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HomeMy WebLinkAbout13-3455 Supreme Couff- f Tennsylvania Couit.W- CommoYn For Prothonotary Use Only: a- w C><vil'Covei. Sheet Docket No: CUMBERI ANb fs 2 County Ten, ` The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: DISCOVER BANK JOAN L NEELY A/K/A JOAl' T Dollar Amount Requested: ® within arbitration limits I Are money damages requested? ® Yes ❑ No (check one) El outside arbitration limits O N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: Pressler and Pressler, LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS • Intentional ❑ Buyer Plaintiff Administrative Agencies • Malicious Prosecution ® Debt Collection: Credit Card ❑ Board of Assessment • Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections • Nuisance ❑ Dept. of Transportation • Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not include ❑ Employment Dispute: mass tort) E ❑ Slander/Libel /Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment B ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 Ralph Gulko Esq. ID# 32771 File # N62874 PRESSLER and PRESSLER, LLP Attorneys for Plaintiff 804 West Avenue Jenkintown, PA 19046 1 -215- 576 -1900 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - L NO: ►3 - 3 455 i S vil - Fe rw� DISCOVER BANK C/O DB SERVICING CORPORATION 6500 NEW ALBANY RD EAST C Cj NEW ALBANY OH 43054 Plaintiff, 2 2m m - versus- z= ..or JOAN L NEELY A /K /A JOAN BOYER Wr -no , 611 B ST ENOLA, PA 170251602 Mc Defendant(s) NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Le han demando a usted en la Corte usted quiere defenderse de estas demandas puestas en las paginas siguientes, usted ti veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace 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 courte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notification. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas las.provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importatntes para usted. USTED DEBE LLEVARLE ESTA DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 NO PUEDO CORRER CON LOS GATOS DE UNO, VAYA O LLAME POR TELEFONO A LA OFICINA EXPUESTA ABAJO. ESTA OFICINA PUEDE POVEERLE INFORMATION RESPECTO A COM O CONTRATAR A UN ABOGADO. SI NO PUEDE CORRER CON LOS GASTOS PARA CONTRATAR A UN ABOGADO, ESTA OFICINA PUDIERA PROVEERLE INFORMACION RESPECTO A INSTITUCIONES QUE PUEDAN OFRECER SERVICIOS LEGALES A PERSONAS QUE CALIFICAN PARA LA REDUCCION DE HORORARIOS 0 QUE NO TENGAN QUE PARAG HONORARIOS. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 S 800 - 990 -9108 � 163.'75 Pb AT'� 0 *989a1a 9# A / 0&3 PRESSLER and PRESSLER, LLP Attorne s for Plaintiff BY: Ral h Gulko , Esq. File # 62874 I.D . 3771 804 West Avenue Jenkintown PA 19046 1- 215 - 576 -1900 DISCOVER BANK COURT OF COMMON PLEAS C/O DB SERVICING CORPORATION CUMBERLAND COUNTY, PENNSYLVANIA 6500 NEW ALBANY RD EAST NEW ALBANY OH 43054 CIVIL ACTION -LAW Plaintiff No: VS. JOAN L NEELY A /K /A JOAN BOYER a /k /a JOAN BOYER 611 B ST ENOLA, PA 170251602 Defendant(s) CIVIL ACTION COMPLAINT 1. Plaintiff DISCOVER BANK is a banking institution organized under the laws of the State of DE and maintains a business address of C/O 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 does not conduct business within the Commonwealth of Pennsylvania within the meaning of any statutes and /or regulations pertaining to foreign corporations. 3. DISCOVER BANK is the issuer and owner of credit cards which are issued to consumers pursuant to an extension of credit agreement with them. 4. DB SERVICING CORPORATION is affiliated with and is the servicing agent for the credit card accounts for DISCOVER BANK It creates and maintains all of the records in connection with all of the activities and /or transactions regarding the 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 make purchases or other forms of credit from various merchants who were authorized to accept the credit card from the Defendant(s) in lieu of payment by the Defendant(s) to the merchants. 7. The Defendant(s) received the physical credit card issued by the Plaintiff, together with a Cardmember Agreement (extension of credit agreement), which agreement contains the terms and conditions governing the use of the credit card between the parties hereto. Plaintiff attaches hereto as Exhibit A a copy of the Cardmember agreement applicable to the Defendant(s) account. 8. The cardmember agreement is in writing however is not signed and is not required to be signed by the parties as the cardmember agreement only becomes effective and assented to by the Defendant(s) upon 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 credit card for purchases and /or other forms of credit and maintained a running account, a copy of which was provided to the Defendant(s). Attached hereto as Exhibit B is a copy of the Defendant(s) monthly cardmember statement(s). 10. The Defendant(s) by acceptance and use of the credit card has assented and ratified the terms and conditions of the Cardmember Agreement /account each and every time they utilized the credit card, as well as by continuing to make payments to the Plaintiff after receiving monthly statements summarizing the activities, interest rate and /or transactions on the account. 11. The Defendant(s) by use of the credit card have impliedly represented to the credit card issuer that the Defendant(s) had the ability and intention to pay for the use of the credit card. 12. The Defendant(s) have not disputed any of the charges in writing within 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 Defendant(s) last payment in regards to their obligation was processed on or about 08/20/2012 and as a result thereof, the obligation of the Defendant(s) to satisfy the entire balance in regards to the credit card account became accelerated. 14. The outstanding balance which was due on the credit account as of 03/31/2013 was $12,485.39; and although repeated requests and demands have been made upon the Defendant(s) by the Plaintiff to satisfy the balance, the Defendant(s) is still in breach of its obligation on the account and have failed to repay the account balance and debt due the Plaintiff. COUNT I - BREACH OF CONTRACT 15. Plaintiff incorporates by reference, all of the foregoing averments of this Civil Action Complaint, as though the same were more fully set forth at 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 determined that the Defendant(s) is /are not in the military service. 18. THIS COMMUNICATION OF PLAINTIFF'S COUNSEL IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, plaintiff DISCOVER BANK , demands judgment against defendant(s), JOAN L NEELY A /K /A JOAN BOYER in the sum of $12,485.39 , plus costs in accordance with law. COUNT II - ACCOUNT STATED 19. Plaintiff incorporates by reference, all of the foregoing averments of this Civil Action Complaint, as though the same were more fully set forth at length herein. 20. The Defendant(s) has /have, by their use of the credit card, impliedly assented to the terms and conditions of the account and is /are now in breach of the account for their failure to pay the outstanding balance due and owing. WHEREFORE, Plaintiff, DISCOVER BANK , demands judgment against Defendant(s), JOAN L NEELY A /K /A JOAN BOYER , in an amount not in excess of the Court's Arbitration limits, plus costs in accordance with law. COUNT III - UNJUST ENRICHMENT 21. Plaintiff incorporates by reference, all of the foregoing averments of this Civil Action Complaint, as though the same were more fully set forth at length herein. 22. Defendant(s), by use of the credit card account and the extension of credit, received the benefit of the same which was given on the said credit card account and has /have failed to make payments for the receipt of the said benefit. 23. As a direct result of the receipt of the benefit of the extension of credit understanding as above, the Defendant(s) has /have been unjustly enriched in the amount less than this Court's Arbitration limits, to the Plaintiff's detriment. WHEREFORE, Plaintiff, DISCOVER BANK , demands judgment against Defendant(s), JOAN L NEELY A /K /A JOAN BOYER , in an amount not in excess of the Court's Arbitration limits, plus costs in accordance with law. Dated: Ral Gu o E q. Att ney for laintiff VERIFICATION The undersigned Ralph Gulko , hereby states that he is the attorney for the Plaintiff who is located outside this jurisdiction and in order to file the within document in an expedient and timely manner, he is authorized to take this Verification on behalf of the said Plaintiff in the within action and verifies that the statement made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, based upon the information provided to him by the Plaintiff. A Verification signed by the Plaintiff will be provided to Defendant or counsel for Defendant upon request. The undersigned understands that false statements herein are made subject to the penalties of 18 P.A.C.S. Section 4904, relating to unsworn falsification to authorities. 1A 0 4 alp G ko EXHIBIT "A" DISC OVER® YOUR DISCOVER® ACCOUNT CARDMEMBER AGREEMENT ................ Pages 1 -14 The terms and conditions of your Account, including how we calculate Interest Charges, our fees and an Arbitration of Disputes section. You have the right to reject the arbitration provision with respect to your new Account within 30 days after receiving your Card, as explained in the "Right to Reject Arbitration" section at page 13. BILLING RIGHTS ..........................Pages 14-16 Important information about your rights and our responsibilities under the Fair Credit Billing Act. DESCRIPTION OF COVERAGE ............... Pages 16-24 The terms and conditions of the Scheduled Air Travel Accident Insurance and the Secondary Rental Car Collision Coverage that is provided at no charge to you when you use your Card to purchase airline tickets or rent an automobile. GLOBAL TRAVELER'S HOTLINE .. . ............Page 24-25 The terms and conditions of this free travel assistance benefit. ©2011 Discover Bank, Member FDIC TL23AG.0211 11DCMC 02BOK_TL23AG0211_00083.1ndd 1 -2 1/11/11 8:41 AM CARDMEMBER AGREEMENT Please read this Agreement carefully before using your Discover® Card Account It contains the terms and conditions of your Account, some of which may have changed from earlier materials provided to you. In the event of any differences, this Agreement shall control. We respect your privacy. See the Privacy section on page 10 and our Privacy Policy for additional information. The Arbitration of Disputes section on page 11 includes a waiver of a number of rights, including the right to a jury trial. The Right to Reject Arbitration section on page 13 describes the procedure you must follow if you desire to reject the Arbitration of Disputes section. DEFINITIONS ..................... ............................... 2 USING YOUR ACCOUNT ........... ............................... 2 Your Acceptance of this Agreement .............................. 2 Permitted Uses of Your Account ... ..............................2 Prohibited Uses of Your Account .. ..............................3 Purchases and Cash Advances in Foreign Currencies ................3 Cash Advances .................. ..............................3 Balance Transfers ................ ..............................3 Credit Authorizations ............ ..............................3 Authorized Users ................ ..............................3 Unauthorized Use ............... ..............................4 Your Credit Lines ................ ..............................4 CHANGES TO THIS AGREEMENT ...... ..............................4 MAKING PAYMENTS ................ ..............................4 Promise to Pay .................. ..............................4 Monthly Billing Statement ........ ..............................5 Monthly Payment Options ........ ..............................5 Automatic Billing Arrangements .. ..............................5 How We Apply Payments ........ ............................... 5 Minimum Monthly Payment ...... ..............................6 Skip -A- Payment Offers ........... ..............................6 Credit Balances ................. ..............................6 Pay -By- Phone ................... ..............................6 INTEREST CHARGES ................. ..............................6 How We Calculate Interest Charges ..............................6 Balance Subject to Interest Rate .. ..............................7 Paying Interest ................. ..............................7 Annual Percentage Rates ......... ..............................7 Variable Interest Rates ........... ..............................7 PenaltyAPR .................... ..............................8 FEES.............................. ..............................8 Cash Advance Fee ............... ..............................8 Balance Transfer Fee ............. ..............................8 Foreign Currency Fee ............ ..............................9 Minimum Interest Charge ........ ..........:...................9 Annual Fee ..................... ..............................9 LateFee ....................... ..............................9 Returned Payment Fee ........... ..............................9 Returned Discover Card Check Fee . ..............................9 Research Fee ................... ..............................9 DEFAULT AND CANCELLATION ....... ..............................9 11DCMO _02BOK_TL23AG0211_00083.indd 3 -4 1111111 8:41 AM Types of Default ................ ..............................9 currency and wire transfers, or by means of checks which we may furnish Consequences of Default ......... .............................10 to you, all in accordance with such additional terms and conditions as we Cancellation .................... .............................10 may offer from time to time. PRIVACY AND OUR COMMUNICATIONS WITH YOU ..................10 • Balance Transfers —to transfer balances from other creditors or to make Our Privacy Policy ............... .............................10 other transactions by means of balance transfer coupons or checks, in Reporting to Credit Agencies ..... .............................10 accordance with such additional terms and conditions as we may offer Our Communications with You .... .............................10 from time to time. Releasing Information About Your Account .....................11 In addition, your Account may be used to guarantee reservations at Electronic Notices to You ....... .............................11 participating establishments. You will be liable for guaranteed reservations Notices — Changes to Your Information .........................11 that are not cancelled prior to the time specified by the establishment. Your CLAIMS AND DISPUTES ............. .............................11 Account may be used for personal, family, household and charitable Merchant Disputes .............. .............................11 purposes. Claim Notices .................. .............................11 Arbitration of Disputes ........... .............................11 Prohibited Uses of Your Account Your Account may not be used to obtain Right to Reject Arbitration ....... .............................13 loans to purchase, carry or trade in securities, to pay any amount you owe LEGAL INTERPRETATION OF THIS AGREEMENT .......................14 under this Agreement or for any transactions that are unlawful where you Severabili 14 reside or where you are physically located when you use the Account to ry " " " " " " "" """ " " " " " " "' ...'" "" Compliance with Interest Rate Limitations .......................14 initiate the transaction ("Prohibited Transactions"). Governing Law ................. .............................14 Purchases and Cash Advances in Foreign Currencies. If you make a purchase ASSIGNMENT OF ACCOUNT .......... .............................14 or cash advance in a foreign currency, it will be converted to U.S. dollars DEFINITIONS using either a government - mandated rate, a government - published rate or "Account" means your Discover Card Account. the interbank exchange rate, depending on the country and currency in which the transaction is made. The rate used will be the rate in effect on "APR" means an annual percentage rate. the conversion date for the transaction, which may be different than the "Authorized User" means any person whom you authorize to use your Transaction Date as shown on your statement. We charge a Foreign Account or a Card, whether you notify us or not. Currency Fee for each purchase made in a foreign currency as described in "Card" means any one or more Discover Cards issued to you or someone the Foreign Currency Fee section on page 8. else with your authorization. Cash Advances. We may periodically offer you promotional rates on cash "Pricing Schedule" means the document accompanying your Card and advances for the time period specified in the offer, subject to the Penalty listing the APRs that apply to your Account and other important APR section. The offer may contain a Cash Advance Fee for each cash information. The Pricing Schedule is part of this Agreement. advance. "We," "us" and "our" refer to Discover Bank, the issuer of your Discover Balance Transfers. In our discretion, we may periodically offer you the Card. opportunity to make balance transfers from other creditors or to make "You," "your" or "yours" refer to, in addition to you, the Cardmember, any other transactions to your Account by means of balance transfer coupons other person or persons who are also contractually liable under this or checks. The standard purchase rate applies to balance transfers. Agreement. However, we may periodically offer you promotional rates on balance USING YOUR ACCOUNT transfers for the time period specified in the offer, subject to the Penalty APR section. Each offer will contain an expiration date. If you attempt to Your Acceptance of this Agreement. The use of your Account or a Card by transfer balances by means of a check after the expiration date, we will you or an Authorized User, or your failure to cancel your Account within 30 treat the transaction as a cash advance. We will not make balance transfers days after receiving a Card, means you accept this Agreement, including the attempted by means of a coupon after the expiration date. We may charge Arbitration of Disputes section on page 11. You may, however, reject the a Balance Transfer Fee as indicated in the Balance Transfer Fee section. Arbitration of disputes section as explained on page 13. Credit Authorizations. Certain transactions will require our authorization Permitted Uses of Your Account Your Account may be used for: prior to completion. In some cases, you may be asked to provide • Purchases — to purchase or lease goods or services from participating identification. We have the right not to authorize a transaction for security merchants by presenting your Card or Account number or by using or other reasons. Also, if our authorization system is not working, we may promotional checks, which we may furnish to you, in accordance with not be able to authorize a transaction. We will not be liable to you if any such additional terms and conditions as we may offer from time to time. of these events happen. • Cash Advances — to obtain cash advances from participating automated Authorized Users. If you want to cancel the authority of a current teller machines, financial institutions or other locations, the purchase of Authorized User to use your Account or a Card, you must notify us and lottery tickets, racetrack wagers, vouchers redeemable for cash or for destroy any Card in that person's possession. You can notify us by casino chips, money orders, traveler's checks, savings bonds, foreign telephoning 1- 800 - DISCOVER (1- 800.347- 2683), or by writing Discover, PO -2- -3- 11DCM0- 02B0K— TL23AG0211_00083.indd 5 -6 1/11/11 9:41 AM i Box 30943, Salt Lake City, UT 84130.0943. None of your rights under this using your Account or a Card. If you pay us in other than U.S. dollars, we Agreement (other than to pay amounts owed) may be exercised by any may refuse to accept the payment or charge your Account our cost to person not a party to this Agreement acting pursuant to a power of convert your payment to U.S. dollars. All checks must be drawn on funds on attorney, without our separate written agreement (which we are not deposit in the U.S. You may not use a cash advance check, balance transfer obligated to give). check or coupon, or any other promotional check drawn on any Discover Unauthorized Use. Prior to its use, each Card must be signed by the person Bank credit card account to make payments on your Account. If your to whom it is issued. If a Card is lost or stolen, or if you think that someone Account is a joint Account, each of you agrees to be liable individually and is using your Account or a Card without your permission, notify jointly for the entire amount owed on your Account. We can accept late us immediately. You can notify us by telephoning 1- 800 - DISCOVER payments or partial payments or checks and money orders marked (1 -B00- 347 - 2683), or by writing Discover, PO Box 30943, Salt Lake City, UT "payment in full" or with any other restrictive endorsement without losing 84130 -0943. You agree to assist us in determining the facts relating to any any of our rights under this Agreement theft or possible unauthorized use of your Account or a Card and to comply Monthly Billing Statement We will send you a billing statement after each with such procedures as we may require in connection with our monthly billing period in which you have a debit or credit balance, unless investigation. we waive our right to do so as permitted by law. The billing statement will Your Credit Lines. We will advise you of your Account credit line. We may show the purchases, cash advances, balance transfers, Interest Charges and impose a lower line that will apply to cash advances, referred to as the cash other charges or fees and the payments or other credits posted to your advance credit line. We may also impose a lower line that will apply to Account during the billing period. It will show your New Balance, Payment balance transfers, referred to as the balance transfer credit line. You agree Due Date and Minimum Payment Due as of the end of the billing period. If not to allow your unpaid balance, including Interest Charges and fees, to your prior month's payment is returned unpaid, your required Minimum exceed your Account credit line. If you exceed your Account credit line, we Payment Due may be higher than shown on your billing statement See the may request immediate payment of the amount by which you exceed your Minimum Monthly Payment section on page 5. Account credit line. Monthly Payment Options. You may at any time pay the entire New We may increase or decrease your Account credit line, your cash advance Balance shown on your billing statement, but each month you must pay at credit line or your balance transfer credit line without notice. The credit least the Minimum Payment Due as described in the Minimum Monthly available for your use may, from time to time, be less than your Account Payment section. All payments must be made in accordance with the terms credit line. For purposes of determining your available credit, we reserve stated on your monthly billing statement, as well as the payment cut -off the right to postpone for up to 15 business days reducing your unpaid time stated in this section, and we will credit your Account in accordance balances by the amount of any payment that we receive. Your available with those terms and this section. Payments received in proper form at our credit will not be increased by the amount of any credit balance. processing facility by SPM local time on any day will be credited as of that CHANGES TO THIS AGREEMENT day. Payments received in proper form at our processing facility after 5PM local time will be credited as of the next day. From time to time, we may, to the extent permitted by law, change any Automatic Billing Arrangements. If your Account number and/or Card term of this Agreement, including, but not limited to, any interest rate, fee expiration date changes and our records indicate you have automatic or method of computing any balance upon which the interest rate is billing established with a merchant, we will attempt to provide your new assessed, or add or delete any term to this Agreement. We will give you Account information to that merchant. To ensure uninterrupted billing, we notice of the change in the time and manner required by law, which recommend that you verify the merchant has your new Account includes 45 -days advance written notice in some circumstances. In information. You must contact the merchant directly if you do not wish to addition, to the extent required by law, we will offer you the opportunity continue the automatic billing arrangement. to reject a change. For example, law requires, with certain exceptions, that we offer you the opportunity to reject an increase in a late fee or the How We Apply Payments. We apply payments and credits at our discretion, elimination of a grace period prior to the effective date of the change. If including in a manner most favorable or convenient for us. In all cases, we you reject a change in accordance with the instructions in the notice will apply payments and credits in accordance with applicable law. Each provided, we will close your Account and you will no longer be able to use billing period, to the extent your payments exceed the Minimum Payment it for further transactions. You can then pay the remaining balance under Due shown on your current billing statement, we will apply these excess the unchanged term. We may also change any term of any product, service amounts generally in order of the APR applicable to the balance of each or benefit offered in connection with your Account We will notify you as transaction category (as referenced in the INTEREST CHARGES section), required by law or by the terms of the product, service or benefit from highest to lowest, beginning with the balance subject to the highest MAKING PAYMENTS APR as of the date we credit your payment. For promotional balances with the same APR, we will apply payments to the promotional balance with the Promise to Pay. You agree to pay us in U.S. dollars for all purchases, cash longest remaining duration before promotional balances with shorter advances and balance transfers including applicable Interest Charges and remaining durations. other charges or