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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
DISCOVER BANK NO. C)-S'- 33149
ISSUER OF THE DISCOVER CARD
3311 MILL MEADOW DRIVE
HILLIARD, OH 43026
PENNSYLVANIA
Plaintiff
VS
• CIVIL ACTION - LAW
DIANA L EDWARDS
303 NORMAN RD
CAMP HILL PA 17011-6129
Defendant(s)
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take action within (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by an attorney
and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so, the case may proceed
without you and a judgment may be entered against you by the Court without further
notice for any money claimed or any other claim or relief requested by the Plaintiff.
You may lose money or property rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET HELP. 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.
NOTICIA
Le han demandado a used en la corte. Si used quarere defenses de esas demandas
expuestas en las paginas, siguientes, used tiene viente (20) dias de plazo al partir
de la fecha de lademanda y la notifiation. Used debe presenter una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus
defensas o sus objeciones a last demandas en corta de su persona. Sea avisado que
si used no se defienda, la corte tomara medidas y psedido entrar una orden contra
used sin previo aviso o notificacion y por cualquier queja o alivio que es pedido
en la peticion de demanda. Used puede perder dinero o sus propledades o otros
derechos importantes para used.
LLEVE ESTA DEMANDA A UN ABODOAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE
EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA 0 LLAME POR TELEFONO A
LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASSITANCIA LEGAL.
Lawyer Referral Service
Cumberland County Bar Assn.
32 S. Bedford St.
Carlisle PA 17013
800-990-9108
CVRNOT/PARET W&A FILE NO. 119186760
41102
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DISCOVER BANK NO.
DS
-?3T Q
l.?U ?1 ??
ISSUER OF THE DISCOVER CARD
3311 MILL MEADOW DRIVE
HILLIARD, OH 43026
Plaintiff
VS
DIANA L EDWARDS
303 NORMAN RD
CAMP HILL PA 17011-6129
CIVIL ACTION - LAW
Defendant(s)
COMPLAINT
Now comes the Plaintiff, DISCOVER BANK , by and through its
attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and files this Complaint
and in support avers as follows:
1. Plaintiff, DISCOVER BANK
ISSUER OF THE DISCOVER CARD
3311 MILL MEADOW DRIVE
HILLIARD, OH 43026
is a business entity doing business within the Commonwealth of Pennsylvania and the
other states of the United States.
2. Defendant, DIANA L EDWARDS is an adult individual with
a last known address of
303 NORMAN RD
CAMP HILL PA 17011-6129
COUNTY OF CUMBERLAND
3. It is averred that Defendant(s) was/were issued an open end credit
card account. The Terms and Conditions governing this account is attached hereto,
incorporated herein and marked as Exhibit "A".
4. At all relevant times material hereto, Defendant(s) has/have used said
charge card for the purchase of products, goods and/or for obtaining services.
CCPWRI/PARET W&A FILE NO. 119186760
41106
5. Plaintiff provided Defendant(s) with copies of the Statements of Account
showing all debits and credits for transactions on the aforementioned credit card
account to which there was no bona fide objection by Defendant(s). A true and
correct copy of the Statement of Account is attached hereto, incorporated herein,
and marked as Exhibit "B".
6. As of the date of this Complaint, the remaining balance due, owing and
unpaid on Defendant's credit card account as a result of the charges made by said
Defendant(s) and/or any authorized users is the sum of $ 15659.27.
7. Pursuant to the Credit Agreement and/or applicable Pennsylvania law, any
unpaid or delinquent balances on said account shall continue to bear interest at the
rate of 0 %. See Exhibit "A" as previously identified herein.
8. As of the date of the filing of this Complaint, the amount of interest
which has accrued is the sum of $
9. As of the filing of this Complaint, Plaintiff has incurred reasonable
attorney's fees from the law office of Wolpoff & Abramson, L.L.P. in the collection
of the amounts due from Defendant(s) incident to the within action based upon 20% of
the principal amount due and owing, and Plaintiff shall continue to incur such
attorney's fees through the conclusion of the proceedings.
