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Home My WebLink About14-4809 Supreme Couft-Wif Pennsylvania Coui`f6f Catnrno'` Jeas For Prothonotary Use Only: Civil'Covex�Sheet Docket No: CUMBERLAND County A1807 01V1Jtet14 �u The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the f ling and sen,ice of pleadings or other papers as required by law or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: DISCOVER BANK CINDI A WENGER A/K/A C' STEPHEN L WENGER T Dollar Amount Requested: X within arbitration limits I Are money damages requested? ® Yes ❑ No (check one) 0 outside arbitration limits Q N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes © No A Name of Plaintiff/Appellant's Attorney: Pressler and Pressler,LLP ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ® Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include ❑ Employment Dispute: mass tort) ❑ Slander/Libel/Defamation Discrimination C 11 Other: ❑ Employment Dispute:Other ❑ Zoning Board T ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ -Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 4 Ralph Gulko Esq. ID# 32771 File # W156019A 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 a.-w., DISCOVER BANK C/O DB SERVICING CORPORATION 6500 NEW ALBANY RD EAST NEW ALBANY OH 43054 1 Plaintiff, -versus- CINDI A WENGER A/K/A CYNTHIA WENGER r F-�-2 916 WILLIAMS GROVE RD ter" rn MECHANICSBURG, PA 170558000 t-0 C-- STEPHEN L WENGER -Z� z: 916 WILLIAMS GROVE RD 3> .r_-- ! MECHANICSBURG PA 170558000 }'D �. Defendant (s) r_z NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Le han demando a usted en la corte usted quiere defenderse de estas demandas puestas en las paginas siguientes, usted ti veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la courte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importatntes para usted. USTED DEBE LLEVARLE ESTA DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O NO PUEDO CORRER CON LOS GATOS DE UNO, VAYA 0 LLAME POR TELEFONO A LA OFICINA EXPUESTA ABAJO. ESTA OFICINA PUEDE POVEERLE INFORMATION RESPECTO A COM O CONTRATAR A UN ABOGADO. SI NO PUEDE CORRER CON LOS GASTOS PARA CONTRATAR A UN ABOGADO, ESTA OFICINA PUDIERA PROVEERLE INFORMACION RESPECTO A INSTITUCIONES QUE PUEDAN OFRECER SERVICIOS LEGALES A PERSONAS QUE CALIFICAN PARA LA REDUCCION DE HORORARIOS 0 QUE NO TENGAN QUE PARAG HONORARIOS. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET S CARLISLE, PA 17013 800-990-9108 11 .75 �� AT7Y C` 1b83(P9? 309'797 PRESSLER and PRESSLER, LLP Attorneyys for Plaintiff BY Ral h Gulko , Esq. File # W156019A I .D. 3771 804 West Avenue Jenkintown PA 19046 1-215-576-1900 COURT OF COMMON PLEAS DISCOVER BANK CUMBERLAND COUNTY, PENNSYLVANIA C/O DB SERVICING CORPORATION 6500 NEW ALBANY RD EAST NEW ALBANY OH 43054 CIVIL ACTION-LAW Plaintiff Docket No: VS. CINDI A WENGER A/K/A CYNTHIA WENGER 916 WILLIAMS GROVE RD MECHANICSBURG, PA 170558000 STEPHEN L WENGER 916 WILLIAMS GROVE RD MECHANICSBURG PA 170558000 Defendant (s) CIVIL ACTION COMPLAINT Plaintiff, by its attorneys, complaining of the Defendant, respectfully alleges: COUNT 1 1 . Plaintiff DISCOVER BANK is a banking institution organized under the laws of the State of DELAWARE 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 DISCOVER credit card accounts for DISCOVER BANK, and it creates and maintains all of the records in connection with all of the activities and/or transactions regarding the accounts . 5 . Defendant (s) ,CINDI A WENGER STEPHEN L WENGER, is/are individual (s) residing at 916 WILLIAMS GROVE RD MECHANICSBURG, PA 170558000 and 916 WILLIAMS GROVE RD MECHANICSBURG, PA 170558000 . 6. Credit was extended to Defendant (s) and Defendant (s) incurred debt to DISCOVER BANK, through the use of an account ending in 4389. Plaintiff incorporates herein and attaches hereto a copy of the business records reflecting the credit extended as Exhibit A. 7 . Defendant (s) credit card went into default and was charged off on 06/30/2013 due to Defendant (s) failure to make payments which were due and owing. Plaintiff seeks an outstanding balance of $15, 161 . 37 . 8 . As of the date hereof, the outstanding balance remains unpaid despite due demand. WHEREFORE, plaintiff DISCOVER BANK , demands judgment against defendant (s) , CINDI A WENGER A/K/A CYNTHIA WENGER STEPHEN L WENGER , in the sum of $15, 161 . 37 , plus costs in accordance with law. COUNT 2 (In the alternative to Count 1) 9. Plaintiff incorporates by reference, all of the foregoing averments of Count 1 as though fully set forth herein at length. 10 . The date of last payment was processed on the account on or about 11/18/2012 . 11 . As a direct result of the receipt of the benefit of the extension of credit as hereinbefore described, the Defendant (s) has/have been unjustly enriched, to the Plaintiff' s detriment. WHEREFORE, Plaintiff, DISCOVER BANK , demands judgment against Defendant (s) , CINDI A WENGER A/K/A CYNTHIA WENGER STEPHEN L WENGER , in an amount not in excess of the Court ' s Arbitration limits, plus costs in accordance with law. Dated: g &t AlliA,C Ral Gu ko sq. Atto ney for Plaintiff W156019A VERIFICATION I, 1�/V , hereby state that I hold the position of Litigation support Manager with DB Servicing Corporation, and that I am authorized to take this Verification on behalf of Discover Bank and DB Servicing Corporation, the servicing affiliate of Discover Bank. I certify that Discover Bank is the issuer and owner of the credit card obligation(s) of CINDI A WENGER A/K/A CYNTHIA WENGER STEPHEN L WENGER account number 6011002490344389 and that the balance owed as of 06/30/13 was $ 15, 161.37 . The Plaintiff lacks sufficient knowledge or information to execute this verification, however, I have sufficient knowledge and information in my position as Litigation Support Manager with DB Servicing Corporation which is a subsidiary of Plaintiff, is the servicing affiliate of Discover Bank and which creates and maintains the business records for Discover Bank. THAT, in my capacity as Litigation Support Manager, I have access to records regarding the Discover Card account of the above referenced Defendant(s) , and further, that I have personally inspected said account and statements regarding the balance due on said account. DB Servicing Corporation maintains these records in the ordinary course of business. To the extent any pleading is believed to aver inconsistent facts, specifically a cause of action for breach of contract and a cause of action for unjust enrichment, I have been unable after reasonable investigation to ascertain which of the inconsistent facts are true, but I have knowledge or information sufficient to form a belief that one of them is true. The undersigned verifies that the facts contained in the within pleading are true and correct to the best of his knowledge, information and belief and understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. W156019A VERIFICATION I, j w , hereby state that I hold the position of Litigation support Manager with DB servicing corporation, and that I am authorized to take this Verification on behalf of Discover Bank and DB Servicing Corporation, the servicing affiliate of Discover Bank. I certify that Discover Bank is the issuer and owner of the credit card obligation(s) of CINDI A WENGER A/K/A CYNTHIA WENGER STEPHEN L WENGER account number 6011002490344389 and that the balance owed as of 06/30/13 was $ 15, 161.37 . The Plaintiff lacks sufficient knowledge or information to execute this verification, however, I have sufficient knowledge and information in my position as Litigation Support Manager with DB Servicing Corporation which is a subsidiary of Plaintiff, is the servicing affiliate of Discover Bank and which creates and maintains the business records for Discover Bank. THAT, in my capacity as Litigation Support Manager, I have access to records regarding the Discover Card account of the above referenced Defendant(s) , and further, that I have personally inspected said account and statements regarding the balance due on said account. DB Servicing Corporation maintains these records in the ordinary course of business. To the extent any pleading is believed to aver inconsistent facts, specifically a cause of action for breach of contract and a cause of action for unjust enrichment, I have been unable after reasonable investigation to ascertain which of the inconsistent facts are true, but I have knowledge or information sufficient to form a belief that one of them is true. The undersigned verifies that the facts contained in the within pleading are true and correct to the best of his knowledge, information and belief and understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. EXHIBIT "A" DISCOVER YOUR DISCOVER® ACCOUNT CARDMEMBER AGREEMENT................Pages 1-14 The terms and conditions of your Account, including how we calculate Interest Charges, our fees and an Arbitration of Disputes section. You have the right to reject the arbitration provision with respect to your new Account within 30 days after receiving your Card, as explained in the "Right to Reject Arbitration" section at page 13. BILLING RIGHTS..........................Pages 14-16 Important information about your rights and our responsibilities under the Fair Credit Billing Act DESCRIPTION OF COVERAGE...............Pages 16-24 The terms and conditions of the Scheduled Air Travel Accident Insurance and the Secondary Rental Car Collision Coverage that is provided at no charge to you when you use your Card to purchase airline tickets or rent an automobile. GLOBAL TRAVELER'S HOTLINE...............Page 24-25 The terms and conditions of this free travel assistance benefit. ©2011 Discover Bank,Member FDIC TL23AG.0211 11DCM0 02BOIC—TL23AG0211-00083.indd 1.2 1111/11 9.41 AM CARDMEMBER AGREEMENT Please read this Agreement carefully before using your Discover®Card Account It contains the terms and conditions of your Account,some of which may have changed from earlier materials provided to you.In the event of any differences,this Agreement shall control.We respect your privacy.See the Privacy section on page 10 and our Privacy Policy for additional information.The Arbitration of Disputes section on page 11 includes a waiver of a number of rights,including the right to a jury trial. The Right to Reject Arbitration section on page 13 describes the procedure you must follow if you desire to reject the Arbitration of Disputes section. DEFINITIONS....................................................2 USING YOUR ACCOUNT..........................................2 . Your Acceptance of this Agreement..............................2 Permitted Uses of Your Account.................................2 Prohibited Uses of Your Account................................3 Purchases and Cash Advances in Foreign Currencies................3 Cash Advances................................................3 Balance Transfers..............................................3 Credit Authorizations..........................................3 Authorized Users..............................................3 Unauthorized Use.............................................4 Your Credit Lines..............................................4 CHANGES TO THIS AGREEMENT....................................4 MAKING PAYMENTS..............................................4 Promiseto Pay................................................4 Monthly Billing Statement......................................5 Monthly Payment Options......................................5 Automatic Billing Arrangements................................5 How We Apply Payments.......................................5 Minimum Monthly Payment....................................6 Skip-A-Payment Offers.........................................6 Credit Balances...............................................6 Pay-By-Phone.................................................6 INTEREST CHARGES...............................................6 How We Calculate Interest Charges..............................6 Balance Subject to Interest Rate ................................7 Paying Interest...............................................7 