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Supreme Cotiii 6 Pennsylvania At COUP ommonTleas For Prothonotary Use Only: >.. -s 1t'i, �i T Civil Cbver,rS Ibet Docket No: St CUMBERLAND , 5 -- / County 13 -30 ivlf rP,tW� 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 late or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer f E rom Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T DISCOVER BANK NAMPHONG S VANG I Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits 0 1 (check one) ❑ outside arbitration limits 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 an "X" to the left of the ONE case category that most accurately describes your IMARY CASE. If you are making more than one type of claim, check the one that 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 E mass tort) ❑Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other: I ❑ Other: Q MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY ❑ Toxic Waste MISCELLANEOUS ❑ Other: ❑Ejectment ❑ Common Law /Statutory Arbitration B ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY O Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated I 1112011 Ralph Gulko , Esq. ID# 32771 File # V64374 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 - Law. DISCOVER BANK NO' 13 - 3g77 a Ierm C/O DB SERVICING CORPORATION 6500 F, NEW ALBANY RD EAST' c NEW ALBANY OH 43054 Plaintiff, GMs: - versus- �- NAMPHONG S VANG (nr— ..� > Cis 4831 BRIAN RD MECHANICSBURG, PA 170503014 M ~? 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 is 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 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner 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 O 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 O QUE NO TENGAN QUE PARAG HONORARIOS. CUMB„ZRLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 - 800 - 990 -9108 $ 103 P13 A7 'ti 0 , -1 Qa3-531 2 19a 94 PRESSLER and PRESSLER, LLP Attorneyys for Plaintiff BY: Ral h Gulko , Esq. File # V64374 I.D . 3771 804 West Avenue Jenkintown PA 19046 1 - 215 - 576 -1900 DISCOVER BANK C/0 DB SERVICING CORPORATION COURT OF COMMON PLEAS 6500 NEW ALBANY RD EAST CUMBERLAND COUNTY, PENNSYLVANIA NEW ALBANY OH 43054 CIVIL ACTION -LAW Plaintiff VS. No: NAMPHONG S VANG 4831 BRIAN RD MECHANICSBURG, PA 170503014 Defendant(s) CIVIL ACTION COMPLAINT I. 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 Defendants) 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 sixty(60) days of receipt of the monthly cardmember statements as required pursuant to the Fair Credit Billing Act ( "FCBA ") an amendment to the Truth in Lending Act ( "TILA ") 15 U.S.C. Section 1601. 13. The Plantiff believes, and therefore avers, that the Defendant(s) last payment in regards to their obligation was processed on or about 09/04/2012 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 04/30/2013 was $16,103.99; 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 IS. 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), NAMPHONG S VANG in the sum of $16,103.99 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), NAMPHONG S VANG 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), NAMPHONG S VANG in an amount not in excess of the Court's Arbitration limits, plus costs in accordance with law. Dated: Q Ral 4Gk Esq. Att rney fo 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. Ra h ulko EXHIBIT "A" DISCOVER VER YOUR DISCOVER® ACCOUNT CARDMEMBER AGREEMENT ................ Pages 1 -16 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 ................. Pages 25 The terms and conditions of this free travel assistance benefit. ©2011 Discover Bank, Member FDIC TL231-1.0211 11 DCM 0 _ 1 -2 1/11/11 8:52 AM i 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 12 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 ................... 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 AnnualFee ..................... ..............................9 LateFee ....... ............................... Returned Payment Fee .............. .....................9 Returned Discover Card Check Fee 9 Research Fee ............... 9 .......... DEFAULT AND CANCELLATION ....... ..............................9 -1- 11 DCM0 _02BOK_TL23H0211_00083.indd 3-4 1/11/11 9:52AM 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 t Reporting Agencies .........................10 accordance with such additional terms and conditions as we may offer Our Communications with You .... .............................10 from time to time. Electronic Notices to to You .... ......our Account .......................11 In addition, your Account may be used to guarantee reservations at Electric Nou ............................11 Notices participating establishments. You will be liable for guaranteed reservations CLAIMS AND D DISPUTES . .... .11 that are not cancelled prior to the time specified by the establishment. Your Your Information .............. ............. .............................11 household and charitable Account may be used for personal, family, Merchant Disputes .............. .............................11 Claim Notices ................... .............................11 purposes. Arbitration of Disputes ........... .............................12 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 Severability ................. ........... ..,,..,,..,,,,,,,,,,,,14 reside or where you are physically located when you use the Account to 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 "APR" means an annual percentage rate. which the transaction is made. The rate used will be the rate in effect on the conversion date for the transaction, which may be different than the "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 Your Acceptance of this Agreement The use of your Account or a Card by APR section. Each offer will contain an expiration date. If you attempt to you or an Authorized User, or your failure to cancel your Account within 30 transfer balances by means of a check after the expiration date, an will treat the transaction as a cash advance. We will not make balance tran days after receiving a Card, means you accept this Agreement, including the sfers attempted ra means of s coupon after the expiration date. We may charge Arbitration of Disputes section on page 12. 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. Permitted Uses of Your Account Your Account may be used for: Credit Authorizations. Certain transactions will require our authorization 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 z_ -3- 11 DCMC- 0280K— TL23H0211_00083.indd 5.6 1/11/11 9:52AM Box 30943, Salt Lake City, UT 84130 -0943. None of your rights under this to use your Account or a Card, even if you do not notify us that others are Agreement (other than to pay amounts owed) may be exercised by any using your Account or a Card. If you pay us in other than U.S. dollars, we person not a parry to this Agreement acting pursuant to a power of may refuse to accept the payment or charge your Account our cost to attorney, without our separate written agreement (which we are not convert your payment to U.S. dollars. All checks must be drawn on funds on obligated to give). deposit in the U.S. You may not use a cash advance check, balance transfer Unauthorized Use. Prior to its use, each Card must be signed by the person check or coupon, or any other promotional check drawn on any Discover to whom it is issued. If a Card is lost or stolen, or if you think that someone Bank credit card account to make payments on your Account. If your is using your Account or a Card without your permission, notify Account is a joint Account, each of you agrees to be liable individually and us immediately. You can notify us by telephoning 1. 800 - DISCOVER jointly for the entire amount owed on your Account. We can accept late (1- 800. 347. 2683), or by writing Discover, PO Box 30943, Salt Lake City, UT payments or partial payments or checks and money orders marked 841300943. You agree to assist us in determining the facts relating to any "payment in full" or with any other restrictive endorsement without losing theft or possible unauthorized use of your Account or a Card and to comply any of our rights under this Agreement with such procedures as we may require in connection with our Monthly Billing Statement We will send you a billing statement after each investigation. monthly billing period in which you have a debit or credit balance, unless Your Credit Lines. We will advise you of your Account credit line. We may we waive our right to do so as permitted by law. The billing statement will impose a lower line that will apply to cash advances, referred to as the cash show the purchases, cash advances, balance transfers, Interest Charges and advance credit line. We may also impose a lower line that will apply to other charges or fees and the payments or other credits posted to your balance transfers, referred to as the balance transfer credit line. You agree Account during the billing period. It will show your New Balance, Payment not to allow your unpaid balance, including Interest Charges and fees, to Due Date and Minimum Payment Due as of the end of the billing period. If exceed your Account credit line. If you exceed your Account credit line, we your prior month's payment is returned unpaid, your required Minimum may request immediate payment of the amount by which you exceed your Payment Due may be higher than shown on your billing statement See the Account credit line. Minimum Monthly Payment section on page 5. We may increase or decrease your Account credit line, your cash advance Monthly Payment Options. You may at any time pay the entire New credit line or your balance transfer credit line without notice. The credit Balance shown on your billing statement, but each month you must pay at available for your use may, from time to time, be less than your Account least the Minimum Payment Due as described in the Minimum Monthly credit line. For purposes of determining your available credit, we reserve Payment section. All payments must be made in accordance with the terms the right to postpone for up to 15 business days reducing your unpaid stated on your monthly billing statement, as well as the payment cut -off balances by the amount of any payment that we receive. Your