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HomeMy WebLinkAbout14-5996 Supreme Coo: , nnsylvania For Prothonotary Use Only: Cour o_ mo, leas , C7 �' et Docket No: Cu119 Coun -'f°� The information collected on this form is used solely_for court administration purposes. This form does not supplement or replace thefiling and service ofpleadingj or other papers as required by law or rules of court. S Commencement of Action: ® Complaint ElWrit of Summons ElPetition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T DISCOVER BANK BRANDON J.MADARA Dollar Amount Requested: within arbitration limits Are money damages requested? ® Yes ❑ No pwkone) outside arbitration limits O N Is this a Class Action Suit? ❑Yes ® No Is this an MDJAppeaP ❑ Yes 9 No A Name of Plaintiff/Appellant's Attorney: Zwicker&Associates,P.C. ❑ 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 ❑ Malicious Prosecution ® Debt Collection: Credit Card ❑ Agencies ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Assessment ❑ Nuisance ❑ Board of Elections ❑ Premises Liability ❑ Dept.of Transportation ❑ Product Liability(does not include mass tort) El Employment Dispute:Discrimination El Statutory Appeal: Other S E] Slander/Libel/Defamation El Employment Dispute:Other ❑ Other. E ❑ Zoning Board El Other El Other. C MASS TORT ❑ Asbestos T ❑ Tobacco ❑ Toxic Tort-DES I ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory O ❑ Other: ❑ Eminent Domain/Condemnation Arbitration ❑ Ground Rent ❑ Declaratory Judgment N ElLandlord/Tenant Dispute El Mandamus ❑ Mortgage Foreclosure:Residential ❑ Non-Domestic Relations PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial Restraining Order ❑ Dental ❑ Partition ❑ Quo Warranto B ❑ Legal ❑ Quiet Title ❑ Replevin ❑ Medical ❑ Other. ❑ Other. ❑ Other Professional: Updated 1/1/2011 ....__.__.._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, Plaintiff vs. Civil Action No. BRANDON J. MADARA , U v (/ Defendant(s) NOTICE TO DEFEND—CIVIL You have been sued in Court. If you wish to defend against the claim set forth in the following papers, you must take action within twenty (20) days after this complaint and notice are served by entering an 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 any 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 _ 717-249-3166 Cn ;Z 7-J -A LAWYER REFERRAL SERVICE: U`?'-r C) I PENNSYLVANIA LAWYER REFERRAL SERVICE Fh= ='`T' 800-692-7375 x c-> E, '- S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, Plaintiff c/o DB Servicing Corporation 6500 New Albany Road New Albany, OH 43054 Civil Action No. vs. BRANDON J. MADARA, Defendant(s) BRANDON J. MADARA 4302 ALLEN RD CAMP HILL,PA 17011 COMPLAINT IN CIVIL ACTION 1. Plaintiff is a FDIC-insured Delaware State Bank. 2. One or more of the Defendant(s)reside in CUMBERLAND County,Pennsylvania. COUNT I—BREACH OF CONTRACT 3. At the request of Defendant(s),Plaintiff issued an account for credit services to Defendant(s) with an account number ending in#6766 and Defendant(s)was provided with the terms and conditions applicable to the account. See record of the account terms and conditions attached hereto as Exhibit"A". 4. Defendant(s) accepted the terms and conditions of the account by using the credit account for various purchases, cash advances and/or financial transactions. Records of the account statement(s) for the credit account is/are attached hereto, marked Exhibit `B" and made a part hereof. 5. Defendant(s) breached the terms and conditions of the account by failing to pay the balance due and/or make the required monthly payment. 6. The balance due and owing to Plaintiff is$3,766.29. COUNT II—ACCOUNT STATED 7. The averments set forth in Paragraphs 1 to 6 above are incorporated by reference thereto as though herein set forth at length. 8. An account was duly stated between Plaintiff and Defendant(s). 9. Plaintiff sent periodic statements to Defendant(s). 10. The statements stated the balance and any debits and/or credits for period covered by the statement. 11. Defendant(s)made payments on the account or retained statements without payment. Page 1 of 3 12. The balance due and owing to Plaintiff is$3,766.29. WHEREFORE, Plaintiff demands Judgment against Defendant(s) for the sum of $3,766.29 together with costs. ZWICKER&ASSOCIATES,P. C Attorneys for Plaintiff A Law Firm Engaged in Debt Collection DATE: � /f Z07 BY: NATHAN CA LEY, ESQ. A Bar Id No. 7Y884 500 OFFICE CENTER DRIVE FORT WASHINGTON,PA 19034 (877)297-1183 Page 2 of 3 VERIFICATION 619 L;7-1 A-rtoA (Name) (Title) of DB Servicing Corporation, servicing affiliate of Discover bank does hereby verify, under penalty of perjury and subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities states, that he/she is a duly authorized representative of plaintiff herein. Additionally, he/she verifies that Discover Bank, f/k/a Greenwood Trust Company, which is an FDIC-insured Delaware- state bank, lacks sufficient knowledge or information to verify this complaint. He/she verifies that he/she is authorized to make this verification. As an employee of DB Servicing Corporation, he/she has sufficient knowledge and information to make this verification, and consequently verifies that the facts set forth in the foregoing complaint are true and correct to the best of his/her knowledge and information and that he/she is personally familiar with the account and the relationship between Discover Bank and DB Servicing Corporation. It is further stated that Discover Bank, f/k/a Greenwood Trust Company, an FDIC-insured Delaware State Bank extends credit through issuance of the Discover Card. As the servicing affiliate, DB Servicing Corporation, successor to DFS Services LLC, performs a variety of services for, or on behalf of Discover Bank including, business management services in support of Discover Bank business lines, including without limitations, credit cards, deposits, personal loans, student loans, Customer Service, Collections, and other support services. The accounts may be forwarded to attorneys who file suit on behalf of Discover Bank. Both DB Servicing Corporation and Discover Bank are wholly owned subsidiaries of Discover Financial Services, an independent, publicly traded company. Date: _30,201 q Name s Defendant(s): BRANDON J. MADARA Account number: ending in 6766 Page 3 of 3 DISC VER® YOUR DISCOVER® ACCOUNT CARDMEMBER AGREEMENT................Pages 1-16 The terms and conditions of your Account, including how we calculate Interest Charges, our fees and an Arbitration of Disputes section.You have the right to reject the arbitration provision with respect to your new Account within 30 days after receiving your Card, as explained in the "Right to Reject Arbitration" section at page 13. BILLING RIGHTS..........................Pages 14-16 Important information about your rights and our responsibilities under the Fair Credit Billing Act. e DESCRIPTION OF COVERAGE...............Pages 16-24 The terms and conditions of the Scheduled Air Travel Accident Insurance and the Secondary Rental Car Collision Coverage that is provided at no charge to you when you use your Card to purchase airline tickets or rent an automobile. GLOBAL TRAVELER'S HOTLINE.................Pages 25 The terms and conditions of this free travel assistance benefit. ©2011 Discover Bank,Member FDIC TL23H.0211 11DCM0_02BOK_TL23H0211_00083.indd 1-2 1/11/11 9:52 AM EXHIBIT CARDMEMBER AGREEMENT Please read this Agreement carefully before using your Discover®Card Account.It contains the terms and conditions of your Account some of which may have changed from earlier materials provided to you.In the event of any differences,this Agreement shall control.We respect your privacy.See the Privacy section on page 10 and our Privacy Policy for additional information.The Arbitration of Disputes section on page 12 includes a waiver of a number of rights,including the right to a jury trial. The Right to Reject Arbitration section on page 13 describes the procedure you must follow if you desire to reject the Arbitration of Disputes section. DEFINITIONS....................................................2 USING YOUR ACCOUNT...........................................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 MAKINGPAYMENTS..............................................4 Promise to Pay................................................4 Monthly Billing Statement......................................5 Monthly Payment Options......................................§� Automatic Billing Arrangements................................5 How We Apply Payments.......................................5 Minimum Monthly Payment....................................6 Skip-A-Payment Offers ....................................... 6 Credit Balances...............................................6' Pay-By-Phone.................................................6 INTEREST CHARGES...............................................6 How We Calculate Interest Charges..............................6 Balance Subject to Interest Rate.................................7 Paying Interest ...............................................7 Annual Percentage Rates.......................................7 Variable Interest Rates.........................................7 PenaltyAPR..................................................8 FEES............................................................8 Cash Advance Fee.............................................8 Balance Transfer Fee...........................................8 Foreign Currency Fee..........................................9 Minimum Interest Charge......................................9 AnnualFee...................................................9 LateFee.....................................................9 Returned Payment Fee.........................................9 Returned Discover Card Check Fee...............................9 ResearchFee.................................................9 DEFAULT AND CANCELLATION.....................................9 1 1!11/11 9:52 AM 11DCM0_02BOK_TL23HO211_00083.indd 3.4 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 Reporting 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 Accountmay 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........................................12 loans to purchase,carry or trade in securities,to pay any amount you owe Right to Reject Arbitration..............................•••..•13 under this Agreement or for any transactions that are unlawful where you LEGAL INTERPRETATION OF THIS AGREEMENT.......................14 reside or where you are physically located when you use the Account to Severability................ .................................14 • initiate the transaction("Prohibited Transactions"). Compliance with Interest Rate Limitations.......................14 Governing Law..............................................14 Purchases and Cash Advances in Foreign Cwill be c If you make a purchase ASSIGNMENT OF ACCOUNT.......................................14 or cash advance in n foreign currency,it will be converted to hed dollars DEFINITIONS using either agovernment-mandated rate,agovernment-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 Currency Transaction Date eeas shown o maderinour sta foreign currency charge r described Foreign Account or a Card,whether you notify us or not. ry purchase "Card"means any one or more Discover Cards issued to you or someone the Foreign Currency Fee section on page k 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 opportunity to make balance transfers from other creditors or to make Card. "You,""your"or"yours"refer to,in addition to you,the Cardmember,any other transactions to your Account by means of balance transfer coupons or checks. The standard purchase rate applies t other person or persons who are also contractually liable under this balance transfers. Agreement. However,we may periodically offer you promotional rates on balance A 9 transfers for the time period specified in the offer,subject to the Penalty USING YOUR ACCOUNT 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 12.You may,however,reject the a Balance Transfer Fee as indicated in the Balance Transfer Fee section. Arbitration of Disputes section as explained on page 13. 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 of a Card,you must notify us and lottery tickets,racetrack wagers,vouchers redeemable for cash or for destroy any Card in that person's possession. You can notify us by casino chips, money orders,traveler's checks, savings bonds, foreign telephoning 1.800-DISCOVER(1-800.347-2683),or by writing Discover,PO z- 3- 11DCMO-02BOK_TL23H0211-00083.indd 5-6 1/11/11 9S2AM Box 30943,Salt Lake City,UT 84130-0943.None of your rights under this to use your Account or a Card,even if you do not notify us that others are Agreement(other than to pay amounts owed)may be exercised by any using your Account or a Card.If you pay us in other than U.S.dollars,we person not a party to this Agreement acting pursuant to a power of may refuse to accept the payment or charge your Account our cost to attorney,without our separate written agreement(which we are not convert your payment to U.S.dollars.All checks must be drawn on funds on obligated to give). deposit in the U.S.You may not use a cash advance check,balance transfer Unauthorized Use.Prior to its use,each Card must be signed by the person check or coupon,or any other promotional check drawn on any Discover Bank credit card account to make payments on your Account.H your is using your Accounn to whom it is issued.If Card lost stolen, if you think that someone Account is a joint Account,each of you agrees to be liable individually and Account or a Cardd withoutt your permission, notify oin 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 a ens in full"or with any other restrictive endorsement without losing 84130-0943.You agree to assist us in determining the facts relating to any theft or possible unauthorized use of your Account or a Card and to comply any of our rights under this Agreement with such procedures as we may require in connection with our Monthly Billing Statement We will send you a billing statement after each investigation. monthly billing period in which you have a debit or credit balance,unless Your Credit Lines.We will advise you of your Account credit line.We may we waive our right to do so as permitted bylaw.The billing statement will impose a lower line that will apply to cash advances,referred to as the cash show the purchases,cash advances,balance transfers,Interest Charges and advance credit line.We may also impose a lower line that will apply to other charges or fees and the payments or other credits posted to your balance transfers,referred to as the balance transfer credit line.You agree Account during the billing period.It will show your New Balance,Payment not to allow your unpaid balance,including Interest Charges and fees,to Due Date and Minimum Payment Due as of the end of the billing period.If exceed your Account credit line.If you exceed your Account credit line,we your prior month's payment is returned unpaid,your required Minimum may request immediate payment of the amount by which you exceed your Payment Due may be higher than shown on your billing statement See the Account credit line. Minimum Monthly Payment section on page 5. We may increase or decrease your Account credit line,your cash advance Monthly Payment Options.You may at any time pay the entire New credit line or your balance transfer credit line without notice.The credit Balance shown on your billing statement,but each month you must pay at least the Minimum Payment Due as described in the Minimum Monthly available for your use may,from time to time,va less than your Account Payment section.All payments must be made in accordance with the terms credit line.For purposes of determining your availablereducing credit your unpaidreserve stated on yotf monthly billing statement,as well as the payment cut-off the right y postpone for a to 15 business days r ceive. your unpaid time stated in this section,and we will credit your Account in accordance balances by the amount of any payment that y 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 From time to time,we may,to the extent permitted by law,change any local time will.be credited as of the next day. tern of this Agreement,including,but not limited to,any interest rate,fee Automatic Billing Arrangements.If your Account number and/or Card or method of computing any balance upon which the interest rate is expiration date changes and our records indicate you have automatic assessed,or add or delete any tern to this Agreement We will give you billing established with a merchant,we will attempt to provide your new notice of the change in the time and manner required by law,which Account information to that merchant.To ensure uninterrupted billing,we includes 45-days advance written notice in some circumstances. In recommend that you verify the merchant has your new Account addition,to the extent required by law,we will offer you the opportunity information.You must contact the merchant directly if you do not wish to to reject a change.For example,law requires,with certain exceptions,that continue the automatic billing arrangement 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, will dose your u can an t and you will no longer be able to use billing period,to the extent your payments exceed the Minimum Payment it for furtheerr transactions.You cthen 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 re benefit offered in connection with your Account We will notify you as transaction category(as referenced in the INTEREST CHARGES section), required by law or by the terms of the product service or benefit from highest to lowest,beginning with the balance subject to the highest MAKING PAYMENTS APR as of the date we credit your payment For promotional balances with Promise to Pay.You agree to pay us in U.S.dollars for all purchases,cash the same APR,we will apply payments to the promotional balance with the advances and balance transfers including applicable Interest Charges and longest remaining duration before promotional balances with shorter other charges or fees,incurred by you or anyone you authorize or permit remaining durations. -4_ -5- 1/11/11 9S2 AM 11DCM0_02B0K_nMH0211 00083Andd 7-8 Minimum Monthly Payment The Minimum Payment Due for a billing When we calculate daily balances,we add a new transaction as of the period will be the greater of: Transaction Date shown on your billing statement,unless the transaction is •the New Balance shown on your billing statement for that billing period posted to your Account after the close of the billing period in which it if it is less than$15; occurs,in which case the transaction will be added to the daily balance as of the first day of the billing period in which it is posted to your Account. •$15 if the New Balance is$15 or more;or All fees charged to your Account are added to the standard purchase •any past due amount plus the greater of: transaction category with the exception of Cash Advance Fees which are •2%of the New Balance(excluding current Interest Charges and Late added t Fees who the ich are added to the applicable balance trle cash advance transaction ansfer Balance ction Fees)rounded up to the nearest dollar or •current Interest Charges plus Late Fees plus$15(not to exceed 3%of category. the New Balance)rounded up to the nearest dollar. Balance Subject to Interest Rate.Your statement shows a Balance Subjectto We may also include some or all the amount by which you exceed your Interest Rate. It shows this for each transaction category.The Balance Account credit line.We may subtract certain fees to calculate the Minimum Subjectto Interest Rate shown on your statement is the average of the daily Payment Due.The Minimum Payment Due will never exceed the New balances during the billing period. Balance. Paying Interest.We begin to impose Interest Charges on all transactions Skip-A-Payment Offers.We may from time to time allow you to not make and fees from the Transaction Date shown on your billing statementfor the a Minimum Payment Due and will notify you when this option is available. transaction or fee.However, if a transaction or fee is posted to your If you take advantage of this offer and do not make a Minimum Payment Account after the close of the billing period in which it occurs,we begin to Due,Interest Charges and any applicable fees will accrue on your Account impose Interest Charges on that transaction or fee from the first day of the in accordance with this Agreement and you must pay the Minimum billing period in which it is posted to your Account.We begin to impose Payment Due for the following billing periods. Interest Charges on Interest Charges from the date they are added to your Account.We continue to impose Interest Charges on all transactions,fees Credit Balances.We will refund any credit balance within seven business and Interest Charges until you pay the total amount you owe us.Your due days from receipt of your written request.If you do not request a refund, date will be at least 25 days after the close of each billing period except that we will automatically refund credit balances greater than$1 that remain in it will be at least 23 days after the close of each billing period that begins your Account after 6 months. in February.If you paid the New Balance on your previous billing statement Pay-By-Phone.We may from time to time allow you to make payments by by the Payment Due Date shown on that billing statement,we will not authorizing us over the telephone to transfer or pay funds from a deposit impose Interest Charges on new purchases,that is purchases first appearing account to your Account.We will not charge you a Pay-By-Phone Fee. on the current billing statement,or any portion of a new purchase,paid by INTEREST CHARGES the Payment Due Date on your current billing statement.We call this the How We Calculate Interest Charges—Daily Balance Method(including "grace period."There is no grace period on balance transfers or cash current transactions):We figure Interest Charges