Annual Percentage Rates.......................................7 Variable Interest Rates.........................................7 PenaltyAPR..................................................8 FEES............................................................8 Cash Advance Fee.............................................8 Balance Transfer Fee...........................................8 Foreign Currency Fee..........................................9 Minimum Interest Charge......................................9 Annual Fee...................................................9 LateFee.....................................................9 Returned Payment Fee.........................................9 Returned Discover Card Check Fee...............................9 ResearchFee.................................................9 DEFAULT AND CANCELLATION.....................................9 -t- 11DCMO_02BOK TL23AG0211_00083.indd 3.4 1!11/11 8.41 AM Types of Default..............................................9 currency and wire transfers,or by means of checks which we may furnish Consequences of Default......................................10 to you,all in accordance with such additional terms and conditions as we Cancellation.................................................10 may offer from time to time. PRIVACY AND OUR COMMUNICATIONS WITH YOU..................10 •Balance Transfers—to transfer balances from other creditors or to make Our Privacy Policy............................................10 other transactions by means of balance transfer coupons or checks,in Reporting to Credit Agencies..................................10 accordance with such additional terms and conditions as we may offer Our Communications with You.................................10 from time to time. Releasing Information About Your Account .....................11 In addition, your Account may be used to guarantee reservations at Electronic Notices to You .....................................11 participating establishments.You will be liable for guaranteed reservations Notices—Changes to Your Information .........................11 that are not cancelled prior to the time specified by the establishment.Your CLAIMS AND DISPUTES..........................................11 Account may be used for personal, family, household and charitable Merchant Disputes...........................................11 purposes. Claim Notices ...............................................11 Prohibited Uses of Your Account.Your Account may not be used to obtain Arbitration of Disputes........................................11 loans to purchase,carry or trade in securities,to pay any amount you owe Right to Reject Arbitration............ .......................13 LEGAL INTERPRETATION OF THIS AGREEMENT.......................14 under this Agreement or for any transactions that are unlawful where you Severability................... reside or where you are physically located when you use the Account to ...14 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 DEFINMONS using either a government-mandated rate,a government-published rate or the interbank exchange rate,depending on the country and currency in "Account"means your Discover Card Account, which the transaction is made.The rate used will be the rate in effect on "APR"means an annual percentage rate. the conversion date for the transaction,which may be different than the "Authorized User"means any person whom you authorize to use your Transaction Date as shown on your statement. We charge a Foreign Account or a Card,whether you notify us or not. Currency Fee for each purchase made in a foreign currency as described in "Card"means any one or more Discover Cards issued to you or someone the Foreign Currency Fee section on page 8. else with your authorization. Cash Advances.We may periodically offer you promotional rates on cash "Pricing Schedule" means the document accompanying your Card and advances for the time period specified in the offer,subject to the Penalty listing the APRs that apply to your Account and other important APR section.The offer may contain a Cash Advance Fee for each cash information.The Pricing Schedule is part of this Agreement. advance. "We,""us"and"our"refer to Discover Bank,the issuer of your Discover Balance Transfers.In our discretion,we may periodically offer you the Card. opportunity to make balance transfers from other creditors or to make "You,""your"or"yours"refer to,in addition to you,the Cardmember,any other transactions to your Account by means of balance transfer coupons other person or persons who are also contractually liable under this or checks. The standard purchase rate applies to balance transfers. Agreement. However,we may periodically offer you promotional rates on balance USING YOUR ACCOUNT APR for the time period specified in the offer,subject to the Penalty APR section.Each offer will contain an expiration date.If you attempt to Your Acceptance of this Agreement The use of your Account or a Card by transfer balances by means of a check after the expiration date,we will you or an Authorized User,or your failure to cancel your Account within 30 treat the transaction as a cash advance.We will not make balance transfers days after receiving a Card,means you accept this Agreement,including the attempted by means of a coupon after the expiration date.We may charge Arbitration of Disputes section on page 11.You may,however,reject the a Balance Transfer Fee as indicated in the Balance Transfer Fee section. Arbitration of disputes section as explained on page 13. Credit Authorizations.Certain transactions will require our authorization Permitted Uses of Your Account Your Account may be used for: prior to completion. In some cases, you may be asked to provide •Purchases—to purchase or lease goods or services from participating identification.We have the right not to authorize a transaction for security merchants by presenting your Card or Account number or by using or other reasons.Also,if our authorization system is not working,we may promotional checks,which we may furnish to you,in accordance with not be able to authorize a transaction.We will not be liable to you if any such additional terms and conditions as we may offer from time to time. of these events happen. •Cash Advances—to obtain cash advances from participating automated Authorized Users. If you want to cancel the authority of a current teller machines,financial institutions or other locations,the purchase of Authorized User to use your Account or a Card,you must notify us and lottery tickets,racetrack wagers,vouchers redeemable for cash or for destroy any Card in that person's possession. You can notify us by casino chips, money orders, traveler's checks, savings bonds, foreign telephoning 1.800-DISCOVER(1-800.347-2683),or by writing Discover,PO 2_ 3- 11DCM0_02BOK_TL23AG0211_00083.indd 5-6 1/11/11 9:41 AM I Box 30943,Salt Lake City,UT 84130-0943.None of your rights under this using your Account or a Card.If you pay us in other than U.S.dollars,we Agreement(other than to pay amounts owed)may be exercised by any may refuse to accept the payment or charge your Account our cost to person not a party to this Agreement acting pursuant to a power of convert your payment to U.S.dollars.All checks must be drawn on funds on attorney, without our separate written agreement(which we are not deposit in the U.S.You may not use a cash advance check,balance transfer obligated to give). check or coupon,or any other promotional check drawn on any Discover Unauthorized Use.Prior to its use,each Card must be signed by the person Bank credit card account to make payments on your Account.If your to whom it is issued.If a Card is lost or stolen,or if you think that someone Account is a joint Account,each of you agrees to be liable individually and is using your Account or a Card without your permission, notify jointly for the entire amount owed on your Account.We can accept late us immediately. You can notify us by telephoning 1.800-DISCOVER payments or partial payments or checks and money orders marked (1-800-347-2683),or by writing Discover,PO Box 30943,Salt Lake City,UT "payment in full"or with any other restrictive endorsement without losing 84130.0943.You agree to assist us in determining the facts relating to any any of out rights under this Agreement theft or possible unauthorized use of your Account or a Card and to comply Monthly Billing Statement We will send you a billing statement after each with such procedures as we may require in connection with our monthly billing period in which you have a debit or credit balance,unless investigation. we waive our right to do so as permitted by law.The billing statement will Your Credit Lines.We will advise you of your Account credit line.We may show the purchases,cash advances,balance transfers,Interest Charges and impose a lower line that will apply to cash advances,referred to as the cash other charges or fees and the payments or other credits posted to your advance credit line.We may also impose a lower line that will apply to Account during the billing period.It will showyour New Balance,Payment balance transfers,referred to as the balance transfer credit line.You agree Due Date and Minimum Payment Due as of the end of the billing period.If not to allow your unpaid balance,including Interest Charges and fees,to your prior month's payment is returned unpaid,your required Minimum exceed your Account credit line.If you exceed your Account credit line,we Payment Due may be higher than shown on your billing statement See the may request immediate payment of the amount by which you exceed your Minimum Monthly Payment section on page 5. Account credit line. Monthly Payment Options.You may at any time pay the entire New We may increase or decrease your Account credit line,your cash advance Balance shown on your billing statement,but each month you must pay at credit line or your balance transfer credit line without notice.The credit least the Minimum Payment Due as described in the Minimum Monthly available for your use may,from time to time,be less than your Account Payment section.All payments must be made in accordance with the terms credit line.For purposes of determining your available credit,we reserve stated on your monthly billing statement,as well as the payment cut-off the right to postpone for up to 15 business days reducing your unpaid time stated in this section,and we will credit your Account in accordance balances by the amount of any payment that we receive.Your available with those terms and this section.Payments received in proper form at our credit will not be increased by the amount of any credit balance. processing facility by 5PM local time on any day will be credited as of that CHANGES TO THIS AGREEMENT day.Payments received in proper form at our processing facility after 5PM local time will be credited as of the next day. From time to time,we may,to the extent permitted by law,change any Automatic Billing Arrangements.If your Account number and/or Card term of this Agreement,including,but not limited to,any interest rate,fee expiration date changes and our records indicate you have automatic or method of computing any balance upon which the interest rate is billing established with a merchant,we will attempt to provide your new assessed,or add or delete any term to this Agreement.We will give you Account information to that merchant.To ensure uninterrupted billing,we notice of the change in the time and manner required by law,which recommend that you verify the merchant has your new Account includes 45-days advance written notice in some circumstances. In information.You must contact the merchant directly if you do not wish to addition,to the extent required by law,we will offer you the opportunity continue the automatic billing arrangement. to reject a change.For example,law requires,with certain exceptions,that we offer you the opportunity to reject an increase in a late fee or the How We Apply Payments.We apply payments and credits at our discretion, elimination of a grace