available time stated in this section, and we will credit your Account in accordance credit will not be increased by the amount of any credit balance. with those terms and this section. Payments received in proper form at our CHANGES TO THIS AGREEMENT processing facility by SPM local time on any day will be credited as of that From time to time, we may, to the extent permitted by law, change any day. Payments received in proper form at our processing facility after SPM term of this Agreement, including, but not limited to, any interest rate, fee local time will be credited as of the next day or method of computing any balance upon which the interest rate is Automatic Billing Arrangements. If your Account number and/or Card assessed, or add or delete any term to this Agreement We will give you expiration date changes and our records indicate you have automatic notice of the change in the time and manner required by law, whidh billing established with a merchant, we will attempt to provide your new includes 4S -days advance written notice in some circumstances. In Account information to that merchant. To ensure uninterrupted billing, we addition, to the extent required by law, we will offer you the opportunity recommend that you verify the merchant has your new Account to reject a change. For example, law requires, with certain exceptions, that information. You must contact the merchant directly if you do not wish to we offer you the opportunity to reject an increase in a late fee or the continue the automatic billing arrangement elimination of a grace period prior to the effective date of the change. If How We Apply Payments. We apply payments and credits at our discretion, you reject a change in accordance with the instructions in the notice including in a manner most favorable or convenient for us. In all cases, we provided, we will close your Account and you will no longer be able to use will apply payments and credits in accordance with applicable law. Each it for further transactions. You can then pay the remaining balance under billing period, to the extent your payments exceed the Minimum Payment the unchanged term. We may also change any term of any product, service Due shown on your current billing statement, we will apply these excess or benefit offered in connection with your Account We will notify you as amounts generally in order of the APR applicable to the balance of each required by law or by the terms of the product, service or benefit transaction category (as referenced in the INTEREST CHARGES section), MAKING PAYMENTS from highest to lowest, beginning with the balance subject to the highest Promise to Pay. You agree to pay us in U.S. dollars for all purchases, cash 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 advances and balance transfers including applicable Interest Charges and longest remaining duration before promotional balances with shorter other charges or fees, incurred by you or anyone you authorize or permit remaining durations. -4- -5- i _ 7.8 1/11/17 9:52 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 be the greater of: Transaction Date shown on your billing statement, unless the transaction is • the New Balance shown on your billing statement for that billing period posted to your Account after the close of the billing period in which it if it is less than $15; occurs, in which case the transaction will be added to the daily balance as • $15 if the New Balance is $15 or more; or of the first day of the billing period in which it is posted to your Account. • any past due amount plus the greater of: All fees charged to your Account are added to the standard purchase • 2% of the New Balance (excluding current Interest Charges and Late transaction category with the exception of Cash Advance Fees which are Fees) rounded up to the nearest dollar or g added to the applicable cash advance transaction category and Balance • current Interest Charges plus Late Fees plus $15 (not to exceed 3% of categoeryFees which are added to the applicable balance transfer transaction the New Balance) rounded up to the nearest dollar. Balance Subject to Interest Rate. Your statement shows a Balance Subject to We may also include some or all the amount by which you exceed your Interest Rate. It shows this for each transaction category. The Balance Account credit line. We may subtract certain fees to calculate the Minimum Subject to Interest Rate shown on your statement is the average of the daily Payment Due. The Minimum Payment Due will never exceed the New balances during the billing period. Balance. Paying Interest We begin to impose Interest Charges on all transactions Skip -A- Payment Offers. We may from time to time allow you to not make and fees from the Transaction Date shown on your billing statement for the a Minimum Payment Due and will notify you when this option is available. transaction or fee. However, if a transaction or fee is posted to your If you take advantage of this offer and do not make a Minimum Payment Account after the close of the billing period in which it occurs, we begin to Due, Interest Charges and any applicable fees will accrue on your Account impose Interest Charges on that transaction or fee from the first day of the in accordance with this Agreement and you must pay the Minimum billing period in which it is posted to your Account. We begin to impose Payment Due for the following billing periods. Interest Charges on Interest Charges from the date they are added to your Credit Balances. We will refund any credit balance within seven business Account. We continue to impose Interest Charges on all transactions, fees days from receipt of your written request. If you do not request a refund, and Interest Charges until you pay the total amount you owe us. Your due we will automatically refund credit balances greater than $1 that remain in date will be at least 25 days after the close of each billing period except that your Account after 6 months. it will be at least 23 days after the close of each billing period that begins Pay -By- Phone. We may from time to time allow you to make payments by in February. If you paid the New Balance on your previous billing statement authorizing us over the telephone to transfer or pay funds from a deposit by the Payment Due Date shown on that billing statement, we will not account to your Account. We will not charge you a Pay -By -Phone Fee. p impose Interest Charges on new purchases, that is purchases first appearing INTEREST CHARGES on the current billing statement, or any portion of a new purchase, paid by the Payment Due Date on your current billing statement. We call this the How We Calculate Interest Charges — Daily Balance Method (including "grace period." There is no grace period on balance transfers or cash current transactions): We figure Interest Charges for each billing period. To advances. As more fully described in the section titled "How We Apply do this: Payments," we apply payments in a manner most favorable or convenient • We calculate your Interest Charges separately for each balance subject to for us and, to the extent your payments exceed the Minimum Payment Due different terms (for example, standard purchases, standard cash advances shown on your current billing statement, we will apply such excess amounts and each purchase, balance transfer and cash advance balance subject to generally in order of the APR applicable to the balance of each transaction promotional terms). We refer to these balances as transaction categories. category (as referenced in the INTEREST CHARGES section), from highest to • We figure the "daily balance" for each transaction category. To get the lowest, beginning with the balance subject to the highest APR as of the "daily balance" we take the beginning balance for each day, add any new date we credit your payment. This means that if you do not pay your transactions and fees and any Interest Charges accrued on the previous balance in full each month, then, depending on the balance to which we day's daily balance. We then subtract any credits and payments and make allocate your payment, you may not be able to get a grace period on new other adjustments (including those adjustments required in the section purchases. titled Paying Interest). In calculating the daily balance for the first day of Annual Percentage Rates. The daily periodic rate and corresponding APR the billing period, we consider the "previous day's daily balance" to have that apply to each transaction category are set forth in your Pricing been your balance on the last day of your previous billing period. This Schedule. The daily periodic rate is 1/365th of the corresponding APR. gives us the daily balance for each transaction category. Variable Interest Rates. One or more daily periodic rates and corresponding • We figure the Interest Charges on your Account by multiplying the daily APRs that apply to a transaction category may be variable rates as set forth balance for each transaction category by its daily periodic rate, for each in your Pricing Schedule or in any special offers you receive from us. day in the billing period. Variable APRs are determined by adding a specified number of percentage • The total Interest Charges for the billing period are the sum of the daily points to the Prime Rate. This is shown on the Pricing Schedule as "Prime + Interest Charges for each transaction category for each day during that (percentage points)." For purposes of this Agreement, the Prime Rate is the billing period. -6- . 7 - 11 DGM 0 _02BOK_TL231-10211_00083.indd 9 -10 1/11/11 9:52AM 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 o best interest rate available to a borrower at an bank at any Foreign Currency fee. We will charge you a Foreign Currency Fee of 2% of If you have a variable rate, your APR will increase or decrease when he the U.S. dollar amount of each purchase made in a foreign currency. Prime Rate changes. This change will be effective beginning with the first Minimum Interest Charge. We will charge you a minimum Interest Charge day of the billing period that begins during the same calendar month asthe of $.So for any billing period in which Interest Charges of less than $.50 change in the Prime Rate. An increase in the APR may increase your would otherwise be imposed. Minimum Payment Due. Annual Fee. If your Pricing Schedule accompanying your Card includes an Penalty APR. Each time that you do not make the Minimum Payment Due Annual Fee, we will charge you an Annual Fee in the amount indicated. We by the Payment Due Date we may, in accordance with applicable law. will charge you this fee when we open your Account and at the beginning (i) terminate the availability of any promotional APRs on new purchases of each anniversary year your Account is open. The Annual Fee is not and balance transfers; and refundable, except as provided by law. 