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HomeMy WebLinkAbout04-6287COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, BY ITS AGENT, DISCOVER FINANCIAL SERVICES, INC., : CIVIL ACTION Plaintiff vs. : CASE NO.: MICHAEL D. BRAZEL, Defendant NOTICE 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 IS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 4TH FLOOR CARLISLE, PA 17013 (717) 240-6300 DOUGLAS M. MARINOS & ASSOCIATES, P.C. By: % J i Jor e 'a, Esquire A I. ./ 5242 tto or Plaintiff 1 Cedar Crest Boulevard Allentown, PA 18104 (610)434-2814 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, BY ITS AGENT, DISCOVER FINANCIAL SERVICES, INC., : CIVIL ACTION Plaintiff VS. : CASE NO.: l MICHAEL D. BRAZEL, Defendant COMPLAINT 1. Plaintiff, Discover Bank, by its agent, Discover Financial Services, Inc., ("Discover") is a banking institution with an address of P.O. Box 15251, Wilmington, DE 19886- 5251. 2. Defendant, Michael D. Brazel, is an adult individual with an address of 2908 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Discover issued the Defendant a credit card subject to the terms of the Cardmember Agreement ("Cardmember Agreement"). A true and correct copy of the Cardmember Agreement is attached hereto, made a part hereof and marked as Exhibit "A". 4. Defendant has incurred charges for purchases, cash advances and/or finance charges in the amount of ELEVEN THOUSAND SEVEN HUNDRED SEVEN and 97/100 DOLLARS ($11,707.97) as of October, 18, 2004. 5. Defendant's obligations are based on a subsisting debt, was in writing and arises from a preexisting account. 6. Defendant has not objected to account statements issued. 7. Defendant is liable to Discover on this debt as an account stated. 8. Defendant has defaulted on her obligation to make payments to Discover by failing to make any payments from and after September 16, 2004. 9. Pursuant to the Cardmember Agreement, Discover may declare all amounts due under the Cardmember Agreement immediately due and payable without notice or demand. 10. Under the Cardmember Agreement, Defendant is required to pay all the attorney's fees Discover incurred in exercising its right to collect, which Discover anticipates to be in the amount of FIVE HUNDRED and 00/100 DOLLARS ($500.00). 11. As of October 18, 2004, Defendant is indebted to Discover under the Cardmember Agreement in the amount of ELEVEN THOUSAND SEVEN HUNDRED SEVEN and 97/100 DOLLARS ($11,707.97), plus interest accruing from and after October 18, 2004 at the per annum rate of 6%. WHEREFORE, Discover demands judgment against the Defendant in the amount of TWELVE THOUSAND TWO HUNDRED SEVEN and 97/100 DOLLARS ($12,207.97) (comprised of real debt in the amount of ELEVEN THOUSAND SEVEN HUNDRED SEVEN and 97/100 DOLLARS ($11,707.97) and anticipated attorney's fees in the amount of FIVE HUNDRED and 00/100 DOLLARS ($500.00)) plus interest from and after October 18, 2004, at the per annum rate of 6% and costs of suit. DOUGLAS M. MARINOS & ASSOCIATES, P.C. By' t . Jdrgo ereira, Esquire :Attys. . #75242 Atfo'hfey for Plaintiff X1.01 N. Cedar Crest Boulevard Allentown, PA 18104 (610)434-2814 VERIFICATION I, Tracey Eccles, agent of Diver Bank, By Its klent, Disc r- Fk rrW Sexaac p, Inc, verify that I am authorized to make this Verification on behalf of the Plaintiff and I verify that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. Section 4904 relating to unsworn falsification to authorities. TRACEY ECCLES CARDMEMBER AGREEMENT Please read this Agreement carefully before using your Discover Card Account. It contains the terms and condifions 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. AGREEMENT TERMS. The word "Account" -means your Discover Card Account. The word "Card" means any one or more Dis- cover Cards issued to you or someone else with your authorization. The words "you", "your-, or "yours' refer to, in addition to you. the Cardmember, any other person or per- sons who are also contractually liable under this Agreement. The words ".,je:', "us" and "our' refer to Greenwood Trust Company, the issuer of your Discover Card. Balance Transfers - to transfer balances from other credit card accounts by means of balance transfer coupons or checks, in accordance with such additional terms and conditions of offers that are made from time to time. In addition, your Account may be used to participat- guarantee hotel reservations I be liable for ing establishments. guaranteed reservations that are not can- celed prior to the time specified by the establishment. ACCEPTANCE OF AGREEMENT. The use of your Account or a Card, by you or anyone whom you authorize or permit to use your Account or a Card, means you accept this Agreement. USE OF YOUR ACCOUNT. Your Account maybe used for: _ Purchases - to purchase or lease goods or services from NOVUS9 Network mer- chants by presenting your Card or account number. • Cash Advances - to obtain cash advances at NOVUS Cash Networks automated teller machines, from participating financial in- stitutions or other locations, or by means of checks which we may furnish to you, all in accordance with such