will still apply for any benefits you were ' • Discover More Cardmembers Report a Loss, select Accident, Benefits and Life claims, select the eligible for prior to the date of such terminations, cancellation or non- • Discover Open Road Cardmembers appropriate form, print out the claim form, fill out and mail. You can file renewal, subject to the terms and conditions of coverage. • D'acover Titanium Cardmembers a claim by mail or fax. Benefits to you: These benefits apply only to Cardmembers whose cards EXCLUDED RENTAL VEHICLES: Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES are issued by U.S. financial institutions. The United States is defined as the Off-road, antique or limited edition motor vehicles; trucks; recreational CLAIMS SERVICE CENTER 50 United States, the Datriil of Columbia, American Samoa, Puerto Rico, vehicles, campers, pickup trucks, and mini-buses; limited edition motor 600 INDEPENDENCE PARKWAY Guam and the U.S. Virgin Islands. No person or entity other than the Card- vehicles or high value, exotic, higgh ppeerformance or collector type. High P.O. BOX 4700 member shall have any legal or equitable right, remeddyy or claim for value motor vehicles are motor vehcles whose replazement value exceeds CHESAPEAKE, VA 23327-4700 insurance proceeds and/or damages under or arising out of~this coverage. 550,000, and antique motor vehkles are defined as any vehicle over 25 Fax Number. 1-800-300-253B These benefits do not apply if your Card privileges have been cancelled. years old, or any vehicle which has not been manufactured for 10 years or CLAIM PROCEDURE: However, insurance benefits will still apply for any benefit you were more. eligible for prior to the date that your Account is suspended or cancelled The Insured must send the Company wr'tten notice of a claim, inducting the sub'eil to the terms and conditions of coven a of our Cardmember WHERE YOU ARE COVERED: Insured's name and Policy number, within 90 days after a covered loss I g y • Coverage applies to vehicles rented in the United States and Canada only. occurs. If notice cannot be liven wthin that time, it must be given as soon Agreement. • Coverage is not available where prohibited by law. as reasonably possible. To file a sworn Proof of Loss, the Insured must send Transfer of rights or benefits: No rights or benefits provided under these WHAT IS)yQj COVERED: the following information to the Company or its authorized representative: insurance benefits may be assigned without the prior written consent of Coverage does not apppr to Ion resulting from the following: • A copy of the Account statement showing the automobile rental the Company. • Any dishonest, fraudulent or criminal act of the Insured. transaction. Misrcpresentatan and Fraud: Coverage of the Insured will be void if, at • Forgery by the Insured. • A copy of the automobile rental agreement. any time, the Insured has concealed or misrepresented any material factor • Loss due to war or confiscation by authorities. • A copy of the police re~ort. circumstance concerning this coverage or the subject thereof or the • Loss due to nuclear reaction or radioactive contamination. • A copy of the initial c aim report submitted to the automobile Rental interest of the Insured herein, or incase of any fraud or false swearing by • The Insured being intoxicated, as defined by the laws of the jurisdiction Agency. the Insured relating thereto. where the loss occurred, or under the influence of any narcotic unless • A copy of the paid claim presented by the automobile Rental Agency for Coverage for an Insured will be void if, whether before or after a loss, the prescribed by a physkian. the Collision Damage for which the Insured is responsible. Policyholder or its subscribing organization(s) has concealed or misrepre- • Use of the Rented Automobile to carry passengers and property for hire. • Proof of submission of the loss to, and the resuhs of any settlement or snted any material fad or circumstance concerning this coverage or the • Use of the Rented Automobile by a person other than the one author- denial by the applicable insurance carrier(s). subject thereof or the interest of the Insured therein, or in case of any ized to operate the Rented Automobile by the terms of the Rental • If no other insurance k applicable, a notarized statement from the fraud or false swearing by the Policyholder or its subscribing organiza- Agreement. Insured to that effect. tion(s) relating hereto. • Loss of use of the Rented Automobile. Reminder. Please refer to the Insurance Disclosures section. Addition of New Insureds: All eligible persons will be automatically • Intentional damage to the Rented Automobile by the Insured. INSURANCE DISCLOSURES insured under this Policy. • Damage which is due and confined to wear and tear, freezing, mechani- As a handy reference guide, please read this document and keep it in a Examination Under Oath: It is a condition of this insurance that the cal or electrical breakdown or failure. safe place with your other insurance documents. This Summary of Cover- Insured and the Policyholder, as often as may be reasonably required by • Damage to tires unless the kxs is coincident with a covered loss. age is not a contrail of insurance but is simply an informative statement the Company, will submit, and within its power cause others to submit, to • Use of the Rented Automobile in tests, razes or contests. to eligible Insureds