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 Penalty APRs. Due Date, to make the Minimum Payment Due that was required to be paid for that billing period. The amount of the Late Fee is $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 Pa with the Prime Rate.) When we first determine the variable Penalty APRs, y i Fee. We will charge you a Returned Payment Fee any ti we use the Prime Rate effective for the billing period in which you pay late, me you pay th a check or other instrument that is returned unpaid. The variable Penalty APRs are determined in accordance with the Variable This fee will also w so apply e d a debit transaction on a deposit account from Interest Ratessection. We will baseyourPenaltyAPRonyourcreditworthiness a ll or a part you have auth yo in writing, electronically or orally, to deduct and other factors such as your current APRs and your Account history. If we all a an amount you owe us under this Agreement is returned increase any of your APRs to a Penalty APR, we will send you a notice, in unpaid. We wit ll charge you this fee the first time any payment is returned unpaid, even if it is paid upon resubmission. The amount of the fees $25, accordance with applicable law, advising of @ the date the new Penalty APR will a except the amount of any subsequent Returned Payment Fee assessed pply (the 'Penalty APR Effective Date") (i) the new purchases during the next six billing periods after a Returned Payment Fee is assessed and balance transfersto which it will be applied (note: the new Penalty APR is 535. 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 fourteen days after we mail or deliver the notice to you, or (ii) were posted Returned Discover Card Check Fee. We will charge you a Returned Discover to your Account after the current Penalty APR Effective Date. Your Account Card Check Fee each time we decline to honor a Discover Card cash advance will not be subject to a Penalty APR for the first twelve billing periods after check, balance transfer check, promotional purchase check, or other your Account is first opened. promotional check. The amount of the fee is $25, except the amount of any If your APR for purchases or balance transfers was increased to a Pena subsequent Returned Discover Card Check Fee assessed during the next six APR, we will, to the extent required by applicable law, periodically review The Returned Discove r billing periods after a Returned Discover Card Check Fee is assessed r Card Check Fee will never exceed the amount o the your Account to determine if any of those APRs should be reduced. An f the reduced APRs on new and existing balances may be different and may be check and will never exceed the amount permitted bylaw. higher than your previous standard APRs for purchases and/or balance Research Fee. We may charge you a Research Fee of $5 for each copy of a transfers or any promotional rate. billing statement or sales slip that you request However, we will not charge FEES a fee if you request copies in connection with a billing error. Cash Advance Fee. Unless otherwise specified in a cash advance offer, we DEFAULT AND CANCELLATION will charge you a Cash Advance Fee in the amount indicated on your Pricing Types of Default. You are in default if you become insolvent; if you file Schedule. All forms of cash advances, including the use of Discover Card a bankruptcy petition or have one filed against you; if we have a checks, regardless of the purpose for which used, are subject to a Cash reasonable belief that you are unable or unwilling to repay your Advance Fee. obligations to us; if you are declared incompetent by a court or if a court Balance Transfer Fee. Unless otherwise specified in a balance transfer offer, if you fai appoints a guardian for you or a conservator for your assets; if you die; we will charge you a Balance Transfer Fee of 5% of the amount of each new l to comply with the terms of this Agreement, including failing g_ 9 11DCM0_0280K TL23H0211_00083.indd 11.12 1/11/11 9:52 AM to make a required payment when due, exceeding your Account credit and calls to your cell phone to contact you about your Account or to line or using your Card or Account for a Prohibited transaction; or if you offer you products or services that may be of value to you. If you prefer fail to make a required payment when due on any other account you not to be contacted in one or more of these ways, you must either have with us. telephone us at 1. 800 - DISCOVER (1 -800 -347 -2683) or write to us at Consequences of Default If you are in default, we may declare the Discover, PO Box 30961, Salt Lake City, UT 84130.0961. entire balance of your Account immediately due and payable without Releasing Information About Your Account We provide various methods notice. If we refer the collection of your Account to an attorney or by which you can obtain information about your Account. We will only employ an attorney to represent us with regard to recovery of money release such information to you, any Authorized User that our records that you owe us, we may charge you reasonable attorneys' fees and indicate is an authorized buyer on your Account, and any other person with court or other collection costs as permitted by law and as actually your prior permission, in addition to as provided in our Privacy Policy or as incurred by us, including fees and costs in connection with any appeal. required by law. Our security measures cannot insure against unauthorized We may delay enforcing or not enforce any of our rights under this inquiries. You agree that we will not be responsible for the release of Agreement without losing or waiving any of them. information to anyone who, even 4 without your authorization or Cancellation. You may cancel your Account by notifying us in writing or permission, has gained possession of a Card or has learned other identifying by telephone and returning or destroying every Card and unused check characteristics about you such as your personal identification number, that we have provided you. You can notify us by telephoning Account number or social security number. 1. 800 - DISCOVER (1. 800. 347 - 2683), or by writing Discover, PO Box 30943, Electronic Notices to You. We may offer you the opportunity to receive Salt Lake City, UT 84130 -0943. Of course, you will still be responsible to certain notices from us electronically rather than through the mail, pay any amount you owe us according to the terms of this Agreement. including monthly billing statements and change of terms notices. The If your Account is a joint Account, either Cardmember may cancel the terms and conditions for receiving these electronic communications w ll be Account, but you will both remain responsible to pay any amount owed described in the offer. to us according to the terms of this Agreement. We may cancel or Notices— Changes to Your Information. Hyou change your e-mail address, suspend your Account at any time without notice. We may choose not to mailing address or telephone number you must notify us of your new renew your Account (beyond the expiration date shown on the face of a address or telephone number within 15 days. You can notify us by Card) without notice. You must return any Card or unused checks to us telephoning 1. 800 - DISCOVER (1 -80D -347 -2683) or by writing Discover, PO l upon request. Box 30943, Salt Lake City, UT 84130 -0943. If your Account is a joint Account, PRIVACY AND OUR COMMUNICATIONS WITH YOU any notice we mail to an address you have provided for the Account will Our Privacy Policy. We may from time to time review your credit, serve as notice to both Cardmembers. employment and income records. We respect the privacy of information CLAIMS AND DISPUTES about you and your Account. Our Privacy Policy includes a summary of the personal information we collect, when it may be shared with others, Merchant Disputes rd are not responsible for the refusal id anyone to how we safeguard the confidentiality and security of information and acceptor honor a Card id to accept checks that we have provided you. If a the steps you may take to limit our sharing of such information with merchant fails to provide your purchase in your satisfaction and you others. Please read it carefully as it is part of your Cardmember request a credit to your Account we will investigate the dispute. H we Agreement, resolve the dispute in your favor, we will issue a credit to your Account and you will be deemed to have assigned to us your claim against the merchant Reporting to Credit Reporting Agencies. As indicated in our Privacy and/or any third party for the credited amount. Upon our request, you Policy, we may report to credit reporting agencies and other creditors agree to provide us with written evidence of such assignment. the status and payment history of your Account, including negative Claim Notices. In the event that you or we have a claim that arises from or credit information. Late payments, missed payments or other defaults on relates to our Account, an your Account may be reflected in your credit report. We normally report y y prior account you had with us, your to such credit reporting agencies each month. If you believe that our application, the relationships which result from your Account or the report of your Account status is inaccurate or incomplete, please write us enforceability of the Agreement or any prior agreement, before initiating, at the following address: Discover, PO Box 15316, Wilmington, DE 19850- joining id participating in any judicial as arbitration proceeding, p either 5316. Please include your name, address, home telephone number and an individual litigant or member of a class ('Proceeding'), the complaining