for each billing period.To advances.As more fully described in the section titled"How We Apply do this: for us and,to the extent your payments exceed the Minimum Payment Due Payments,"we apply payments in a manner most favorable or convenient d this: calculate your Interest Charges separately for each balance subject to shown on your current billing statement we will apply such excess amounts different terms(for example,standard purchases,standard cash advances and each purchase,balance transfer and cash advance balance subject to generally in order the APR applicable to the balance of each transaction category(as referenced in the INTEREST CHARGES section),from highest to promotional terms).We refer to these balances as transaction categories. lowest,beginning with the balance subject to the highest APR as of the •We figure the"daily balance"for each transaction category.To get the date we credit your payment.This means that if you do not pay your "daily balance"we take the beginning balance for each day,add any new balance in full each month,then,depending on the balance to which we transactions and fees and any Interest Charges accrued on the previous allocate your payment,you may not be able to get a grace period on new day's daily balance.We then subtract any credits and payments and make purchases. other adjustments(including those adjustments required in the section Annual Percentage Rates.The daily periodic rate and corresponding APR titled Paying Interest).In calculating the daily balance for the first day of that apply to each transaction category are set forth in your Pricing the billing period,we consider the"previous day's daily balance"to have Schedule.The daily periodic rate is 11365th of the corresponding APR. been your balance on the last day of your previous billing period.This Variable Interest Rates.One or more daily periodic rates and corresponding gives us the daily balance for each transaction category. We figure the Interest Charges on your Account by multiplying the daily APRs that apply to a transaction category may be variable rates as set forth balance for each transaction category by its daily periodic rate,for each V your APRs a Schedule a in any special offers you receive from us. Variable APRs are determined by adding a specified number of percentage day in the billing period. points to the Prime Rate.This is shown on the Pricing Schedule as"Prime+ •The total Interest Charges for the billing period are the sum of the daily (percentage points)."For purposes of this Agreement,the Prime Rate is the Interest Charges for each transaction category for each day during that billing period. 11DCMD_0zaoK_TL23H0211_00083.indd 9-10 1/11/11 9:52AM highest rate of interest listed as the"prime rate"in the Money Rates balance transfer with a minimum Balance Transfer Fee of$10 and no section of The Wall Street lounnal on the last business day of the month. maximum. The Prime Rate is merely a pricing index and does not represent the lowest Foreign Currency Fee.We will charge you a Foreign Currency Fee of 2%of or best interest rate available to a borrower at any bank at any given time. the U.S.dollar amount of each purchase made in a foreign currency. If you have a variable rate,your APR will increase or decrease when the Minimum Interest Charge.We will charge you a minimum Interest Charge Prime Rate changes.This change will be effective beginning with the first of$50 for any billing period in which Interest Charges of less than$.50 day of the billing period that begins during the same calendar month as the would otherwise be imposed. change in the Prime Rate.An increase in the APR may increase your Annual Fee.If your Pricing Schedule accompanying your Card includes an Minimum Payment Due. Annual Fee,we will charge you an Annual Fee in the amount indicated.We Penalty APR.Each time that you do not make the Minimum Payment Due will charge you this fee when we open your Account and at the beginning by the Payment Due Date we may,in accordance with applicable law: of each anniversary year your Account is open.The Annual Fee is not (i)terminate the availability of any promotional APRs on new purchases refundable,except as provided by law. and balance transfers;and Late Fee.We will charge you a Late Fee if you have failed,as of the Payment (ii)increase your APRs for new purchases and balance transfers to variable Due Date,to make the Minimum Payment Due that was required to be paid Penalty APRs. for that billing period.The amount of the Late Fee is$25,except the Each new variable Penalty APR for a new purchase or balance transfer is amount of any subsequent Late Fee assessed during the next six billing determined by adding up to 5 additional percentage points to the periods after a Late Fee is assessed is$35.The Late Fee will never exceed the otherwise applicable APR and will vary based on any changes in the Prime Minimum Payment Due that was due immediately prior to the date on Rate.(For example,if the promotional purchase rate was 2.99%and the which the Late Fee was assessed and will never exceed the amount rate for other purchases was 15.99%and you paid late once,the rate for all permitted by law. new purchases could increase up to 20.99%variable and vary thereafter Returned Payment Fee.We will charge you a Returned Payment Fee any with the Prime Rate.)When we first determine the variable Penalty APRs, time you pay us with a check or other instrument that is returned unpaid. we use the Prime Rate effective for the billing period in which you pay late. This fee will also apply if a debit transaction to a deposit account from The variable Penalty APRs are determined in accordance with the Variable which you have authorized us in writing,electronically or orally,to deduct Interest Rates section.We will baseyourPenaRyAPRonyour creditworthiness all or a part of an amount you owe us under this Agreement is returned and other factors such as your current qRs and your Account history.If we unpaid.We will charge you this fee the first time any payment is returned increase any of your APRs to a Penalty APR,we will send you a notice,in unpaid,even if it is paid upon resubmission.The amount of the fee is$25, accordance with applicable law,advising of(i)the date the new Penalty except the amount of any subsequent 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. a fee if you request copies in connection with a billing error. FEES DEFAULT AND CANCELLATION Cash Advance Fee.Unless otherwise specified in a cash advance offer,we Types of Default.You are in default if you become insolvent;if you file will charge you a Cash Advance Fee in the amount indicated on your Pricing a bankruptcy petition or have one filed against you; if we have a Schedule.All forms of cash advances,including the use of Discover Card reasonable belief that you are unable or unwilling to repay your checks,regardless of the purpose for which used,are subject to a Cash obligations to us;if you are declared incompetent by a court or if a court Advance Fee. appoints a guardian for you ora conservator for your assets;if you die; Balance Transfer Fee.Unless otherwise specified in a balance transfer offer, if you fail to comply with the terms of this Agreement,including failing we will chargeyou a Balance Transfer Fee of 5%of the amount of each new g_ -9- 11DCM0_02BOK_TL23H0211_00083.indd 11-12 1/11/11 9:52 AM to make a required payment when due,exceeding your Account credit and calls to your cell phone to contact you about your Account or to line or using your Card or Account for a Prohibited transaction;or if you offer you products or services that may be of value to you.If you prefer fail to make a required payment when due on any other account you not to be contacted in one or more of these ways,you must either have with us. telephone us at 1-800-DISCOVER (1-800-347-2683) or write to us at Consequences of Default If you are in default,we may declare the Discover,PO Box 30961,Salt Lake City,UT 84130-0961. entire balance of your Account immediately due and payable without Releasing Information About Your Account We provide various methods notice. If we refer the collection of your Account to an attorney or by which you can obtain information about your Account.We will only employ an attorney to represent us with regard to recovery of money release such information to you,any Authorized User that our records that you owe us,we may charge you reasonable attorneys'fees and indicate is an authorized buyer on your Account,and any other person with court or other collection costs as permitted by law and as actually your prior permission,in addition to as provided in our Privacy Policy or as incurred by us,including fees and costs in connection with any appeal. required by law.Our security measures cannot insure against unauthorized We may delay enforcing or not enforce any of our rights under this inquiries.You agree that we will not be responsible for the release of Agreement without losing or waiving any of them. information to anyone who, even if without your authorization or Cancellation.You may cancel your Account by notifying us in writing or permission,has gained possession of a Card or has learned other identifying by telephone and returning or destroying every Card and unused check characteristics about you such as your personal identification number, that we have provided you. You can notify us by telephoning Account number or social security number. 