10. The amount of attorney's fee which has accrued is the sum of $
11. Despite reasonable and repeated demands for payment, Defendant(s) has/have
refused and continue to refuse to pay all sums due and owing on the aforementioned
account balance, all to the damage and detriment of the Plaintiff.
12. The amount in controversy is within the jurisdictional amount requiring
compulsory arbitration.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment
in favor of the Plaintiff and against Defendant(s) in the amount of $ 15659.27,
plus attorneys fees in the amount of $ , plus interest in the amount of
$ , plus costs of this action and any other relief as this Court deems just
and reasonable.
Respectfully submitted,
Amy F. Doyle #87062
Daniel F. Wolfs n #20617
Bruce H. Cherkis #18837
Philip C. Warholic #86341
Ronald M. Abramson #94266
Ronald S. Canter /94000
Donald P. Shiffer, III #89451
WOLPOFF & ABRAMSON, L.L .P.
Attorneys in the Practi ce of Debt Collection
267 East Market St., Yo rk, PA 17403
(717) 846-1252
Counsel for Plaintiff
CPWRI2/PARET W&A FILE NO. 119186760
41110
ATTORNEY VERIFICATION
I hereby state that I am the attorney for the Plaintiff, who is located
outside of this jurisdiction and in order to file the within document in an
expedient and timely manner, am authorized to take this verification on behalf of
said Plaintiff in this action and verify that the statements made in the foregoing
Complaint are true and correct to the best of my knowledge, information, and
belief, based upon information provided by the Plaintiff.
The undersigned understands that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification
to authorities.
Date:
N
Amy D
e ??87062
Daniel F #20617
Bruce H. Cherkis /18837
Philip C. Warholic #86341
Ronald M. Abramson #94266
Ronald S. Canter #94000
Donald P. Shiffer, I II #89451
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Pra ctice of Debt Collection
267 East Market St., York, PA 17403
(717) 846 -1252
Counsel f or Plaintif f
PAVERF/PARET W&A FILE NO. 119186760
41114
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DISCOVER BANK NO.
ISSUER OF THE DISCOVER CARD
3311 MILL MEADOW DRIVE
HILLIARD, OR 43026
Plaintiff
VS
CIVIL ACTION - LAW
DIANA L EDWARDS
303 NORMAN RD
CAMP HILL PA 17011-6129
Defendant(s)
CERTIFICATE OF SERVICE
AND NOW, this day of , I do hereby certify
that I have served a copy of the foregoing Complaint upon the parties and/or counsel
of record in the following manner and addressed as follows:
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
and REGULAR MAIL - POSTAGE PRE-PAID
Amy F. Doyle /87062
Daniel F. Wolfson #20617
Bruce H. Cherkis #18837
Philip C. Warholic #86341
Ronald M. Abramson #94266
Ronald S. Canter #94000
Donald P. Shiffer, I II #89451
WOLPOFF & ABRAMSON, L.L.P.
Attorneys in the Pra ctice of Debt Collection
267 East Market St., York, PA 17403
(717) 846 -1252
Counsel f or Plaintif f
PACERT/PARET W&A FILE NO. 119186760
A$ER
CLASSIC' `
IMPORTANT INFORMATION
ABOUT YOUR ACCOUNT
;AGREEMENT
s and conditions of your Account, including
calculate finance charges, our fees and an
In of Disputes. section. You have the right to
arbitration provision with respect to your
unt within 30 days after receiving your Cara,
ned in the "Acceptance of Agreement'
...................... SEE PAGES 1 - 14
personal information we collect,
3red with others, and how we
`identiality and security of
nv limit our sharing of such
ithers ......... SEE PAGES 14 - 17
j4pr'mation about your rights and our
rtres under the Fair Credit Billing Act '.... .
.... .......... SEE PAGES 17 - 19
ASHB?4tK OONt1S' TERMS AND CONDITIONS
Tfre;ters and conditions of the ck Bonus'
aivaid program, including a description of how your
av3aCd Is caitutated'and how to redeem it ........ .