Account number. party shall give the other party: (1) a written notice of the claim ('Claim Our Communications with You. You a ree that our ersonnel ma listen Notice'), at least 15 days before initiating any Proceeding, explaining in 9 P Y reasonable detail the nature of the claim and any supporting facts; and (2) to or record telephone calls between you and our representatives a reasonable good faith opportunity to resolve the claim without the without additional notice to you, including but not limited to calls we make necessity of a Proceeding. This includes any claims involving our parent including collect debts. corporation, subsidiaries, affiliates (including, without limitation, DFS g but not limiteed d to mail, live telephone calls, automated may use any medium permitted by law, Services LLC), predecessors, successors, assigns, as well as the officers, telephone equipment, prerecorded telephone calls, a -mail, text messages directors and employees of each of these entities. Any Claim Notice shall be -10- 11 110 _ 13.14 1/11/11 9:52 AM sent to us at Discover, PO Box 3024, New Albany, OH 43054 (or such other entitled to recover your arbitration filing, administrative and hearing fees, address as we shall subsequently provide to you) (the "Claim Notice reasonable attorneys' fees and /or other arbitration costs, we will be Address'.) or to you at your address appearing in our records or, if you are responsible for paying or reimbursing such costs and fees if awarded by represented by counsel, to your attorney at your attorney's office. the arbitrator. Arbitration of Disputes. Agreement to arbitrate. In the event of any past, fees and Costs. At your written request, we will advance any arbitration present or future claim or dispute (whether based upon contract, tort , filing, administrative and hearing fees which you would be required to statute, common law or equity) between you and us arising from or pay to pursue a claim or dispute as a result of our electing to arbitrate that relating to your Account, any prior account you have had with us, your claim or dispute. Send requests to Discover, PO Box 30421, Salt Lake City, application, the relationships which result from your Account or the UT 84130 -0421. The arbitrator will decide who will ultimately be enforceability or scope of this arbitration provision, of the Agreement or of responsible for paying those fees. You will only be responsible for paying any prior agreement, you or we may elect to resolve the claim or dispute by or reimbursing our arbitration filing, administrative or hearing fees to the binding arbitration. IF EITHER YOU OR WE ELECT ARBITRATION, NEITHER extent you would have been responsible for paying "attorneys' fees and YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT court or other collection costs" had the action proceeded in court. In no OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE- HEARING DISCOVERY event will you be required to pay any fees or costs iricurred by us in RIGHTS AND POST- HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER connection with an arbitration proceeding where such a payment or YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN reimbursement is prohibited by applicable law. ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WITH RESPECT TO Hearings and Decisions. Any arbitration hearing will take place in the OTHER ACCOUNTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS federal judicial district where you reside. The arbitrator shall follow A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY applicable substantive law to the extent consistent with the FAA and GENERAL CAPACITY ( "Class Action Waiver "). applicable statutes of limitations and shall honor claims of privilege Notwithstanding anything else to the contrary in this arbitration provision, recognized at law and shall be authorized to award all remedies only a court, and not an arbitrator, shall determine the validity and effect permitted by the substantive laws that would apply if the action were of the Class Action Waiver. Even if all parties have opted to litigate a claim pending in court. If requested by any party, the arbitrator shall write an in court, you or we may elect arbitration with respect to any claim made opinion containing the reasons for the award. The arbitrator's decision by a new party Or any new claims later asserted in that lawsuit and will be final and binding except for any appeal rights under the FAA and nothing undertaken therein shall constitute a waiver of any rights under except that if the amount in controversy exceeds $100,000, any party may this arbitration provision. We will not invoke our right to arbitrate an appeal the award within 30 days to a three-arbhrator panel, which shall individual claim you bring in small claims court or your state's equivalent review the award de novo. Unless applicable law provides otherwise, the court, if any, unless such action is transferred, removed or appealed to a appealing party will pay the cost of the appeal, regardless of its o come. ut different court. However, we will consider in good faith any reasonable request for us to Governing Law and Rules. Your Account involves interstate commerce and bear the fees charged by the arbitration administrator and the arbitrators this provision shall be governed by the Federal Arbitration Act (FAA). The in connection with the appeal. Judgment upon any award by the arbitration shall be conducted, at the option of whoever files the arbitrator may be 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 directors and employees of each of these entities, and will also inure to 34, New York, NY 10018, www.jamsadreom (phone 1- 800 - 352 - 5267). No the benefit of any third parry named as a co-defendant with us or with other arbitration forum will be permitted, except as agreed to pursuant to any of the foregoing in a claim which is subject to this arbitration either the Changes to this Agreement section or a writing signed by both provision. Your rights and obligations under this arbitration provision shall parties. If neither AAA nor JAMS is able or willing to serve as the inure to the benefit of and be binding upon all persons contractually arbitration administrator and we and you are unable to agree on a liable under this Agreement and all Authorized Users of the Account. replacement administrator or arbitrator, then a court of competent Survival of this Provision. This arbitration provision shall survive jurisdiction will appoint an administrator or arbitrator or arbitrators (in termination of your Account as well as volunta a the case of an appeal to a panel of three arbitrators as described below). ry p y you, in full by you, any Unless consented to by all parties, no arbitration may be administered by legal proceedings by us to collect a debt owed by you, any bankruptcy any administrator or arbitrated by any arbitrator that has any formal or by you and any sale by us of your Account. informal policy, rule or procedure that is inconsistent with or purports to Right to Reject Arbitration. You may reject the Arbitration of Disputes override the terms of this section. If we elect to resolve a claim or dispute section by providing us a notice of rejection within 30 days after receiving by binding arbitration and the arbitrator issues an award in your favor on a Card, at the following address: Discover, PO Box 30938, Salt Lake City, a claim or claims with respect to which you would not otherwise be LIT 84130.0938. H you were previously subject to arbitration with respect -12- -13- 110CMO_02BOK T 15.16 11111/11 9:52 AM, to any account with us, this right to reject arbitration will not apply to you. In your letter, give us the following information: Your rejection notice must include your name, address, telephone number, . Account information Your name and account number. Account number and signature and must not be sent with any other correspondence. Calling us to indicate that you reject the Arbitration of • Dollar amount The dollar amount of the suspected error. Disputes section or sending a rejection notice in a manner or format that • Description of Problem If you think there is an error on your bill, describe does not comply with all applicable requirements is insufficient notice. In what you believe is wrong and why you believe it is a mistake. order to process your notice, we require that the notice be provided by You must contact us: you 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 obligation to arbitrate disputes under any other account as to which you • At least 3 business days before an automated payment is scheduled, if you and we have agreed to arbitrate disputes. If you do not send a rejection want to stop payment on the amount you think is wrong. 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 you do we are not required to investigate any potential errors and you may have 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 Haopen After We Receive Your Letter Severebility. 