1.800-DISCOVER(1-800-347-2683),or by writing Discover,PO Box 30943, Electronic Notices to You.We may offer you the opportunity to receive Salt Lake City,UT 84130-0943.Of course,you will still be responsible to certain notices from us electronically rather than through the mail, pay any amount you owe us according to the terms of this Agreement. including monthly billing statements and change of terms notices.The If your Account is a joint Account,either Cardmember may cancel the terms and conditions for receiving these electronic communications will be Account,but you will both remain responsible to pay any amount owed described in the offer. to us according to the terms of this Agreement.We may cancel or Notices—Changes to Your Information.If you change your e-mail address, suspend your Account at any time without notice.We may choose not to mailing address or telephone number you must notify us of your new renew your Account(beyond the expiration date shown on the face of a address or telephone number within 15 days. You can notify us by Card)without notice.You must return any Card or unused checks to us telephoning 1-800-DISCOVER(1-800-347.2683)or by writing Discover,PO upon request. Box 30943,Salt Lake City,UT 84130-0943.If your Account is a joint Account, e PRIVACY AND OUR COMMUNICATIONS WITH YOU any notice we mail to an address you have provided for the Account will Our Privacy Policy. We may from time to time review your credit, serve as notice to both Cardmembers. employment and income records.We respect the privacy of information CLAIMS AND DISPUTES about you and your Account.Our Privacy Policy includes a summary of Merchant Disputes.We are not responsible for the refusal of anyone to the personal information we collect,when it may be shared with others, accept or honor a Card or to accept checks that we have provided you.If a how we safeguard the confidentiality and security of information and merchant fails to provide your purchase to your satisfaction and you the steps you may take to limit our sharing of such information with request a credit to your Account,we will investigate the dispute.If we others. Please read it carefully as it is part of your Cardmember resolve the dispute in your favor,we will issue a credit to your Account and Agreement. you will be deemed to have assigned to us your claim against the merchant Reporting to Credit Reporting Agencies.As indicated in our Privacy and/or any third party for the credited amount.Upon our request,you Policy,we may report to credit reporting agencies and other creditors agree to provide us with written evidence of such assignment. the status and payment history of your Account, including negative Claim Notices.In the event that you or we have a claim that arises from or credit information.Late payments,missed payments or other defaults on relates to your Account any prior account you had with us, your your Account may be reflected in your credit report.We normally report application, the relationships which result from your Account or the to such credit reporting agencies each month.If you believe that our enforceability of the Agreement or any prior agreement,before initiating, report of your Account status is inaccurate or incomplete,please write us joining or participating in any judicial or arbitration proceeding,as either at the following address:Discover,PO Box 15316,Wilmington,DE 19850- an individual litigant or member of a class("Proceeding"),the complaining 5316.Please include your name,address,home telephone number and party shall give the other party:(1)a written notice of the claim("Claim Account number. Notice"),at least 15 days before initiating any Proceeding,explaining in Our Communications with You.You agree that our personnel may listen reasonable detail the nature of the claim and any supporting facts;and(2) to or record telephone calls between you and our representatives a reasonable good faith opportunity to resolve the claim without the without additional notice to you,including but not limited to calls we necessity of a Proceeding.This includes any claims involving our parent make to collect debts.We may use any medium permitted by law, corporation, subsidiaries, affiliates (including, without limitation, DFS including but not limited to mail, live telephone calls, automated Services LLC), predecessors, successors, assigns, as well as the officers, telephone equipment,prerecorded telephone calls,e-mail,text messages directors and employees of each of these entities.Any Claim Notice shall be _10_ 11- 11DCM0_02B0K_TL23H0211_00083.indd 13-14 1111/11 9:52AM sent to us at Discover,PO Box 3024,New Albany,OH 43054(or such other entitled to recover your arbitration filing,administrative and hearing fees, address as we shall subsequently provide to you) (the "Claim Notice reasonable attorneys'fees and/or other arbitration costs, we will be Address")or to you at your address appearing in our records or,if you are responsible for paying or reimbursing such costs and fees if awarded by represented by counsel,to your attorney at your attorney's office. the arbitrator. Arbitration of Disputes.Agreement to arbitrate.In the event of any past Fees and Costs.At your written request,we will advance any arbitration present or future claim or dispute(whether based upon contract,tort, filing,administrative and hearing fees which you would be required to statute, common law or equity) between you and us arising from or pay to pursue a claim or dispute as a result of our electing to arbitrate that relating to your Account,any prior account you have had with us,your claim or dispute.Send requests to Discover,PO Box 30421,Salt Lake City, application, the relationships which result from your Account or the UT 84130-0421. The arbitrator will decide who will ultimately be enforceability or scope of this arbitration provision,of the Agreement or of responsible for paying those fees.You will only be responsible for paying any prior agreement,you or we may elect to resolve the claim or dispute by or reimbursing our arbitration filing,administrative or hearing fees to the binding arbitration.IF EITHER YOU OR WE ELECT ARBITRATION,NEITHER extent you would have been responsible for paying"attorneys'fees and YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT court or other collection costs"had the action proceeded in court.In no OR TO HAVE A JURY TRIAL ON THAT CLAIM.PRE-HEARING DISCOVERY event will you be required to pay any fees or costs incurred by us in RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED.NEITHER connection with an arbitration proceeding where such a payment or YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN reimbursement is prohibited by applicable law. ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WITH RESPECT TO Hearings and Decisions.Any arbitration hearing will take place in the OTHER ACCOUNTS,OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS federal judicial district where you reside. The arbitrator shall follow A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY applicable substantive law to the extent consistent with the FAA and GENERAL CAPACITY("Class Action Waiver"). applicable statutes of limitations and shall honor claims of privilege Notwithstanding anything else to the contrary in this arbitration provision, recognized at law and shall be authorized to award all remedies only a court,and not an arbitrator,shall determine the validity and effect permitted by the substantive laws that would apply if the action were of the Class Action Waiver.Even if all parties have opted to litigate a claim pending in court.If requested by any party,the arbitrator shall write an in court,you or we may elect arbitration with respect to any claim made opinion containing the reasons for the award.The arbitrator's decision by a new party or any new claims later asserted in that lawsuit and will be final and binding except for any appeal rights under the FAA and nothing undertaken therein shall constitute a waiver of any rights under except that ifthe amount in controversy exceeds$100,000,any party may this arbitration provision.We will not invoke our right to arbitrate an appeal the award within 30 days to a three-arbitrator panel,which shall individual claim you bring in small claims court or your state's equivalent review the award de novo.Unless applicable law provides otherwise,the court,if any,unless such action is transferred,removed or appealed to a appealing party will pay the cost of the appeal,regardless of its outcome. different court. However,we will consider in good faith any reasonable request for us to Governing Lawand Rules.Your Account involves interstate commerce and bear the fees charged by the arbitration administrator and the arbitrators this provision shall be governed by the Federal Arbitration Act(FAA).The in connection with the appeal. Judgment upon any award by the arbitration shall be conducted, at the option of whoever files the arbitrator may be enforced in any court having jurisdiction. arbitration claim,by either the American Arbitration Association(AAA)or Other Beneficiaries of this Provision.Our rights and obligations under this JAMS in accordance with their procedures in effect when the claim is filed. arbitration provision shall inure to the benefit of and be binding upon our For a copy of their procedures,to file a claim or for other information, parent corporations,subsidiaries,affiliates(including,without limitation, contact AAA at 335 Madison Ave.,Floor 10,New York,NY 10017-5905, DFS Services LLC),predecessors,successors,assigns,as well as the officers, www.adr.org(phone 1-800-778-7879)or JAMS at 620 Eighth Ave.,Floor directors and employees of each of these entities,and will also inure to 34,New York,NY 10018,www.jamsadreom(phone 1-800.352-5267).No the benefit of any third party named as a co-defendant with us or with other arbitration forum will be permitted,except as agreed to pursuantto any of the foregoing in a claim which is subject to this arbitration either the Changes to this Agreement section or a writing signed by both provision.Your rights and obligations under this arbitration provision shall parties. If neither AAA nor JAMS is able or willing to serve as the inure to the benefit of and be binding upon all persons contractually arbitration administrator and we and you are unable to agree on a liable under this Agreement and all Authorized Users of the Account. replacement administrator or arbitrator, then a court of competent Survival of this Provision. This arbitration provision shall survive jurisdiction will appoint an administrator or arbitrator or arbitrators(in termination of your Account as well as voluntary payment in full by you, the case of an appeal to a panel of three arbitrators as described below). any legal proceedings by us to collect a debt owed by you,any bankruptcy Unless consented to by all parties,no arbitration may be administered by by you and any sale by us of your Account any administrator or arbitrated by any arbitrator that has any formal or Right to Reject Arbitration.You may reject the Arbitration of Disputes informal policy,rule or procedure that is inconsistent with or purports to section by providing us a notice of rejection within 30 days after receiving override the terms of this section.If we elect to resolve a claim or dispute a Card,at the following address:Discover,PO Box 30938,Salt Lake City, by binding arbitration and the arbitrator issues an award in your favor on LIT 84130.0938.If you were previously subject to arbitration with respect a claim or claims with respect to which you would not otherwise be -12- -13- 11DCM0_02BOK-TL23H0211 00083.indd 15.16 1/11/11 9:52AM to any account with us,this right to reject arbitration will not apply to you. In your letter,give us the following information: Your rejection notice must include your name,address,telephone number, •Account information:Your name and account number. Account number and signature and must not be sent with any other .Dollar amount:The dollar amount of the suspected error. correspondence.Calling us to indicate that you reject the Arbitration of Disputes section or sending a rejection notice in a manner or format that •Description of problem:If you think there is an error on your bill,describe does not comply with all applicable requirements is insufficient notice.In what you believe is wrong and why you believe it is a mistake. order to process your notice,we require that the notice be provided by You must contact us: you directly and not through a third party.Rejection of arbitration will not •Within 60 days after the error appeared on your statement. affect your other rights or responsibilities