fees, incurred by you or anyone you authorize or permit to use your Account or a Card, even if you do not notify us that others are -4- 5 - 11DCM0 _02BOK_TL23AG0211_00083.indd 7 -8 1/11/11 9:41 AM Minimum Monthly Payment The Minimum Payment Due for a billing When we calculate daily balances, we add a new transaction as of the period will equal: Transaction Date shown on your billing statement, unless the transaction is (i) the greater of: posted to your Account after the close of the billing period in which it • (;40; occurs, in which case the transaction will be added to the daily balance as • 2% of the New Balance shown on your billing statement for that of the first day of the billing period in which R is posted to your Account. billing period; or All fees charged to your Account are added to the standard purchase • current Interest Charges plus Late Fees plus 520; transaction category with the exception of Cash Advance Fees which are (ii) any past due amount. added to the applicable cash advance transaction category and Balance Transfer Fees which are added to the applicable balance transfer transaction We may also include some or all the amount by which you exceed your category. Account credit line. When we calculate the Minimum Payment Due, we Balance Subjectto interest Rate. Yourstatement shows a Balance Subject to may subtract from the New Balance certain fees added to your Account Interest Rate. It shows this for each transaction category . The Balance during the billing period. The Minimum Payment Due will be rounded up Subject to Interest Rate shown on yourstatement isthe average ofthe daily to the nearest dollar and will never exceed the New Balance. balances during the billing period. Skip -A- Payment Offers. We may from time to time allow you to not make Paying Interest We begin to impose Interest Charges on all transactions a Minimum Payment Due and will notify you when this option is available. and fees from the Transaction Date shown on your billing statement for the If you take advantage of this offer and do not make a Minimum Payment transaction or fee. However, if a transaction or fee is posted to your Due, Interest Charges and any applicable fees will accrue on your Account Account after the close of the billing period in which it occurs, we begin to in accordance with this Agreement and you must pay the Minimum impose Interest Charges on that transaction or fee from the first day of the Payment Due for the following billing periods. billing period in which it is posted to your Account. We begin to impose Credit Balances. We will refund any credit balance within seven business Interest Charges on Interest Charges from the date they are added to your days from receipt of your written request. If you do not request a refund, Account. We continue to impose Interest Charges on all transactions, fees we will automatically refund credit balances greater than $1 that remain in and Interest Charges until you pay the total amount you owe us. Your due your Account after 6 months. date will be at least 25 days after the close of each billing period except that Pay -By- Phone. We may from time to time allow you to make payments by it will be at least 23 days after the close of each billing period that begins authorizing us over the telephone to transfer or pay funds from a deposit in February. If you paid the New Balance on your previous billing statement account to your Account. We will not charge you a Pay -By -Phone Fee. by the Payment Due Date shown on that billing statement, we will not INTEREST CHARGES impose Interest Charges on new purchases, that is purchases first appearing How We Calculate Interest Charges — Daily Balance Method (including on the current billing statement, or any portion of a new purchase, paid by current transactions): We figure Interest Charges for each billing period. To the Payment Due Date on your current billing statement. We call this the do this: 'grace period." There is no grace period on balance transfers or cash advances. As more fully described in the section titled "How We Apply • We calculate your Interest Charges separately for each balance subject to Payments," we apply payments in a manner most favorable or convenient different terms (for example, standard purchases, standard cash advances for us and, to the extent your payments exceed the Minimum Payment Due and each purchase, balance transfer and cash advance balance subject to shown on your current billing statement, we will apply such excess amounts promotional terms). We refer to these balances as transaction categories. generally in order of the APR applicable to the balance of each transaction • We figure the "daily balance" for each transaction category. To get the category (as referenced in the INTEREST CHARGES section), from highest to "daily balance" we take the beginning balance for each day, add any new lowest, beginning with the balance subject to the highest APR as of the transactions and fees and any Interest Charges accrued on the previous date we credit your payment. This means that if you do not pay your day's daily balance. We then subtract any credits and payments and make balance in full each month, then, depending on the balance to which we other adjustments (including those adjustments required in the section allocate your payment, you may not be able to get a grace period on new titled Paying Interest). In calculating the daily balance for the first day of purchases. the billing period, we consider the "previous day's daily balance" to have Annual Percentage Rates. The daily periodic rate and corresponding APR been your balance on the last day of your previous billing period. This that apply to each transaction category are set forth in your Pricing gives us the daily balance for each transaction category. Schedule. The daily periodic rate is 1/365th of the corresponding APR. • We figure the Interest Charges on your Account by multiplying the daily Variable Interest Rates. One or more daily periodic rates and corresponding balance for each transaction category by its daily periodic rate, for each APRs that apply to a transaction category may be variable rates as set forth day in the billing period. in your Pricing Schedule or in any special offers you receive from us. • The total Interest Charges for the billing period are the sum of the daily Variable APRS are determined by adding a specified number of percentage Interest Charges for each transaction category for each day during that points to the Prime Rate. This is shown on the Pricing Schedule as "Prime + billing period. (percentage points)." For purposes of this Agreement, the Prime Rate is the 6_ -7- 11DCM0 _02BOK_TL23AG0211_00083.indd 9 -10 1/11/11 9:41 AM highest rate of interest listed as the "prime rate" in the Money Rates balance transfer with a minimum Balance Transfer Fee of $10 and no section of The Wall Street Journal on the last business day of the month. maximum. The Prime Rate is merely a pricing index and does not represent the lowest Foreign Currency Fee. We will charge you a Foreign Currency Fee of 2% of or best interest rate available to a borrower at any bank at any given time. the U.S. dollar amount of each purchase made in a foreign currency. If you have a variable rate, your APR will increase or decrease when the Minimum Interest Charge. We will charge you a minimum Interest Charge Prime Rate changes. This change will be effective beginning with the first of $.50 for any billing period in which Interest Charges of less than $.50 day of the billing period that begins during the same calendar month as the would otherwise be imposed. change in the Prime Rate. An increase in the APR may increase your Annual Fee. If your Pricing Schedule accompanying your Card includes an Minimum Payment Due. Annual Fee, we will charge you an Annual Fee in the amount indicated. We Penalty APR. Each time that you do not make the Minimum Payment Due will charge you this fee when we open your Account and at the beginning by the Payment Due Date we may, in accordance with applicable law: of each anniversary year your Account is open. The Annual Fee is not (i) terminate the availability of any promotional APRs on new purchases refundable, except as provided by law. and balance transfers; and Late Fee. We will charge you a Late Fee if you have failed, as of the Payment (ii) increase your APRs for new purchases and balance transfers to variable Due Date, to make the Minimum Payment Due that was required to be paid Penalty APRs. for that billing period. The amount of the Late Fee is $25, except the Each new variable Penalty APR for a new purchase or balance transfer is amount of any subsequent Late Fee assessed during the next six billing determined by adding up to 5 additional percentage points to the periods after a Late Fee is assessed is $35. The Late Fee will never exceed the otherwise applicable APR and will vary based on any changes in the Prime Minimum Payment Due that was due immediately prior to the date on Rate. (For example, if the promotional purchase rate was 2.99% and the which the Late Fee was assessed and will never exceed the amount rate for other purchases was 15.99% and you paid late once, the rate for all permitted by law. new purchases could increase up to 20.99% variable and vary thereafter Returned Payment Fee. We will charge you a Returned Payment Fee any with the Prime Rate.) When we first determine the variable Penalty APRs, time you pay us with a check or other instrument that is returned unpaid. we use the Prime Rate effective for the billing period in which you pay late. This fee will also apply if a debit transaction to a deposit account from The variable Penalty APRs are determined in accordance with the Variable which you have authorized us in writing, electronically or orally, to deduct Interest Rates section. We will base your PenaltyAPR on your creditworthiness all or a part of an amount you owe us under this Agreement is returned and other factors such as your current APRs and your Account history. If we unpaid. We will charge you this fee the first time any payment is returned increase any of your APRs to a Penalty APR, we will send you a notice, in unpaid, even if it is paid upon resubmission. The amount of the fee is $25, accordance with applicable law, advising of (i) the date the new Penalty except the amount of any subsequent Retumed Payment Fee assessed APR will apply (the "Penalty APR Effective Date ") and (ii) the new purchases during the next six billing periods after a Returned Payment Fee is assessed and balance transfers to which it will be applied (note: the new Penalty APR is $35. The Returned Payment Fee will never exceed the Minimum Payment will not apply to any other transactions). New purchases and balance Due that was due immediately prior to the date on which the payment was transfers are those purchases and balance transfers which either (i) have a returned to us and will never exceed the amount permitted by law. Transaction Date, as shown on your billing statement, of more than Returned Discover Card Check Fee. We will charge you a Returned Discover fourteen days after we mail or deliver the notice to you, or (ii) were posted Card Check Fee each time we decline to honor a Discover Card cash advance to your Account after the current Penalty APR Effective Date. Your Account check, balance transfer check, promotional purchase check, or other will not be subject to a Penalty APR for the first twelve billing periods after promotional check. The amount of the fee is $25, except the amount of any your Account is first opened. subsequent Returned Discover Card Check Fee assessed during the next six If your APR for purchases or balance transfers was increased to a Penalty billing periods after a Returned Discover Card Check Fee is assessed is $35. APR, we will, to the extent required by applicable law, periodically review The Returned Discover Card Check Fee will never exceed the amount of the your Account to determine if any of those APRs should be reduced. Any check and will never exceed the amount permitted by law. reduced APRs on new and existing balances may be different and may be Research Fee. We may charge you a Research Fee of $5 for each copy of a higher than your previous standard APRs for purchases and/or balance billing statement or sales slip that you request. However, we will not charge transfers or any promotional rate. a fee if you request copies in connection with a billing error. FEES DEFAULT AND CANCELLATION Cash Advance Fee. Unless otherwise specified in a cash advance offer, we Types of Defauh. You are in default if you become insolvent; if you file a will charge you a Cash Advance Fee in the amount indicated on your Pricing bankruptcy petition or have one filed against you; if we have a reasonable Schedule. All forms of cash advances, including the use of Discover Card belief that you are unable or unwilling to repay your obligations to us; if checks, regardless of the purpose for which used, are subject to a Cash you are declared incompetent by a court or if a court appoints a guardian Advance Fee. for you or a conservator for your assets; if you die; if you fail to comply with Balance Transfer Fee. Unless otherwise specified in a balance transfer offer, the terms of this Agreement, including failing to make a