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 da of receivin of Disputes section will be void with respect to that proceeding. Ys g your letter, we must either correct the error or explain Compliance with Interest Rate Limitations. We intend that this Agreement a you why et believe the bill is correct. W will comply with applicable interest rate limitations. You will not be While we investigate whether a not there has been an error. required to pay Interest Charges or other charges at a rate that is greater ' We cannot try to tolled the amount in question, or report you as than the maximum amount permitted by law. If it is ever finally delinquent on that amount. determined that, but for this section, the Interest Charges or other charges • The charge in question may remain on your statement, and we may under this Agreement would exceed the maximum lawful amount, the continue to charge you interest on that amount. Interest Charges and other charges will be reduced to the maximum • While you do not have to pay the amount in question, you are responsible lawful amount. Any excess amount that you have already paid will be used for the remainder of your balance. to reduce the outstanding balance of your Account or will be refunded to . We can apply any unpaid amount against your credit limit. you by means 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 this Agreement will be governed by applicable federal law and, to the • I we made a mistake You will not have to pay the amount in question or 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 We may sell, assign or transfer your Account or an portion thereof in question, along with applicable interest and fees. We will send you a Y P statement of the amount you owe and the date payment is due. We may without notice to you. You may not sell, assign or transfer your Account then report you as delinquent if you do not pay the amount we think you without first 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 Ad If we do not follow all of the rules above, you do not have to pay the first What To Do If You Find A 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 If 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. -14- 15 11 DCM0 _02BOK_TL23H0211_00083.indd 17 -18 1/11/11 8.52AM To use this right, all of the following must be true: maximum limit of insurance will be divided proportionally among the I. The purchase must have been made in your home state or within 100 Insured Persons, based on each applicable Benefit Amount. In the event miles of your current mailing address, and the purchase price must have of multiple Accidental deaths per Account arising from any one been more than $50. (Note: Neither of these are necessary if your Accident, the Company's liability for all such Losses will be limited to a purchase was based on an advertisement we mailed to you, or if we own maximum limit of insurance equal to two times the applicable Benefit the company that sold you the goods or services.) Amount for Loss of Life. Benefits will be proportionately divided among 2. You must have used your credit card for the purchase. Purchases made the Insured Persons up to the maximum limit of insurance. with cash advances from an ATM or with a check that accesses your credit DEFINITIONS: card account do not qualify. Accident or Accidental means a sudden, unforeseen and unexpected 3. You must not yet have fully paid for the purchase. event happening by chance, and includes unavoidable exposure to If all of the criteria above are met and you are still dissatisfied with the elements arising from a covered Hazard. purchase, contact us in writing at: Accidental Bodily Injurvfiesl means bodily injury which is Accidental, is Discover the direct source of a Loss, is independent of disease, illness or other PO Box 30945 cause and occurs while this policy is in force. Salt Lake City, UT 84130 -0945 Account means a Card account. While we investigate, the same rules apply to the disputed amount as Benefit Amount means the Loss amount at the time the entire cost of the discussed above. After we finish our investigation, we will tell you our passenger fare is charged to an Account. decision. At that point, if we think you owe an amount and you do not pay, Card means the Discover Card. we may report you as delinquent. Cardmember means the holder of the Card whose name appears on the credit card. DESCRIPTION OF COVERAGE Com an means the Federal Insurance Company. SCHEDULED AIR TRAVEL ACCIDENT INSURANCE Covered Trio means travel on a Scheduled Aircraft when the entire cost of the passenger fare for such transportation, less redeemable Discover® Cardmembers are provided with $500,000 Scheduled Air Travel certificates, vouchers or coupons, has been charged to the Insured Accident Insurance.* You, your Spouse, Domestic Partner or eligible Person's Account. Dependent Children for whom a ticket was purchased on your Card (as Dependent Child or Children means those children, including adopted defined below) will be automatically insured against Accidental Loss of Life arising from and occurring n a Covered Trip while you our Spouse, children and those children placed for adoption, who are primarily g P y Y P dependent upon the Insured Person for maintenance and support and Domestic Partner or eligible Dependent Children for whom a ticket was exiting purchased on your Card are riding as a passenger in or who are: (1) under the age of 19 and reside with the Insured Person; ed a beyond the age 19, permanently mentally or physically challenged or being struck by a Scheduled Aircraft or a conveyance operated by a and incapable of self f support; or (3) under the age of 25 and classified as military transport service or riding as a passenger in or entering or full -time students at an institution of higher learning. exiting any conveyance licensed to carry the public for a fee and while traveling directly to or from the airport immediately preceding the Domestic Partner means a person who: (i) is at least 18 years of age and departure of a Scheduled Aircraft on which the Insured' Person has competent to enter into a contract; (2) is not related to the Insured purchased passage and immediately following the arrival of a Schedule Person by blood; (3) has exclusively lived with the Insured Person for at Aircraft on which the Insured Person was a passenger. least one year prior to the date of enrollment; (4) is not legally married *Coverage is underwritten by Federal Insurance Company, a member or separated; and (5) as of the date of enrollment, has with the Insured insurer of the Chubb Group of Insurance Companies. Certain limitations Person at least two of the following financial arrangements: (a) a joint and exclusions apply mortgage or lease; (b) a joint bank account; (c) joint title to or ownership of a motor vehicle or status as a joint lessee on a motor vehicle lease; or PLAN FEATURES (d) a joint credit card account with a financial institution. Neither the THE BENEFITS: The full Benefit Amount ($500,000) is payable for Insured Person nor the Domestic Partner can be married to, nor in a civil Accidental Loss of Life. The Loss must occur within one year of the union with, anyone else. Accident. Hazard means the covered circumstances for which this insurance is MAXIMUM LIMIT OF INSURANCE: If more than one Insured Person provided as stated in Section III of the Declarations, Hazards, and suffers a Loss in the same Accident, the Company will not pay more than described in the Hazards form, as described on page 1 of this Description the maximum limit of insurance ($20,000,000) per Accident. If an of Coverage. Accident results in Benefit Amounts becoming payable, which when Insured Person means all Cardmembers, their spouses, Domestic Partners totaled, exceed the applicable limit of insurance shown above, the and Dependent Children, as well as authorized users of the Account. 16- 17_ 11 DCMO _ 19 -20 1/11/11 9:52AM Loss means the Loss of Life. aircraft owned, leased or operated by an employee of the Policyholder Loss of Life means death, including clinical death determined by the on behalf of the Policyholder (this exclusion does not apply to aircraft local governing medical authorities. chartered with pilot or crew on one time charter basis), (2) an accident Polic older means DFS Services LLC, the entity responsible for the while an Insured Person is in, entering, or exiting any aircraft while payment of premium. acting or training as a pilot or crew member (this exclusion does not Scheduled Aircraft means an aircraft owned and /or operated by a apply to passengers who temporarily perform pilot or crew functions in Scheduled Airline a life threatening emergency); (3) emotional trauma, mental or physical Scheduled Airline means an airline which is either of United States illness, disease, pregnancy, childbirth or miscarriage, bacterial or viral registry and certified by the United States government infection, or bodily malfunctions (except bacterial infection caused by an g to carry Accident or from Accidental consumption of a substance contaminated passengers on a regularly scheduled basis or of foreign register and by bacteria); (4) suicide, attempted suicide or Loss that is intentionally approved by the United States government and the appropriate foreign self - inflicted; or (5) declared or undeclared War. authority. CLAIM NOTICE: Written claim notice must be given to the Company War means hostilities following a declaration of War by a government within 90 days after the occurrence of any Loss covered by this policy or authority. If there is no declaration of War, then (1) armed, open and as soon as reasonably possible. Failure to give notice within 90 days will continuous hostilities between two countries or (2) armed, open and not invalidate or reduce any otherwise valid claim if notice is given as continuous hostilities between two factions, each in control of territory, soon as reasonably possible. or claiming jurisdiction over the site of the area of hostility. CLAIM FORMS: When the Company receives notice of a claim, the DISAPPEARANCE BENEFITS: If the Insured Person has not been found Company will send you forms for giving within one year of the disappearance, stranding, sinking, wrecking or days. If you do not receive the forms, you should end the C m breakdown of any Scheduled Aircraft or conveyance in which the written description of the Loss. Insured Person was covered as an occupant, it will be assumed, subject to all other terms of the policy, that the Insured Person has suffered Loss of CLAIM PROOF OF LOSS: Complete proof of Loss must be given to Life covered under this policy. Company within 90 days after the date of Loss, or as soon as reasonably EXPOSURE BENEFITS: Accident includes unavoidable exposure to possible. Failure to give complete proof of Loss within these time frames elements arising from a covered Hazard. P will not invalidate any otherwise valid claim if notice is given as soon as reasonably possible and in no event later than one year after the ELIGIBILITY: This insurance plan is provided to Insured Persons deadline to submit complete proof of Loss. automatically when the entire cost of the passenger fare(s) on a CLAIM PAYMENT: The Company will a P Y p a y You or your beneficiary the Scheduled Airline is charged to the Cardmember's Account while the insurance is effective. It is not necessa for y ou to notify the Pol applicable Benefit Amount within h days after complete proof y Loss Y ur Y c received and if you, the Policyholder and /or the beneficiary have or the Company when Scheduled Airline tickets are purchased. complied with all the terms of the polity. EFFECTIVE DATES: Your insurance under this insurance plan is effective ARBITRATION: In the event of a dispute under this policy, either the on the later of: 1) April 1, 2007; or 2) the date you become an eligible Company or the Insured Person may make a written demand for Cardmember. Your insurance coverage under this insurance plan will arbitration. In that case, the Company and the Insured Person will each cease on the earlier of: (1) the date the insurance coverage is terminated; select an arbitrator. The two arbitrators will select a third. If they cannot or (2) the date you cease to be an eligible Cardmember. agree within 15 days, either the Company or the Insured Person may COST: This insurance plan is provided at no additional cast to eligible request that the choice of arbitrator be submitted to the American Insured Persons for Covered Trips. Policyholder pays the full cost of the Arbitration Association. The arbitration will be held in the state of the insurance. Insured Person's principal residence. THE BENEFICIARY: The Lass of Life benefit will be paid to the beneficiary IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE designated by you. If no such designation has been made, that benefit CLAIMS SERVICE CENTER AT t- 800 - CLAIMS -0 (1- 800 - 252. 