additional terms and conditions as may be imposed from time to time. You agree that you ',Alill only use your Ac- count for personal, family, household and charitable purposes. Your Account may not be used for business or commercial pur- poses or to obtain loans to purchase, carry or trade insecurities. In addition, your Ac- count may not be used to pay any amount you owe under this Agreement.. b dor to tuse, each Card must be signed by the per- son to whom it is issued. We are not responsible for the refusal of anyone to ac- cept or honor a Card or to accept checks that we have provided you. You must re- turn any Card or unused checks to us upor request. AUTHORIZED CARD USERS. If you want tc cancel the authorized or permitted must your?'Account by ono` b rperson, ou and de- notify us in writing by telephone any Card in that person's possession None of your rights under 9reemen bother than to pay amounts owed) may be exercised by any person not a party to this Agreement acting pursuant to a power of attorney, without our separate written agree- ment (which we are not obligated to give). LIABILITY FOR UNAUTHORIZED USE. If a Card is lost or stolen, or if you think that someone is using your Account" or a Card without your permission, notify us immedi- ately. You can notify us by telephoning 1-800-DISCOVER (1-800-347-2683), or by writing DISCOVER CARD, PO Box 15156, Wilmington. DE 19886-1002. You may be liable for the unauthorized use of a Card or your Account. You will not be liable for un- authorized use that occurs after you notify us, by phone or in writing, of the-loss, theft, or possible unauthorized use. In any case, your liability will not exceed 550.00. CREDIT LIMIT. We will advise you of your credit limit. We may increase or decrease your credit limit from time to time. You agree not to exceed or attempt to exceed your credit limit. You will exceed your credit limit if you allow your unpaid balance, including Finance Charges and fees, to exceed your credit limit. Your credit limit will not include the amount of any credit balance in your Account. PROMISE TO PAY. You agree to pay us in U.S. Dollars for all purchases, cash advances and balance transfers including applicable Finance Charges and other charges or fees, incurred by you or anyone you authorize or permit to use your Account or a Card, even if you do not notify us that others are using your Account or a Card. We will convert purchases and cash advances made in a foreign currency to U.S. Dollars at a rate existing on the date of conversion. If you pay us in other than U.S. Dollars, we may refuse to accept the payment or charge you: Account our cost to convert your paymen to U.S. Dollars. All checks must be dravir on funds on deposit in the U.S. If your Account is a joint Account, each o you agrees to be liable individually an( jointly for the entire amount owed on you Account. We can accept late payments c partial payments or checks and money order: marked "payment in full" or with any oche restrictive endorsement without losing an, of our rights under this Agreement. MONTHLY BILLING STATEMENT. We vii send you a billing statement after eac, monthly billing period in which you have debit or credit balance of $1.00 or more. Th billing statement will show all purchases cash advances, balance transfers, Fnanc Charges and other charges or fees and .a payments or other credits posted to you Account during the billing period. It wi, show your New Balance, Minimum Paymer, Due and Payment Due Date. MONTHLY PAYMENT OPTIONS. You ma at any time pay the entire New Balanc shown on your billing statement, but eac month you must pay at least the Minimur Payment Due. All payments must be mane or delivered to us in Delaware at PO Bo 6011, Dover, DE 19903-6011 or by usin the envelope enclosed with such statemen All payments and other credits will be applie as determined in our discretion. We reserv the right to apply payments and other credi' to balances subject to lower Annual Percen age Rates, such as special rate balanc transfers, prior to balances subject to high( Annual Percentage Rates. MINIMUM MONTHLY PAYMENT. The Mini- mum Payment Due each month will be the sum of any amount past due and the mini- mum monthly payment. The minimum monthly payment each month will be the greater of 510.00 or an amount equal to 1/ 48th of the New Balance, rounded to the next higher whole dollar amount. However, if the New Balance is less than 510. the minimum monthly payment will be the amount of the Neer Balance. You can pay ahead. The Mini- mum Payment Due for each monthly billing period will be reduced by the amount you have paid in excess of the Minimum Payment Due in any of the three previous monthly bill- ing periods, less any portion of the excess already used to reduce payments. However, there will be no reduction if you have ex- ceeded your credit limit; or you have paid the entire New Balance shown on your billing statement. There %vill also be no reduction if your Account is not current, has not gener- ally been paid in an acceptable manner or is otherwise not in good standing. CREDIT BALANCES. We viii refund