required payment we will charge you a Balance Transfer Fee of 5% of the amount of each new 8 -9- 11DCMO _02BOK_TL23AG0211_00083.indd 11 -12 1A 1/11 9.41 AM i when due, exceeding your Account credit line or using your Card or Releasing Information About Your Account We provide various methods Account for a Prohibited Transaction; or if you fail to make a required by which you can obtain information about your Account. We will only payment when due on any other account you have with us. release such information to you, any Authorized User that our records Consequences of Default If you are in default, we may declare the entire indicate is an authorized buyer on your Account, and any other person with balance of your Account immediately due and payable without notice. If your prior permission, in addition to as provided in our Privacy Policy or as we refer the collection of your Account to an attorney or employ an required by law. Our security measures cannot insure against unauthorized attorney to represent us with regard to recovery of money that you owe us, inquiries. You agree that we will not be responsible for the release of we may charge you reasonable attorneys' fees and court or other collection information to anyone who, even if without your authorization or costs as permitted by law and as actually incurred by us, including fees and permission, has gained possession of a Card or has learned other identifying costs in connection with any appeal. We may delay enforcing or not enforce characteristics about you such as your personal identification number, any of our rights under this Agreement without losing or waiving any of Account number or social security number. them. Electronic Notices to You. We may offer you the opportunity to receive Cancellation. You may cancel your Account by notifying us in writing or by certain notices from us electronically rather than through the mail, telephone and returning or destroying every Card and unused check that including monthly billing statements and change of terms notices. The we have provided you. You can notify us by telephoning 1- 800 - DISCOVER terms and conditions for receiving these electronic communications will be (1- 800 -347- 2683), or by writing Discover, PO Box 30943, Salt Lake City, UT described in the offer. 84130-0943. Of course, you will still be responsible to pay any amount you Notices — Changes to Your Information. If you change your e-mail address, owe us according to the terms of this Agreement. If your Account is a joint mailing address or telephone number you must notify us of your new Account, either Cardmember may cancel the Account, but you will both address or telephone number within 15 days. You can notify us by remain responsible to pay any amount owed to us according to the terms telephoning 1- 800 - DISCOVER (1- 800 -347 -2683) or by writing Discover, PO of this Agreement We may cancel or suspend your Account at any time Box 30943, Salt Lake City, UT 84130.0943. If your Account is a joint Account, without notice. We may choose not to renew your Account (beyond the any notice we mail to an address you have provided for the Account will expiration date shown on the face of a Card) without notice. You must serve as notice to both Cardmembers. return any Card or unused checks to us upon request. CLAIMS AND DISPUTES PRIVACY AND OUR COMMUNICATIONS WITH YOU Merchant Disputes. We are not responsible for the refusal of anyone to Our Privacy Policy. We may from time to time review your credit, accept or honor a Card or to accept checks that we have provided you. If a employment and income records. We respect the privacy of information merchant fails to provide your purchase to your satisfaction and you about you and your Account. Our Privacy Policy includes a summary of the request a credit to your Account, we will investigate the dispute. If we personal information we collect, when it may be shared with others, how resolve the dispute in your favor, we will issue a credit to your Account and we safeguard the confidentiality and security of information and the steps you will be deemed to have assigned to us your claim against the merchant you may take to limit our sharing of such information with others. Please and/or any third party for the credited amount. Upon our request, you read it carefully as it is part of your Cardmember Agreement. agree to provide us with written evidence of such assignment. Reporting to Credit Reporting Agencies. As indicated in our Privacy Policy, Claim Notices. In the event that you or we have a claim that arises from or we may report to credit reporting agencies and other creditors the status relates to your Account, any prior account you had with us, your and payment history of your Account, including negative credit information. application, the relationships which result from your Account or the Late payments, missed payments or other defaults on your Account may be enforceability of the Agreement or any prior agreement, before initiating, reflected in your credit report. We normally report to such credit reporting joining or participating in any judicial or arbitration proceeding, as either agencies each month. If you believe that our report of your Account status an individual litigant or member of a class ( "Proceeding "), the complaining is inaccurate or incomplete, please write us at the following address: parry shall give the other parry: (1) a written notice of the claim ( "Claim Discover, PO Box 15316, Wilmington, DE 19850.5316. Please include your Notice "), at least 15 days before initiating any Proceeding, explaining in name, address, home telephone number and Account number. reasonable detail the nature of the claim and any supporting facts; and (2) Our communications with You. You agree that our personnel may listen to a reasonable good faith opportunity to resolve the claim without the or record telephone calls between you and our representatives without necessity of a Proceeding. This includes any claims involving our parent additional notice to you, including but not limited to calls we make to corporation, subsidiaries, affiliates (including, without limitation, DFS collect debts. We may use any medium permitted by law, including but not Services LLC), predecessors, successors, assigns, as well as the officers, limited to mail, live telephone calls, automated telephone equipment, directors and employees of each of these entities. Any Claim Notice shall be prerecorded telephone calls, e-mail, text messages and calls to your cell sent to us at Discover, PO Box 3024, New Albany, OH 43054 (or such other phone to contact you about your Account or to offer you products or address as we shall subsequently provide to you) (the "Claim Notice services that may be of value to you. If you prefer not to be contacted in Address ") or to you at your address appearing in our records or, if you are one or more of these ways, you must eithertelephone us at 1- 800 - DISCOVER represented by counsel, to your attorney at your attorney's office. (1- 800 -347 -2683) or write to us at Discover, PO Box 30961, Salt Lake City, UT Arbitration of Disputes. Agreement to arbitrate. In the event of any past, 84130.0961. 10- 11 _ 11DCM0- 0280K— TL23AG0211_00083.indd 13 -14 1/11/11 8.41 AM present or future claim or dispute (whether based upon contract, tort, to pursue a claim or dispute as a result of our electing to arbitrate that claim statute, common law or equity) between you and us arising from or or dispute. Send requests to Discover, PO Box 30421, Salt Lake City, UT relating to your Account, any prior account you have had with us, your 84130 -0421. The arbitrator will decide who will ultimately be responsible application, the relationships which result from your Account or the for paying those fees. You will only be responsible for paying or reimbursing enforceability or scope of this arbitration provision, of the Agreement or of Our arbitration filing, administrative or hearing fees to the extent you any prior agreement, you or we may elect to resolve the claim or dispute by would have been responsible for paying "attorneys' fees and court or other binding arbitration. IF EITHER YOU OR WE ELECT ARBITRATION, NEITHER collection costs" had the action proceeded in court. In no event will you be YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT required to pay any fees or costs incurred by us in connection with an OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE - HEARING DISCOVERY arbitration proceeding where such a payment or reimbursement is RIGHTS AND POST- HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER prohibited by applicable law. YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN Hearings and Decisions. Any arbitration hearing will take place in the ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WITH RESPECT TO federal judicial district where you reside. The arbitrator shall follow OTHER ACCOUNTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS applicable substantive law to the extent consistent with the FAA and A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY applicable statutes of limitations and shall honor claims of privilege GENERAL CAPACITY ( - Class Action Waiver "). recognized at law and shall be authorized to award all remedies permitted Notwithstanding anything else to the contrary in this arbitration provision, by the substantive laws that would apply if the action were pending in only a court, and not an arbitrator, shall determine the validity and effect court. If requested by any party, the arbitrator shall write an opinion of the Class Action Waiver. Even if all parties have opted to litigate a claim containing the reasons for the award. The arbitrator's decision will be final in court, you or we may elect arbitration with respect to any claim made by and binding except for any appeal rights under the FAA and except that if a new party or any new claims later asserted in that lawsuit and nothing the amount in controversy exceeds $100,000, any party may appeal the undertaken therein shall constitute a waiver of any rights under this award within 30 days to a three - arbitrator panel, which shall review the arbitration provision. We will not invoke our right to arbitrate an individual award de novo. Unless applicable law provides otherwise, the appealing claim you bring in small claims court or your state's equivalent court, if any, parry will pay the cost of the appeal, regardless of its outcome. However, unless such action is transferred, removed or appealed to a different court. we will consider in good faith any reasonable request for us to bear the fees Governing Law and Rules. Your Account involves interstate commerce and charged by the arbitration administrator and the arbitrators in connection this provision shall be governed by the Federal Arbitration Act (FAA). The with the appeal. Judgment upon any award by the arbitrator may be arbitration shall be conducted, at the option of whoever files the enforced in any court having jurisdiction. arbitration claim, by either the American Arbitration Association (AAA) or Other Beneficiaries of this Provision. Our rights and obligations under this JAMS in accordance with their procedures in effect when the claim is filed. arbitration provision shall inure to the benefit of and be binding upon our For a copy of their procedures, to file a claim or for other information, parent corporations, subsidiaries, affiliates (including, without limitation, contact AAA at 335 Madison Ave., Floor 10, New York, NY 10017 -5905, DFS Services LLC), predecessors, successors, assigns, as well as the officers, www.adr.org (phone 1- 800 - 778 -7879) or JAMS at 620 Eighth Ave., Floor 34, directors and employees of each of these entities, and will also inure to the New York, NY 10018, www.jamsadr.com (phone 1- 800 - 352 - 5267). No other benefit of any third party named as a co- defendant with us or with any of 'arbitration forum will be permitted, except as agreed to pursuant to either the foregoing in a claim which is subject to this arbitration provision. Your the Changes to this Agreement section or a writing signed by both parties. rights and obligations under this arbitration provision shall inure to the If neither AAA nor JAMS is able or willing to serve as the arbitration benefit of and be binding upon all persons contractually liable under this administrator and we and you are unable to agree on a replacement Agreement and all Authorized Users of the Account. administrator or arbitrator, then a court of competent jurisdiction will Survival of this Provision. This arbitration provision shall survive termination appoint an administrator or arbitrator or arbitrators (in the case of an of your Account as well as voluntary payment in full by you, any legal appeal to a panel of three arbitrators as described below). Unless consented proceedings by us to collect a debt owed by you, any bankruptcy by you to by all parties, no arbitration may be administered by any administrator and any sale by us of your Account or arbitrated by any arbitrator that has any formal or informal policy, rule Right to Reject Arbitration. You may reject the Arbitration of Disputes or procedure that is inconsistent with or purports to override the terms of section by providing us a notice of rejection