under this Agreement or your .At least 3 business days before an automated payment is scheduled,ifyou 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 you do we are not required to investigate any potential errors and you may have previously sent a rejection notice with respect to that prior account. have to pay the amount in question. LEGAL INTERPRETATION OF THIS AGREEMENT What Will 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 -The charge in question may remain on your statement,and we may under this Agreement would exceed the maximum lawful amount,the continue to charge you interest on that amount. Interest Charges and other charges will be reduced to the maximum •While you do not have to pay the amount in question,you are responsible lawful amount.Any excess amount that you have already paid will be used for the remainder of your balance. to reduce the outstanding balance of your Account or will be refunded to •We can apply any unpaid amount against your credit limit. you by means of a check in our discretion. After we finish our investigation,one of two things will happen: Governing Law.This Agreement and any claim or dispute arising out of •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 statement of the amount you owe and the date payment is due.We may without notice to you.You may not sell,assign or transfer your Account then report you as delinquent if you do not pay the amount we think you without first obtaining our prior written consent. owe. If you receive our explanation but still believe your bill is wrong,you must write to us within 10 days telling us that you still refuse to pay.If you do so, Your Billing Rights: we cannot report you as delinquent without also reporting that you are questioning your bill.We must tell you the name of anyone to whom we Keep This Document For Future Use reported you as delinquent,and we must let those organizations know This notice tells you about your rights and our responsibilities under the when the matter has been settled between us. Fair Credit Billing 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 remaining amount due on the purchase. -14- -15- 11DCM0_0280K-TL23H0211_00083.indd 17.18 1/11/11 9:52AM i To use this,right,all of the following must be true: maximum limit of insurance will be divided proportionally among the 1.The purchase must have been made in your home state or within 100 Insured Persons,based on each applicable Benefit Amount.In the event miles of your current mailing address,and the purchase price must have of multiple Accidental deaths per Account arising from any one been more than $50. (Note: Neither of these are necessary if your Accident,the Company's liability for all such Losses will be limited to a purchase was based on an advertisement we mailed to you,or if we own maximum limit of insurance equal to two times the applicable Benefit the company that sold you the goods or services.) Amount for Loss of Life.Benefits will be proportionately divided among 2.You must have used your credit card for the purchase.Purchases made the Insured Persons up to the maximum limit of insurance. with cash advances from an ATM or with a check that accesses your credit DEFINITIONS: card account do not qualify. Accident or Accidental means a sudden, unforeseen and unexpected 3.You must not yet have fully paid for the purchase. event happening by chance, and includes unavoidable exposure to If all of the criteria above are met and you are still dissatisfied with the elements arising from a covered Hazard. purchase,contact us in writing at Accidental Bodily Injury(ies)means bodily injury which is Accidental,is Discover the direct source of a Loss,is independent of disease,illness or other PO Box 30945 cause and occurs while this policy is in force. Sak Lake City,UT 84130.0945 Account means a Card account. While we investigate,the same rules apply to the disputed amount as Benefit Amount means the Loss amount at the time the entire cost of the discussed above.After we finish our investigation,we will tell you our passenger fare is charged to an Account. decision.At that point,if we think you owe an amount and you do not pay, Card means the Discover Card. we may report you as delinquent. Cardmember means the holder of the Card whose name appears on the credit card. Company means the Federal Insurance Company. DESCRIPTION OF COVERAGE Covered Trio means travel on a Scheduled Aircraft when the entire cost SCHEDULED AIR TRAVEL ACCIDENT INSURANCE of the passenger fare for such transportation, less redeemable Discover®Cardmembers are provided with$500,000 Scheduled Air Travel certificates, vouchers or coupons, has been charged to the Insured Accident Insurance.* You, your Spouse, Domestic Partner or eligible Person's Account. Dependent Children for whom a ticket was purchased on your Card(as Dependent Child or Children means those children,including adopted defined below)will be automatically insured against Accidental Loss of children and those children placed for adoption, who are primarily Life arising from and occurring on a Covered Trip while you,your Spouse, dependent upon the Insured Person for maintenance and support and Domestic Partner or eligible Dependent Children for whom a ticket was who are:(1)under the age of 19 and reside with the Insured Person;(2) purchased on your Card are riding as a passenger in or entering,exiting beyond the age of 19,permanently mentally or physically challenged or being struck by a Scheduled Aircraft or a conveyance operated by a and incapable of self support;or(3)under the age of 25 and classified as military transport service or riding as a passenger in or entering or full-time students at an institution of higher learning. exiting any conveyance licensed to carry the public for a fee and while Domestic Partner means a person who:(1)is at least 18 years of age and traveling directly to or from the airport immediately preceding the competent to enter into a contract;(2)is not related to the Insured departure of a Scheduled Aircraft on which the Insured Person has Person by blood;(3)has exclusively lived with the Insured Person for at purchased passage and immediately following the arrival of a Schedule least one year prior to the date of enrollment;(4)is not legally married Aircraft on which the Insured Person was a passenger. or separated;and(5)as of the date of enrollment,has with the Insured *Coverage is underwritten by Federal Insurance Company,a member Person at least two of the following financial arrangements:(a)a joint insurer of the Chubb Group of Insurance Companies.Certain limitations mortgage or lease;(b)a joint bank account;(c)jointtitle to or ownership and exclusions apply. of a motor vehicle or status as a joint lessee on a motor vehicle lease;or PLAN FEATURES (d)a joint credit card account with a financial institution.Neither the THE BENEFITS: The full Benefit Amount ($500,000) is payable for Insured Person nor the Domestic Partner can be married to,nor in a civil Accidental Loss of Life.The Loss must occur within one year of the union with,anyone else. Accident. Hazard means the covered circumstances for which this insurance is MAXIMUM LIMIT OF INSURANCE: If more than one Insured Person provided as stated in Section III of the Declarations, Hazards, and suffers a Loss in the same Accident,the Company will not pay more than described in the Hazards form,as described on page 1 of this Description the maximum limit of insurance ($20,000,000) per Accident. If an of Coverage. Accident results in Benefit Amounts becoming payable,which when Insured Person means all Cardmembers,their spouses,Domestic Partners totaled, exceed the applicable limit of insurance shown above, the and Dependent Children,as well as authorized users of the Account. -16- -17- 11DCM0_02BOILTL23H0211_00083.indd 19-20 1/11/11 9:52 AM i Loss means the Loss of Life. aircraft owned,leased or operated by an employee of the Policyholder Loss of Life means death, including clinical death determined by the on behalf of the Policyholder(this exclusion does nota pply to aircraft local governing medical authorities. chartered with pilot or crew on one time charter basis),(2)an accident Policyholder means DFS Services LLC, the entity responsible for the while an Insured Person is in,entering, or exiting any aircraft while payment of premium. acting or training as a pilot or crew member(this exclusion does not Scheduled Aircraft means an aircraft owned and/or operated by a apply to passengers who temporarily perform pilot or crew functions in Scheduled Airline. a life threatening emergency);(3)emotional trauma,mental or physical illness,disease,pregnancy,childbirth or miscarriage,bacterial or viral Scheduled Airline means an airline which is either of United States infection,or bodily malfunctions(except bacterial infection caused by an registry and certified by the United States government to carry Accident or from Accidental consumption of a substance contaminated passengers on a regularly scheduled basis or of foreign register and by bacteria);(4)suicide,attempted suicide or Loss that is intentionally approved by the United States government and the appropriate foreign self-inflicted;or(5)declared or undeclared War. authority. CLAIM NOTICE:Written claim notice must be given to the Company War means hostilities following a declaration of War by a government within 90 days after the occurrence of any Loss covered by this policy or authority.If there is no declaration of War,then(1)armed,open and as soon as reasonably possible.Failure to give notice within 90 days will continuous hostilities between two countries or(2)armed,open and not invalidate or reduce any otherwise valid claim if notice is given as continuous hostilities between two factions,each in control of territory, soon as reasonably possible. or claiming jurisdiction over the site of the area of hostility. CLAIM FORMS:When the Company receives notice of a claim,the DISAPPEARANCE BENEFITS:If the Insured Person has not been found Company will send you forms for giving proof of Loss to us within 15 within one year of the disappearance,stranding,sinking,wrecking or days.If you do not receive the forms,you should send the Company a breakdown of any Scheduled Aircraft or conveyance in which the written description of the Loss. Insured Person was covered as an occupant,it will be assumed,subject to CLAIM PROOF OF LOSS:Complete proof of Loss must be given to all other terms of the policy,that the Insured Person has suffered Loss of Life covered under this policy. Company within 90 days after the date of Loss,or as soon as reasonably EXPOSURE BENEFITS: Accident includes unavoidable ex osure to possible.Failure to give complete proof of Loss within these time frames elements arising from a covered Hazard. p will not invalidate any otherwise valid claim if notice is given as soon as reasonably possible and in no event later than one year after the ELIGIBILITY. This insurance plan is provided to Insured Persons deadline to submit complete proof of Loss. automatically when the entire cost of the passenger