any credit balance within seven business days from receipt of your written request. If you do not request a refund, we will automati- cally refund credit balances greater than $1.00 which remain in your Account after two billing periods. BALANCE TRANSFERS. We may periodi- cally offer you the opportunity to transfer balances from other credit card accounts to your Account. Each offer will contain an initial special rate, which will be the Annual Percentage Rate that will apply to transferred balances for the time period specified in the offer. After the expiration of this time pe- riod, the Annual Percentage Rate that applies for purchases will apply to transferred bal- ances. Balance transfers subject to the initial special rate are referred to as special rate balance transfers; balance transfers for which the initial special rate has expired are referred to as purchase rate balance transfers. Each offer will contain an expiration date. If you attempt to transfer balances by means of a check after the expiration date, we will treat the transaction as a cash advance. We will not make balance transfers attempted by means of a coupon after the expiration date. PERIODIC FINANCE CHARGES. Except as explained below, Periodic Finance Charges are imposed on purchases, cash advances and balance transfers from the date the transaction occurs to the date of repayment. If the transaction is posted to your Account after the close of the billing period in which it occurs, we will treat the transaction as having occurred on the first day of the bill- ing period in which it is posted to your Account. We will assess Periodic Finance Charges as follows: (1) Current Billing Period Periodic Finance Charges are imposed for the current billing period on pur- chases, cash advances and balance transfers unless you paid, by the Pay- ment Due Date, the New Balance shown on your previous billing statement. We compute Periodic Finance Charges each day by multiplying your daily balances of purchases, cash advances and bal- ance transfers by the applicable Daily Periodic Rates. Only special rate bal- ance transfers are included in the daily balance of balance transfers; purchase rate balance transfers are included in the daily balance of purchases. At the end of the billing period, /e add up the results of these daily calculations to determine your Periodic Finance Charges for the billing period. For purchases, the daily balance is cal- culated on each day by first adding the following to the previous day's daily balance: purchases made that day, fees charged that day (with the exception of Transaction Fee Finance Charges) and Periodic Finance Charges charged on the previous days daily balance: and by then subtracting any credits and payments that are applied against the balance of purchases and purchase rate balance transfers on that day. On the first day of the billing period we also add to the balance those balance transfers that become purchase rate balance transfers on that day. For cash advances, the daily balance is calculated on each day by first adding the following to the previous day's daily balance: cash advances made that day, Transaction Fee Finance Charges for cash advances made that day, and Peri- odic Finance Charges charged on the previous day's daily balance; and by then subtracting any credits and payments that are applied against the balance of cash advances on that day. For balance transfers, the daily balance is calculated on each day by first adding the following to the previous day's daily bal- ance: balance transfers made that day and Periodic Finance Charges charged on the previous day's daily balance; and by then subtracting any credits and payments that are applied against the balance of balance transfers on that day. On the first day of the current billing period we also subtract from the balance those balance transfers that become purchase rate balance trans- fers on that day. (2) Previous Billing Period Periodic Finance Charges are imposed for the previous billing period on pre- vious billing period purchases, cash advances and balance transfers unless Periodic Finance Charges were already imposed for that billing period, or you paid the New Balance shown on your previous billing statement by the Payment Due Date. To compute these charges, we use the same method of calculation that we use in calculating the Periodic Finance Charges for the current billing period, as described above, except that the applicable Daily Periodic Rates are applied to daily balances of purchases, cash advances and balance transfers for each day of the previous billing period. These daily balances are also computed as described above, ,vith the "previous day's daily balance" considered to have been zero on the first day of the billing period. (3) Daily Periodic Rates and Annual Percent- age Rates The Daily Periodic Rates applicable to purchases and cash advances for the current billing period and the previous billing period are based on the Annual Percentage Rate in effect for each billing period as determined below. The Daily Periodic Rates for each billing period are 