within 30 days after receiving this section. If we elect to resolve a claim or dispute by binding arbitration a Card, at the following address: Discover, PO Box 30938, Salt Lake City, LIT and the arbitrator issues an award in your favor on a claim or claims with 84130 -0938. If you were previously subject to arbitration with respect to any respect to which you would not otherwise be entitled to recover your account with us, this right to reject arbitration will not apply to you. Your arbitration filing, administrative and hearing fees, reasonable attorneys' rejection notice must include your name, address, telephone number, fees and/or other arbitration costs, we will be responsible for paying or Account number and signature and must not be sent with any other reimbursing such costs and fees if awarded by the arbitrator. correspondence. Calling us to indicate that you reject the Arbitration of Fees and Costs. At your written request, we will advance any arbitration Disputes section or sending a rejection notice in a manner or format that filing, administrative and hearing fees which you would be required to pay does not comply with all applicable requirements is insufficient notice. In -12- -13- 11 DCM0 _02BOK_TL23AGO211_00083.indd 15 -16 1/11/11 9:41 AM order to process your notice, we require that the notice be provided by you You must contact us: directly and not through a third party. Rejection of arbitration will not • Within 60 days after the error appeared on your statement. affect your other rights or responsibilities under this Agreement or your . At least 3 business days before an automated payment is scheduled, if you obligation to arbitrate disputes under any other account as to which you want to stop payment on the amount you think is wrong. and we have agreed to arbitrate disputes. If you do not send a rejection notice, you will be obligated by the Arbitration of Disputes section with You must notify us of any potential errors in writing You may call us, but if respect to this and any prior account you have had with us, even if you have you do we are not required to investigate any potential errors and you may previously sent a rejection notice with respect to that prior account, have to pay the amount in question. LEGAL INTERPRETATION OF THIS AGREEMENT What Will Happen After We Receive Your Letter Severability. If any part of this Agreement becomes unenforceable, it will When we receive your letter, we must do two things: not make any other part unenforceable, except that if the Class Action 1. Within 30 days of receiving your letter, we must tell you that we received Waiver set forth above in the Arbitration of Disputes section is invalidated your letter. We will also tell you if we have already corrected the error. in any proceeding in which you and we are involved, then the Arbitration 2. Within 90 days of receiving your letter, we must either correct the error of Disputes section will be void with respect to that proceeding. or explain to you why we believe the bill is correct. Compliance with Interest Rate Limitations. We intend that this Agreement While we investigate whether or not there has been an error. will comply with applicable interest rate limitations. You will not be . We cannot try to collect the amount in question, or report you as required to pay Interest Charges or other charges at a rate that is greater delinquent on that amount. than the maximum amount permitted by law. If it is ever finally determined that, but for this section, the Interest Charges or other charges under this • The charge in question may remain on your statement, and we may Agreement would exceed the maximum lawful amount, the Interest continue to charge you interest on that amount. Charges and other charges will be reduced to the maximum lawful amount. • While you do not have to pay the amount in question, you are responsible Any excess amount that you have already paid will be used to reduce the for the remainder of your balance. outstanding balance of your Account or will be refunded to you by means . We can apply any unpaid amount against your credit limit. of a check in our discretion. After we finish our investigation, one of two things will happen: Governing Law. This Agreement and any claim or dispute arising out of . If we made a mistake You will not have to pay the amount in question or this Agreement will be governed by applicable federal law and, to the extent state law applies, Delaware law. any interest or other fees related to that amount. ASSIGNMENT OF ACCOUNT • If we do not believe there was a mistake You will have to pay the amount in question, along with applicable interest and fees. We will send you a We may sell, assign or transfer your Account or any portion thereof without statement of the amount you owe and the date payment is due. We may notice to you. You may not sell, assign or transfer your Account without first then report you as delinquent if you do not pay the amount we think you obtaining our prior written consent. owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, Your Billing Rights: we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we Keep This Document For Future Use reported you as delinquent, and we must let those organizations know This notice tells you about your rights and our responsibilities under the when the matter has been settled between us. Fair Credit Billing Act If we do not follow all of the rules above, you do not have to pay the first What To Do If You FindA Mistake On Your Statement $50 of the amount you question even if your bill is correct. If you think there is an error on your statement, write to us at: Your Rights ff You Are Dissatisfied With Your Credit Card Purchases Discover If you are dissatisfied with the goods or services that you have purchased PO Box 30421 with your credit card, and you have tried in good faith to correct the Salt Lake City, UT 84130 -0421. problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. In your letter, give us the following information: To use this right, all of the following must be true: • Account information Your name and account number. 1. The purchase must have been made in your home state or within 100 • Dollar amount The dollar amount of the suspected error. miles of your current mailing address, and the purchase price must have • Description of Problem If you think there is an error on your bill, describe been more than $So. (Note: Neither of these are necessary if your Mat you believe is wrong and why you believe it is a mistake, purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) -14- 15- 11DCM0 _02BOK_TL23AGO211_00083.indd 17 -18 1/11/11 9:41 AM 2. You must have used your credit card for the purchase. Purchases made DEFINITIONS: with cash advances from an ATM or with a check that accesses your credit Accident or Accidental means a sudden, unforeseen and unexpected event card account do not qualify. happening by chance, and includes unavoidable exposure to elements 3. You must not yet have fully paid for the purchase. arising from a covered Hazard. If all of the criteria above are met and you are still dissatisfied with the Accidental Bodily Injuryfies) means bodily injury which is Accidental, is the purchase, contact us in writing at: direct source of a Loss, is independent of disease, illness or other cause and Discover occurs while this policy is in force. PO Box 30945 Account means a Card account Salt Lake City, UT 84130 -0945 Benefit Amount means the Loss amount at the time the entire cost of the While we investigate, the same rules apply to the disputed amount as passenger fare is charged to an Account. discussed above. After we finish our investigation, we will tell you our Card means the Discover Card. decision. At that point, if we think you owe an amount and you do not pay, Cardmember means the holder of the Card whose name appears on the we may report you as delinquent. credit card. Companv means the Federal Insurance Company. DESCRIPTION OF COVERAGE Covered Trip means travel on a Scheduled Aircraft when the entire cost of SCHEDULED AIR TRAVEL ACCIDENT INSURANCE the passenger fare for such transportation, less redeemable certificates, vouchers or coupons, has been charged to the Insured Person's Account. Discover® Cardmembers are provided with $500,000 Scheduled Air Travel Dependent Child or Children means those children, including adopted Accident Insurance.* You, your Spouse, Domestic Partner or eligible children and those children placed for adoption, who are primarily Dependent Children for whom a ticket was purchased on your Card (as dependent upon the Insured Person for maintenance and support and who defined below) will be automatically insured against Accidental Loss of Life are: (1) under the age of 19 and reside with the Insured Person; (2) beyond arising from and occurring on a Covered Trip while you, your Spouse, the age of 19, permanently mentally or physically challenged and incapable Domestic Partner or eligible Dependent Children for whom a ticket was of self support; or (3) under the age of 25 and classified as full -time students purchased on your Card are riding as a passenger in or entering, exiting or at an institution of higher learning. being struck by a Scheduled Aircraft or a conveyance operated by a military Domestic Partner means a person who: (1) is at least 18 years of age and transport service or riding as a passenger in or entering or exiting any competent to enter into a contract; (2) is not related to the Insured Person conveyance licensedto carrythe publicfor a fee and whiletraveling directly by blood; (3) has exclusively lived with the Insured Person for at least one to or from the airport immediately preceding the departure of a Scheduled year prior to the date of enrollment; (4) is not legally married or separated; Aircraft on which the Insured Person has purchased passage and and (5) as of the date of enrollment, has with the Insured Person at least immediately following the arrival of a Schedule Aircraft on which the two of the following financial arrangements: (a) a joint mortgage or lease, Insured Person was a passenger. (b) a joint bank account; (c) joint title to or ownership of a motor vehicle or *Coverage is underwritten by Federal Insurance Company, a member status as a joint lessee on a motor vehicle lease; or (d) a joint credit card insurer of the Chubb Group of Insurance Companies. Certain limitations account with a financial institution. Neither the Insured Person nor the and exclusions apply. Domestic Partner can be married to, nor in a civil union with, anyone else. PLAN FEATURES Hazard means the covered circumstances for which this insurance is THE BENEFITS: The full Benefit Amount ($500,000) is payable for Accidental provided as stated in Section III of the Declarations, Hazards, and described Loss of Life. The Loss must occur within one year of the Accident. in the Hazards form, as described on page 1 of this Description of Coverage. MAXIMUM LIMIT OF INSURANCE: If more than one Insured Person suffers Insured Person means all Cardmembers, their spouses, Domestic Partners a Loss in the same Accident, the Company will not pay more than the and Dependent Children, as well as authorized users of the Account maximum limit of insurance ($20,000,000) per Accident. If an Accident Loss means the Loss of Life. results in Benefit Amounts becoming payable, which when totaled, exceed Lass of Life means death, including clinical death determined by the local the applicable limit of insurance shown above, the maximum limit of governing medical authorities. insurance will be divided proportionally among the Insured Persons, based Policyholde r means DFS Services LLC, the entity responsible for the payment on each applicable Benefit Amount. In the event of multiple Accidental of premium. deaths per Account arising from any one Accident, the Company's liability for all such Losses will be limited to a maximum limit of insurance equal to Scheduled Aircraft means an aircraft owned and/or operated by a two times the applicable Benefit Amount for Loss of Life. Benefits will be Scheduled Airline. proportionately divided among the Insured Persons up to the maximum Scheduled Airline means an airline which is either of United States registry limit of insurance. and certified by the United States government to carry passengers on a -15- 17- 11DCM0 _02BOILTL23AG0211_00083.indd 19 -20 1/11/11 9:41 AM regularly scheduled basis or of foreign register and approved by the United CLAIM NOTICE: Written claim notice must be given to the Company within States government and the appropriate foreign authority. 