SEE PAGES 19 - 21
The terms and conditions of the Scheduled Air Travel
Ac ident"Insuraike that is provided at no charge to
you when yoi9'u5e your Card to purchase airline
tickets ....................... SEE PAGES 21 - 24
2003 Discover Bank, Member FDIC 304001.0403TL14
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 eadier
materials provided to .you In the evern of any ddfe'rence.s `i6b
Agreement shell control
We respect yyour:privacy. See the Privacy Section on page 10 and
our Privacy:Roticpforadditional information
T6.Arbitrat'ion of Dispute's Section'on page 12 in dudes a waii*
of'a number ofngh%i6cluding the right to a jury trial.
CARDMEMBER`AGREEME14
Agreement Terms..... ............:......:.......... 2
Acceptance of Agreement............ • • • • - • •.• • • • • • • • • 2
Use of YourrAccount .`...:.......
othoriie1d 19k4i-. ........ .... _ 3
ljnauthonied:'Use ......................... 3
6je jLj4-:A ';j(ble Credk ........... .
I?romise to:Pay? 4
.......... 4
............
Monthly Billing Statement .......... .
Mon thly'Payment'Options. ' ....... ............... 4
F+q `..
?!Il?imum.Monthly Payment .............. ........ :5
Q dk Balancei... ............... ........ N ........ 5
Balance Transfers ............................ • ...... 5
Ernance.Charges ............. ......................... S
W16dic Finance- Charges. .. T
Difiuk Rate Plan.. ... ... 6
6sfirAdvance Transaction Fee Finance Charges,. ........ ;$
"rice Transfer'Tmnsaction Fee Finance Charges ::...:... '9
M10imum Fina{rce Charge ..::..........'.........:..:.' 9
Returned Checktee........ :....................... 9
Returned Discovelr:Card Check Fee ..................... 9
Stop Payment Feest ............... _...... 9
Late Fee .. .:.....:............................... 9
Pay-by-Phone Fee .................................. 10
Research Fee..... 10
Overlimitki ........ ... ... `10
Default-Acceleration-Collection Costs .................. 10
Cancellation . ................ . 10
I2ruacy ..... ............................ 10.
Electronic Communications .................... 11
Credit Authorizations ............... ............. :. 11
Change of Terms .................................: 11
Chance of Address ........................ :........... 12
.........
Assignment of Account ............ .. t2
Arbitration ofbisputes ......... ...: 12
Compliance With Interest Rate Limitations . ..... .. . 13
Governing Law . ........................... .. 13
_1_
AGREEMENT TERMS. The word "Account" means your
Discover Card Account. The word "Card" means anyone or more
Discover Cards issued to you or someone else with your authori-
zation, The words "you", "your", or "yours" refer to, in addition
to you, the Cardmember, any other person or persons who are
also contractual liable under this Agreement. The words "we",
"us" and "our refer to Discover Bank, the issuer of 'your
Discover Card. The words '"Authorized User" mean any person
whom you authorize to use your Account or a card, whether you
notify us or not. The words,'Pricing ;Schedule* meaty ,the
dorument.accompanying your Card and'listiny the Finance
Charge rates that apply to your Account. The Pricing Schedule is
part of this Agreement.
ACCEPTANCE OF AGREEMENT. The use of your Account or a Card
by you or an Authorized User, or your failure to cancel your
Account within 30 days after receiving a Card,.means you accept
this Agreement, including the Arbitration of Disputes provision
on page 12. Your may, however, reject the Arbitration of
Disputes section by providing us a notice of rejection within 30
days after receiving a Card, at the following address: Discover
Card, P.O. Box 30938, Salt Lake City, UT 84130-0938. If you were
Ph subject to arbitration with respect to any Account,
this right to reject arbitration will not apply to you in. the event
that the Account has been reopened or replacement Cards are
sent to you. Your rejection notice must include your name,
address, telephone number, Account number and signature and
must not be sent with any other correspondence. Calling us to
indicate that you reject the Arbitration of Disputes section or
sending a rejection notice in a manner or format that does not
comply with all applicable requirements'is insufficient notice. In
order to process your notice, we require that the notice be
provided by you directly and not through a third party. Rejection
of arbitration will not affect your other rights or responsibilities
under this Agreement or your obligation to arbitrate disputes
under any other account as to which you 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 respect
to this and any prior account you have had with us, even if you
have previously sent a rejection notice with respect to that prior
account
USE OF YOUR ACCOUNT. Your Account may be used for.