1/365th of the Annual Percentage Rates in effect for the billing period. The Annual Percentage Rate for purchases maybe changed based on changes in the rate level for which you qualify, as ex- plained below. The Annual Percentage Rates are deter- mined in part by the.Prime Rate. For purposes of this Agreement, the Prime Rate is the highest rate of interest listed as the "prime rate" in the money rates section of The Wall Street Journal on the last business day of the month. When the Prime Rate changes, the Annual Percentage Rates will change beginning on the first day of the first billing period which begins in the cal- endar month following the change in the Prime Rate. Increases in the Prime Rate may cause the Daily Periodic Rates, Periodic Finance Charges and Minimum Payment Due each month to increase. The Prime Rate is merely a pricing index and does not represent the lowest or best interest rate available to a borrower at any particular bank at any given time. (4) Annual Percentage Rate for Purchases We may. have offered you an introduc- tory rate on purchases. The introductory rate is the fixed Annual Percentage Rate that will apply to purchases for the time period specified in the offer. After expi- ration of this time period, the Annual Percentage Rate for purchases will be as described below. The two Annual Percentage Rates that generally apply to purchases are the Best Rate and the Standard Rate. The rate level for which you qualify is based on the total amount of purchases that you make during an annual period, as ex- plained below. Purchases which com- pose this annual total are sometimes referred to as qualified purchases. We make certain appropriate adjustments tc qualified purchases in respect of Ac- count activity (e.g., a credit issued for returned purchase). You will qualify for and receive the Bes- Rate until your first Anniversary Date, subject to Subsection (6) below. We refer to the date that is the last day o-. the twelfth billing period after your Ac- count was opened, and each annua anniversary of that date, as your Anni- versary Date. On each Anniversary Date subject to Subsection (6) below, we wii, determine your rate level based on tota qualified purchases forthe preceding 1? billing periods. You will qualify for thF Standard Rate if total qualified pur chases are less than $1000.00, and thr Best Rate if total qualified purchases arE $1000.00 or more. The new rate leve will apply to purchases (including thF outstanding purchase balance) begin ning on the next day and through your next Anniversary Date, subject tc Subsection (6) below. The Best Rate is an ANNUAL PERCENT AGE RATE of Prime Rate plus 8.? percentage points, with a minimum o 12.9%. The Standard Rate is an ANNUX PERCENTAGE RATE of the Prime Rate plu: 8.9 percentage points, with a minimum o 19.8°/x. The Daily Periodic Rates and cor responding Annual Percentage Rates it effect on the date this Agreement is fur- nished to you are set forth in the enclose( "Additional Disclosure" or card carrier. (5) Annual Advances The ANNUAL PERCENTAGE RATE for cash advances, subject to Subsection (6) below, is the Prime Rate plus 8.9 per- centage points, with'a minimum of 19.8%'0. The Daily Periodic Rate and cor- responding Annual Percentage Rate in effect on the date this Agreement is fur- nished to you are set forth in the enclosed "Additional Disclosure" or card carrier. (6) Rate Disqualification If as of the end of any billing period, in- cluding a billing period ending on an Anniversary Date, you have failed to make the Minimum Payment Due by the Payment Due Date in that billing period, and you failed to make the Minimum Payment Due by the Payment Due Date in the preceding billing period, you will be disqualified for the rates described in Subsections (4) and (5) above. If this occurs, your ANNUAL PERCENTAGE RATE for purchases and cash advances will change to the Prime Rate plus 13.9 percentage points, with a minimum of 19.8%. This rate level will apply to your Account (including outstanding bal- ances) beginning on the next day and through your next Anniversary Date. However, if at the time you are subject to an introductory rate or a special rate balance transfer rate, the rate on the bal- ances subject to the introductory rate or the special rate balance transfer rate will not change until the expiration of the introductory or special rate balance transfer rate period. The Daily Periodic Rate and correspond- ing Annual Percentage Rate in effect on Percentage Rate for Cash the date this Agreement is furnished to you are set forth in the enclosed "Addi- tional Disclosure' or card carrier. (7) Annual Percentage Rate for Balance Transfers The Daily Periodic Rate and correspond- ing Annual Percentage Rate in effect for special rate balance transfers will beset forth in the offer from us under which you make the balance transfer. As indi- cated in the Balance Transfers Section above, purchase rate balance transfers will be subject to the Daily Periodic Rate and corresponding Annual Percentage Rate that apply to purchases. If you re- ceived an offer prior to your receipt of this