90 days after the occurrence of any Loss covered by this policy or as soon as War means hostilities following a declaration of War by a government reasonably possible. Failure to give notice within 90 days will not invalidate authority. If there is no declaration of War, then (1) armed, open and or reduce any otherwise valid claim if notice is given as soon as reasonably continuous hostilities between two countries or (2) armed, open and possible. continuous hostilities between two factions, each in control of territory, or CLAIM FORMS: When the Company receives notice of a claim, the Company claiming jurisdiction over the site of the area of hostility. will send you forms for giving proof of Loss to us within 15 days. If you do DISAPPEARANCE BENEFITS: If the Insured Person has not been found within not receive the forms, you should send the Company a written description one year of the disappearance, stranding, sinking, wrecking or breakdown of the Loss. of any Scheduled Aircraft or conveyance in which the Insured Person was CLAIM PROOF OF LOSS: Complete proof of Loss must be given to Company covered as an occupant, it will be assumed, subject to all other terms of the within 90 days after the date of Loss, or as soon as reasonably possible. policy, - that the Insured Person has suffered Loss of Life covered under this Failure to give complete proof of Loss within these time frames will not policy. invalidate any otherwise valid claim if notice is given as soon as reasonably EXPOSURE BENEFITS: Accident includes unavoidable exposure to elements possible and in no event later than one year after the deadline to submit arising from a covered Hazard. complete proof of Loss. ELIGIBILITY: This insurance plan is provided to Insured Persons automatically CLAIM PAYMENT: The Company will pay you or your beneficiary the when the entire cost of the passenger fare(s) on a Scheduled Airline is applicable Benefit Amount within 60 days after complete proof of Loss is charged to the Cardmember's Account while the insurance is effective. It is received and if you, the Policyholder and/or the beneficiary have complied not necessary for you to notify the Policyholder or the Company when with all the terms of the policy. Scheduled Airline tickets are purchased. ARBITRATION: In the event of a dispute under this policy, either the EFFECTIVE DATES: Your insurance under this insurance plan is effective on Company or the Insured Person may make a written demand for the later of: 1) April 1, 2007; or 2) the date you become an eligible arbitration. In that case, the Company and the Insured Person will each Cardmember. Your insurance coverage under this insurance plan will cease select an arbitrator. The two arbitrators will select a third. If they cannot on the earlier of: (1) the date the insurance coverage is terminated; or (2) agree within 15 days, either the Company or the Insured Person may the date you cease to be an eligible Cardmember. request that the choice of arbitrator be submitted to the American Arbitration Association. The arbitration will be held in the state of the COST. This insurance plan is provided at no additional cost to eligible Insured Person's principal residence. Insured Persons for Covered Trips. Policyholder pays the full cost of the insurance. IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CLAIMS THE BENEFICIARY: The Loss of Life benefit will be paid to the beneficiary SERVICE CENTER AT 1- 800 - CLAIMS -0 (1. 800 -252. 4670). designated by you. If no such designation has been made, that benefit will You can also go to the Company Web site (wvw..chubb.com), click on be paid to the first surviving beneficiary in the following order: a) your Report a Lass, select Accident, Benefits and Life claims, select the spouse; b) your children; c) your parents d) your brothers and sisters, e) your appropriate form, print out the claim form, fill out and mail. You can file a estate. All other indemnities will be paid to you. If you wish to change your claim by mail or fax. beneficiary, you may request a beneficiary designation form by writing to Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES the plan administrator at: The Direct Marketing Group, Inc., 13265 Bedford CLAIMS SERVICE CENTER Avenue, Omaha, NE 68164 or at Beneficiaryrequest @TheDirectMG.com. 600 INDEPENDENCE PARKWAY EXCLUSIONS: This insurance plan does not cover Loss resulting from: (1) an PO BOX 4700 Accident occurring while an Insured Person is in, entering, or exiting any CHESAPEAKE, VA 23327 -4700 aircraft owned, leased or operated by this Policyholder or any aircraft Fax Number. 1- 800 -300 -2538 owned, leased or operated by an employee of the Policyholder on behalf As a handy reference guide, please read this and keep it in a safe place with of the Policyholder (this exclusion does not apply to aircraft chartered with your other insurance documents. This description of coverage is not a pilot or crew on one time charter basis), (2) an accident while an Insured contract of insurance but is a summary of the principal provisions of the Person is in, entering, or exiting any aircraft while acting or training as a insurance while in effect. Complete policy provisions are contained in the pilot or crew member (this exclusion does not apply to passengers who Master Policy, which can be obtained from the Policyholder: temporarily perform pilot or crew functions in a life threatening Policy #9906-18-06 emergency); (3) emotional trauma, mental or physical illness, disease, Policy Underwritten By Plan Administrator pregnancy, childbirth or miscarriage, bacterial or viral infection, or bodily Federal Insurance Company The Direct Marketing Group, Inc malfunctions (except bacterial infection caused by an Accident or from a member insurer of the 13265 Bedford Avenue Accidental consumption of a substance contaminated by bacteria); (4) Chubb Group of Insurance Companies Omaha, NE 68164 suicide, attempted suicide or Loss that is intentionally self - inflicted; or (5) 15 Mountain View Road, PO Box 1615 declared or undeclared War. Warren, NJ 07061 -1651 18 19 11DGM0 _02BOK_TL23AG0211_00083.1ndd 21 -22 1/11/11 9:41 AM DESCRIPTION OF COVERAGE subject to all the terms of the Policy, the Company agrees to reimburse on SECONDARY RENTAL CAR COLLISION COVERAGE an Actual Cash Value basis either the Insured or the Rental Agency for Discover® Cardmembers can benefit from the security and safety offered repair or replacement of the Rented Automobile as a result of Collision through Excess Collision Damage Waiver. If security rent a vehicle for 31 Damage to the Rented Automobile. The Company's liability will be for a 9 9 Y maximum reimbursement of $25,000. In no event will the Company be consecutive days or less (or 45 days under certain circumstances described liable beyond the amounts actually paid by the Insured or the Rental below) with your Card (as defined below), you may be eligible for benefits Agency. under this coverage. Excess Collision Damage Waiver is an insurance If you or an Insured's primary vehicle insurance or other coverage has program, underwritten by Federal Insurance Company Policy #9906 -17 -63 made payments for a covered loss, Excess Collision Damage Waiver will (the "Policy"). cover your deductible and any other eligible amounts not covered by DEFINITIONS: otherinsurance. Account means a Card account. • This coverage is not all- inclusive, which means it does not cover such Actual Cash Value means the cost to repair or replace the Rented things as personal injury or personal liability. It does not cover you for any Automobile at the time of loss, less depreciation. damages to other vehicles or property. It does not cover you for any injury Cardmember means the holder of the Card whose name appears on the to any party. credit card. WHO 15 COVERED: Card means the Discover Card. • Discover Cardmembers Collision Damage means the direct and accidental damage to a Rented EXCLUDED RENTAL VEHICLES: Automobile caused by upset or collision with another object. Collision Off -road, antique or limited edition motor vehicles; trucks; recreational Damage does not include loss caused by missiles, falling objects, fire, theft vehicles, campers, pickup trucks, and mini - buses; limited edition motor or larceny, explosion, earthquake, windstorm, hail, water, flood, malicious vehicles or high value, exotic, high performance or collector type. High mischief or vandalism, riot or civil commotion. value motor vehicles are motor vehicles whose replacement value exceeds Comaanv means the Federal Insurance Company. $50,000, and antique motor vehicles are defined as any vehicle over 25 Insured means Cardmembers and authorized users of the Account. years old, or any vehicle which has not been manufactured for 10 years or Poliqtolde r means DFS Services LLC, the entity responsible for the payment more. of premium. WHERE YOU ARE COVERED: Rental Agency means a commercial automobile rental company licensed • Coverage applies to vehicles rented anywhere in the world. under the laws of the applicable jurisdiction. • Coverage is not available where prohibited by law. Rented Automobile means a four - wheeled private passenger type motor WHAT IS NOT COVERED: vehicle or a minivan manufactured and designed to transport a maximum Coverage does not apply to loss resulting from the fallowing: of seven passengers and used excursively to carry passengers. A Rented Any dishonest, fraudulent or criminal act of the Insured. Automobile must be designed for travel on public roads and rented from Rental Agency. • Forgery by the Insured. TO GET COVERAGE: • Loss due to war or confiscation by authorities. • The Collision Damage Waiver Coverage is provided to you, as an Insured, • Loss due to nuclear reaction or radioactive contamination. automatically when the entire rental fee for the Rented Automobile is • The Insured being intoxicated, as defined by the laws of the jurisdiction charged or debited to your Account It is not necessary for you to notify where the loss occurred, or under the influence of any narcotic unless the Company at the time the rental fee is charged or debited to your prescribed by a physician. Account. • Use of the Rented Automobile to carry passengers and property for hire. • You must decline the LosslDamage Waiver offered by the vehicle Rental • Use of the Rented Automobile by a person other than the one authorized Agency, to operate the Rented Automobile by the terms of the Rental Agreement. • You must rent the vehicle in your own name and sign the vehicle rental • Loss of use of the Rented Automobile. agreement1contract. • Intentional damage to the Rented Automobile by the Insured. • The coverage period will not exceed 31 consecutive days, or 45 • Damage which is due and confined to wear and tear, freezing, mechanical consecutive days if the Insured is an employee of an organization which or electrical breakdown or failure. has provided a Card to the Insured for business use. • Damage to tires unless the loss is coincident with a covered loss. THE KIND OF COVERAGE YOU RECEIVE: • Use of the Rented Automobile in tests, races or contests. In consideration of the premium paid by the Policyholder as required, and . The Rented Automobile being operated or located in any territory prohibited by the terms of the Rental Agreement. -20- -21- 11OCM0 _02BOK_TL23AG0211_00083.indd 23-24 1/11/11 9:41 AM FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS: INSURANCE DISCLOSURES To the extent that this plan provides insurance against damage to a rented As a handy reference guide, please read this document and keep it in a safe motor vehicle, the following terms and conditions apply: (1) the period of place with your other insurance documents. This Summary of Coverage is insurance coverage will not exceed 31 consecutive days, or 45 consecutive not a contract of insurance but is simply an informative statement to days if the Insured is an employee of an organization which has provided eligible Insureds of the principal provisions of the insurance while in effect. the Card to the Insured for business use; and (2) the insurance provided by Complete provisions pertaining to this plan of insurance are contained in this plan will be excess over any other valid and collectible insurance the master policy on file with DFS Services LLC, herein referred to as the covering the Rented Automobile. However, the insurance provided under Policyholder. If a statement in this Summary of Coverage and any provision this plan may be primary if specifically provided for under the terms of this in the policy differ, the policy will govern. plan and if the following criteria is met: (a) the Rented Automobile is Policy Underwritten By Plan Administrator rented for use outside the United States, its territories and possessions; (b) Federal Insurance Company ( "Company ") The Direct Marketing Group, Inc. the Insured is an employee of an organization which has provided the Card a member of the 13265 Bedford Avenue to the Insured for business use; and (c) the Rented Automobile is rented Chubb Group of Insurance Companies Omaha, NE 68164 without a driver. 15 Mountain View Road, PO Box 1615 HOW TO FILE A CLAIM UNDER EXCESS COLLISION DAMAGE WAIVER: Warren, NJ 07061.1651 In the event of a claim, written or verbal notice must be provided as soon Master Policy Number. 9906 -17 -63 as reasonably possible. IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE CLAIMS Effective date of benefits: Effective April 1, 2007, this guide replaces all SERVICE CENTER AT 1- 800 - CLAIMS -0 (1.800. 252. 