• Purchases - to purchase or lease goods or services from
participating merchants by presenting your Card or Account
number.
• Cash Advances - to obtain cash advances from participating
automated teller machines, financial institutions or other
locations, or by means of checks which we may furnish to you,
all in accordance with such additional terms and conditions as
may be imposed from time to time.
• Balance Transfers - to transfer balances from other creditors or
to make other transactions by means of balance transfer
coupons or checks, in accordance with such additional terms
and conditions as we may offer from time to time.
In addition, your Account may be used to guarantee reservations
at participating establishments. You will be liable for
-Z-
guaranteed reservations tnat are not canceled prior to the time
specified by the establishment.
Your Account maybe used for personal, family, household and
charitable purposes. Your Account may not be used to obtain
loans to purchase, carry or trade in securities, or to pay any
amount you owe under this Agreement ("Prohibited
Transactions*). Prior to its use, each Card must be signed by the
person to whom it is issued. We are not responsible for the
refusal of anyone to accept or honor a Card or to accept checks
that we have provided you. You must return any Card or unused
checks to us upon request
If a merchant fails to provide your purchase to your satisfaction
and, at your request, we issue a credit to your Account, you will
be :deemed to. have assigned to us your claim against the
merchant and/or any third party for the credited amount. Upon
our request, yqu agree to provide us with written evidence of
such assignment.
Your rights and responsibilities under the Fair Credit Billing Act
described in the billing rights summary on pages 17-18 and on
the back' of your monthly billing statement apply only to credit
card transactions. This special rule for credit card transactions
does not apply to purchases made with a balance transfer check
or cash advance: Therefore, if you have a problem with'the
quality of gods or services that you purchased with a balance
transfer cheoek, cash advance check or the proceeds of a cash
advance, you do not have the right to withhold payment of the
amount due.
AUTHORIZED USERS. If you want to cancel the authority of a
current Authorized User to use'your Accountor a Card, you must
notify us in writing or by telephone and destroy any Card in that
person's possession. None of your rights under this Agreement
(other than to pay amounts owed) may be exercised by any
person not a party to this Agreement acting pursuant to a power
of attorney, without our separate. written agreement (which we
are not obligated to give).
UNAUTHORIZED USE. If a Card is lost or stolen, or if you think
that someone is using your Account or a Card without your
permission, notify us immediately. You' can notify us by
telephoning 1-800-DISCOVER (1-800-347-2683), or by writing
DISCOVER CARD, PO Box 15156, Wilmington, DE 19886-1002.
You agree to assist us in determining the facts.mlatin to any
theft or possible unauthorized use of your Accountor a Card and
to comply with such procedures as we may require in connection
with our investigation: If our records indicate that you have
enrolled in an automatic billing arrangement,such as a monthly
gym membership, we will attempt to provide your new Account
numbee to that merchant. Hbwever, N you no longer wish to
continue the automatic billing arrangement, you must contact
the merchant directly.
CREDIT LIMIT-AVAILABLE CREDIT. We will advise you of your
Account credit limit. We may impose a lower limit that will apply
tocash advances; .referred was the cash advance credit limit
You agree not to allow your unpaid balance, including Finance
Charges and fees, to exceed your Account credit limit If you
exceed your Account credit limit, we may,request immediate
-3-
payment of the amount by which you exceed your Account
credit limit.
We may increase or decrease your Account credit limit or your
cash advance credit limit without notice. The credit available for
your use may, from time to time, be less than your Account credit
limit. for purpPoses of determining your available credit, we
reserve thenght to postpone for up to 15 business days reducing
your unpaid balances by the amount of any payment that we
receive. Your available credit will not be increased by the
amount of any credit balance.