Agreement, the Daily Periodic Rates and Annual Percentage Rates in effect on the date this Agreement is furnished to you are set forth in the enclosed "Ad- ditional Disclosure" or card carrier. TRANSACTION FEE FINANCE CHARGES. We will charge you a Transaction Fee Finance Charge of 2.5% of the amount of each new cash advance. There is a minimum Trans- action Fee FINANCE CHARGE of $2.00 and no maximum Transaction Fee FINANCE CHARGE. The imposition of Transaction Fee Finance Charges may result in an Annual Percentage Rate for cash advances that is higher than the nominal Annual Percentage Rate. All forms of cash advances, includ- ing the use of Discover Card checks, regardless of the purpose for which used, are subject to Transaction Fee Finance Charges. To obtain the total Finance Charge on cash advances for each billing period, we add any Transaction Fee Finance Charges for the billing period charged under this sec- tion to any Periodic Finance Charges calculated under the Periodic Finance Charges section above. MINIMUM PERIODIC FINANCE CHARGE. We ,gill charge you a minimum Periodic FI- NANCE CHARGE of 5.50 for any billing period in which some Periodic FINANCE CHARGE of less than 5.50 would otherwise be imposed. RETURNED CHECK FEE. We idl charge you a Returned Check Fee of 515.00 each time you pay us with a check that is returned un- paid. This fee will also apply if a debit transaction to a deposit acccunt from vihich you have authorized us in writing to peri- odically deduct all or a part of an amount you owe us under this Agreement is returned unpaid. LATE FEE. We vjill charge you a Late Fee of $20.00 each time that, as of the 10th day following a Payment Due Date, you have failed to make a required payment. RESEARCH FEE. We may charge you a Re- search Fee of 55.00 for each copy of a billing statement or sales slip that you request. However, we will not charge a fee if you re- quest copies in connection with a billing error. OVERLIMIT FEE. We will charge you an Overlimit Fee of $20.00 each time that, as of the close of a billing period, you have exceeded your credit limit. This fee may be charged even if the transaction which causes you to exceed your credit limit-is authorized by us or if you exceed your credit limit due to the posting of finance charges or fees to your Account. DEFAULT-ACCELERATION-COLLECTION COSTS. You are in default if you become - insolvent, if you file a bankruptcy petitior or have one filed against you, if we have reasonable belief that you are unable or un willing to repay your obligations to us, if yo: are declared incompetent by a court or if court appoints a guardian for you or a con servator for your assets, if you die or if yot fail to comply with the terms of this Agree ment, including failing to make a require payment when due or exceeding your credi limit. if you are in default we may also de clare the entire balance of your Accoun immediately due and payable without no tice. If we refer the collection of you Account to an attorney, we may charge yoi reasonable attorneys' fees and court or othE collection costs as permitted by law and a actually incurred by us. CANCELLATION. You may cancel your Ac count by notifying us in writing or b telephone and returning or destroying el. ery Card and unused check that we hav provided you. Of course, you will still b responsible to pay any amount you owe u according to the terms of this Agreemen If your Account is a joint Account, each c you may cancel your Account. We may car cel or suspend your Account at any tirr without notice. We may choose not to r new your Account (beyond the expiratic date shown on the face of a Card) withoi notice. PRIVACY. We may investigate your creel employment and income records and veri your credit references. We also may repo to credit reporting agencies and other crec tors the status and payment history of yo! Account including negative credit inform; tion. We normally report to such crec reporting agencies each month. We will n release_this information aboutyour Account to any other parts without your prior writ- ten permission or legal process. However. if you are in default, you violate the terms of this Agreement or you file a bankruptcy pe- tition or have one filed against you. we may release information about your Account to third parties who may assist us in enforcing our rights under this Agreement. We may also include your name and address and other identifying information on lists of Cardmembers furnished to companies sell- ing products or services that may be of interest to you. Our supervisory personnel may listen to or record telephone calls be- tween you and our representatives in order to evaluate the quality of our service to our Cardmembers without notice to you. We may use automated telephone equipment or prerecorded telephone calls to contact you about your Account. CREDIT AUTHORIZATIONS. Certain pur- chases and cash advances will require our authorization prior to completion of the transaction. In some cases, you may be asked to provide identification. if our au- thorization system is not working, we may not be able to authorize