fare(s) on a CLAIM PAYMENT:The Company will pay you or your beneficiary the Scheduled Airline is charged to the Cardmember's Account while the applicable Benefit Amount within 60 days after complete proof of Loss insurance is effective.It is not necessary for you to notifythe Policyholder is received and if you,the Policyholder and/or the beneficiary have or the Company when Scheduled Airline tickets are purchased. complied with all the terms of the policy. EFFECTIVE DATES:Your insurance under this insurance plan is effective ARBITRATION:In the event of a dispute under this policy,either the on the later of:1)April 1,2007;or 2)the date you become an eligible Company or the Insured Person may make a written demand for Cardmember.Your insurance coverage under this insurance plan will arbitration.In that case,the Company and the Insured Person will each cease on the earlier of:(1)the date the insurance coverage isterminated; select an arbitrator.The two arbitrators will select a third.If they cannot or(2)the date you cease to be an eligible Cardmember. agree within 15 days,either the Company or the Insured Person may COST.This insurance plan is provided at no additional cost to eligible request that the choice of arbitrator be submitted to the American Insured Persons for Covered Trips.Policyholder pays the full cost of the Arbitration Association.The arbitration will be held in the state of the insurance. Insured Person's principal residence. THE BENEFICIARY:The Loss of Life benefit will be paid to the beneficiary IF YOU HAVE ANY CLAIM RELATED QUESTIONS, PLEASE CALL THE designated by you.If no such designation has been made,that benefit CLAIMS SERVICE CENTER AT 1-800-CLAIMS-0(1-800-252-4670). will be paid to the first surviving beneficiary in the following order:a) You can also go to the Company Web site(www.chubb.com),click on your spouse;b)your children;c)your parents d)your brothers and sisters, Report a Loss, select Accident, Benefits and Life claims, select the e)your estate.All other indemnities will be paid to you.If you wish to appropriate form,print out the claim form,fill out and mail.You can file change your beneficiary,you may request a beneficiary designation form a claim by mail or fax. by writing to the plan administrator at:The Direct Marketing Group, Inc.,13265 Bedford Avenue,Omaha,NE 68164 or at Beneficiaryrequest@ Mailing Address: CHUBB GROUP OF INSURANCE COMPANIES TheDirectMG.com. CLAIMS SERVICE CENTER EXCLUSIONS:This insurance plan does not cover Loss resulting from:(1) 600 INDEPENDENCE PARKWAY an Accident occurring while an Insured Person is in,entering,or exiting PO BOX 4700 CHESAPEAKE,VA 23327-4700 any aircraft owned, leased or operated by this Policyholder or any Y Fax Number. 1-800-300-2538 11DCM0_02B0K_TL23H0211_000a3.indd 21.22 1/11/11 9:52 AM i Asa handy reference guide,please read this and keep it in a safe place with charged or debited to your Account.It is not necessary for you to notify your other insurance documents.This description of coverage is not a the Company at the time the rental fee is charged or debited to your contract of insurance but is a summary of the principal provisions of the Account. insurance while in effect.Complete policy provisions are contained in the •You must decline the Loss/Damage Waiver offered by the vehicle Rental Master Policy,which can be obtained from the Policyholder: Policy#9906-18-06 Agency. Poli Underwritten B •You must rent the vehicle in your own name and sign the vehicle rental Policy Y Plan Administrator agreement/contract. Federal Insurance Company The Direct Marketing Group,Inc. •The coverage period will not exceed 31 consecutive days, or 45 a member insurer of the 13265 Bedford Avenue consecutive days if the Insured is an employee of an organization which Chubb Group of Insurance Companies Omaha,NE 68164 15 Mountain View Road,PO Box 1615 has provided a Card to the Insured for business use. Warren,NJ 07061.1651 THE KIND OF COVERAGE YOU RECEIVE: In consideration of the premium paid by the Policyholder as required,and subject to all the terms of the Policy,the Company agrees to reimburse on DESCRIPTION OF COVERAGE an Actual Cash Value basis either the Insured or the Rental Agency for repair or replacement of the Rented Automobile as a result of Collision SECONDARY RENTAL CAR COLLISION COVERAGE Damage to the Rented Automobile.The Company's liability will be for a Discover®Cardmembers can benefit from the security and safety offered maximum reimbursement of$25,000.In no event will the Company be through Excess Collision Damage Waiver. If you rent a vehicle for 31 liable beyond the amounts actually paid by the Insured or the Rental consecutive days or less(or 45 days under certain circumstances described Agency. below)with your Card(as defined below),you may be eligible for benefits •If you or an Insured's primary vehicle insurance or other coverage has under this coverage. Excess Collision Damage Waiver is an insurance made payments for a covered loss,Excess Collision Damage Waiver will program,underwritten by Federal Insurance Company Policy#9906-17-3 cover your deductible and any other eligible amounts not covered by (the"Policy"). other insurance. DEFINITIONS: •This coverage is not all-inclusive,which means it does not cover such Account means a Card account. things as personal injury or personal liability,tt does not cover you for any Actual Cash Value means the cost to repair or replace the Rented damages to other vehicles or property.tt does not cover you for any injury Automobile at the time of loss,less depreciation. to any party. Cardmember means the holder of the Card whose name appears on the WHO IS COVERED: credit card. •Discover Cardmembers Card means the Discover Card. EXCLUDED RENTAL VEHICLES: Collision Damage means the direct and accidental damage to a Rented Off-road,antique or limited edition motor vehicles;trucks;recreational Automobile caused by upset or collision with another object. Collision vehicles, campers, pickup trucks,and mini-buses; limited edition motor Damage does not include loss caused by missiles,falling objects,fire,theft vehicles or high value,exotic,high performance or collector type.High or larceny,explosion,earthquake,windstorm,hail,water,flood,malicious value motor vehicles are motor vehicles whose replacement value exceeds mischief or vandalism,riot or civil commotion. $50,000,and antique motor vehicles are defined as any vehicle over 25 years Comu�anv means the Federal Insurance Company. old,or any vehicle which has not been manufactured for 10 years or more. Insured means Cardmembers and authorized users of the Account WHERE YOU ARE COVERED: Poli older means DFS Services LLC,the entity responsible for the payment •Coverage applies to vehicles rented anywhere in the world. of premium. •Coverage is not available where prohibited by law. Rental Aaencv means a commercial automobile rental company licensed WHAT IS NOT COVERED: under the laws of the applicable jurisdiction. Coverage does not apply to loss resulting from the following: Rented Automobile means a four-wheeled private passenger type motor •Any dishonest,fraudulent or criminal act of the Insured. vehicle or a minivan manufactured and designed to transport a maximum •Forgery by the Insured. of seven passengers and used excursively to carry passengers.A Rented Automobile must be designed for travel on public roads and rented from •Loss due to war or confiscation by authorities. Rental Agency. •Loss due to nuclear reaction or radioactive contamination. TO GET COVERAGE: •The Insured being intoxicated,as defined by the laws of the jurisdiction •The Collision Damage Waiver Coverage is provided to you,as an Insured, where the loss occurred,or under the influence of any narcotic unless automatically when the entire rental fee for the Rented Automobile is prescribed by a physician. -20- -21- 11DCM0_02B0K_TL23H0211_000e3.indd 23-24 1/11/11 9:52 AM i •Use of the Rented Automobile to carry passengers and property for hire. •A copy of the automobile rental agreement. •Use of the Rented Automobile by a person other than the one authorized to operate the Rented Automobile bythe terms of the Rental Agreement. •A copy of the police report. •Loss of use of the Rented Automobile. •A copy of the initial claim report submitted to the automobile Rental •Intentional damage to the Rented Automobile by the Insured. Agency. • Damage which is due and confined to wear and tear,freezing,mechanical he Colliision Dof the amagaid e for im presented ch the Insulred stresponlsiblentalAgency for or electrical breakdown or failure. •Proof of submission of the loss to,and the results of any settlement or •Damage to tires unless the loss is coincident with a covered loss. denial by the applicable insurance carrier(s). •Use of the Rented Automobile in tests,races or contests. •If no other insurance is applicable,a notarized statement from the Insured •The Rented Automobile being operated or located in any territory to that effect. prohibited by the terms of the Rental Agreement. Reminder:Please refer to the Insurance Disclosures section. FOR INSUREDS WHO ARE NEW YORK STATE RESIDENTS: INSURANCE DISCLOSURES To the extent that this plan provides insurance against damage to a rented As a handy reference guide,please read this document and keep it in a safe motor vehicle,the following terms and conditions apply:(1)the period of place with your other insurance documents.This Summary of Coverage is insurance coverage will not exceed 31 consecutive days,or 45 consecutive not a contract of insurance but is simply an informative statement to days if the Insured is an employee of an organization which has provided eligible Insureds of the principal provisions of the insurance while in effect. the Card to the Insured for business use;and(2)the insurance provided by Complete provisions pertaining to this plan of insurance are contained in this plan will be excess over any other valid and collectible insurance the master policy on file with DFS Services LLC,herein referred to as the covering the Rented Automobile.However,the insurance provided under Policyholder.If a statement in this Summary of Coverage and any provision this plan may be primary if specifically provided for under the terms of this in the policy differ,the policy will govern. plan and if the following criteria is met:(a)the Rented Automobile is rented for use outside the United States,its territories and possessions; b Polity Underwritten By Plan Administrator the Insured is an employee of an organization which has prvided the Card Federal Insurance Company("Company") The Direct Marketing Group,Inc to the Insured for business use;and(c)the Rented Automobile is rented a member of the 13265 Bedford Avenue without a driver. Chubb Group of Insurance Companies Omaha,NE 68164 PO HOW TO FILE A CLAIM UNDER EXCESS COLLISION DAMAGE WAIVER: 15 MouWarren,N10706ain View 1 1651 x 1615 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(wwwchubb.com),click on any party.Policyholder and Company reserve the right to change the Report a Loss, select Accident, Benefits and Life claims, select the benefits and features of these programs at anytime. 