PROMISE TO PAY. You agree to pay us in U.S. Dollars for all
purchases, cash advances and balance transfers including
applicable Finance Charges and other charges or fees, incurred
by you or anyone you authorize or permit to use your Account
or a Card, even if you do not notify us that others are using your
Account or a Card. We will convert purchases and cash advances
made in a foreign currency to U.S. Dollars at a rate existing on
the date of conversion. If you pay us in other than U.S. Dollars,
we may refuse to accept the payment or charge out Account
our cost to convert your payment to U;S. Dollars. V checks must
be drawn on funds on deposit in the U.S. You may not use a cash
advance check, balance transfer check or coupon; or any other
promotional check drawn on any Discover Bank credit card
account to make payments on your Account.'
If your Account is a point Account, each of you agrees to be liable
individually and jointly for the entire amount "owed on'your
Account. We can accept late payments or partial payments or
checks and money, orders marked 'payment in full' or with any
other restrictive endorsement without losing any of our rights
under this Agreement .
MONTHLY BILLING STATEMENT. Unless we waive our right to do
so, we will send you a billing statement after each monthly
billing period in which you have a debit or credit balance of
$1.00 or more: The billing statement will show all purchases,
cash advances, balance transfers, Finance Charges and other
charges or fees and all payments or other credits posted to your
Account during the billing period. It will show your New
Balance, Minimum Payment Due and Payment Due Date.
MONTHLY PAYMENT OPTIONS. You may at any time pay the
entire New Balance shown on your billing statement, but each
month you must pay at least the Minimum Payment Due. All
payments must be made in accordance" with, the terms, including
the payment cutoff time, stated 66 Your monthly billing state-
ment, and we will credit your Account in.accordance with those
terms. In addition, we reserve the right tb'change those terms
without prior notice. We will apply Payments and credits to the
New Balance shown on your current billing statement in order of
the Annual Percentage Rate applicable to'the'balance of each
transaction category (as referenced in the Periodic Finance
Charges Section), from lowest to highest" beginning with the
balance subject to the lowest Annual Percentage Rate. We then
apply payments and credits to any new transactions using the
same method. However, we have the right to apply payments
and credits to balances with higher Annual Percentage Rates
prior to balances with lower Annual Percentage Rates, such as
-4-
when there are two initial special rates applicable to your
Account and the lower Annual Percentage. Rate will expire
before the higher Annual Percentage Rate.
MINIMUM MONTHLY PAYMENT. The Minimum Payment Due
each month will be the sum of any amount:pastdue and the
minimum monthly payment. The minimum monthly payment
each month will be the greater of $10.00 or 1150th of the New
Balance, rounded to the next higher whole dollar amount. If anyy
ANNUAL PERCENTAGE RATE applicable to your. AccourZl_
greater than 22.99%, your minimum monthly.payment will''be'
the greater of $10 or 1/45th of the New Balance, rounded to the
next higher wholg dollar amount. Regardless.oi the.. Annual
Percentage Rates on your Account, if the New Balance is last*
than$10.bb, the minimum monthly payment will be the amount`
of the New Balance. Paying the Minimum Payment Due maybe
insufficient to bring your Account balance below your Account-
credit limit and, consequently, mayy not avoid the imposition of
the Overlimit Fee described in the Overlimit Fee Section. We may
from time to time allow you to not'make a minimum monthly
payment, and will notify you`wlienthis option 'is available:lf you
take advantage of this offer and do not make a minimum
monthly payment, finance charges and any applicable fees'vvlll
accrue on your Account in accordance with this Agreement,. and
you must pa the Minimum Payment Due for the following
billing periods.
CREDIT BALANCES. We will refund any credit balance within
seven business days from receipt of your written request If you
do not request a refund, we will automatically refund credit
balances greater than $1.00 which remain in your Account after
two billing periods.
BALANCE TRANSFERS. We may periodically offer:you the oppor-
tunity to transfer balances from other creditors orto make other
transactions to your Account by means of balance transfer
coupons or checks. Each offer will contain an initial special rate,
which will be the Annual Percentage Rate that will apply to
transferred balances for the time period specified in the offer,
subject to the Default Rate Plan Section, and may contain a
Balance Transfer Transaction Fee. Finance Charge for each
balance transfer made during the term of the offer, as disclosed
in the offer and as set forth in the Pricing Schedule, if applicable.