4670). will be paid to the first surviving beneficiary in the following order: a) You can also go to the Company Web site (wwwchubb.com), click on your spouse; b) your children; c) your parents d) your brothers and sisters, Report a Loss, select Accident, Benefits and Life claims, select the e) your estate. All other indemnities will be paid to you. If you wish to appropriate form, print out the claim form, fill out and mail. You can file change your beneficiary, you may request a beneficiary designation form a claim by mail or fax. by writing to the plan administrator at: The Direct Marketing Group, Inc., 13265 Bedford Avenue, Omaha, NE 68164 or at Beneficiaryrequest@ Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES TheDirectMG.com. CLAIMS SERVICE CENTER EXCLUSIONS: This insurance plan does not cover Loss resulting from: (1) 600 INDEPENDENCE PARKWAY an Accident occurring while an Insured Person is in, entering, or exiting PO BOX 4700 any aircraft owned, leased or operated by this Policyholder or any CHESAPEAKE, VA 23327 -4700 Fax Number. 1- 800. 300.2538 78 _ 19 11 DCM 0 _ 21 -22 1/11/11 9:52 AM I . As a handy reference guide, please read this and keep it in a safe place with charged or debited to your Account. It is not necessary for you to notify your other insurance documents. This description of coverage is not a the Company at the time the rental fee is charged or debited to your contract of insurance but is a summary of the principal provisions of the Account. insurance while in effect. Complete policy provisions are contained in the • You must decline the Loss/Damage Waiver offered by the vehicle Rental Master Policy, which can be obtained from the Policyholder: Policy #9906.18.06 Agency. Poli Underwritten B • You must rent the vehicle in your own name and sign the vehicle rental cy y Plan Administrator agreement/contract. Federal Insurance Company The Direct Marketing Group, Inc. . The coverage period will not exceed 31 consecutive days, or 45 a member insurer of the 13265 Bedford Avenue consecutive days if the Insured is an employee of an organization which Chubb Group of Insurance Companies Omaha, NE 68164 15 Mountain View Road, PO Box 1615 has provided a Card to the Insured for business use. Warren, NJ 07061.1651 THE KIND OF COVERAGE YOU RECEIVE: In consideration of the premium paid by the Policyholder as required, and subject to all the terms of the Policy, the Company agrees to reimburse on DESCRIPTION OF COVERAGE an Actual Cash Value basis either the Insured or the Rental Agency for repair or replacement of the Rented Automobile as a result of Collision SECONDARY RENTAL CAR COLLISION COVERAGE Damage to the Rented Automobile. The Company's liability will be for a Discover® Cardmembers can benefit from the security and safety offered maximum reimbursement of $25,000. In no event will the Company be through Excess Collision Damage Waiver. If you rent a vehicle for 31 liable beyond the amounts actually paid by the Insured or the Rental consecutive days or less (or 45 days under certain circumstances described Agency. below) with your Card (as defined below), you may be eligible for benefits • If you or an Insured's primary vehicle insurance or other coverage has under this coverage. Excess Collision Damage Waiver is an insurance made payments for a covered loss, Excess Collision Damage Waiver will program, underwritten by Federal Insurance Company Policy #9906 -17 -63 cover your deductible and any other eligible amounts not covered by (the "Policy"). other insurance. DEFINITIONS: • This coverage is not all- inclusive, which means it does not cover such Account means a Card account. things as personal injury or personal liability. It does not cover you for any Actual Cash Value means the cost to repair or replace the Rented damages to other vehicles or property. It does not cover you for any injury Automobile at the time of loss, less depreciation. to any party. Cardmember means the holder of the Card whose name appears on the WHO IS COVERED: credit card. • Discover Cardmembers Card means the Discover Card. EXCLUDED RENTAL VEHICLES: Collision Damage means the direct and accidental damage to a Rented Off -road, antique or limited edition motor vehicles•, trucks; recreational Automobile caused by upset or collision with another object. Collision vehicles, campers, pickup trucks, and mini - buses; limited edition motor Damage does not include loss caused by missiles, falling objects, fire, theft vehicles or high value, exotic, high performance or collector type. High or larceny, explosion, earthquake, windstorm, hail, water, flood, malicious value motor vehicles are motor vehicles whose replacement value exceeds mischief or vandalism, riot or civil commotion. $50,000, and antique motor vehicles are defined as any vehicle over 25 years Comoanv means the Federal Insurance Company old, or any vehicle which has not been manufactured for 10 years or more. Insured means Cardmembers and authorized users of the Account. WHERE YOU ARE COVERED: Poligtolde r means DFS Services LLC, the entity responsible for the payment • Coverage applies to vehicles rented anywhere in the world. of premium. • Coverage is not available where prohibited by law. Rental Aaencv means a commercial automobile rental company licensed WHAT IS NOT COVERED: under the laws of the applicable jurisdiction. Coverage does not apply to loss resulting from the following: Rented Automobile means a four - wheeled private passenger type motor • Any dishonest, fraudulent or criminal act of the Insured. vehicle or a minivan manufactured and designed to transport a maximum • Forgery by the Insured. of seven passengers and used excursively to carry passengers. A Rented Automobile must be designed for travel on public roads and rented from • Loss due to war or confiscation by authorities. Rental Agency. • Loss due to nuclear reaction or radioactive contamination. TO GET COVERAGE: • The Insured being intoxicated, as defined by the laws of the jurisdiction • The Collision Damage Waiver Coverage is provided to you, as an Insured, where the loss occurred, or under the influence of any narcotic unless automatically when the entire rental fee for the Rented Automobile is prescribed by a physician. -20- _21_ 11 DCMp_0280K_TL23H0211_00083indd 23.24 . 1/11/11 9'5 M i • Use of the Rented Automobile to carry passengers and property for hire. • A copy of the automobile rental agreement. • Use of the Rented Automobile by a person other than the one authorized • A copy of the police report. to operate the Rented Automobile by the terms of the Rental Agreement. • Loss of use of the Rented Automobile. • A copy of the initial claim report submitted to the automobile Rental Agency. • Intentional damage to the Rented Automobile by the Insured. • A copy of the paid claim presented by the automobile Rental Agency for • Damage which is due and confined to wear and tear, freezing, mechanical the Collision Damage for which the Insured is responsible. or electrical breakdown or failure. • Proof of submission of the loss to, and the results of any settlement or • Damage to tires unless the loss is coincident with a covered loss. denial by the applicable insurance carrier(s). • Use of the Rented Automobile in tests, races or contests. • If no other insurance is applicable, a notarized statement from the Insured • The Rented Automobile being operated or located in any territory to that effect prohibited by the terms of the Rental Agreement. Reminder: Please refer to the Insurance Disclosures section. 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 Poli Underwritten B rented for use outside the United States, its territories and possessions; b cy y Plan Administrator the Insured is an employee of an organization which has provided the Card Federal Insurance Company ( "Company ") The Direct Marketing Group, Inc. to the Insured for business use; and (c) the Rented Automobile is rented a member a the 13265 Bedford Avenue Chubb G without a driver. roup Vie ox 1615 nce Companies 15 Mountain Omaha, NE 68164 HOW TO FILE A CLAIM UNDER EXCESS COLLISION DAMAGE WAIVER: Warren, N107061 16511 In the event of a claim, written or verbal notice must be provided as soon Master Policy Number: 990&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 (wwwchubb.