period prior to the effective date of the change.If including in a manner most favorable or convenient for us.In all cases,we you reject a change in accordance with the instructions in the notice will apply payments and credits in accordance with applicable law.Each provided,we will close your Account and you will no longer be able to use billing period,to the extent your payments exceed the Minimum Payment it for further transactions.You can then pay the remaining balance under Due shown on your current billing statement,we will apply these excess the unchanged term.We may also change any tern of any product,service amounts generally in order of the APR applicable to the balance of each or benefit offered in connection with your Account We will notify you as transaction category(as referenced in the INTEREST CHARGES section), required by law or by the terns of the product,service or benefit from highest to lowest,beginning with the balance subject to the highest MAKING PAYMENTS APR as of the date we credit your payment.For promotional balances with the same APR,we will apply payments to the promotional balance with the Promise to Pay.You agree to pay us in U.S.dollars for all purchases,cash longest remaining duration before promotional balances with shorter advances and balance transfers including applicable Interest Charges and remaining durations. other charges or fees,incurred by you or anyone you authorize or permit to use your Account or a Card,even if you do not notify us that others are -4- 5- 11DCMD_02BOILTL.23AG0211_00083.indd 7.8 1/11/11 0:41 AMI - Minimum Monthly Payment.The Minimum Payment Due for a billing When we calculate daily balances,we add a new transaction as of the period will equal: Transaction Date shown on your billing statement,unless the transaction is (i)the greater of: posted to your Account after the close of the billing period in which ft •$40; occurs,in which case the transaction will be added to the daily balance as •2%of the New Balance shown on your billing statement for that of the first day of the billing period in which it is posted to your Account. billing period;or All fees charged to your Account are added to the standard purchase •current Interest Charges plus Late Fees plus$20; transaction category with the exception of Cash Advance Fees which are (ii)any past due amount. added to the applicable cash advance transaction category and Balance Transfer Fees which are added to the applicable balance transfer transaction We may also include some or all the amount by which you exceed your category. Account credit line.When we calculate the Minimum Payment Due,we Balance Subjectto interest Rate.Your5tatement shows a Balance Subjectto may subtract from the New Balance certain fees added to your Account Interest Rate. It shows this for each transaction category.The Balance during the billing period.The Minimum Payment Due will be rounded up Subjectto Interest Rate shown on your statement is the average of the daily to the nearest dollar and will never exceed the New Balance. balances during the billing period. Skip-A-Payment Offen.We may from time to time allow you to not make Paying Interest We begin to impose Interest Charges on all transactions a Minimum Payment Due and will notify you when this option is available. and fees from the Transaction Date shown on your billing statement for the If you take advantage of this offer and do not make a Minimum Payment transaction or fee. However, if a transaction or fee is posted to your Due,Interest Charges and any applicable fees will accrue on your Account Account after the close of the billing period in which it occurs,we begin to in accordance with this Agreement and you must pay the Minimum impose Interest Charges on that transaction or fee from the first day of the Payment Due for the following billing periods. billing period in which it is posted to your Account.We begin to impose Credit Balances.We will refund any credit balance within seven business Interest Charges on Interest Charges from the date they are added to your days from receipt of your written request.if you do not request a refund, Account.We continue to impose Interest Charges on all transactions,fees we will automatically refund credit balances greater than$1 that remain in and Interest Charges until you pay the total amount you awe us.Your due your Account after 6 months. date will be at least 25 days after the close of each billing period except that Pay-By-Phone.We may from time to time allow you to make payments by it will be at least 23 days after the close of each billing period that begins authorizing us over the telephone to transfer or pay funds from a deposit in February.If you paid the New Balance on your previous billing statement account to your Account.We will not charge you a Pay-By-Phone Fee. by the Payment Due Date shown on that billing statement,we will not INTEREST CHARGES impose Interest Charges on new purchases,that is purchases first appearing How We Calculate Interest Charges—Daily Balance Method(including on the current billing statement,or any portion of a new purchase,paid by current transactions):We figure Interest Charges for each billing period.To the Payment Due Date on your current billing statement.We call this the do this: 'grace period."There is no grace period on balance transfers or cash advances.As more fully described in the section titled"How We Apply •We calculate your Interest Charges separately for each balance subject to Payments,"we apply payments in a manner most favorable or convenient different terms(for example,standard purchases,standard cash advances for us and,to the extent your payments exceed the Minimum Payment Due and each purchase,balance transfer and cash advance balance subject to shown on your current billing statement,we will apply such excess amounts promotional terms).We refer to these balances as transaction categories. generally in order of the APR applicable to the balance of each transaction •We figure the"daily balance"for each transaction category.To get the category(as referenced in the INTEREST CHARGES section),from highest to "daily balance"we take the beginning balance for each day,add any new lowest,beginning with the balance subject to the highest APR as of the transactions and fees and any Interest Charges accrued on the previous date we credit your payment.This means that if you do not pay your day's daily balance.We then subtract any credits and payments and make balance in full each month,then,depending on the balance to which we other adjustments(including those adjustments required in the section allocate your payment,you may not be able to get a grace period on new titled Paying Interest).In calculating the daily balance for the first day of purchases. the billing period,we consider the"previous day's daily balance"to have Annual Percentage Rates.The daily periodic rate and corresponding APR been your balance on the last day of your previous billing period.This that apply to each transaction category are set forth in your Pricing gives us the daily balance for each transaction category. Schedule.The daily periodic rate is 1365th of the corresponding APR. •We figure the Interest Charges on your Account by multiplying the daily Variable Interest Rates.One or more daily periodic rates and corresponding balance for each transaction category by its daily periodic rate,for each APRs that apply to a transaction category may be variable rates as set forth day in the billing period. in your Pricing Schedule or in any special offers you receive from us. •The total Interest Charges for the billing period are the sum of the daily Variable APRS are determined by adding a specified number of percentage Interest Charges for each transaction category for each day during that points to the Prime Rate.This is shown on the Pricing Schedule as"Prime+ billing period. (percentage points)."For purposes of this Agreement,the Prime Rate isthe -6- -7- 11DCM0_0280K_TL23AG0211_00083.indd 9-10 1/11/11 9:41 AM 1 highest rate of interest listed as the"prime rate" in the Money Rates balance transfer with a minimum Balance Transfer Fee of$10 and no section of The Wall Street Journal on the last business day of the month. maximum. The Prime Rate is merely a pricing index and does not represent the lowest Foreign Currency Fee.We will charge you a Foreign Currency Fee of 2%of or best interest rate available to a borrower at any bank at any given time. the U.S.dollar amount of each purchase made in a foreign currency. If you have a variable rate,your APR will increase or decrease when the Minimum Interest Charge.We will charge you a minimum Interest Charge Prime Rate changes.This change will be effective beginning with the first of$.50 for any billing period in which Interest Charges of less than$.50 dayof the billing period that begins during the same calendar month as the would otherwise be imposed. change in the Prime Rate. An increase in the APR may increase your 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 availabilityof an promotional APRs on new purchases of each anniversary year your Account is open.The Annual Fee is not y p P refundable,except as provided by law. and balance transfers;and Late Fee.We will charge you a Late Fee if you have failed,as of the Payment (ii)increase your APRs for new purchases and balance transfers to variable Due Date,to makethe Minimum Payment Duethatwas required to be paid Penalty APRs. for that billing period.The amount of the Late Fee is$25,except the Each new variable Penalty APR for a new purchase or balance transfer is amount of any subsequent Late Fee assessed during the next six billing determined by adding up to 5 additional percentage points to the periods after a Late Fee is assessed is$35.The Late Fee will never exceed the otherwise applicable APR and will vary based on any changes in the Prime Minimum Payment Due that was due immediately prior to the date on Rate.(For example,if the promotional purchase rate was 2.99%and the which the Late Fee was assessed and will never exceed the amount rate for other purchases was 15.99%and you paid late once,the rate for all permitted by law. new purchases could increase up to 20.99%variable and vary thereafter Returned Payment Fee.We will charge you a Returned Payment Fee any with the Prime Rate.)When we first determine the variable Penalty APRs, time you pay us with a check or other instrument that is returned unpaid. we use the Prime Rate effective for the billing period in which you pay late. This fee will also apply if a debit transaction to a deposit account from The variable Penalty APRs are determined in accordance with the Variable which you have authorized us in writing,electronically or orally,to deduct Interest Rates section.We will baseyour PenaltyAPR on your creditworthiness all or a part of an amount you owe us under this Agreement is returned and other factors such as your current APRs and your Account history.If we unpaid.We will charge you this fee the first time any payment is returned increase any of your APRs to a Penalty APR,we will send you a notice,in unpaid,even if ft is paid upon resubmission.The amount of the fee is$25, accordance with applicable law,advising of(i)the date the new Penalty except the amount of any subsequent Returned Payment Fee assessed APR will apply(the"Penalty APR Effective Date")and(ii)the new purchases during the next six billing periods after a Returned Payment Fee is assessed and balance transfers to which it will be applied(note:the new Penalty APR is$35.The Returned Payment Fee will never exceed the Minimum Payment will not apply to any other transactions).New purchases and balance Due that was due immediately prior to the date on which the payment was transfers are those purchases and balance transfers which either(i)have a returned to us and will never exceed the amount permitted by law. Transaction Date, as shown on your billing statement, of more than Returned Discover Card Check Fee.We will charge you a Returned Discover fourteen days after we mail or deliver the notice to you,or(ii)were posted Card