a transaction. We will not be liable to you if any of these events happen. CHANGE OF TERMS. We may change any term or part of this Agreement, including any finance charge rate, lee or method of computing any balance upon which the fi- nance charge rate is assessed, by sending you a written notice at least 30 days be- fore the change is to become effective. We may apply any such change to the out- standing balance of your Account on the effective date of the change and to new charges made after that date. If you do not agree to the change, you must notify us in writing within 30 days after the mail- ing of the notice of change at the address provided in the notice of change, in which case your Account will be closed and you must pay us the balance that you owe us under the existing terms of the unchanged Agreement; Otherwise, you will have agreed to the changes in the notice. Use of your Account after the effective date of the change will be deemed acceptance of the new terms-as of such effective date, even if you previously notified us that you did not agree to the change. CHANGE OF ADDRESS. If you change your address you must notify us of your new address within 15 days. ASSIGNMENT OF ACCOUNT. We may sell, assign or transfer your Account or any por- tion thereof without notice to you. You may. not sell, assign or transfer your Account withoutfirst obtaining our priorwritten con- sent. GOVERNING LAW. This Agreement will be governed by the laws of the laws. of Dela- ware anand applicable federal Y part of this Agreement becomes an unenforce- able, it will not make any other P unenforceable. Greenwood Trust Company DISCOVER CARD Vice President TERMS AND CONDITIONS The Cashback Bonus Terms and Conditions are not a part of the Cardmember Agreement. Cashback Bonus is an amount denominated in 1 will have the oppoitunit`r to receive the Cashback . dollars and cents which may be earned by Dis- Bonus in a cash equivalent (i.e., check or credit to the Cardmember's Discover Card Account). As cover Card Cardmembers by using their Discover Card for purchases. Cashback Bonus is not earned part of the award method, the Cardmember may for cash advances or balance transfers. Cashback have the opportunity to make an election or to ise a choice as to the manner in which the Bonus is subject to these terms and conditions and is subject to change %vithout notice. exerc Cashback Bonus is awarded or the award re- Cashback Bonus is subject to disqualification deemed. i ne failure to make such election or result in the exer- basis ma i i orior to being awarded in the circumstances de- y y me choice on a t cise of default options or in the disqualification scribed below. of the Cashback Bonus award. It is the 2. Cashback Bonus is calculated eased on an an- Cardmembers responsibiiiN to notify Discover nual period corresoonding to the Cardmembers Card in the event a Cashback Bonus award is not anniversary year. The first annirersary year be- received for any reason. gins on the date the Card is issued and ends on the last day of the t,veifth monthly billing period Cardmembers have no right to accrued but which foilows. Each successive anniversary year unawarded Cashback Bonus amounts; if an Ac- reason prior to the f is the approximate one-year period comprised of or any count is closed any accrued Cashback Bonus anniversary date the next Melve monthly billing periods. , 3. a amount of Cashback Bonus is calculated by multiplying each purchase by: will be forfeited. 5. Presently, Cashback Bonus is awarded by means • 25% (.0025), if the purchase is part of the first 51,000 of (i) a credit to Account, if the amount is less 00 and (ii) a check mailed to the than 52 in purchases during the anniversary year. . Cardmember (by either first class or third class .50% (.0050), if the purchase is part of the second mail), if the amount is $2.00 or greater. $1,000 in purchases during the anniversary year. 6• Cashback Bonus is awarded to Cardmembers in of the third • .75% is . 0075 the good standing at the time of the award. year, anniversary purchases is during the the $1,000 Cardmembers who are delinquent at the time of • 1.0% (.01), if the purchase is part of the purchases the award may, at the option of Discover Card, Cashback Bonus applied automaticaihv i h th in excess of $3,000 during the anniversary year. r e ave The total of such calculations for each anniversary as a credit to their Account. year is the amount of Cashback Bonus which wiii be 7. In the event a Card is lost or stolen, the amount o awarded as described below. The calculation begins a Cashback Bonus, the amount of qualifying pur- iversary date from the olc h d ain with the beginning of each anniversary year. a Tfie Cardmember's monthly billing statement will e ann t chases an Account are transferred to the new Account. show the amount of Cashback Bonus and total pur- Discover Card reserves the right to make appro- B chases through the date of the statement for each . priate adjustments to Cashback Bonus amounts anniversary year. in respect of Account activity (e.g., a credit to an 4. Cashback Bonus is awarded shortly