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 CLAIM PROCEDURE: coverage. The Insured must send the Company written notice of a claim, including the Benefits to you: These benefits apply only to Cardmembers whose cards Insured's name and Policy number, within 90 days after a covered loss are issued by U.S. financial institutions. The United States is defined as occurs. If notice cannot be given within that time, it must be given as soon the 50 United States, the District la Columbia, American Samoa, Puerto as reasonably possible. To file a sworn Proof of Loss, the Insured must send Rico, Guam and the U.S. Virgin Islands. No person or entity other than the following information to the Company or its authorized representative: the Ca insurance p r shall have any legal equitable right, remedy, or claim for insurance proceeds and /or damages es 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 -22- -23- ,. I 11 DOM 0 _ 25 -26 1/11/11 9:52AMI were eligible for prior to the date that your Account is suspended or GLOBAL TRAVELER'S HOTLINE TERMS AND CONDITIONS cancelled subject to the terms and conditions of coverage of your The Global Traveler's Hotline provides Cardmembers and their families a Cardmember Agreement. wide range of free travel assistance benefits. It is operated by AXA Transfer of rights or benefits: No rights or benefits provided under these Assistance USA, Inc. Visit Discovercard.comftravel to learn more. insurance benefits may be assigned without the prior written consent of Eligibility. You must be a Cardmember whose Account is in good the Company. standing, the Cardmember's spouse or dependent child traveling with Misrepresentation and Fraud: Coverage of the Insured will be void if, at the Cardmember or an Authorized User of an Account in good standing. any time, the Insured has concealed or misrepresented any material fact Third -Party Charges. Global Traveler's Hotline is not insurance, so you or circumstance concerning this coverage or the subject thereof or the will be responsible for all third -parry fees and expenses for services interest of the Insured herein, or in case of any fraud or false swearing by requested, such as professional or medical fees. the Insured relating thereto. Availability of Services. Certain services may not be available in all areas. Coverage for an Insured will be void if, whether before or after a loss, the Call us at 1 -800- DISCOVER (1 -800 -347 -2683) for assistance or if you have Policyholder or its subscribing organization(s) has concealed or questions about a specific destination. Outside the U.S., call us collect at misrepresented any material fact or circumstance concerning this coverage 1 -801. 902. 3100. While AXA Assistance will make every reasonable effort or the subject thereof or the interest of the Insured therein, or in case of to provide the services, neither AXA Assistance nor Discover Bank or our any fraud or false swearing by the Policyholder or its subscribing respective affiliates will be liable if a service is not provided or for any organization(s) relating hereto. services that are provided by third parties. The services and these terms Addition of New Insureds: All eligible persons will be automatically and conditions are subject to change without notice. insured under this Policy. Examination Under Oath: It is a condition of this insurance that the Insured and the Policyholder, as often as may be reasonably required by the Company, will submit, and within its power cause others to submit, to examinations under oath and will produce for examination all writings, books of account, bills, invoices and other vouchers, or certified copies thereof if originals are lost, at such reasonable time and place as may be designated by the Company or its representative, and will permit extracts and copies thereof to be made. No such examination under oath, examination of documents or any other act of the Company, its employees or representatives in connection with the investigation of any loss or claim will be deemed a waiver of any defense and such acts shall be deemed to have been made or done without prejudice to the Company's liability. No Benefit to Others: This coverage will in no way inure directly or indirectly to the benefit of any insurer, person or organization or other bailee. Subrogation: It is a condition of this insurance that if the Company pays the Insured for a loss, it will require the Insured to assign and transfer any claim or right of action against any individual, firm or corporation for such loss to the Company or subrogate or hold in trust all such rights to the extent of the amount paid. The Insured will agree to take action as requested by the Company to enforce such rights. Upon payment by the Company to the Insured, the Insured agrees to direct enforcement of such rights as reasonably requested by the Company and to return to the Company any recovery to the extent payment of loss has been made by the Company. Arbitration: In the event of a dispute under this policy, either the Company or the Insured may make a written demand for arbitration. In that case, the Company and the Insured will each select an arbitrator. The two arbitrators will select a third. If they cannot agree within 15 days, either the Company or the Insured may request that the choice of arbitrator be submitted to the American Arbitration Association. The arbitration will be held in the state of the Insured's principal residence. -24- -25- 1 11DCM0 .028OK_TL23H0211.00093.indd 27 -28 1/11/11 952AM EXHIBIT "B" V� 3 -7 1 Discover More Card Account number ending in 9134 Open Dote: Mar 10, 2013- Close Date: Apr 9, 2013 Cordmember Since 2001 Page I of 4 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $15,842.21 New Balance �'`� - "`' ' , 516,10 99 Payments and Credits — $0.00 Minimum Payment Due' < �� ��. $2,403.00 Purchases + $0.00 Payment Due Date May 4, 2013 Balance Transfers + $0.00 - Includes past due amount of: �'` �' ��/ $2086.00 Cash Advances $0.00 �e Fees Charged S35.00 mod 9 Late Payment Warning: Wing: If we do no receive yorminimum payment by the Interest Charged + $226.78 date listed above, you rn y ha to to•pgy a late fee of'up to $35.00 and your New Balance S16,iO3.99 purchase orfd�;ba s loncetronsferAPRfor nii0`ron`sarions may be increased up to the Peno6 APk ai 21.74-% varibble. See Interest Charge Calculation section following the Minimum Paymen't,Wormng: If you make only the minimum payment each Transactions section for detailed APR information period; you willkpoy more in interest and it will take you longer to pay off your Credit Line $14,200 ,, balance. For example: Credit Line Available $0 Ifyoumake waddrhordlc6arges .You willpdyofftfre Andyouwnl{endup '� using thrstprd and eacfrit ri F balance shown on this: parng do esfimaled totQ Cosh Advance Credit Line $4,000 afi 'Yo pqy ;. rstatementinobout._.., of.. Cash Advance Credit Line Available $0 N I , Onl heminimumjjayment 40 years $46,287 You may be able to avoid interest on Purchases . " If yo ,would >like information about credit counseling services, call 1- 800 - 347 -1721 See reverse for details. �� �,� � 1 REWARDS Contact Us Discover.com r'' Cashbatk Bonus® ry Month 683 1 0 0 , 1 i' Anniversa October 1 - 800 - 347 - 2 1 , •' V" Opening Balance $ 0.00 Please make check payabledo "Discover. "You are6verlimit eN ti l . New Cashbatk Bonus This Period + $ 0.00 Pay the sum of the Minimf m Payment Due plus the�remoining:' Redeemed This Period — $ 0.00 4 11 overlimit amount of$1�63,957 �, � Cashbatk Bonus Balance $ 0.00 Ic 4 a y N ' ?, d 'k, To learn more, log in at Discover.com �2^F 4 f •=n `xn A, h" t Make Check payable to Discover. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation below, detach and return with your payment. Poymenf Coupolt k Pay Online Pay by:Phone ,, Account number ending in 9134 nor fold cltp or staple' Discover tom O ` 1800 347- 2683 Please do no Minimum Payment Due $2,403.00 ' 1 11 1 i� 1 ' �I' '�II'�I'llllll'll IIII�I11���I'll'�' New Bolonce $16,103.99 Payment Due Date May 4, 2013 NAMPHONG S VANG 4831 BRIAN RD ::{ , Amount enclosed $ MECHANICSBURG PA 17050 -3014 PO BOX 71084 CHARLOTTE NC 28272 -1084 Phone and Internet payments must be received by 5Ph1 ET to be credited as of tlse same day. II' �II���111111111 gill 1111JJ��i�IIJ 'I��Ih'11'1'I�11�� "'���I� Address, e-mail or telephone changed? Note changes on reverse side. 000001986458817870161161039900027270240300 NAMPHONG S VANG Account number ending in 9134 Open Dote: Mar 10, 2013 - Close Date: Apr 9, 2013 Page 2 of 4 Important Information You must ensure that sufficient funds are available in your bank account, and See your Cordmember Agreement. Your Cardmember Agreement all transactions must comply with U.S. law. contains oil the terms of your Account. Lost or stolen cards. Report immediately! Call 1 -800- 347 -2683. You can set automatic payments for: (i) statement New Balance, (ii) statement Minimum Payment Due, (iii) statement Minimum Payment Due plus o 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 io us at: Discover, PO amoun" payment is not enough to cover the Minimum Payment Due as listed Box 30421, Solt Lake City, UT 84130 -0421. You must write to us within 60 on your monthly billing statement, your scheduled payment for that month days after the error appeared on your statement. You may call us, but if you will be increased to cover the Minimum Paymeni %Due. If the scheduled do we ore not required to investigate any potential errors, and you may have payment is greater than the Minimum P6ymeni' Due, any excess will be to pay the amount in question. The Billing Rights Notice further explains your applied in accordance with your Cordmemb&.Agreemenl. If your scheduled rights. Please see your Cardmember Agreement or visit payment is greater than the New on youf billing statement, that hlfps : / /discover.com /billingrights for a copy of this notice. payment will be processed only for ihe>emount of 'your New Balance. Your automatic payment amount mciY,_be° less thcr Ahe amount indicated on the Paymenfs. You may pay all or part of your Account balance at anY time. However, you must pay at least the Minimum Payment Due b ymnt billing statement based omcredrts�or payments after the Close Date. y the Poe , Due Dote. Send only, our payment and the bottom par ion of this statement If you enroll by phone in our oulomalic payment service please fill -in the in the envelope proyi3ed. Do not send cash. If you pay by check, you following blanks below and retoin, the authorization f6r. your records. authorize us so use information on your check' a make an electronic fund transfer from Your account at the financial ins indicated on your check Amount: FuLI�E'a`y "°-t., - - 0 Min 00 El Min Poy+ $ or to process .he pa meat as o check transaction. 