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. 1-800300.2538 cancellation, or non-renewal,subject to the terms and conditions of CLAIM PROCEDURE: coverage. The Insured must send the Company written notice of a claim,including the Benefits to you:These benefits apply only to Cardmembers whose cards Insured's name and Policy number,within 90 days after a covered loss are issued by U.S.financial institutions.The United States is defined as occurs.If notice cannot be given within that time,it must be given as soon the 50 United States,the District of Columbia,American Samoa,Puerto as reasonably possible.To file a sworn Proof of Loss,the Insured must send Rico,Guam and the U.S.Virgin Islands.No person or entity other than the following information to the Companyor its authorized representative: for the Ca insurance pr shall have any legal damages equitable right,remedy,or claim •A copy of the Account statement showing the automobile rental cove age.These benefio out of this ts do not apply if your dCard privileges have been transaction. cancelled.However,insurance benefits will still apply for any benefit you -22- -23- 11DOM0_0280K_TL23H0211_00083.indd 25-26 1/11/11 9:52 AM i were eligible for prior to the date that your Account is suspended or cancelled subject to the terms and conditions of coverage of your GLOBAL TRAVELER'S HOTLINE TERMS AND CONDITIONS Cardmember Agreement. The Global Traveler's Hotline provides Cardmembers and their families a Transfer of rights or benefits:No rights or benefits provided under these wide range of free travel assistance benefits. It is operated by AXA consent of Assistance USA,Inc.Visit Discovercard.comftravel to learn more. insurance benefits may be assigned without the prior written the Company. Eligibility. You must be a Cardmember whose Account is in good Misrepresentation and Fraud:Coverage of the Insured will be void if,at standing,the Cardmember's spouse or dependent child traveling with any time,the Insured has concealed or misrepresented any material fact the Cardmember or an Authorized User of an Account in good standing. or circumstance concerning this coverage or the subject thereof or the Third-Party Charges.Global Traveler's Hotline is not insurance,so you interest of the Insured herein,or in case of any fraud or false swearing by will be responsible for all third-party fees and expenses for services the Insured relating thereto. requested,such as professional or medical fees. Coverage for an Insured will be void if,whether before or after a loss,the Availability of Services.Certain services may not be available in all areas. Policyholder or its subscribing organization(s) has concealed or Call us at 1.800-DISCOVER(1-800-347.2683)for assistance or if you have misrepresented any material fact or circumstance concerning this coverage questions about a specific destination.Outside the U.S.,call us collect at or the subject thereof or the interest of the Insured therein,or in case of 1-801-902-3100.While AXA Assistance will make every reasonable effort any fraud or false swearing by the Policyholder or its subscribing to provide the services,neither AXA Assistance nor Discover Bank or our organization(s)relating hereto. respective affiliates will be liable if a service is not provided or for any Addition of New Insureds: All eligible persons will be automatically services that are provided by third parties.The services and these terms insured under this Policy. and conditions are subject to change without notice. Examination Under Oath: It is a condition of this insurance that the Insured and the Policyholder,as often as may be reasonably required by the Company,will submit,and within its power cause others to submit,to examinations under oath and will produce for examination all writings, books of account,bills,invoices and other vouchers,or certified copies thereof if originals are lost,at such reasonable time and place as may be designated by the Company or its representative,and will permit extracts and copies thereof to be made. No such examination under oath, examination of documents or any other act of the Company,its employees or representatives in connection with the investigation of any loss or claim will be deemed a waiver of any defense and such acts shall be deemed to have been made or done without prejudice to the Companys liability. No Benefit to Others:This coverage will in no way inure directly or indirectly to the benefit of any insurer,person or organization or other bailee. Subrogation:It is a condition of this insurance that if the Company pays the Insured for a loss,it will require the Insured to assign and transfer any claim or right of action against any individual,firm or corporation for such loss to the Company or subrogate or hold in trust all such rights to the extent of the amount paid.The Insured will agree to take action as requested by the Company to enforce such rights.Upon payment by the Company to the Insured,the Insured agrees to direct enforcement of such rights as reasonably requested by the Company and to return to the Company any recovery to the extent payment of loss has been made by the Company. Arbitration:In the event of a dispute underthis policy,eitherthe Company or the Insured may make a written demand for arbitration.In that case, the Company and the Insured will each select an arbitrator.The two arbitrators will select a third.If they cannot agree within 15 days,either the Company or the Insured may request that the choice of arbitrator be submitted to the American Arbitration Association.The arbitration will be held in the state of the Insured's principal residence. -24- -25- 11DCM0_0230K_TL23H0211_00083.indd 27-28 1/11/11 9:52 AM Discover More Card Account number ending in 6766 Open Date:Jun 18,2014-Close Date:Jul 17,2014 Cardmember Since 1999 ACCOUNT SUMMARY PAYMENT INFORMATION Page 1 of FPoyments ce $3,657.71 New Balance Credits — $0.00 $3,766.29+ Minimum Payment Due* $522.00$0.00rs + $0.00 Payment Due Date August 12,2014 + $0.00 *Includes past due amount of: $433.00 Fees Charged + $35.00 Interest Charged + Late Payment Warning: If we do not receive your minimum payment by the $73.58 date listed above,you may have to pay a late fee of up to$35.00 and your New Balance $3,766.29 purchase and balance transfer APRs for new transactions may be increased up to See Interest Charge Calculation section following the the Penalty APR of 29.99%variable. Transactions section for detailed APR information Minimum Payment Warning:If you make only the minimum payment each Credit Line period,you will pay more in interest and it will take you longer to pay off your $3,200 balance.For example: Credit Line Available [[ p $0 ,y1r�V tnP1CC f10'�ad�lt7�f141 Clfa�.9�,5 �'�U�YJI17f a i °'afrf� '�` 1`"m.x a Ba �np �i 3 s Cash Advance Credit Line asmtseortfatd kY yep°gl ' upn $1,800 bu1anciown tfts a tt es x AU �� 'aa ,�d -S" ✓ rs � �,-g �� tltilal2t�,tot(��,;: Y w,El zz.h,. 16 ,,dam e n r,rs}g1@Alenf7 aCtiq. °Dff"2sw i s .: Cash Advance Credit Line Available $0 Only the minimum payment 32 ears � w � 15,761 Y $ You may be able to avoid interest on Purchases. See reverse for details. If you would like information about credit counseling services,call 1-800-347-1121. REWARDS Cashback Bonus® Anniversary Month G May Your FICO®Credit Score on 6/11/14. Opening Balance e. $ 0.00 More at Discover.com New Coshback Bonus This Period + $ Redeemed This Period 0.00 Please make check —$ 0.00 payable to Discover. You are overlimit. Cashback Bonus Balance 0.00 Pay the sum of the Minimum Payment Due plus the remaining To learn more,log in at Discover.com overlimit amount of$566.29. Make Check payable to Discover. Please fold on the perforation below,detach and return with your payment. NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION �'t3ymenlr Coy � , f 1eas�tfo �Tfs ' R ��aItAe ,{ r t r Account number ending in 6766 tt ,. : hx: � clip or6et� Jas�oVecotn8t� 4 �#i13 ` g Minimum Payment Due $522.00 i l�lillll llllllllilllll i�lllilll illlli��liilll llllil�lll 11 New Balance $3,766.29 BRANDON J MADARA Payment Due Date August 12,2014 ----------------------- 4302 ALLEN RD Amount enclosed $ CAMP HILL PA 1 701 1-6602 PO BOX 71084 CHARLOTTE NC 28272-1084 Phone and Internet payments must be received by 5PM ET to be credited as of the some day. Address,e-mail or telephone changed?Note changes on reverse side. 000001986458090397106037662901000000052200 EX11IBIT B BRANDON J MADARA Account number ending in 6766 Oen Date:Jun 18,2014-Close Date:Jul 17,2014 Loge 2 of 4 Important Information You must ensure that sufficient funds are available in your bank account,and See your Cardmember Agreement.Your Cardmember Agreement all transactions must comply with U.S.law. contains all the terms of your Account. You can set automatic payments for: (i)statement New Balance,(ii)statement Lost or stolen cards.Report immediately)Call 1-800-347-2683. Minimum Payment Due,(iii)statement Minimum Payment Due plus a fixed What To Do If You Think You Find A Mistake On Your Statement dollar amount,or(iv)Other dollar amount. If your scheduled"Other dollar If you think there is an error on your statement,write to us at: Discover,PO amount"payment is not enough to cover the Minimum Payment Due as listed Box 30421,Solt Lake City,UT 84130-0421. You must write to us within 60 on your monthly billing statement,your scheduled payment for that month days after the error appeared on your statement. You may call us,but if you Will be increased to cover the Minimum Payment Due. If the scheduled do we are not required to investigate any potential errors,and you may have payment is greater than the Minimum Payment Due,any excess will be to pay the amount in question. The Billing Rights Notice further explains your applied in accordance with your Cardmember Agreement.If your scheduled rights. Please see your Cardmember Agreement or visit payment is greater than the New Balance on your billing statement,that haps://discover.com/billingrights for a copy of this notice. payment will be processed only for the amount of your New Balance.Your automatic payment amount may be less than the amount indicated on the Payments.You may pay all or part of your Account balance at any time. However,you must pay at least the Minimum Payment Due by the Payment billing statement based on credits or payments after the Close Date. Due Date.Send only your payment and the bottom portion of this statement If you enroll by phone in our automatic Payment service,please fill-in the in the enveloppe provided after affixing postage.Payments sent without proper following blanks below and retain the authorization for your records. postage will be returned to the sender.Do notsendcash. If you pay by checkelectronic ofund trraize us to nsfer from use information account at the your cialck t institution oke nrindicated Amount: Full Pay 0 Min Pay-[] y Min Pay+$ on your check or to process the payment as a check transaction.If a payment 11 Other Amount$ ; Bank Routing#: is processed as an electronic fund transfer,the transfer will be for the amount Bank Account# of the check.When we use information from your check to make an electronic fund transfer,funds maybe withdrawn fromyour account as soon Monthly on the 11 Payment Due D as the same day we receive Your payment,and you will not receive your afeClose Date check back from your financial institution. 