Check Fee each time we decline to honor a Discover Card cash advance to your Account after the current Penalty APR Effective Date.Your Account check, balance transfer check, promotional purchase check, or other will not be subject to a Penalty APR for the first twelve billing periods after promotional check.The amount of the fee is$25,except the amount of any your Account is first opened. subsequent Returned Discover Card Check Fee assessed during the next six If your APR for purchases or balance transfers was increased to a Penalty billing periods after a Returned Discover Card Check Fee is assessed is$35. APR,we will,to the extent required by applicable law,periodically review The Returned Discover Card Check Fee will never exceed the amount of the your Account to determine if any of those APRs should be reduced.Any check and will never exceed the amount permitted by law. reduced APRs on new and existing balances may be different and may be Research Fee.We may charge you a Research Fee of$5 for each copy of a higher than your previous standard APRs for purchases and/or balance billing statement or sales slip that you request.However,we will not charge transfers or any promotional rate. FEES a fee if you request copies in connection with a billing error. DEFAULT AND CANCELLATION Cash Advance Fee.Unless otherwise specified in a cash advance offer,we Types of Default You are in default if you become insolvent;if you file a will charge you a Cash Advance Fee in the amount indicated t your Pricing bankruptcy petition or have one filed against you;if we have a reasonable Schedule.All forms cash advances,including the use of D Discover Card belief that you are unable or unwilling to repay your obligations to us;if checks,regardless of the purpose for which used,are subject to a Cash you are declared incompetent by a court or if a court appoints a guardian Advance Fee. for you or a conservator for your assets;if you die;if you fail to comply with Balance Transfer Fee.Unless otherwise specified in a balance transfer offer, the terms of this Agreement,including failing to make a required payment we will charge you a Balance Transfer Fee of 5%of the amount of each new g g g q P y 11DCM0_02BOK_TL23AG0211_00083.indd 11-12 1/11/11 9:41 AM I i when due, exceeding your Account credit line or using your Card or Releasing Information About Your Account We provide various methods Account for a Prohibited Transaction;or H you fail to make a required by which you can obtain information about your Account.We will only payment when due on any other account you have with us. release such information to you,any Authorized User that our records Consequences of Default If you are in default,we may declare the entire indicate is an authorized buyer on your Account,and any other person with balance of your Account immediately due and payable without notice.If your prior permission,in addition to as provided in our Privacy Policy or as we refer the collection of your Account to an attorney or employ an required by law.Our security measures cannot insure against unauthorized attorney to represent us with regard to recovery of money that you owe us, inquiries.You agree that we will not be responsible for the release of we may charge you reasonable attorneys'fees and court or other collection information to anyone who, even if without your authorization or costs as permitted by law and as actually incurred by us,including fees and permission,has gained possession of a Card or has learned other identifying costs in connection with any appeal.We may delay enforcing or not enforce characteristics about you such as your personal identification number, any of our rights under this Agreement without losing or waiving any of Account number or social security number. them. Electronic Notices to You.We may offer you the opportunity to receive Cancellation.You may cancel your Account by notifying us in writing or by certain notices from us electronically rather than through the mail, telephone and returning or destroying every Card and unused check that including monthly billing statements and change of terms notices.The we have provided you.You can notify us by telephoning 1.800-DISCOVER terms and conditions for receiving these electronic communications will be (1-800-347.2683),or by writing Discover,PO Box 30943,Salt Lake City,UT described in the offer. 84130-0943.Of course,you will still be responsible to pay any amount you Notices—Changes to Your Information.If you change your e-mail address, owe us according to the terms of this Agreement.If your Account is a joint mailing address or telephone number you must notify us of your new Account,either Cardmember may cancel the Account,but you will both address or telephone number within 15 days. You can notify us by remain responsible to pay any amount owed to us according to the terms telephoning 1.800-DISCOVER(1.800-347-2683)or by writing Discover,PO of this Agreement We may cancel or suspend your Account at any time Box 30943,Salt Lake City,UT 84130.0943.If your Account is a joint Account, without notice.We may choose not to renew your Account(beyond the any notice we mail to an address you have provided for the Account will expiration date shown on the face of a Card)without notice.You must serve as notice to both Cardmembers. return any Card or unused checks to us upon request. CLAIMS AND DISPUTES PRIVACY AND OUR COMMUNICATIONS WITH YOU Merchant Disputes.We are not responsible for the refusal of anyone to Our Privacy Policy. We may from time to time review your credit accept or honor a Card or to accept checks that we have provided you.If a employment and income records.We respect the privacy of information merchant fails to provide your purchase to your satisfaction and you about you and your Account Our Privacy Policy includes a summary of the request a credit to your Account,we will investigate the dispute.If we personal information we collect,when it may be shared with others,how resolve the dispute in your favor,we will issue a credit to your Account and we safeguard the confidentiality and security of information and the steps you will be deemed to have assigned to us your claim against the merchant you may take to limit our sharing of such information with others.Please and/or any third party for the credited amount.Upon our request,you read it carefully as it is part of your Cardmember Agreement. agree to provide us with written evidence of such assignment. Reporting to Credit Reporting Agencies.As indicated in our Privacy Policy, Claim Notices.In the event that you or we have a claim that arises from or we may report to credit reporting agencies and other creditors the status relates to your Account, any prior account you had with us, your and payment history ofyourAccount,including negative credit information. application, the relationships which result from your Account or the Late payments,missed payments or other defaults on your Account may be enforceability of the Agreement or any prior agreement,before initiating, reflected in your credit report.We normally report to such credit reporting joining or participating in any judicial or arbitration proceeding,as either agencies each month.If you believe that our report of your Account status an individual litigant or member of a class("Proceeding"),the complaining is inaccurate or incomplete, please write us at the following address: parry shall give the other party:(1)a written notice of the claim("Claim Discover,PO Box 15316,Wilmington,DE 19850-5316.Please include your Notice"),at least 15 days before initiating any Proceeding,explaining in name,address,home telephone number and Account number. reasonable detail the nature of the claim and any supporting facts;and(2) Our Communications with You.You agree that our personnel may listen to a reasonable good faith opportunity to resolve the claim without the or record telephone calls between you and our representatives without necessity of a Proceeding.This includes any claims involving our parent additional notice to you,including but not limited to calls we make to corporation, subsidiaries, affiliates (including, without limitation, DFS collect debts.We may use any medium permitted by law,including but not Services LLC), predecessors, successors, assigns, as well as the officers, limited to mail, live telephone calls, automated telephone equipment, directors and employees of each of these entities.Any Claim Notice shall be prerecorded telephone calls,e-mail,text messages and calls to your cell sent to us at Discover,PO Box 3024,New Albany,OH 43054(or such other phone to contact you about your Account or to offer you products or address as we shall subsequently provide to you) (the "Claim Notice services that may be of value to you.If you prefer not to be contacted in Address")or to you at your address appearing in our records or,if you are one or more ofthese ways,you must either telephone us at 1.800-DISCOVER represented by counsel,to your attorney at your attorney's office. (1-800-347-2683)or write to us at Discover,PO Box 30961,Salt Lake City,UT Arbitration of Disputes.Agreement to arbitrate.In the event of any past, 84130.0961. _to_ tt_ 11DCM0_02BOK TL23AG0211_00083.indd 13.14 1/11111 8.41 AM i present or future claim or dispute(whether based upon contract,tort, to pursue a claim or dispute as a result of our electing to arbitrate that claim statute, common law or equity)between you and us arising from or or dispute.Send requests to Discover,PO Box 30421,Salt Lake City,UT relating to your Account,any prior account you have had with us,your 84130-0421.The arbitrator will decide who will ultimately be responsible application, the relationships which result from your Account or the for paying thosefees.You will onlybe responsible for paying or reimbursing enforceabil'nyor scope of this arbitration provision,of the Agreement or of our arbitration filing,administrative or hearing fees to the extent you any prior agreement,you or we may elect to resolve the claim or dispute by would have been responsible for paying"attorneys'fees and court or other binding arbitration.IF EITHER YOU OR WE ELECT ARBITRATION,NEITHER collection costs"had the action proceeded in court.In no event will you be YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT required to pay any fees or costs incurred by us in connection with an OR TO HAVE A JURY TRIAL ON THAT CLAIM.PRE-HEARING DISCOVERY arbitration proceeding where such a payment or reimbursement is RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED.NEITHER prohibited by applicable law. YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN Hearings and Decisions.Any arbitration hearing will take place in the ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WITH RESPECT TO federal judicial district where you reside. The arbitrator shall follow OTHER ACCOUNTS,OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS applicable substantive law to the extent consistent with the FAA and A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY applicable statutes of limitations and shall honor claims of privilege GENERAL CAPACITY("Class Action Waiver"). recognized at law and shall be authorized to award all remedies permitted Notwithstanding anything else to the contrary in this arbitration provision, by the substantive laws that would apply if the action were pending in only a court,and not an arbitrator,shall determine the validity and effect court.If requested by any party,the arbitrator shall write an opinion of the Class Action Waiver.Even if all parties have opted to litigate a claim containing the reasons for the award.The arbitrators decision will be final in court,you or we may elect arbitration with respect to any claim made by and binding except for any appeal rights under the FAA and except that'd a new parry or any new claims later asserted in that lawsuit and nothing the amount in controversy exceeds$100,000,any party may appeal the undertaken therein shall constitute a waiver of any rights under this award within 30 days to a three-arbitrator panel,which shall review the