4670). prior disclosures, program descriptions, advertising, and /or brochures by You can also go to the Company Web site (www.chubb.com), click on any party. Policyholder and Company reserve the right to change the Report a Loss, select Accident, Benefits and Life claims, select the benefits and features of these programs at any time. appropriate form, print out the claim form, fill out and mail. You can file a Cancellation: Policyholder can cancel these benefits at any time or claim by mail or fax choose not to renew the insurance coverage for all authorized Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES Cardmembers. If Policyholder does cancel these benefits, you will be CLAIMS SERVICE CENTER notified at least 60 days in advance. If the Company terminates, cancels, 600 INDEPENDENCE PARKWAY or chooses not to renew the coverage to Policyholder, you will be PO BOX 4700 notified as soon as is practicable, Insurance benefits will still apply for CHESAPEAKE, VA 23327 -4700 any benefits you were eligible for prior to the date of such terminations, Fax Number. 1- 800 - 300.2538 cancellation, or non - renewal, subject to the terms and conditions of coverage. CLAIM PROCEDURE: Benefits d you: These benefits apply only a Cued tube whose cards The Insured must send the Company written notice of a claim, including the number, within 90 days after a covered loss are issued by U.S. financial institutions. The United States is defined as Insured's name and Policy Ys the 50 United States, the District of Columbia, American Samoa, Puerto occurs. If notice cannot be given within that time, it must be given as soon Rico, Guam and the U.S. Virgin Islands. No person or entity other than as reasonably possible. To file a sworn Proof of Loss, the Insured must send the Cardmember shall have any legal or equitable right, remedy, or claim the following information to the Company or its authorized representative: for insurance proceeds and /or damages under or arising out of this • A copy of the Account statement showing the automobile rental coverage. These benefits do not apply if your Card privileges have been transaction. cancelled. However, insurance benefits will still apply for any benefit you • A copy of the automobile rental agreement. were eligible for prior to the date that your Account is suspended or • A copy of the police report. cancelled subject to the terms and conditions of coverage of your • A copy of the initial claim report submitted to the automobile Rental Cardmember Agreement. Agency. Transfer of rights or benefits: No rights or benefits provided under these • A copy of the paid claim presented by the automobile Rental Agency for insurance benefits may be assigned without the prior written consent of the Collision Damage for which the Insured is responsible, the Company. • Misrepresentation and Fraud: Coverage of the Insured will be void if, at Proof of submission of the loss to, and the results of any settlement or denial b the applicable insurance carrier(s). the any time, the Insured has concealed or misrepresented any material fact Y PP or circumstance concerning this coverage or the subject thereof or the • If no other insurance is applicable, a notarized statementfrom the Insured interest of the Insured herein, or in case of any fraud or false swearing to that effect. by the Insured relating thereto. Reminder. Please refer to the Insurance Disclosures section. Coverage for an Insured will be void if, whether before or after a loss, -22- -23- 11DCM0 _02BOK_TL23AGO211_00083.indd 2526 1/11/11 9:41 AM the Policyholder or its subscribing organization(s) has concealed or will be responsible for all third -party fees and expenses for services misrepresented any material fact or circumstance concerning this requested, such as professional or medical fees. coverage or the subject thereof or the interest of the Insured therein, or Availability of Services. Certain services may not be available in all areas. in case of any fraud or false swearing by the Policyholder or its Call us at 1 -800- DISCOVER (1- 800 -347 -2683) for assistance or if you have subscribing organization(s) relating hereto. questions about a specific destination. Outside the U.S., call us collect at Addition of New Insureds: All eligible persons will be automatically 1.801- 902 -3100. While AXA Assistance will make every reasonable effort insured under this Policy. to provide the services, neither AXA Assistance nor Discover Bank or our Examination Under Oath: It is a condition of this insurance that the respective affiliates will be liable if a service is not provided or for any Insured and the Policyholder, as often as may be reasonably required by services that are provided by third parties. The services and these terms the Company, will submit, and within its power cause others to submit, and conditions are subject to change without notice. to examinations under oath and will produce for examination all writings, books of account, bills, invoices and other vouchers, or certified copies thereof if originals are lost, at such reasonable time and place as may be designated by the Company or its representative, and will permit extracts and copies thereof to be made. No such examination under oath, examination of documents or any other act of the Company, its employees or representatives in connection with the investigation of any loss or claim will be deemed a waiver of any defense and such acts shall be deemed to have been made or done without prejudice to the Company's liability. No Benefit to Others: This coverage will in no way inure directly or indirectly to the benefit of any insurer, person or organization or other bailee. Subrogation: It is a condition of this insurance that if the Company pays the Insured for a loss, it will require the Insured to assign and transfer any claim or right of action against any individual, firm or corporation for such loss to the Company or subrogate or hold in trust all such rights to the extent of the amount paid. The Insured will agree to take action as requested by the Company to enforce such rights. Upon payment by the Company to the Insured, the Insured agrees to direct enforcement of such rights as reasonably requested by the Company and to return to the Company any recovery to the extent payment of loss has been made by the Company. Arbitration: In the event of a dispute under this policy, either the Company or the Insured may make a written demand for arbitration. In that case, the Company and the Insured will each select an arbitrator. The two arbitrators will select a third. if they cannot agree within 1S days, either the Company or the Insured may request that the choice of arbitrator be submitted to the American Arbitration Association. The arbitration will be held in the state of the Insured's principal residence. GLOBAL TRAVELER'S HOTLINE TERMS AND CONDITIONS The Global Traveler's Hotline provides Cardmembers and their families a wide range of free travel assistance benefits. It is operated by AXA Assistance USA, Inc. Visit Discovercard.com/travel to learn more. Eligibility. You must be a Cardmember whose Account is in good standing, the Cardmember's spouse or dependent child traveling with the Cardmember or an Authorized User of an Account in good standing. Third -Party Charges. Global Traveler's Hotline is not insurance, so you -24- -25- 11DCM0 _02BOK_TL23AG0211_00083.indd 27 -28 1/11/11 9'41 AM EXHIBIT "B" Discover More Card Account number ending in 7763 Open Dote: Feb 26, 2013- Close Dote- Mar 25, 2013 Cardmember Since 1989 �-�'- .� bAT_ n � Page I of 4 ACCOUNT SUMMARY PAYMENT INFORMATION! Previous Balance $12,260.96 Balance 512,485-39 Payments and Credits $0.00 Minimum Payment Due $1,953.00 Purchases + $0.00 Payment Due Date April 20, 2013 Balance Transfers + $0.00 Includes post due amount of- $1703.00 Cash Advances + $0.00 Fees Charged + $35.00 Late Payment Warning: If we do nofrecilve yode minimum payment by the + date ­ h ,of up to $35.00 and your Interest Charged $189.43 listed above, you may. , ove to -pay a late fee purchase and boloncV.transfe.r. ; APRs for n6 tronsoctions maybe increased up to New Balance $12,485.39 the Penal "k-voriable. y APR of 24.9 See Interest Charge Calculation section following the Minimum pqymentVarning: If you make only the minimum payment each Transactions section for detailed APR information — period, you will;poy more in interest and it will take you longer to pay off your Credit Line $11,000 `'b alance. For example: lle�d a y 60d �h id" 51. ti h� E Credit Line Available $0 pa yoff uSSrig this ; cq d and ...... ' Cash Advance Credit Line $5,500 tofer'nen t jn a bout .. Cash Advance Credit Line Available .$ " On the minimum payment 1 38 years $49,998 You may be able to ovoid interest on Purchases.,, i if you.,would like information about credit counseling services, coil 1-800-347-1121 See reverse for details. Al F., REWARDS Contact Us Discover.com Anniversary Mon' lh Coshbock Bonus@ October 1-800-347-21683 Opening Balance $ 0.00 See "Information F or You" section for , impb,r inf.information New Cashback Bonus This Period + $ 0.00 0. regarding Your Billing Ri N Re deemed This Period $ 00 Please make check payabl6,to Di Cashback Bonus Balance $ 0.00 _r. You ci�6�overlirnrt. scove Pay the sum of the Minimum 'Payment Duet,plus ihe*emoining TO learn more, log in at Discover.com overlimit amount of $ 1485.39.: Make Check payable to Discover. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforalion below, detach and return with your payment. Payment Coupon '` Fay OnUne P ay -6y , Account number ending in 7763 Please do not fold chp or staple q D iscover cam O Z 801}347 2683 Minimum Payment Due $1,953.00 New Balance $12,485.39 Payment Due Date April 20, 2013 JOAN L NEELY Amount enclosed Is C/O JOAN BOYER 611 B ST ENCLA PA 17025-1602 PO BOX 71084 CHARLOTTE NC 28272-1084 Phone and Internet payments must be received by 5PM ET to be credited as of the some cloy. Address, e-mail or telephone changed? Note changes on reverse side. 000001986458686746005124853900076900195300 r EELY Account number ending in 7763 Open Do'e• Feb 26 2013 - Close Date: Mor 25, 2013 Page 2 of 4 nformation You must ensure that sufficient funds ore available in your bank account, and ee yardmember Agreement. Your Cardmember Agreement contains oil transactions must comply with U.S. law. oil the terms of your Account. You can set automatic payments for: (i) statement New Balance, (ii) statement Lost or stolen cards. Report immediately! Call 1- 800 - 347 -2683. Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed What To Do If You Think You Find A Mistake On Your Statement dollar amount, or (iv) Other dollar amount. If your scheduled "Other dollar If you think there is on error on your statement, write to us at: Discover, PO amount" payment is not enough to cover the Minimum Payment Due as fisted Box 30421, Salt Lake City, UT 84130 -0421. You must write to us within 60 on your monthly billing statement, your scheduled payment for ihot month days after the error appeared on your statement. You may toll vs, but if you will be increased to cover the Minimum Payment If the scheduled do we are not required to investigate any potential errors, and you may hove payment is greater than the Minimum, Payment Due, any excess will be to pay the omouni in question. The Billing Rights Notice further explains your applied in accordance with your Cordmember If your scheduled rights. Please see your Cardmember Agreement or visit payment is greater than the New your billing statement, that hf.ps://discover.com/b'illingrigh's for a copy of this notice. payment will be processed only for; the'onioynt of "ypvr New Balance. Your automatic payment amount,rrioy be'less ihah:the amount indicated on the I Payments. You may pay oil or part of your Account balance at any time. billing statement based on poyments`affer the Date. However, you must pay at least the Minimum Payment Due by the Payment If you enroll by phone in our automatic payment service, please fill -in the Due Date. Send only your payment and the bottom portion of this statement following blanks below and retain. the duthorizotion for your records. I in the envelope provided. Do not send cash. If you pay by check, you �_ authorize us to use information on your check to make an electronic fund Amount: ❑ FulUPay = _::.:,,..... Min Pay ;.. ❑ Min Pay+ $ transfer from your account of the financial institution indicated on your check or to process the payment as a check transaction. If a payment is processed 0 Other Amount$ rx „�._.. 66nk "Routing _ #: ; _: > as on electronic fund transfer, the transfer will be for the amount of the Bank Account check. When we use information from your check to make on electronic fund transfer, funds may be withdrawn from our account as soon as the some Monthly on the ❑ Payment D.ue Date El Close Date day we receive your payment, and you will not receive your check back from ❑ Day of month (insert date) your financial institution. The processing of our pay ment may be del if y ou send cosh, Credit Reporting YJe may report'informcifiron about your Account to credit P 9 Y P�?Y Y Y Y bureaus. Lae payments missed poyments, or other defaults on your Account correspondence or other items with your payment, if you send the payment to may be reflected m your credit report. We normally report the status and any other address or if you use on envelope other than the one provided. •r; payment history of "your Account to credit reporting agencies each month. If Payments received in proper form of our processing facility by SPM tocal,,time believe,that our 'report is inaccurate or incomplete, please write us at the on any day will be credited to your Account as of that day. Payments received yy following address: „Discover, PO Box 15316, Wilmington, DE 19850 -5316. 