of the principal provisions of the insurance while in examinations under oath and will produce for examination all writings, • The Rented Automobile being operated or located in any territory effect. Complete provisions pertaining to this plan of insurance are books of account, bills, invoices and other vouchers, or certified copies prohibited by the terms of the Rental Agreement. contained in the master policy on file with Discover Financial Services LLC, thereof if originals are lost, at such reasonable time and place as may be FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS: herein referred to as the Policyholder. If a statement in this Summary of designated by the Company or its representative, and will permit extracts 7o the extentthatthis plan provides uuurance against damage to a rented Coverage and any provision in the policy differ, the policy will govern. and copies thereof to be made. No such examination under oath, exami- motor vehicle, the tolknving terms and conditions a ply: (1) the period of Polity Underwritten By Plan Administrator nation of documents or any other act of the Company, its employees or insurance coverage will not exceed 31 consecutive days, or 45 consecutive Federal Insurance Company ("Company") The Direct Marketing Group, Inc. representatives in connection with the investigation of any loss or claim days if the Insured is an employee of an organization which has provided a member of the 13265 Bedford Avenue will be deemed a waiver of any defense and such ads shall be deemed to the Card to the Insured for busmen use; and (2) the insurance provrded by Chubb Group of Insurance Companies Omaha, NE 68164 have been made or done without prejudice to the Company's liability. thk plan will be excess over any other valid and collectible insurance cover- 15 Mountain View Road, P.O. Box 1615 No Benefit to Others: This coverage will in no way inure directly or ing the Rented Automobile. However, the insurance provided under this Warren, New Jersey 07061-1651 indirectly to the benefit of any insurer, person or organization or other plan may be primary if spet'rfically provided for under the terms of th6 Master Policy Number: 9906-17-63 bailee. plan and if the following criteria is met: (a) the Rented Automobile is Subrogation: It is a condition of this insurance that if the Company pays rented for use outside the United States, its terrftories and possenions; (b) Effective date of benefits: Effective April 1, 2007, this guide replaces all the Insured for a loss, it will re uve the Insured to assi nand transfer an the Insured a an employee of an organization whkh has provided the prior disclosures, program descriptions, advertising and/or brochures by claim or ri ht of ailion a ainst en individual, firm or cor oration for such Card to the Inwred for business use; and (c) the Rented Automobile is g g y P any party. Policyholder and Company reserve the right to change the loss to the Com an or subro ate or hold in trust all such ri hts to the rented without a driver. P y 9 9 HOW TO FlLE A CLARK UNDER EXCESS COWSION DAMAGE WAVER: benefits and features of these programs at any time. extent of the amount paid. The Insured will agree to take action as In the event of a claim, written or verbal notice must be rovided as soon Cancellation: Poligholder can cancel these benefitr at any time or choose requested by the Company to enforce such rights. Upon payment by the P not to renew the insurance coverage for all authorized Cardmembers. If Company to the Insured, the Insured agrees to direct enforcement of such as reasonably ponible. Policyholder does cancel these benefits, you will be notified at least 60 rights as reasonably requested by the Company and to return to the IF YOU HAVE ANY CLAIM RELATED QUESTK)NS, PLEASE CALL THE CLAIMS days in advance. If the Company terminates, cancels, or chooses not to Company any recovery to the extent payment of loss has been made by SERVICE CENTER AT:1-B00-CLAIMS-0 (t-800-252-4670) or (757) 222-0232 renew the coverage to Policyholder, you will be notified as soon as is the Company. -22- -23- -24- i EXHIBIT "B" _ I Nev+ Balanaa Minimum Payment Due Account Number ending in 9520 • DISCOVER S0.00 $3,009.00 Enter Amount Enclosed Belov+ Payment Due Dale ~ I June 28, 2012 ~ 3t SDSNSAOt oootsso Text APP to DISCOV' to receive a link to our VICKI W I L L I AMS free mobile app and pay your bill in seconds 122 HOLLY DR from anywhere! MECHANICSBURG PA 17055-5527 PO BOX 6103 ~i~ur~~nur~~nsr~iri~n~ CAROL STREAM IL 60147-6103 Address, e-mail or telephone change? iriirriirrrrrriiirirr~rrririirrrrriiiirrrrr~iriirirrriirrirrii Go to www.Discover.com or print change in space above. 00000198645851945844800000000DOODOD03D0900 Opening Date: May 7, 2012 -Closing Date: May 31, 2012 page 1 of 2 Discover More Card Account Summary Payment Information New Balance $0.00 Minimum Payment Due $3,009.00 Account number ending in 9520 Payment Due Date June 28, 2012 Previous Balonce $15.198.32 Lab payment Warning: IF we do not receive your minimum Payments And Credits 15,198.32 payment by the date listed above, you may have to pay a late Purchases + 0.00 fee of up to $35.00. Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged + 0.00 Interest Charged + o.oo Manage Your Account Online at www.Discover.com New Balance ~ $0.00 Securely access statements and Free online tools, pay bills online and crack and view all transoctions simply and easily See Interest Charge Calculation section Folbwing Make your money worth more~t-find easy ways to earn 'transactions for detailed APR information and redeem cosh rewards Credit Line $14,500.00 NEW! Access your account securely through your Credit Line Available $0.00 mobile phone Cash Advance Credit line $7,300'00 3 i:a Wa S t0 Contact US ' Cash Advance Credit line Available $0.00 ~ y 1. Access your account securely at www.Discover.com 2. Cab 1.800-DISCOVER (1.800-347-28831 Cashback Bonus° Please have your Discoverm card available. Anniversary Month 3. Write io us at Discover, PO Box 30943, ~ March Salt Lake City, UT 84130 (Not a payment address) Opening Cashback Bonus Balance $ 0.00 For payments, please send to address on remittance or Ne~v Cashback Bonus This Period + 0.00 Discover, PO Box 6103, Carol Stream, IL 60197-6103 _ For TDD (telecommunications Device for the Deaf) Cashback Bonus Balencsv $ 0.00 assistance, please call 1.800-347-7449. To kern more, log in at www.Discover.com ;Transactions Trans. Post Date Dote i Payments and Crsdits May 31 May 31 INTERNAL CHARGE-OFF $ •15,198.32 i Fess TOTAL FEES FOR THIS PERK)D $ 0.00 -'.Interest Charged TOTAL INTEREST fOR THIS PERK)D $ 0.00 2012 Totals Year-to-Date TOTAL FEES CHARGED IN 2012 $ 175.00 TOTAL INTEREST CHARGED IN 2012 1,669.85 NOTICE: SEE REVERSE SIDE FOR fMPORTANT INFORMATION D'SC~YER DISCOVER t~PaYsio VICKI WILLIAMS Account number ending in 9520 page 2 of 2 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Current Billing Period: 25 days TYPE OF BALANCE RTE (APRJERCENTAGE INTEREST RATE ECi TO INTEREST CHARGE Purchases 28.99% $0 $0 Past Purchases 28.99 0 $0 $0 Cash Advances 28.49°/ $0 $0 V =Variable Rate Additional Important Information. See your Cardmember Agreement. Your Cardmember Agreement contains all the terms of your Account. lost or stolen cords. Report immediately! Call f-800.347-2683. What To Do If You Think You Ffnd A Mistake On Your Statement If you think there is an error on your statement, write to us af: Discover, PO Box 30421, Salt Lake City, UT 84130.0421 In your teller, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error • Descri lion 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 mists ce. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writin .You may call us, but if you do we are not required to investigate any potential errors and you may have to pay t e amount in question. While we investigate whether or not there has been an error, the following are true: • We cannot fry 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 ar any interest or other fees related io that amount. i 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 chat you have purchased with your credit card, and you hove tried in good faith fo correct the problem with the merchant, you may have the right not to pay the remainrng amount ~ due on the purchase. To use this right, all of the following must be true: i 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. (Nola: Neither of these are necessary if your purchase was based on an advertisement we mailed fo you , or iF we own the company that sold yov the goods or services.) 2. You must hove 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 Fullypoid for the purchase: If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing ot: 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. PPayments. You may pay aB or part of your Account balance ai arry time. However, you must pay at least the Minimum Payment Due by the Payment Due Dale. Send only your payment and the top portion of this statement in the envelope iprowded. 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 kom your account at the Financial institution indicated on your check or to process the i payment as a check transaction. If pa ment 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 irans~er, 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 maybe delayed if you send cash, correspondence or other items with your payment, if you !send the payment to anyy other addressor iF you use an envebpe other than the one provided. Payments receved m proper i form at our processing tacility byy SPM local time on any day will be credited to your Account as of that day. Payments ;received at our processing facrlily after 5PM local time ~vrll 6e credited to yarc AccounF as of the next day If you have ~mispkxed your envelope, send your payment fo Discover, PO Box 6103 Corot Scream, IL 60197.6103. Please allow 7-10 ,days for delivery. If your payment is returned unpaid, we reserve the rig(tt to resubmit it as an electronic debit. i i i i i i NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION D1Se ER I~ __ _ r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ; ;~- ~~~~~ Jody S Smith Chief Deputy ~~ ~~~ ,~.~ ~M ~Q~ ~~ Richard W Stewart Solicitor : ~ F -~. ~. ~ ..~_.: ~ ,.~ ~~ Discover Bank vs. Case Number) Vicki Williams 2012-5067 i SHERIFF'S RETURN OF SERVICE 08/17/2012 04:34 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on ~ August 17, 2012 at 1634 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Vicki Williams, by making known unto Daniel Williams, Husband of Vic i Williams at 122 Holly Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents an at the same time handing to him personally the said true and correct copy of the same. AMANDA COBAUGH, DE SHERIFF COST: $38.00 August 20, 2012 SO ANSWERS, ~ • t~ RONNY R ANDERSON, SHERIFF