arbitration provision.We will not invoke our right to arbitrate an individual award de novo.Unless applicable law provides otherwise,the appealing claim you bring in small claims court or your state's equivalent court,if any, party will pay the cost of the appeal,regardless of its outcome.However, unless such action is transferred,removed or appealed to a different court. we will consider in good faith any reasonable request for us to bear the fees Governing Law and Rules.Your Account involves interstate commerce and charged by the arbitration administrator and the arbitrators in connection this provision shall be governed by the Federal Arbitration Act(FAA).The with the appeal,Judgment upon any award by the arbitrator may be arbitration shall be conducted, at the option of whoever files the enforced in any court having jurisdiction. arbitration claim,by either the American Arbitration Association(AAA)or Other Beneficiaries of this Provision.Our rights and obligations under this JAMS in accordance with their procedures in effect when the claim is filed. arbitration provision shall inure to the benefit of and be binding upon our For a copy of their procedures,to file a claim or for other information, parent corporations,subsidiaries,affiliates(including,without limitation, contact AAA at 335 Madison Ave.,Floor 10,New York,NY 10017-5905, DFS Services LLC),predecessors,successors,assigns,as well as the officers, www.adr.org(phone 1-800.778-7879)or JAMS at 620 Eighth Ave.,Floor 34, directors and employees of each of these entities,and will also inure to the New York,NY 10018,www.jamsadr.com(phone 1-800-352.5267).No other benefit of any third party named as a co-defendant with us or with any of arbitration forum will be permitted,except as agreed to pursuant to either the foregoing in a claim which is subject to this arbitration provision.Your the Changes to this Agreement section or a writing signed by both parties. rights and obligations under this arbitration provision shall inure to the If neither AAA nor JAMS is able or willing to serve as the arbitration benefit of and be binding upon all persons contractually liable under this administrator and we and you are unable to agree on a replacement Agreement and all Authorized Users of the Account. administrator or arbitrator,then a court of competent jurisdiction will Survival of this Provision.This arbitration provision shall survive termination appoint an administrator or arbitrator or arbitrators(in the case of an of your Account as well as voluntary payment in full by you,any legal appeal to a panel of three arbitrators as described below).Unless consented proceedings by us to collect a debt owed by you,any bankruptcy by you to by all parties,no arbitration may be administered by any administrator and any sale by us of your Account. or arbitrated by any arbitrator that has any formal or informal policy,rule Right to Reject Arbitration.You may reject the Arbitration of Disputes or procedure that is inconsistent with or purports to override the terms of section by providing us a notice of rejection within 30 days after receiving this section.If we elect to resolve a claim or dispute by binding arbitration a Card,at the following address:Discover,PO Box 30938,Salt Lake City,UT and the arbitrator issues an award in your favor on a claim or claims with 84130.093&If you were previously subject to arbitration with respect to any respect to which you would not otherwise be entitled to recover your account with us,this right to reject arbitration will not apply to you.Your arbitration filing,administrative and hearing fees,reasonable attorneys' rejection notice must include your name, address, telephone number, fees and/or other arbitration costs,we will be responsible for paying or Account number and signature and must not be sent with any other reimbursing such costs and fees if awarded by the arbitrator. correspondence.Calling us to indicate that you reject the Arbitration of Fees and Costs.At your written request,we will advance any arbitration Disputes section or sending a rejection notice in a manner or format that filing,administrative and hearing fees which you would be required to pay does not comply with all applicable requirements is insufficient notice.In -t2- -13- 11DCM0_02BOK TL23AG0211_00083.indd 15.16 1/11/11 9:41 AM order to process your notice,we require that the notice be provided by you You must contact us: directly and not through a third party.Rejection of arbitration will not •Within 60 days after the error appeared on your statement. affect your other rights or responsibilities under this Agreement or your .At least 3 business days before an automated payment is scheduled,if you obligation to arbitrate disputes under any other account as to which you want to stop payment on the amount you think is wrong. and we have agreed to arbitrate disputes.If you do not send a rejection notice,you will be obligated by the Arbitration of Disputes section with You must notify us of any potential errors in writing.You may call us,but if respect to this and any prior account you have had with us,even if you have you do we are not required to investigate any potential errors and you may previously sent a rejection notice with respect to that prior account. have to pay the amount in question. LEGAL INTERPRETATION OF THIS AGREEMENT What Will Happen After We Receive Your Letter Severability.If any part of this Agreement becomes unenforceable,it will When we receive your letter,we must do two things: not make any other part unenforceable,except that if the Class Action 1.Within 30 days of receiving your letter,we must tell you that we received Waiver set forth above in the Arbitration of Disputes section is invalidated your letter.We will also tell you if we have already corrected the error. in any proceeding in which you and we are involved,then the Arbitration 2.Within 90 days of receiving your letter,we must either correct the error of Disputes section will be void with respect to that proceeding. or explain to you why we believe the bill is correct. Compliance with Interest Rate Limitations.We intend that this Agreement While we investigate whether or not there has been an error. will comply with applicable interest rate limitations. You will not be .We cannot try to collect the amount in question, or report you as required to pay Interest Charges or other charges at a rate that is greater delinquent on that amount. than the maximum amount permitted by law.If it is ever finally determined that,but for this section,the Interest Charges or other charges under this •The charge in question may remain on your statement,and we may Agreement would exceed the maximum lawful amount, the Interest continue to charge you interest on that amount. Charges and other charges will be reduced to the maximum lawful amount. •While you do not have to pay the amount in question,you are responsible Any excess amount that you have already paid will be used to reduce the for the remainder of your balance. outstanding balance of your Account or will be refunded to you by means .We can apply any unpaid amount against your credit limit. of a check in our discretion. After we finish our investigation,one of two things will happen: Governing Law,This Agreement and any claim or dispute arising out of •If we made a mistake:You will not have to pay the amount in question or this Agreement will be governed by applicable federal law and,to the any interest or other fees related to that amount. extent state law applies,Delaware law. .If we do not believe there was a mistake:You will have to pay the amount ASSIGNMENT OF ACCOUNT in question,along with applicable interest and fees.We will send you a We may sell,assign or transfer your Account or any portion thereof without statement of the amount you owe and the date payment is due.We may notice to you.You may not sell,assign or transfer your Account without first then report you as delinquent if you do not pay the amount we think you obtaining our prior written consent. owe. If you receive our explanation but still believe your bill is wrong,you must write to us within 10 days telling us that you still refuse to pay.If you do so, Your Billing Rights; we cannot report you as delinquent without also reporting that you are questioning your bill.We must tell you the name of anyone to whom we Keep This Document For Future Use reported you as delinquent,and we must let those organizations know This notice tells you about your rights and our responsibilities under the when the matter has been settled between us. Fair Credit Billing Act If we do not follow all of the rules above,you do not have to pay the first What To Do If You 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 In your letter,give us the following information: remaining amount due on the purchase. •Account information:Your name and account number. To use this right,all of the following must be true: •Dollar amount:The dollar amount of the suspected error. 1.The purchase must have been made in your home state or within 100 miles of your current mailing address,and the purchase price must have •Description of problem:If you think there is an error on your bill,describe been more than $50. (Note: Neither of these are necessary if your what you believe is wrong and why you believe it is a mistake. purchase was based on an advertisement we mailed to you,or if we own the company that sold you the goods or services.) _14- -15- IIDCMO_02BOK_TL23AG0211_00083.indd 17-18 1/11/11 8:41 AM 2.You must have used your credit card for the purchase.Purchases made DEFINITIONS: with cash advances from an ATM or with a check that accesses your credit Accident or Accidental means a sudden,unforeseen and unexpected event card account do not qualify. happening by chance, and includes unavoidable exposure to elements 3.You must not yet have fully paid for the purchase, arising from a covered Hazard. If all of the criteria above are met and you are still dissatisfied with the Accidental Bodily_In'urvfes)means bodily injury which is Accidental,is the purchase,contact us in writing at: direct source of a Loss,is independent of disease,illness or other cause and Discover occurs while this policy is in force. PO Box 30945 Account means a Card account. Salt Lake City,UT 84130-0945 Benefit Amount means the Loss amount at the time the entire cost of the While we investigate,the same rules apply to the disputed amount as passenger fare is charged to an Account. discussed above.After we finish our investigation,we will tell you our Card means the Discover Card. decision.At that point,if we think you owe an amount and you do not pay, Cardmember means the holder of the Card whose name appears on the we may report you as delinquent. credit card. Company means the Federal Insurance Company. DESCRIPTION OF COVERAGE Covered Trio means travel on a Scheduled Aircraft when the entire cost of SCHEDULED AIR TRAVEL ACCIDENT INSURANCE the passenger fare for such transportation,less redeemable certificates, vouchers or coupons,has been charged to the Insured Person's Account. Discover®Cardmembers are provided with$500,000 Scheduled Air Travel Dependent Child or Children means those children, including adopted Accident Insurance. You, your Spouse, Domestic Partner or eligible children and those children placed for adoption, who are primarily Dependent Children for whom a ticket was purchased on your Card(as dependent upon the Insured Person for maintenance and support and who defined below)will be automatically insured against Accidental Loss of Life are:(1)under the age of 19 and reside with the Insured Person;(2)beyond arising from and occurring on a Covered Trip while you,your Spouse, the age of 19,permanently mentally or physically challenged and incapable Domestic Partner or eligible Dependent Children for whom a ticket was of self support;or(3)under the age of 25 and classified as full-time students purchased on your Card are riding as a passenger in or entering,exiting or at an institution of higher learning. being struck by a Scheduled Aircraft or a conveyance operated by a