After the expiration of this time period, the Annual Percentage
Rate that applies for purchases will apply to transferred
balances. Balance transfers subject to the initial special rate are
referred to as special rate balance transfers; balance transfersfor
which the initial special rate has expired are referred to. as
purchase rate balance transfers. Each offer will contain an
expiration date. If you attempt to transfer balances by means of
a check after the expiration date, we will treat the transaction as
a cash advance. We will not make balance transfers attempted
by means of a coupon after the expiration date.
FINANCE CHARGES. You can avoid payment of Periodic Finance
Charges on new purchases if.you pay the New Balance showngn
the billing statement on which the purchase first appears by the
Payment Due Date,. and the Payments and Credits on that
statement equal or exceed your Previous Balance. We call this
-S-
the 'grace period.' You do not have a grace period on balance
transfers or cash advances. Periodic Finance Charges are imposed
on new balance transfers and cash advances beginning with the
date the transaction occurs.
PERIODIC FINANCE CHARGES. Periodic Finance Charges are
imposed on all transactions until the date' of repayment.
Repayment means payment of your entire New Balance.
However, if you pay the New Balance shown on the current
billing statement by the Payment 'Due Date, and the Payments
and Credits shown on this statement equal or exceed the
•Previous Balance, we will not impose Periodic Finance Charges
on new purchases, that is, purchases first appearing on the
current statement. Otherwise, you will receive a billing
statement the next month that includes Periodic Finance
Charges imposed until the date of repayment.
We compute Periodic Finance Charges each'day for purchases,
cash advances, and balance transfers (which we refer to as
transaction categories) by using the following equation:
Average Daily Balance x number of days in the billing period x
Daily Periodic Rate. (You may refer to the finance charge
summary on the front of your billing statement for these
amounts.) Then we add all the Periodic Finance Charges for each
transaction category to get the total Periodic Finance Charges
for your Account. The Average Daily Balance is shown as zero if
no Periodic Finance Charges apply to the balance in a transaction
category.
We use the two-cycle average daily balance (including new
transactions) method of calculating the balance upon which we
impose Periodic Finance Charges. This means if you did not pay
the New Balance shown on the billing statement you received
during the previous billing period by the Payment Due Date, we
will impose PeriodicTinance Charges on new purchases that first
appeared on'that billing statement, as well- as new purchases
that first appear on the current billing statement, unless we
already imposed Periodic Finance Charges on the purchases on
your previous billing statement. We compute the average daily
balance for each transaction category by adding up all the daily
balances in a billing period for a transaction category and
dividing the total by the number of days in the billing cycle. We
compute the daily balance for each transaction category on each
day by first adding the following to the previous day's daily
balance: transactions made that day, fees charged that day and
Periodic Finance Charges accrued on the previous day's daily
balance; and by then subtracting any credits and payments that
are-applied against the balance of the transaction category on
that day. In calculating the daily balance for the previous billing
pperiod, we consider the 'previous day's daily balance' to have
beenzero on the first day of the billing period.
Special rate balance transfers and Balance Transfer Transaction
Fee. Finance Charges are included in the daily balance of the
balance transfer transaction category. Balance transfers that
were subject to an initial special rate that has been terminated
due to a late payment or because your outstanding Account
balance exceeded your Account credit limit are also included in
this category until the initial special rate otherwise would have
-6-
expired. In calculating the daily balance of the balance transfer
transaction category on the first day of the billing period, we
subtract the unpaid balance of those' Balance Transfer
Transaction Fee Finance Charges and balance transfers that
become purchase rate balance transfers. on that day and Weadd
that unpaid balance to the balance of the purchase transaction
category.