after each Account in respect of a prior purchase will resuii anniversary year. The exact method of award may in a reduction of Cashback Bonus). change from year to year, but the Cardmember CMEV 91° CASHBACK BONUS'S CERTIFICATE OF INSURANCE Allstate Life Insurance Company (herein called "Allstate") has issued Master Policy No. 64401363 to Greenwood Trust Company (herein called "Policyholder") which provides Travel Accidental Death insurance for Cardmembers of the Policyholder and their eligible family members. Note Florida residents: The benefits of the policy providing your coverage are governed primarily by the law of a State other than Florida. DEFINITIONS "Insured Person" means a Discover Cardmember in good standing; and the follow- ing dependents of the cardmember: the spouse of the cardmember if a resident of the same household; and each unmarried child, includ- ing stepchildren and adopted children, not more than 19 years of age (23 if a full-time student), who is dependent upon the cardmember for support and maintenance. In no event wiil the same person qualify as an Insured Person under more than one Discover Card. Coverage for any handicapped child will not terminate solely by reaching the limiting age. Coverage will continue if the child is and continues to be both (1) incapable of self-sustaining employ- ment because of mental retardation or physical handicap and (2) chiefly dependent upon the cardmember for support and maintenance. "Injury or injured" means bodily injury caused by an accident occurring while the insurance is in force forthe Insured Person and which injury results, within 365 days of the accident, directly and independently of all other causes, in death. FLIGHT ACCIDENTAL DEATH INSURANCE Allstate will pay the applicable Accidental Death benefit amounts for injury sustained by an insured Person while occupying an aircraft as a farepaying passenger when fare is charged in advance, and not as a pilot or crew member. The aircraft must be provided and operated by a duly licensed common carrier for regular passenger service. BENEFIT AMOUNT Accidental Death Benefit when Insured Person's full air fare is charged in advance to the Dis- cover Card Account: 5500,000. EXCLUSIONS Accidental Death Benefits are not payable for deaths caused by: 1. suicide while sane or insane; or 2. declared or undeclared war or any act thereof. TERMINATION OF COVERAGE The insurance on each Insured Person will automatically terminate at 12:01 a.m. on the date that they no longer fulfill the requirements of an Insured Personas defined, orupontermi- nation of the Master Policy. Termination shall be without prejudice to any claim originating prior to the effective date of termination. GENERAL PROVISIONS BENEFICIARY: Unless otherwise specified by the Cardmember, any sum due under the policy for loss of life of an Insured Person will be paid, ALLSTATE LIFE INSURANCE COMPANY ,Occupying" means riding in or upon or enter- . Office - Northbrook, Illinois ing into or alighting from. +. Lo the uaramember, if living, otherwise; 2. to the spouse of the Cardmember, if living, otherwise, 3. equally to the then living laviful children of the Cardmember including stepchildren and adopted children, if any, otherwise: 4. equally to the Cardmember's parents or parent then living, otherwise; 5. to the estate of the Cardmember. CHANGE OF BE,NEFiCIARY: The Cardmember may change the beneficiary at any time by viriting to Allstate. Once the chance is recorded by Allstate it will take effect as of the day the request vias signed, subject to any claim payment made before such recording. The consent of the beneficiary is not needed for the change. HOW TO REPORT A CLAIM: 411ritten notice of claim must be given to Allstate at its Home Office within six months after the occurrence of any loss covered by the Policy, or as soon as reasonably possible. Notice given by or on behalf of the claimant or the beneficiary with information suffi- cient to identify the insured Person shall be deemed notice. CLAIM FORMS: Once Allstate receives written notice of a claim, it will send forms for filing proof of loss. If these forms are not sent to the claimant within 15 days after Allstate receives notice, the proof of loss requirements will be met by giving Allstate written proof of the occurrence, and cause of the loss within the time stated in the Proof of Loss Provision. PROOF OF LOSS: Written proof of loss must be furnished to Allstate within nine months after the date of loss. ff this is not reasonabl, possible, Allstate may not deny the claim i the proof is furnished as soon as reasonabl, possible, but not later than one year fror the time required, unless the claimant via legally incapable of doing so. PAYMENT OF CLAIM: Benefits payable for los under the policy will be paid immediately upo receipt of due written proof of loss. If ar, benefit under this policy is payable to insured Person's estate or to a person who . a minor or is otherwise not competent to giv a valid release, Allstate may pay part of tl~ benefit (up to $1,000) to any blood relative c the Insured Person. Any payment made