military Domestic Partner means a person who:(1)is at least 18 years of age and transport service or riding as a passenger in or entering or exiting any competent to enter into a contract;(2)is not related to the Insured Person conveyance licensed to carrythe public for a fee and while traveling directly by blood;(3)has exclusively lived with the Insured Person for at least one to or from the airport immediately preceding the departure of a Scheduled year prior to the date of enrollment;(4)is not legally married or separated; Aircraft on which the Insured Person has purchased passage and and(5)as of the date of enrollment,has with the Insured Person at least immediately following the arrival of a Schedule Aircraft on which the two of the following financial arrangements:(a)a joint mortgage or lease; Insured Person was a passenger. (b)a joint bank account,(c)joint title to or ownership of a motor vehicle or *Coverage is underwritten by Federal Insurance Company, a member status as a joint lessee on a motor vehicle lease;or(d)a joint credit card insurer of the Chubb Group of Insurance Companies.Certain limitations account with a financial institution.Neither the Insured Person not the and exclusions apply. Domestic Partner can be married to,nor in a civil union with,anyone else. PLAN FEATURES Hazard means the covered circumstances for which this insurance is THE BENEFITS:The full Benefit Amount($500,000)is payable for Accidental provided as stated in Section III of the Declarations,Hazards,and described Loss of Life.The Loss must occur within one year of the Accident. in the Hazards form,as described on page 1 of this Description of Coverage. MAXIMUM LIMIT OF INSURANCE:If more than one Insured Person suffers Insured Person means all Cardmembers,their spouses,Domestic Partners a Loss in the same Accident,the Company will not pay more than the and Dependent Children,as well as authorized users of the Account. maximum limit of insurance($20,000,000)per Accident.If an Accident Loss means the Loss of Life. results in Benefit Amounts becoming payable,which when totaled,exceed Loss of Life means death,including clinical death determined by the local the applicable limit of insurance shown above,the maximum limit of governing medical authorities. insurance will be divided proportionally among the Insured Persons,based poli older means DFS Services LLC,the entity responsible for the payment on each applicable Benefit Amount.In the event of multiple Accidental deaths per Account arising from any one Accident,the Company's liability of premium. for all such Losses will be limited to a maximum limit of insurance equal to Scheduled Aircraft means an aircraft owned and/or operated by a two times the applicable Benefit Amount for Loss of Life.Benefits will be Scheduled Airline. proportionately divided among the Insured Persons up to the maximum Scheduled Airline means an airline which is either of United States registry limit of insurance. and certified by the United States government to carry passengers on a t6_ _17_ tiDGM0_02801LTL23AG0211_00083.indd 19-20 1/11/11 9:41 AM regularly scheduled basis or of foreign register and approved by the United CLAIM NOTICE:Written claim notice must be given to the Company within States government and the appropriate foreign authority. 90 days after the occurrence of any Loss covered by this policy or as soon as War means hostilities following a declaration of War by a government reasonably possible.Failure to give notice within 90 days will not invalidate authority.If there is no declaration of War,then(1)armed,open and or reduce any otherwise valid claim if notice is given as soon as reasonably continuous hostilities between two countries or(2) armed, open and possible, continuous hostilities between two factions,each in control of territory,or CLAIM FORMS:When the Company receives notice of a claim,the Company claiming jurisdiction over the site of the area of hostility. will send you forms for giving proof of Loss to us within 15 days.If you do DISAPPEARANCE BENEFITS:If the Insured Person has not been found within not receive the forms,you should send the Company a written description one year of the disappearance,stranding,sinking,wrecking or breakdown of the Loss. of any Scheduled Aircraft or conveyance in which the Insured Person was CLAIM PROOF OF LOSS:Complete proof of Loss must be given to Company covered as an occupant,it will be assumed,subject to all other terms of the within 90 days after the date of Loss,or as soon as reasonably possible. policy,that the Insured Person has suffered Loss of Life covered under this Failure to give complete proof of Loss within these time frames will not policy. invalidate any otherwise valid claim if notice is given as soon as reasonably EXPOSURE BENEFITS:Accident includes unavoidable exposure to elements possible and in no event later than one year after the deadline to submit arising from a covered Hazard, complete proof of Loss. ELIGIBILITY:This insurance plan is provided to Insured Persons automatically CLAIM PAYMENT: The Company will pay you or your beneficiary the when the entire cost of the passenger fare(s)on a Scheduled Airline is applicable Benefit Amount within 60 days after complete proof of Loss is charged to the Cardmember's Account while the insurance is effective.It is received and if you,the Policyholder and/or the beneficiary have complied not necessary for you to notify the Policyholder or the Company when with all the terms of the policy. Scheduled Airline tickets are purchased. ARBITRATION: In the event of a dispute under this policy, either the EFFECTIVE DATES:Your insurance under this insurance plan is effective on Company or the Insured Person may make a written demand for the later of: 1)April 1,2007; or 2)the date you become an eligible arbitration.In that case,the Company and the Insured Person will each Cardmember.Your insurance coverage under this insurance plan will cease select an arbitrator.The two arbitrators will select a third.If they cannot on the earlier of:(1)the date the insurance coverage is terminated;or(2) agree within 15 days,either the Company or the Insured Person may the date you cease to be an eligible Cardmember. request that the choice of arbitrator be submitted to the American COST:This insurance plan is provided at no additional cost to eligible Arbitration Association.The arbitration will be held in the state of the Insured Persons for Covered Trips.Policyholder pays the full cost of the Insured Person's principal residence. insurance. IF YOU HAVE ANY CLAIM RELATED QUESTIONS,PLEASE CALL THE CLAIMS THE BENEFICIARY:The Loss of Life benefit will be paid to the beneficiary SERVICE CENTER AT 1-800-CLAIMS-0(1-800.252.4670). designated by you.If no such designation has been made,that benefit will You can also go to the Company Web site(wwwchubb.com),click on be paid to the first surviving beneficiary in the following order:a)your Report a Loss, select Accident, Benefits and Life claims, select the spouse;b)your children;c)your parents d)your brothers and sisters,e)your appropriate form,print out the claim form,fill out and mail.You can file a estate.All other indemnities will be paid to you.If you wish to change your claim by mail or fax. beneficiary,you may request a beneficiary designation form by writing to Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES the plan administrator at:The Direct Marketing Group,Inc.,13265 Bedford CLAIMS SERVICE CENTER Avenue,Omaha,NE 68164 or at Beneficiaryrequest@TheDirectMG.com. 600 INDEPENDENCE PARKWAY EXCLUSIONS:This insurance plan does not cover Loss resulting from:(1)an PO BOX 4700 Accident occurring while an Insured Person is in,entering,or exiting any CHESAPEAKE,VA 23327-4700 aircraft owned,leased or operated by this Policyholder or any aircraft Fax Number. 1-800-300-2538 owned,leased or operated by an employee of the Policyholder on behalf As a handy reference guide,please read this and keep it in a safe place with of the Policyholder(this exclusion does not apply to aircraft chartered with your other insurance documents.This description of coverage is not a pilot or crew on one time charter basis),(2)an accident while an Insured contract of insurance but is a summary of the principal provisions of the Person is in,entering,or exiting any aircraft while acting or training as a insurance while in effect.Complete policy provisions are contained in the pilot or crew member(this exclusion does not apply to passengers who Master Policy,which can be obtained from the Policyholder: temporarily perform pilot or crew functions in a life threatening Policy#9906-18-06 emergency); (3) emotional trauma, mental or physical illness, disease, Policy Underwritten By Plan Administrator pregnancy,childbirth or miscarriage,bacterial or viral infection,or bodily Federal Insurance Company The Direct Marketing Group,Inc. malfunctions(except bacterial infection caused by an Accident or from a member insurer of the 13265 Bedford Avenue Accidental consumption of a substance contaminated by bacteria); (4) Chubb Group of Insurance Companies Omaha,NE 68164 suicide,attempted suicide or Loss that is intentionally self-inflicted;or(5) 15 Mountain View Road,PO Box 1615 declared or undeclared War. Warren,N107061-1651 IlDCMO_02BOK_TL23AG0211_00083.indd 21-22 1/11/11 9:41 AM DESCRIPTION OF COVERAGE subject to all the terms of the Policy,the Company agrees to reimburse on SECONDARY RENTAL CAR COLLISION COVERAGE an Actual Cash Value basis either the Insured or the Rental Agency for Discover®Cardmembers can benefit from the security and safety offered repair or replacement of the Rented Automobile as a result of Collision through Excess Collision Damage Waiver. If you rent a vehicle for 31 Damage to the Rented Automobile.The Company's liability will be for a consecutive es s o less(ora days under certain circumstances described maximum reimbursement of$25,000.In no event will the Company be Y Y liable beyond the amounts actually paid by the Insured or the Rental below)with your Card(as defined below),you maybe eligible for benefits Agency. under this coverage. Excess Collision Damage Waiver is an insurance .If you or an Insured's primary vehicle insurance or other coverage has program,underwritten by Federal Insurance Company Policy#9906-17-63 made payments for a covered loss,Excess Collision Damage Waiver will (the"Polity"). cover your deductible and any other eligible amounts not covered by DEFINITIONS: other insurance. Account means a Card account. •This coverage is not all-inclusive,which means it does not cover such Actual Cash Value means the cost to repair or replace the Rented things as personal injury or personal liability.It does not cover you for any Automobile at the time of loss,less depreciation. damages to other vehicles or property.It does not cover you for any injury Cardmember means the holder of the Card whose name appears on the to any party. credit card. WHO IS COVERED: Card means the Discover Card. •Discover Cardmembers Collision Damage means the direct and accidental damage to a Rented EXCLUDED RENTAL VEHICLES: Automobile caused by upset or collision with another object.Collision Off-road,antique or limited edition motor vehicles;trucks;recreational Damage does not include loss caused by missiles,falling objects,fire,theft vehicles,campers,pickup trucks,and mini-buses;limited edition motor or larceny,explosion,earthquake,windstorm,hail,water,flood,malicious vehicles or high value,exotic,high performance or collector type.High mischief or vandalism,riot or civil commotion. value motor vehicles are motor vehicles whose replacement value exceeds Com an means the Federal Insurance Company. $50,000,and antique motor vehicles are defined as any vehicle over 25 Insured means Cardmembers and authorized users of the Account. years old,or any vehicle which has not been manufactured for 10 years or Polis older means DFS Services LLC,the entity responsible for the payment more. of premium. WHERE YOU ARE COVERED: Rental Agency means a commercial automobile rental company licensed •Coverage applies to vehicles rented