0 Day of month(insert date) The processing of your payment may be delayed if you send cash,corres- Credit Reporting.We may report information about your Account to credit pondence or other items with your payments,if you send the payment to any bureaus.Late payments,missed payments,or other defaults on your Account other address,or if you use an envelope other than the one provided. may be reflected in your credit report.We normally report the status and Payments received in proper form at our processing facility by 5PM local time payment 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 you believe that our report is inaccurate or incomplete,please write us at this at our processing facility after 5PM local time will be credited to your Account address:Discover,PO Box 15316,Wilmington,DE 19850-5316.Please as of the next day. If you have misplaced your envelope,send your payment include your name,address,home telephone number and Account number. to Discover,PO Box 6103,Carol Stream,IL 60197.6103.Please allow 7.10 days for delivery.If your payment is returned unpaid,we reserve the right to Paying Interest.Your due date is at least 25 days after the close of each resubmit it as an electronic debit.Payments made online or by phone will be billing period (at least 23 days for billing periods that begin in February).We credited as of the day of receipt if made by 5 PM Eastern time. will not charge you any interest on Purchases if you pay your entire balance b 'he due interest on Cash You can pay your monthly Minimum Payment Due,or a greater amount that Advan es andtBalanc Trae each tnsfers s'lof the)latecharging te Transaction Date or the does not exceed your current Account balance,over the telephone or you can first day of the billing period in which the transaction posted to your Account. setup automatic payments through a customer service representative by calling 1-800-347-2683.Automatic payments for the billing period shown How We Calculate Interest Charges.We Use the Daily Balance Method on your statement will be deducted on the Payment Due Date shown on that (including current transactions)to calculate the Balance Subject to Interest sigtement,or the next automatic payment date referred to on your statement, Rate. For morE information,please call us at 1-800-347-2683. unless you request a recurring payment date(e.F.,the 151h day of the month) that occurs before on a your Payment Due Date or Close Date.If your scheduled Balance Sub'''ect to Interest Rate. Your statement shows a Balance Subject processed sed the business s day priordor bank to the weekend or banour k holiday.ment Inllbe to order to penoer to est Interest eRatevis the averfor age otransaction aibalagncces during the billin schedule month) Subject g y y Payments by telephone,you will need this statement and g your bank account information.You will be asked to provide the last four(4) Credit Balances. If your Account has a credit balance,the amount is shown digits of the social security number of the primary borrower. By providing on the front of your billing statement. A credit balance is money that is owed those numbers as your electronic signature,you will be agreeing to this to you. You may make charges against this amount if your Account is open. authorization to allow us and your bank to deduct each payment you We will send you a refund of any remaining balance of$1.00 or more after authorize,in the amount selected by you,from your bank account.You also 6 months,or as otherwise required by applicable law,or upon request made authorize us to initiate debit or credit entries to your bank account,as to the address in the Contact Us section on page 3 of your billing statement. applicable,to correct an error in the processing of such payment_You can cancel a scheduled payment by phone at 1-800-347-2683 orb mail at Discover,PO Box 30421,Salt Lake City,UT 84130-0421;however,we must Balance in Transfers. rest ae hes andardrpurchase rate unlesof we tellll you otherwise. receive notice at least three business days in advance of the scheduled payment.If your payments may vary in amount,we will tell you on each Discover may monitor and/or record telephone calls between monthly billing statement when your payment will be made and how much it Discover representatives for quality assurance purposes. You and will be. The Discover@ card is issued by Discover Bank,Member FDIC. TL23N CHANGE OF ADDRESS correct on front,do not use.Please print clearly in blue or black ink,in the space provided. FIf reet Address s Home Phone Work Phone City Email State,Zip To make changes to your address, email or telephone number, visit Discover.com Continued on next page Discover More Card Account number ending in 6766 Open Date:Jun 18,2014-Close Date:Jul 17,2014 Page 3 of 4 CONTACT US A Web Mobile Phone Access your � Manage our Inquiry 0 Mail Payments 9 Y O 1-800-DISCOVER Discover account securely account anytime, Discover Yt (1-800-347-2683) PO Box 30943 PO Box 6103 at Discover.com anywhere at TDD 1-800-347-7449 Salt Lake City tY Carol Stream UT 84130 IL 60197-6103 Transactions Trans.Date Post Date Fees Jul 12 Jul 12 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged INTEREST CHARGE ON PURCHASES INTEREST CHARGE ON CASH ADVANCES $ 59.33 INTEREST CHARGE ON BALANCE TRANSFERS 14.25 TOTAL INTEREST FOR THIS PERIOD 0.00 73.58 2014 Totals Year-to-Date TOTAL FEES CHARGED IN 2014 $ 245.00 TOTAL INTEREST CHARGED IN 2014 $ 478.32 Interest Charge Calculation Your Annual Percentage Rate(APR)is the annual interest rate on your account. Current Billing Period:30 days TYPE OF BALANCE ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO Purchases (APP4 INTEREST RATE INTEREST CHARGE 09/08/2010 and after 25.24% V $1,612.62 09/07/2010 and prior 21.24% V $33.45 28.99%Cash Advances $1,482.60 $45.88 $597.92 $14.25 V=Variable Rate Information For You For more information about how interest charges are calculated see your Cardmember Agreement or go to www.discover.com/inieresicharges FICO®Credit Score Terms The FICO®Credit Score we provide will never impact your credit score. Your FICO®Credit Score is based on data from TransUnion and may be different from other credit scores.This information is intended for and delivered to the Primary cardmembers only that have an available score and is available on the statement for individual accounts and on Discover.com for individual and joint accounts.Discover and other lenders may use different inputs like a FICOO Credit Score,other credit scores and more information in credit decisions. If you prefer not to receive your FICO®Credit Score on your statement,just call us at 1-800-DISCOVER(1-800-347-2683). Please give us two billing cycles to process your request.To learn more,visit Discover.com.This benefit may change or end in the future. FICO is a registered trademark of the Fair Isaac Corporation in the United States and other countries. Cash,Cashier's Check,and Money Order Payments Toward Your Discover Account Discontinued at Sears® Effective July 1,2014,Discover cardmembers will no longer be able to make payments to their Discover account with cash,cashier's checks or money orders at Sears locations.Cardmembers may still make payments towards their Discover account via personal check at Sears locations,online at www.discover.com, by mailing us a personal check,cashier's check or money order,calling us at 1-800-DISCOVER(1-800-347-2683),or by sending us a cash payment from any Western Union location.Please note,additional fees may be charged by Western Union or the business issuing your money order or cashier's check. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION BRANDON J MADARA Account number ending in 6766 Oen Dale:Jun 18,2014-Close Date:Jul 17,2014 Page 4 of 4 G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW DISCOVER BANK, Plaintiff vs. Civil Action No. � � <� BRANDON J MADARA Defendant(s) PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Enter my appearance on behalf of Plaintiff. C) _j .D-;i Papers may be served at the address set forth below C DATE: October 7, 2014 ZWICKER& f AS IA'ES-�Pc Attorneys for Plaintiff A Law Firm Engaged in Debt Collection Jonathan P. Cawley, Esq PA Bar Id No. 79884 500 Office Center Drive, Suite 400 Ft. Washington, PA 19034 877-297-1183 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY t. tL4tj*Or il.= cup - THE PRO T HOMO i TKE 2 I NOV -3 PM 3: 55 CUMBERLAND D CO NTY PENNSYLVANIA Discover Bank vs. Brandon J Madara Case Number 2014-5996 SHERIFF'S RETURN OF SERVICE 10/24/2014 04:03 PM - Deputy Jamie DiMartile, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Jill Madara, Wife, who accepted as "Adult Person in Charge" for Brandon J Madara at 4302 Allen Road, Lower Allen Township, Camp Hill, PA 17011. SHERIFF COST: $44.95 u,il) CParr\O� E DIMARTILE, DEPUTY SO ANSWERS, October 27, 2014 RON1 R ANDERSON, SHERIFF (c) CountySuito Sherif': Toieosoff, icc Zwicker & Associates, PC 500 Office Center Drive, Suite 400 Ft. Washington, PA 19034 877-297-1183 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK Plaintiff vs. Civil Action No . 2014-5996--A BRANDON J MADARA --- . Defendant(s), .----::-: STIPULATION IN LIEU OF JUDGMENT 4 _......... - _ IT IS HEREBY STIPULATED by and. between Plaintiff and Defendant, Brandon J Ma:SIga, .. 2. -.._, T..) ..."--. hereafter (Defendant), as follows: 1 Plaintiff filed suit against Defendant seeking damages of $3766.29 plus costs. Defendant consents to the jurisdiction of the Court 2. Defendant agrees to pay $2637.00 to resolve the suit payable as follows: a. $439.50. to be paid on or before October 30, 2014, November 28, 2014, December 30, 2014, January 30, 2015, February 27, 2015, and March 30, 2015. 3. All payments are to be made payable to Zwicker and Associates PC and sent to Zwicker & Associates PC, PO Box 9043, Andover, MA, 01810-9043. 4. In the event Defendant fails to make any payment required by this Stipulation and the default remains uncured after 10 days, Plaintiff shall be entitled to obtain Judgment against Defendant for the complaint amount, plus court costs as set for the in paragraph 1 above, less any sums paid and cleared pursuant to paragraph 2 above, upon ex parte application and Praecipe to the Prothonotary, with supporting certification, with notice to Defendant in the form of a copy of the application and Praecipe sent to Defendant by first class mail. 5. Within 30 days of timely payment in good funds of all sums due pursuant to paragraph 2, Plaintiff shall file a Notice of Settlement and Discontinuance with the Prothonotary. Brandon J Madara Defendant Date: /140. 1,i. 7' nathan P. Cawle , Id No 79884 Zwicker & Associates, PC Attorneys for Plaintiff Date: //-12----A11 V