in good faith shall ful discharge Allstate to the extent of suc payment. LEGAL ACTION: Suit for benefits under tt policy cannot be brought sooner than 60 da, after Allstate received written proof of loss required, and no such action may be initiate after three years from the time written proof loss is required. CONFORMITY WITH STATE LAWS: Any pro,, sion of the policy which, on its effective date, in conflict with any law to which it is subject, amended to conform to the minimum requir ments of such law. AUTOPSY: Allstate at its own expense sh have the right and opportunity to make autopsy where it is not forbidden by law. ALLSTATE LIFE INSURANCE COMPAt Michael P. Duncan Louis G. Lower, Secretary President Your Bitting Rights KEEP THIS NOTICE FOR FUTURE USE his notice contains important information about your rights and our responsibilities under the Fair Credit Billina Act. I. Notify Us in Case of Errors or Questions About Your Bill If you think your bill is wrong, or if you need more information about a transaction on your bill,,vrite us on a separate sheet of paper at the address listed on your bill for Notice of Billing Errors. Write to us as soon as possible. 'r'ye must hear from you no later than 60 days after ,,e sent you the first bill on which the error or problem appeared. You can'telephone us, but doing so IMil not pre- serve your rights. In your letter, give us the following information: your name and account number. • the dollar amount of the suspected error. • describe the error and explain, a you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. 2. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, ,ve must either correct the error or ex- plain why we believe the bill was correct. After we receive your letter, we cannot try to col- lect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any ques- tioned amount while %%te are investigating, nut you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges re- lated to any questioned amount. If we didn't make a mistake, you may have to pay the finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we iiii send you a statement of the amount you ogle and the date that it is due. If you fail to oay the amount that we think you owe,,ve may report you as delinquent. However, if our explanation does not satisfy you and you write us within ten days telling us that you still refuse to pay, Ne must tell anyone we reportyou to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone ,are report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. 3. Special Rule For Credit Card Purchases If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the prob- lem with the merchant, you may have the right not to pay the remaining amount due on the goods orservices. There are Mo limitafions on this right: (a) you must have made the purchase in your home state or, if not within your home state, vrithin 100 miies of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if we own or op- erate the merchant, or if we mailed you the advertisement for the goods or services. BR REV. 10/89 h tb 1C] ?> V.J• `+?I-Y 1 Li JI.V VL?'t r 11 V'L e?.yra_ ?v ?. ?. AFFIDAVIT . , . 1. My name Is Phillip Reed, and I am a Team Leader for Discover Financial Services, Inc. 2. Greenwood Trust Company ("Greenwocd"), an FDIC-insured Delaware state bank, and its service affiliate, Discover Financial Services, Inc. ("DFSI'), f/k/a NOVUS Services, Inc., are wholly-owned subsidiaries of NOVUS Credit Services Inc. iii Rriifif ym! ImIRI MQ?i??rG? ?f?i Bi??QYgr P???'nurn Card and Private Issue Card, among o er cre I ca p 4. DFS1 provides servicing to Greenwood for those products, including among other things, marketing, application processing, card issuance, transaction authorization, Cardmember service, billing, security, collections, and the transmission of in±ormation to credit reporting agencies. 5. DFSI cotteets debts only for Greenwood and other DFSI corporate affiliates. FURTHER AFFIANT SAYETH NOT. Subscribed and swom before me this Anne M. Ruzicka My Commission expires 9-29-02 Philip Reed, Te Leader J Discover Financial Services, Inc. 9 day of ji-lb . l4 W of a< r r 1 O f try Ct p F:kLAWY USEF.XDA1L41321FORMS!COL2.ECTION ATTORNEY AMDAVIT.DOc N ?a = 1 n v l r i r 1'd -? '? J tl i i` `: r ..J SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-06287 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS BRAZEL MICHAEL D R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BRAZEL MICHAEL D but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT , BRAZEL MICHAEL D 2908 WARREN WAY NOT FOUND , as to MECHANICSBURG, PA 17050 PER POST OFFICE, DEFENDANT'S NEW ADDRESS IS 2995 GWINNSTONE CIR SHELLVILLE, GA 30078-4507. Sheriff's Costs: So answe? "J Docketing 18.00 Service 8.88 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County nn 41.88 DOUGLAS MARINOS 12/30/2004 Sworn and subscribed to before me this /0- day of J-,&0,5-" A.D. L)L? Q . Pr honotary Curtis R. Long Prothonotary Offite of the Vrotbonotarp Cutnberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Qq - / 227 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573