anywhere in the world. under the laws of the applicable jurisdiction. •Coverage is not available where prohibited by law. Rented Automobile means a four-wheeled private passenger type motor WHAT IS NOT COVERED: vehicle or a minivan manufactured and designed to transport a maximum Coverage does not apply to loss resulting from the following: of seven passengers and used excursively to carry passengers.A Rented .Any dishonest,fraudulent or criminal act of the Insured. Automobile must be designed for travel on public roads and rented from Rental Agency. •Forgery by the Insured. TO GET COVERAGE: •Loss due to war or confiscation by authorities. •The Collision Damage Waiver Coverage is provided to you,as an Insured, •Loss due to nuclear reaction or radioactive contamination. automatically when the entire rental fee for the Rented Automobile is •The Insured being intoxicated,as defined by the laws of the jurisdiction charged or debited to your Account.It is not necessary for you to notify where the loss occurred,or under the influence of any narcotic unless the Company at the time the rental fee is charged or debited to your prescribed by a physician. Account. •Use of the Rented Automobile to carry passengers and property for hire. •You must decline the Loss/Damage Waiver offered by the vehicle Rental •Use of the Rented Automobile by a person other than the one authorized Agency, to operate the Rented Automobile by the terms of the Rental Agreement. •You must rent the vehicle in your own name and sign the vehicle rental •Loss of use of the Rented Automobile. agreement/contract. •Intentional damage to the Rented Automobile by the Insured. •The coverage period will not exceed 31 consecutive days, or 45 •Damage which is due and confined to wear and tear,freezing,mechanical consecutive days if the Insured is an employee of an organization which or electrical breakdown or failure. has provided a Card to the Insured for business use. .Damage to tires unless the loss is coincident with a covered loss. THE KIND OF COVERAGE YOU RECEIVE: •Use of the Rented Automobile in tests,races or contests. In consideration of the premium paid by the Policyholder as required,and •The Rented Automobile being operated or located in any territory prohibited by the terms of the Rental Agreement. _20- -21- 11DCMO_02BOK_TL23AG0211_00083.indd 23-24 1/11111 9:41 AM 1 FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS: INSURANCE DISCLOSURES To the extent that this plan provides insurance against damage to a rented As a handy reference guide,please read this document and keep it in a safe motor vehicle,the following terms and conditions apply:(1)the period of place with your other insurance documents.This Summary of Coverage is insurance coverage will not exceed 31 consecutive days,or 45 consecutive not a contract of insurance but is simply an informative statement to days if the Insured is an employee of an organization which has provided eligible Insureds of the principal provisions of the insurance while in effect. the Card to the Insured for business use;and(2)the insurance provided by Complete provisions pertaining to this plan of insurance are contained in this plan will be excess over any other valid and collectible insurance the master policy on file with DFS Services LLC,herein referred to as the covering the Rented Automobile.However,the insurance provided under Policyholder.If a statement in this Summary of Coverage and any provision this plan may be primary if specifically provided for under the terms of this in the policy differ,the policy will govern. plan and if the following criteria is met:(a)the Rented Automobile is Policy Underwritten By Plan Administrator rented for use outside the United States,its territories and possessions;(b) Federal Insurance Company("Company") The Direct Marketing Group,Inc. the Insured is an employee of an organization which has provided the Card a member of the 13265 Bedford Avenue to the Insured for business use;and(c)the Rented Automobile is rented Chubb Group of Insurance Companies Omaha,NE 68164 without a driver. 15 Mountain View Road,PO Box 1615 HOW TO FILE A CLAIM UNDER EXCESS COLLISION DAMAGE WAIVER: Warren,NJ 07061.1651 In the event of a claim,written or verbal notice must be provided as soon Master Policy Number:9906-17-63 as reasonably possible. IF YOU HAVE ANY CLAIM RELATED QUESTIONS,PLEASE CALL THE CLAIMS Effective date of benefits:Effective April 1,2007,this guide replaces all SERVICE CENTER AT 1.800-CLAIMS-0(1.800.252.4670). prior disclosures,program descriptions,advertising,and/or brochures by You can also go to the Company Web site(www..chubb.com),click on any party.Policyholder and Company reserve the right to change the Report a Loss, select Accident, Benefits and Life claims, select the benefits and features of these programs at any time. appropriate form,print out the claim form,fill out and mail.You can file a Cancellation: Policyholder can cancel these benefits at any time or claim by mail or fax. choose not to renew the insurance coverage for all authorized Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES Cardmembers.If Policyholder does cancel these benefits,you will be CLAIMS SERVICE CENTER notified at least 60 days in advance.If the Company terminates,cancels, 600 INDEPENDENCE PARKWAY or chooses not to renew the coverage to Policyholder,you will be PO BOX 4700 notified as soon as is practicable,Insurance benefits will still apply for CHESAPEAKE,VA 23327-4700 any benefits you were eligible for prior to the date of such terminations, Fax Number. 1-800-300-2538 cancellation,or non-renewal,subject to the terms and conditions of 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 are issued by U.S.financial institutions.The United States is defined as Insured's name and Policy number,within 90 days after a covered loss the 50 United States,the District la Columbia,American Samoa,Puerto occurs.If notice cannot be given within that time,it must be given as soon as reasonablypossible.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 P the Cardmember shall have any legal or equitable right,remedy,or claim the following information to the Company orits authorized representative: for insurance proceeds and/or damages under or arising out of this •A copy of the Account statement showing the automobile rental coverage.These benefits do not apply if your Card privileges have been transaction. cancelled.However,insurance benefits will still apply for any benefit you •A copy of the automobile rental agreement. were eligible for prior to the date that your Account is suspended or •A copy of the police report. cancelled subject to the terms and conditions of coverage of your •A copy of the initial claim report submitted to the automobile Rental Cardmember Agreement. Agency. Transfer of rights or benefits:No rights or benefits provided under these •A copy of the paid claim presented by the automobile Rental Agency for insurance benefits may be assigned without the prior written consent of the Collision Damage for which the Insured is responsible. the Company. •Proof of submission of the loss to,and the results of any settlement or Misrepresentation and Fraud:Coverage of the Insured will be void if,at denial by the applicable insurance carrier(s). anytime,the Insured has concealed or misrepresented any material fact or circumstance concerning this coverage or the subject thereof or the •If no other insurance is applicable,a notarized statementfrom the Insured interest of the Insured herein,or in case of any fraud or false swearing to that effect by the Insured relating thereto. Reminder.Please refer to the Insurance Disclosures section. Coverage for an Insured will be void if,whether before or after a loss, _Z2- -23- 11DCM0_02BOiLTL23AG0211_00083.indd 25-26 1/11/11 8'41 AM the Policyholder or its subscribing organization(s) has concealed or will be responsible for all third-party fees and expenses for services misrepresented any material fact or circumstance concerning this requested,such as professional or medical fees. coverage or the subject thereof or the interest of the Insured therein,or Availability of Services.Certain services may not be available in all areas. in case of any fraud or false swearing by the Policyholder or its Call us at 1.800-DISCOVER(1-800-347-2683)for assistance or if you have subscribing organization(s)relating hereto. questions about a specific destination.Outside the U.S.,call us collect at Addition of New Insureds:All eligible persons will be automatically 1-801.902-3100.While AXA Assistance will make every reasonable effort insured under this Policy. to provide the services,neither AXA Assistance nor Discover Bank or our Examination Under Oath:It is a condition of this insurance that the respective affiliates will be liable if a service is not provided or for any Insured and the Policyholder,as often as may be reasonably required by services that are provided by third parties.The services and these terms the Company,will submit,and within its power cause others to submit, and conditions are subject to change without notice. to examinations under oath and will produce for examination all writings,books of account,bills,invoices and other vouchers,or certified copies thereof if originals are lost,at such reasonable time and place as may be designated by the Company or its representative,and will permit extracts and copies thereof to be made.No such examination under oath,examination of documents or any other ad 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 Companyto the Insured,the Insured agrees to direct enforcement of such rights as reasonably requested bythe Company and to return to the Company any recovery to the extent payment of loss has been made by the Company. Arbitration: In the event of a dispute under this policy, either the Company or the Insured may make a written demand for arbitration.In that case,the Company and the Insured will each select an arbitrator. The two arbitrators will select a third.if they cannot agree within 15 days,either the Company or the Insured may request that the choice of arbitrator be submitted to the American Arbitration Association.The arbitration will be held in the state of the Insured's principal residence. GLOBAL TRAVELER'S HOTLINE TERMS AND CONDITIONS The Global Traveler's Hotline provides Cardmembers and their families a wide range of free travel assistance benefits.It is operated by AXA Assistance USA,Inc.Visit Discovercard.com/travel to learn more. Eligibility. You must be a Cardmember whose Account is in good standing,the Cardmember's spouse or dependent child traveling with the Cardmember or an Authorized User of an Account in good standing. Third-Party Charges.Global Traveler's Hotline is not insurance,so you _z4- -25- 11DCM0_02BOK_TL23AG0211_o00B3.indd 27-28 1111/11 9:41 AM 1� 1560(QA Discover More Card Account number ending ini 4389 Open Date:May 24,2013-Close Date:Jun 23e 2013 Cardmember Since 1993 Page i of 4 ACCOUNT SUMMARY PAYMENT INFORMATION` Previous Balance $14,871.78 New Balance $1_5,161.37 Payments and Credits — $0.00 Minimum Payment Due` $2,31.8.x;0 Purchases + $0.00 Payment Due Dote July 18,2Q1I3 Balance Transfers + $0.00 •Includes past due amount of: $2008100 Cash Advances + $0.00 Fees Charged + $35.00 g Late Payment Warning:I�f we do not-receive your�minimum payment by the Interest Charged + $254.59 dote listed above,you may,h'nvd•to=pqy a late fee of up to$35.00 and your New Balance $15,161.37 purchase a 68,boloncetronsfer APRs for ne WTransactions may be increased up;10 the Penol�y APR of 24.9944 variable. See Interest Charge Calculation section following the Minimum PaymentRWarning:If you make only the minimum payment each Transactions section for detailed APR information perid'd yqu will. y more in interest and it will flake you longer to pay off your Credit Line $13,500 op/balance.Far example: ��✓ Credit Line Available $0 < lf,youmakeraxiadditiorY ;You will pay` 1114. And you VA end Up rlging.thxs card and each 'balance sho�yn on this paying qn estimated tobf Cash Advance Credit Line $6,800 900PPY stalementinobout