1 at our processing facility after 5PM local time will be credited to, your - Accou'ht,, please- include your'name, address, home telephone number and Account as of the next day. If you have misplaced your envelope, send,your poyment i to Discover, PO Box 6103, Carol Stream, IL 60197.6103. Please allow 710 number, da for delivery. If your payment is returned unpaid, we resubmit it as an electronic debit. Payments mode online i:or reserve the right to by phone will be R Paying Interest. Your due date is of least 25 days after the close of each p credited as of the day of receipt if made by 5 PM Eastern time. : `` billing period (at least 23 days for billing periods that begin in February). We R' will not charge you any interest on Purchases 9 you pay your entire balance j. You can pay your monthly Minimum Payment D ue, or greater,omount thot by the due date each month. We will begin charging interest on Cash does not exceed your current Account balonce over: telePhone;or you-con Advances and Balance Transfers as of the later of the Transaction Date or the setup automatic payments through a customer service repiesentotive,by first day of the billing period in which the transaction posted to your Account. calling 1 -800- 347 -2683. Automatic payments for:,the,billing,period shown �;,. How We Calculate Interest Charges. We Use the Daily Balance Method on your statement will be deducted on the Poyment`Due Date shown on chat` statement, or the next outomotic payment date x referred Idon your,$statement, (including current transactions) to calculate the Balance Subject to Interest unless you request o recurring pgyrnent date (e.g :,the 15;! day.of the;month} Rate. For more information, please call us of 1- 800 - 347 -2683. that occurs before your Poymen Due Date or Close Dote.V, your scheduled merit date lolls on a weekend or'liank holiday, your payment,wJl be Balance Subject to Interest Rate. Your statement shows a Balance Subject pa the business cloy prior =fo the weekend or bank holiday. In order to to Interest Rate. It shows this for each transaction category. The Balance schedule monthly payments•.by telephone, you = will need ibis statement and Subject to Interest Rate is the average of the doily balances during the billing your bank account information. You will be asked'to.provide the last four (4) period. digits of the social security number of the_primary borrower. By providing Credit Balances. If your Account has a credit balance, the amount is shown I those numbers as your electronic signature,"���you"will be agreeing to this authorization to allow us and your bank to +' educt each payment you on the front of your billing statement. A credit balance is money that is owed authorize, in the amount selected by you, from your bank account. You also to you. You may make charges agains this amount if our Account is open. authorize us to initiate debit or credit entries to'your bank account, as We will send you a refund of any remaining balance of $1.00 or more after applicable, to correct on error in the processing of such payment. You can 6 months, or as otherwise required by applicable low, or upon request made cancel a scheduled payment by phone at 1 -800- 347 -2683 or by mail at to the address in the Contact Us section on page 3 of your billing statement. Discover, PO Box 30421, Salt Loke City, UT 84130 -0421; however, we must Discover may monitor and /or record telephone calls between you and i receive notice at least three business days in advance of the scheduled Discover representatives for quality assurance purposes. payment. If your payments may vary in amount, we will tell you on each The Discover®card is issued by Discover Bank, Member FDIC. TL23N monthly billing statement when your payment will be mode and how much it I will be. I ' I CHANGE OF ADDRESS I If correct on front, do not use. Please print clearly in blue or black ink, in the space provided. i Street Address Home Phone I i Work Phone City Email I 71 I ! State, Zip I • To make changes to your address, email or telephone number, visit Discover.com Continued an next page I i i Discover More Card Account number ending in 7763 Open Date: Feb 26, 2013 - Close Date: Mar 25, 2013 ya Page 3 of 4 CONTACT US fr �s g Web Mobile O Phone cinquiry'B, c Mail Payments Access your ! Manage your 1- 800 - DISCOVER Discov Discover account securely account anytime, (1-800-347-2683) , ;YO Box 3094.4 e PO Box 6103 at Discover.com anywhere at TDD 1- 800 - 347 -7449 Solt Lake City ? ,? a, ,Carol Stream kk, UT�84130 _, AL 60197 -6103 m.Discover.com Transactions Trans. Date Post Date • =f � Fees Mar 20 Mar 20 LATE FEE �`:.� $ 35.00 TOTAL FEES FOR THIS ''PERIOD:g,. -_, . 35.00 Interest Charged INTEREST�CHARGE ON, PURCHASES' $ i INTEREST CHARGE ON`CASH AQVANCES " 0.00 INFE BALANCE'TRANSFERS 0.00 [OTAI' INTEREST,FOR THIS PERIL 13 189.43 i i 2013 Totals Year -to -Date Z. - '`` -`` _ ' ` "`' m• :., .1" - `''N TOTAL FEES CHARGED IN 2013 $ 105.00 . T O TAL INTEREST CHARGED IN 2013 $ 596.94 Interest Charge Calculation Yovr Annval Percentage Rate (APR) is iheonnudl interest rote on yovr occovnt. Current Billing Period: 28 daysfl' ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO ,t ~, APR INTEREST RATE INTEREST CHARGE TYPE OF BALANCE ( APR) Purchases r y.M ~� _ F � ' � 79.99% $12,352.05 $189.43 ., a s a Cash Advances :`" y ' 'a +`` a °" 29.99% V $0.00 $0.00 V= Variob Rate -" s )' t` T Information For You Your Billing Rights: Keep This Document For Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. i I What To Do If You Find A Mistake On Your Statement j If you think there is an error on your statement, write to us at: Discover,PO Box 30421,Sak Lake City, UT 84130 -0421. In your letter, give us the following information: Account information Your name and account number. Dollar amount The dollar amount of the suspected error. Description of problem If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: Within 60 days after the error appeared on your statement. At least 3 business days before on automated payment is scheduled, if you want to stop payment on the amount you think is wrong. I You must notify us of any potential errors in writing You may call us, but if you do we are not required to investigate any potential errors and you may hove to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: i 1 Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we hove already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been on error: We cannot try io 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. 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. After we finish our investigation, one of two things will happen: If we made a mistake You will not hove to pay the amount in question or any interest or other fees related to that amount. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION i JOAN L NEELY Account number ending in 7763 Open Date: Feb 2 2013 - Close Date: Mar 25, 2013 Page 4 of 4 i I i Information For You ... Continued F .% If we do not believe there was a mistake You will have to pay the amount in question, along with applicable interesfi' and #ees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay ihe:amount v b,ihink you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 dons telling us thaf *yov still`re use t4: If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the home of anyone io whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question ever if your bill is correct. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied wish the goods or services that you have purchased with your credit. toed, and you hav'e`friecl irtgood 164h to correct the problem with the merchant, you may hove the right not to pay the remaining amount due on the purchase. ;. To use this right, all of the following must be true: r 1 The purchase must hove been made in your home state or within 100 miles of your current moiling address, and the purchase price must have been more than $50" (Note: Neither of these are necessory if your purchase was based on on advertisement we'moiled&to you, or if we own the company that sold you the goods or services.) 2. You must hove used your credit card for the purchase. Purchases mode,.witEi cash<advances fro an ATM or,with a check that accesses your credit card account do not quolify" 3. You must not yet have fully paid for the purchase. If oil of the criteria above are met and you are still dissatisfied with the<purchasej' con odVus. wr tinp at: Discover PO Box 30945 Solt Lake City, UT 84130 -0945 While we investigate, the some rules apply to the disputed amount as discussed'above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe on amount and you do not pay, we`mey!repoit you as delinquent. -$ V. 3, 1 i I I SHERIFF'S OFFICE OF CUMBERLAND COUNTY CL Ronny R Anderson "+ i1"IJ Sheriff ,cat eta�£r PROT KO"TAW Jody S Smith VP 2013 JUN 28 AM 10' 1 F Chief Deputy Richard W Stewart 3" CUMBERLAIND C�O}!B Y Solicitor FFICE OF"4" ZSI RIF' PE �SYL1iAf\iA Discover Bank Case Number vs. 2013-3455 Joan L Neely SHERIFF'S RETURN OF SERVICE 06/19/2013 08:43 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be David Boyer, who accepted as "Adult Person in Charge"for Joan L Neely at 611 B Street, East Pennsboro, Enola, PA 17025. TIM LACK, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, June 21, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuile Sheriff,Teleosoft,Inc. A , y ;i Joan Neely 61.1 B. St. t 2: t Enola, PA 17025 (717) 554-9115 CUMBERLAND+COU4T'y F�.�NNSYLVAWA DISCOVER BANK, ET AL., IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, VS. PENNSYLVANIA JOAN L.NEELY A/K/A JOAN BOYER DOCKET NO.: 13-3455 Defendant. ANSWER TO THE COMPLAINT I, Joan Neely answer the Complaint as follows: 1. Defendant is unable to admit or deny paragraph 1 of the Complaint and therefore leaves Plaintiff to its proofs. 2. Defendant is unable to admit or deny paragraph 2 of the Complaint and therefore leaves Plaintiff to its proofs. 3. Defendant is unable to admit or deny paragraph 3 of the Complaint and therefore leaves Plaintiff to its i proofs. 4. Defendant is unable to admit or deny paragraph 4 of the Complaint and therefore leaves Plaintiff to its proofs. 5. Defendant admits-the allegations contained in paragraph 5 of the Complaint. 6. Defendant is unable to admit or deny paragraph 6 of the Complaint and therefore leaves Plaintiff to its proofs. 7. Defendant is unable to admit or deny paragraph 7 of the Complaint and therefore leaves Plaintiff to its proofs. 8. Defendant is unable to admit or deny paragraph 8 of the Complaint and therefore leaves Plaintiff to its proofs. 9. Defendant is unable to admit or deny paragraph 9 of the Complaint and therefore leaves Plaintiff to its proofs. 10.Defendant is unable to admit or deny paragraph 10 of the Complaint and therefore leaves Plaintiff to its proofs. It. Defendant is unable to admit or deny paragraph II of the Complaint and therefore leaves Plaintiff to its proofs. 12.Defendant is unable to admit or deny paragraph 12 of the Complaint and therefore leaves Plaintiff to its proofs. 13. Defendant is unable to admit or deny paragraph 13 of the Complaint and therefore leaves Plaintiff to its proofs. 14.Defendant denies the allegations contained in paragraph 14 of the Complaint. 15. Defendant repeats and restates all previous responses as if set forth fully herein. 16.Defendant is unable to admit or deny paragraph 16 of the Complaint and therefore leaves Plaintiff to its proofs. 17.Defendant is unable to admit or deny paragraph 1.7 of the Complaint and therefore leaves Plaintiff to its proofs. 18.Defendant is unable to admit or deny paragraph 18 of the Complaint and therefore leaves Plaintiff to its proofs. 19. Defendant repeats and restates all previous responses as if set forth fully herein. 20. Defendant is unable to admit or deny paragraph 20 of the Complaint and therefore leaves Plaintiff to its proofs. 21.Defendant repeats and restates all previous responses as if set forth fully herein. 22.Defendant is unable to admit or deny paragraph 22 of the Complaint and therefore leaves Plaintiff to its proofs. 23.Defendant unable to admit or deny the allegations contained in paragraph 23 of the Complaint and therefore leaves Plaintiff to its proofs. Defendant also asserts the AFFIRMATIVE DEFENSES: 1. Plaintiff is barred by the Statute of Limitations. 2. Plaintiff is barred by its breach of the covenant of good faith and fair dealing from proceeding in this action against Defendant. 3. Defendant disputes the amount and validity of the claimed amounts of principal,prejudgment interest, late charges and attorney fees. 4. Defendant requests verification of the alleged debt. 5. Statute of Frauds. 6. Any contract requires the parties to submit to arbitration. 7. Any alleged debt has been securitized and therefore Plaintiff does not have standing. WHEREFORE,Defendant requests that Plaintiff takes nothing against Defendant and that judgment in favor of Defendant be entered; and, that Defendant be awarded all the costs of suit. Resp tfully Submitted, f' Joaf Neely 611 St. Eno a, PA 17025 ( ) 554-9115 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and accurate copy of the foregoing was served by fax or by U.S. Mail on July 10, 2013 to the following: Pressler&Pressler 804 West Avenue Jenkintown,PA 19046 gDe Neely dant