1t o ppayment is processed m... as an electronic fun the iransfer will be for the amount of the ❑Other Amount$ BonktRouting check. When we use information from your check to make an electronic fund gook Account #` transfer, funds may be withdrawn from your account as soon as the some day we receive your payment, and you will not receive your check backfrom Mon fil on ❑ P6 ment'Due Date ❑Close Date your financial institution. Y he Y„ The processing of your payment may be delayed if you send cash, 0 Day of month (insert date) correspondence or other items with your payment, if you send the payment to �, , any other address or if you use on envelope other than the one provided. Credit,Reporting. We may repoWinformotion about your Account to credit Payments received in proper form at our processing facility by 5PM local time bureoui, Late poymer s, missed payments, or other defaults on your Account on any day will be credited to your Account as of that day. Payments received may be Jeflected your report. We normally report the status and at our processing facility after 5PM loco] time will be credited io your Account poyineril history of your Account to credr reporting agencies each month. If as of the next day. If you have misplaced your envelope, send your payment Fyou believe thol our re p6 is inaccurate or incomplete, please write us the ;- rt of I Discover, PO Box 6103, Carol Stream, IL 60197.6103_ Pleaseoltow - 7.10 following address Discover, PO Box 15316, Wilmington, DE 19850 - 5316. days for delivery. If your payment is returned unpaid, we reserve the right,lo I Pledse4nclude your name, address, home telephone number and Account resubmit it as on electronic debit. Payments made online or phone will be number. credited as of the day of receipt if made by 5 PM Easterntime. �;, Paying Interest. Your due date is at least 25 days after the close of each You can pay your monthly Minimum Payment Due, or o gieoter amount that billing period (at least 23 days for billing periods that begin in February We does not exceed your current Account balance, over' {he telephone or youfcan will not charge you any interest on Purchases if you pay your entire balance setup automatic payments through o customer selvice,representotive by;" by the due dote each month. We will begin charging interest on Cash calling 1- 800 - 347 -2683. Automatic poyments'for the billing peribo shown Advances and Balance Transfers as of the later of the Transaction Dole or the on your statement will be deducted on the P tiymenf` hue Daie,shown,on that.,, first day of the billing period in which the transaction posted to your Account. statement, or the next automatic payment'!dote r6ferreclAo on,your stdiement,2 unless you request a recurring payment Sh,day of the m�*onth) How We Calculate Interest Charges. We Use the Daily Balance Method that occurs before your Payment Due Date or "Chose Dot9 your scheduled (including current transactions) to calculate the Balance Subject to Interest payment dote falls on o weekend,;o' '6Ga k your$pyment'wili Rote. For more information, please cal] us at 1- 800- 347 -2683. processed the business day prior to the weekend or.bonk lio]idoy. In rder to schedule monthly payments ,by telep &rte, you will need ihis `statement and Balance Subject to Interest Rate. Your statement shows a Balance Subject your bank account information. You willlbe as to provide the''last four (4) to Interest Rote. It shows this for each transaction category. The Balance digits of the social security number'Rf the primary borrower,, B'y providing Subject to Interest Rate is the average of the daily balances during the billing those numbers as your electronic signature, yyou -Will,be agreeing to this period. authorization to allow us and your bonkto deduct eocfipoyment you authorize, in the amount selecte&by you, OM "youK account. You also Credit Balances. If your Account has a credit balance, the amount is shown authorize us to initiate debit or credit,,entrie Nto your bank account, as on the front of your billing statement. A credit balance is money that is owed applicable, to correct an error in the processing of such payment. You con to you. You may make charges against this amount if your Account is open. cancel a scheduled payment by phone & 800- 347 -2683 or by mail at We will send you a refund of any remaining balance of $1.00 or more after Discover, PO Box 30421, Solt Lake City, UTist34130 -0421; however, we must 6 months, or as otherwise required by applicable low, or upon request made receive notice at least three business days in advance of the scheduled to the address in the Contact Us section on page 3 of your billing statement. payment. If your payments may vary in amount, we will tell you on each Discover may monitor and /or record telephone calls between you and monthly billing statement when your payment will be made and how much it Discover representatives for quality assurance purposes. will be. The Discover® cord is issued by Discover Bank, Member FDIC. TL23N CHANGE OF ADDRESS If correct on front, do not use. Please print clearly in blue or black ink, in the space provided. Street Address Home Phone Work Phone City Email State, Zip To make changes to your address, email or telephone number, visit Discover.com Continued on next page Discover More Card Account number ending in 9134 Open Date: Mar 10, 2013 - Close Date: Apr 9, 2013 Page 3 of 4 CONTACT US Web Mobile Phone Aft 4,Inquiry� Mail Payments Access your Manage your O 1 -800- DISCOVER Discover ti O Discover _. account securely account onytime, (i -800- 347 - 2683) PO Box 30943 �. PO Box 6103 at Discover.com anywhere at TDD 1 -800- 347 -7449 �o)t Lake City`+. ;,Carol Stream m.Discover.com UT 84130, ; It 60197 -6103 Transactions Trans. Date Post Date �� Fees Apr 4 Apr 4 LATE FEE !'�, �' rO � $ 35.00 i TOTAL FEES FORTI-Ii 'PERIOD,' i, . 35.00 Interest Charged INTEREST +CHAARGE ON,PURC14ASES `\ $ 226.78 INTEREST CHARGE ON CASH ADVANCES 0.00 INTE BALANCE`TRANSFERS 0.00 TOTALINTEREST. FOR THIS'P.ERIOD 226.78 2013 Totals Year -to -Date �' `" -'' ,TOTAL FEES C HA IN 2013 5 140.00 TOTAL INTEREST CHARGED IN 2013 $ 864.33 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rbte on'y ur account. ''` J 0 4 F z� "A, Current Billing Period: 31 days 43. a' y ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE ' .�'" ry,(APR) INTEREST RATE INTEREST CHARGE Purchases � 16.74% V $15,951.67 $226.78 Cash Advances �/� 3.99% V $0.00 $0.00 V= Vonoble Rate V Information For`You For more informotion about how, inie4st charges are calculated see your Cardmember Agreement or go to vnvw .discover.com /interesicharges NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION NAMPHONG S VANG Account number ending in 9134 Open Date: Mor 10, 2013 Close Dole: Apr 9, 2013 Page 4 of 4 r � Ir SF r � M �N, '� dam, , 4k r. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ; _ Et U ! i u� Sheriff THE P R 0 Z H 1J 0 T;I .Y - Jody S Smith h Chief Deputy fr M 3 JUL 26 AM I - 3 0 Richard W Stewart CUMBERLAND COUNTY Solicitor _ r .,.;, �PCRIrF PENNSYLVANIA Discover Bank VS. Case Number Namphong S Vang 2013-3977 SHERIFF'S RETURN OF SERVICE 0711612013 04:40 PM-Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Doua Vang, husband,who accepted as"Adult Person in Charge"for Namphong S Vang at 4831 Brian Road, Hampden Township, Mechanicsburg, PA 17050, DENNIS FRY, DE SHERIFF COST: $44.95 SO ANSWERS, July 17,2013 RONW R ANDERSON, SHERIFF (c)CeuntySuite Sheriff,Teleosoft,Inc. PRESSLER and PRESSLER, LLP File # V64374 Ralph Gulko , Esq. ID# 32771 804 West Avenue Jenkintown, PA 19046 1-215-576-1900 DISCOVER BANK Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs . No. : 2013-3977 C= IX NAMPHONG S VANG -rs MOD C) Defendant =M C-) rri cndC c .0 c3 x- CD x-n PRAECIPE FOR DEFAULT JUDGMENT c TO THE PROTHONOTARY: Enter Judgment by Default in favor of the Plaintiff, DISCOVER BANK and against the Defendant (s) NAMPHONG S YANG for failure to Answer the Civil Action Complaint. Assess Plaintiff' s damages in the sum of $ 16, 252 . 69 (Principal $ 16, 103 . 99 plus costs of $ 148 .70 ) in accordance with the prayer of the Complaint, plus costs of filing the default, if any. Date: 10/04/13 Ralph lko , Attorney for P aintiff Ll L14 l 013q� N'� U W"- COURT OF COMMON PLEAS P&P File V64374 CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff VS . Docket No. 2013-3977 AFFIRMATION OF NON-MILITARY SERVICE NAMPHONG S VANG Defendant (s) I am an attorney for the plaintiff and am duly admitted to practice law in the State of Pennsylvania, and affirm the following under the penalty of perjury that : 1 . I conducted an investigation with the Department of Defense Manpower Data Center, where I provided them the pertinent information about the defendant (s) , namely the social security number supplied by the defendant (s) ; based upon the response received dated 10/01/2013 , I am convinced that the defendant (s) is not active in any branch of the United States Military. Pressler and Pressler, LLP 804 West Avenue Jenkintown, PA 19046 1-215-576-1900 Dated: 10/04/13 W""- Ralph Gu o E File # V64374 DISCOVER BANK Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. No. : 2013-3977 NAMPHONG S YANG Defendant CERTIFICATION UNDER PA. R.C.P. 237 .1 Ralph Gulko , Esquire, Attorney for Plaintiff, DISCOVER BANK certifies- that he sent a copy of the attached Notice on 08/07/13 by regular mail, to the Defendant (s) at the address at which the Defendant (s) was/were served with legal process at the address indicated by the docket entries in this matter. Date: P '`'� 1AI-4/" Ralph 1 q. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. : 2013-3977 FILE NO. : V64374 DISCOVER BANK Plaintiff, VS . NAMPHONG S YANG Defendant (s) Date: 08/07/13 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 800-9�0-9108 Ralph ulko �Sler Press er and P , LLP Attorneys for Plaintiff 804 West Avenue Jenkintown, PA 19046 1-215-576-1900 NAMPHONG S VANG 4831 BRIAN RD MECHANICSBURG, PA 170503014 NAME AND ADDRESS CERTIFICATION I hereby request the Prothonotary to enter the within judgment against NAMPHONG S VANG 4831 BRIAN RD MECHANICSBURG, PA 170503014 defendant (s) within named, the last named address of the defendant or defendants being shown above, and I hereby certify that the precise address of the Judgment Creditor DISCOVER BANK is : DISCOVER BANK C/O DB SERVICING CORPORATION 6500 NEW ALBANY RD EAST NEW ALBANY OH 43054 Plaintiff (Signature require ) Ralph Gulko