Cash Advance Credit Line Available t�^$0 . OnI)Mhemimmum "a ment 1 42 year, $63,860 You may be able to avoid interest on Purchases. , ° If youQrAu like information about credit counseling services,call 1-800-347-111121. See reverse for details. REWARDS Contact Us Discover.comr' .. a r,� Anniversary70—n-a 1-800-347-2:'983<./ -11 � e % Cashback Bonus@ November Opening Balance $ 0.00 Please make check poyableto'Discgver. You are o erlimii" New Coshback Bonus This Period +$ 0.0:0 Pay the sum of the Minimdm Paymenf Due plus ihe'remoining✓ Redeemed This Period —$ 0.00 overlimit amount of$1'661.37. Cashback Bonus Balance $ 0.00 To learn more,Iog in at Discover.com n� Make Check payable to Discover. NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please told on the perforation below,deiach and return with your payment. Paymenfi Coupon < Pay Online- Pay by Phone' Account number ending in 4389 Please do notfold,.clip or sfopte. NW, Discover coin. O.1-800.347-2683 Minimum Payment Due $2,318.00 1111161111111111 11111 lll'1'll"l'I New Balance $15,861_37 Payment Due Date July 18;,2013 CINDI A WENGER STEPHEN L WENGER �'I Amount enclosed Is � 916 WILLIAMS GROVE RD MECHANICSBURG PA 17055-8000 PO BOX 71084 CHARLOTTE NC 28272-1084 Phone and Internet payments must be received by 5Ph1 ET to be credited as of the some day. llllllllllllll.111i11'I1llhlJill Jill I11111if11lll'llllll 111[118 Address,e-mail or telephone changed?Note changes on reverse side. 000001986458512358736151613700004540231800 CINDI A WENGER Account number ending in 4389 Open Dote:May 24,2013-Close Dote:Jun 23,2013 Page 2 of 4 Important Information You must ensure that sufficient funds are available in your bank account,and all transactions must comply with U.S.law. See your Cardmember Agreement.Your Cordmember Agreement contains all the terms of your Account. You can set automatic payments for:(i)statement New Balance,(ii)statement Minimum Payment Due,(iii)statement Minimum Payment Due plus a fixed Lost or stolen cards.Report immediately!Call 1-800-347-2683. dollar amount,or(iv)Other dollar amount. If your scheduled"Other dollar On amount"payment is not enough to cover the Minimurn Payment Due as listed What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, to us t Discover,PO on your monthly billing statement,your scheduled payment for that month Box 30421,Salt Lake City,UT 84130-0421.You must write to us within 60 will be increased to cover the Minimum Payment''Due. Nthe scheduled days after the error appeared on your statement. You may call us,but if you payment is greater than the Minimum Poyment Due,arty excess w ll be do we are not required to investigate any potential errors,and you may have applied in accordance with your Cordmember.Agreement.9 your scheduled o ay the amount in question. The Billing Rights Notice further explains your payment is greater than the New Balance�on yo r billirog statement,that rights. Please see your Cardmember Agreement or visit payment will be processed only forjhe orriount oilyour New Balance.Your haps://discover.com/billingrights for a copy of this notice. ouiomatic payment amount moi!be•less tharnkhe arrant indicated on the billing statement based on6re rtsA payments after the`Close Dote. Payments.You may pay all or part of your Account balance at anytime. If you enroll by phone in ovr automofic payment service,please fill-in the However,you must pay at least the Minimum Payment Due b the ayment Due Date.Send only our.payment and the bottom portion of this statement following blanks below and retain the authorization for�your records. in the envelope prow ryled.Do not send cosh. If you pay by check,you Amount: ❑Full%Pay" _❑Min Pay Min Poy+g authorize us to use information on your check to make an electronic fund u transfer from Your account at the financial institution indicated on your check ❑Other Amo-unt5 .�. ; Ban Routing# or to process the poyment as a check transaction.Ifo payment is processed -�, as on electronic fund transfer,the transfer will be for etre amount of the Bonk AccourrN -- � check.When we use information from your check to make an electronic fund transfer,funds may be withdrawn from your account os soon as the same Monthlyon the❑Paymenf`Due Date ❑Close Date day we receive your payment,and you will not receive your check back from ` your financial institution. ❑ \ Day of month(insert date) The processing of your payment may be delayed if you send cash, ~� \. "� �' Credit Reporting.We may repos `information about your Account to credit correspondence or other items with your payment,if you send the payment to bureaus.Late payments,missed payments,or other defaults on your Account any other address or if you use an envelope other than the one provided/ o"may be teflected^in your�credit report.We normally report the status and Payments received in proper form at our processing facility by 5PM locol'timeKp�eni history of your Account to credit reporting agencies each month.If on any day will be credited to your Account as of that day.Payments received yo,believe.that our report is inaccurate or incomplete,please write us at the of our processing facility after 5PM local time will be credited to your Account 'following address:=Discover,PO Box 15316,Wilmington,DE 19850-5316. as of the next dog.If you have misplaced your envelope,send your'odymenf'Plea"se.include youe name,address,home telephone number and Account to Discover,PO Box 6103,Carol Stream,IL 60197 6103.Please allow 710 V number. days for delivery.If your payment is returned unpaid,we reserve;the.right to resubmit it as an electronic debit.Payments made online;or by phone will be P6ying ierest.Your due date is at least 25 days otter the close of each credited as of the day of receipt if mode by 5 PM Eastern'time. billing petiod(at least 23 days for billing periods ihot begin in February).We You can pay your monthly Minimum Payment Due'r"a,greater omount=that will not charge you any interest on Purchases if you pay your entire balance does not exceed our current Account balance;over the tele hone or ou can by the due dote each month.We will begin charging'interest on Cash setup automatic your through a customer service representative fry ' Advances and Balance Transfers as of the later of theTronsoction Date or the calling 1-800-347-2683.Automatic paymems for'the billing period`,V, first day of the billing period in which the transaction posted to your Account. on your statement will be deducted on thwPayment,Due DoWshown ondhot How We Calculate Interest Charges.We Use the Doily Balance Method statement,or the next automatic payment date referred io,;dn your statement, to unless you request a recurring payment-dote(esg.,the IS"'day of•ffie,month) (including For more info information, a coil aus at 1-800-347-2683. e the Balance ct o Interest that occurs before your Poyment Due Date,ar Close Dote'..,If you"r scheduled payment date falls on a weekend or.bank holiday,your payment will'be Balance Subject to Interest Rate. Your statement shows a Balance Subject processed the business day;prior tolhOweeko:nd or bunk holydoye'In order to to Interest Role. ft shows this for each transaction category. The Balance schedule monthly payments by telephone,you will need#his statement and Subject to Interest Rate is the average of the daily balances during the billing your bank account information.You,wIt be asked,b provfdI By last lour(4) period. digits of the social security number of"the primary borrower.By providing those numbers as your electronic signajdke,you will be cigreeing to this authorization to allow,us and your`-bank 10>deduct•eo6 payment you Credit Balances. If your Account has a credit balance,the amount is shown authorize,in the amount selected by you,from your bank account.You also on the front of your billing statement. A credit balance is money that is owed 'o i authorize to initiate debit or credit entries io your Bonk account,as Wyou. You may make charges against this amount'3 your Account is open. We will send you a refund of any remaining balance of 51.00 or more after applicable,,to correct an error in the processing of such payment.You can 6 months,or as otherwise required by applicable low,or upon request made cancel a scheduled payment by phone at 1-800-347-2683 or by mail at 'o the address in the Contact Us section on page 3 of your billing statement. Discover,PO Box 30421,Salt Lake City,UT 84130-0421;however,we must Discover may monitor and/or record telephone tolls between you and receive notice at least three business days in advance of the scheduled Discover representatives for quality assurance purposes. payment.If your payments may vary in amount,we will tell you on each monthly billing statement when your payment will be made and how much it The Discover@ card is issued by Discover Bank,Member FDIC. TL23N will be. CHANGE OF ADDRESS if correct on front,do not use.Please print clearly in blue or black ink,in the space provided. Street Address I Home Phone i 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 4389 Open Date:May 24,2013 Close Date:Jun 23,2013 Page 3 of 4 CONTACT US < AWeb Mobile © Phonenquiry550 Mail Payments Access your Manage your 1.800-DISCOVER Discover Discover account securely account anytime, (1-800.347-2683) PO Box 30943 PO Box 6103 at Discover.com anywhere at TDD 1-800-347-7449 Salt Lake City\ \Carol Stream m.Discover.com UT84130 N IL 60197-6103 � v Transactions Trans.Date Post Date Fees Jun 18 Jun 18 LATE FEE N� S 35.00 TOTAL FEES FOR THIS PERIOD,, ` 35.00 Interest ChargedINTEREST#CHARGE CH ON PURASES $ 254.59 INTEREST CHARGE ON GASH ADVANCES 0.00 INTERESTVCI-fA,,RGE1ON BAtA�NCE�TRANSFERS 0.00 TOTACINTTERESTFk OR THIS PERIOD 254.59 2013 Totals Year-to-Date ,�^'"r `° "Z y'�TOTAL FEES CHARGED IN 2013 $ 89.73 `�4 .TOTAL INTEREST CHARGED IN 2013 $ 1,429.54 Interest Charge Calculation/-he �- Your Annual Percentage Rate(APR)is annual interest rate on your account. Current Billing Period:31 days s ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO NTYPE OF BALANCE (APRj INTEREST RATE INTEREST CHARGE Purchases ��"rte ` 1.9.99% $14,994.60 $254.59 Cash Advances ' 28.99% $0.00 $0.00 V=Vodoble Rote . - a Information For-You For more information about hoNnteresstt,charges are calculated see your Cardmember Agreement or go to www.discover.com/irderest<horges NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION r � CINDI A WENGER Account number ending in 4389 Open Dote:May 24 2013-Close Date:Jun 23 2013 Page 4 of 4 ° �w3 ,4° r� SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 111_ - f Sheriff THE PROMM irk1.1 Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF ICE OF THE ,F,..H.SRIFF 20111 SEP -14 PM 2: 31 CUMBERLAND COUNTY PENNSYLVAN1A Discover Bank vs. Cynthia A Wenger Case Number 20144809 SHERIFF'S RETURN OF SERVICE 08/27/2014 11:24 AM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Cynthia A Wenger at 916 Williams Grove Road, Monroe Township, Mechanicsburg, PA 17055. At" TIM BLACK, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, August 28, 2014 RONNY R ANDERSON, SHERIFF c) CounlySult Sheriff: Teleosoft, inc. PRESSLER and PRESSLER, LLP Ralph Gulko , Esq. ID# 32771 804 West Avenue Jenkintown, PA 19046 1-215-576-1900 File # W156019A Attorney for Plaintiff DISCOVER BANK Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. No. 14-4809 CIVIL TERM STEPHEN L WENGER Defendant PRAECIPE TO REINSTATE CIVIL ACTION COMPLAINT TO THE PROTHONOTARY: 4-_„, ----- Kindly reinstate the Civil Action Complaint filed in regards to the above matter. -r. r— (-) (7) 7.-Z • • Date: -11! ok,vi4 411.-Ipci 1+10 ciof )692,)OF. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r:LCD-OF I- E THE PROT ONO T :R f' nigra 2014 OCT 13 AM 10: 07 CUMBERLAND COUNT'? PENNSYLVANIA Discover Bank vs. Cynthia A Wenger (et al.) Case Number 2014-4809 SHERIFF'S RETURN OF SERVICE 10/01/2014 08:47 AM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Stephen Wenger at 916 Williams Grove Road, Monroe Township, Mechanicsburg, PA 17055. TIM BL CK, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, October 01, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, inc