All fees charged to your Account are added-to the purchase
transaction category with. the exception, of Cash Advance
Transaction Fee Finance Charges which are added.to the cash
advance transaction category and Balance Transfer'Transaction
Fee Finance Charges which are added to the balance transfer
transaction category. If a transaction is posted to your Account
after the close of the billing period in which it occurs, we will
treat the transaction as having occurred on the first day of the
billing period in which it is posted to your Account
(1) Rate Plans
The Daily Periodic Rate and corresponding Annual Percentage
Rate that apply to each transaction category is either a fixed rate
or a variable rate as set forth in your Pricing Schedule. The Daily
Periodic Rate is 11365th of the corresponding. Annual,P.ercenfage
Rate. The variable Annual Percentage Rate for a transaction
category is determined by adding a specified number of
percentage points to the Prime Rate. This is shownon the Pricing
Schedule as "Prime +.(percentage points).' For purposes of th6
Agreement,-the Prime Rate is the highest rate of interest listed
as the 'prime rate' in the money rates section. of The Wall Street
Journal on the last business day of the month. The Prime.11ate4
merely a pricing. index and does not represent the lowest or best
interest rate available to'a borrower at any bank at any given
time. Your Annual Percentage Rate will increase or decrease
when the Prime Rate changes. This change will be effective
beginning on the first day of the billing period that begins
during the same month as the change in the Prime Rate.
(2).Annual Percentage Rate for Purchases
We may have offered you an introductory rate on purchases. The
introductory rate is the Annual Percentage Rate that will apply
to purchases for the time period specified in the offer, subject to
I the Default Rate Plan Section."After expiration of this time
period; the Annual Percentage Rate for purchases will apply,the
Daily Periodic Rates and corresponding Annual Percentage Rates
in effect on the date this Agreement is furnished to you.are set
forth in the Pricing Schedule.
I '
I (3) Annual Percentage Rate for Cash Advances
The Daily Periodic Rate and corresponding Annual Percentage
Rate in effect on the date of this Agreement is furnished to you
i are set forth in the Pricing Schedule.
(4) Annual Percentage Rate forBalance Transfers.
The Daily Periodic Rate °and*corresponding Annual Percentage
Rate in effect for special rate balance transfers will be set forth
in the offer from us under which you make the balance .transfer.
As indicated in the Balance Transfers Section above, purchase
-7-
rate balance transfers will be subject to the Daily Periodic Rate 3% of the amount of each new cash. advance. There is a
and corresponding Annual Percentage Rate that apply to minimum Cash Advance.Transaction Fee FINANCE CHARGE of
purchases and the Default Rate Plan Section. $5.00 and no maximum Cash Advance Transaction Fee FINANCE
The Daily Periodic Rate and corresponding Annual Percentage CHARGE. The imposition of Cash Advance Transaction Fee
Rate in effect on the date this Agreement is furnished to you are Finance Charges may result in an Annual Percentage Rate for
set forth in the Pricing Schedule. cash advances that. is higher than the nominal Annual
DEFAULT RATE PLAN. We will review your Account on the last Percentage Rate. All forms of cash advances, including the use of
day of each billing period to determine the Annual Percentage Discover Card Checks, regardless of the purpose for vrhich used.
Rates that will applyto your Account. In reviewing your Account ; are subject to Cash Advance Transaction Fee Finance Charges. To*-
we will look at the current billing period as wells the previous obtain the total Finance Charge on cash advancer for each
eleven billing periods. Any increased rate described below will bharr es riod, we d any Cas charged under actiSection Finance
any=
apply beginning with the first day of the billing period in which g this to ?
we review your Account. Periodic Finance Charges calculated under the Periodic Finance-
we Section for the cash advance transaction category.
If we did not receive a required payment by the Payment Due 1
Date during the billing period in which we review your Account BALANCE TRANSFER TRANSACTION FEE FINANCE CHARGES.'If
then any initial special rate on balance transfers and any ithe- balance ffransfer offer you receive contains a. Balance
introductory or promotional rate on purchases that currently i Transfer Transaction Fee Finance Charge, we will charge you a
applies to your Account and any such rate that we. have ',Balance Transfer Transaction Fee Finance Charge for the amount
previously offered to you, will terminate and the standard . of :each balance transfer made under that offer. If there -is a
Annual Percentage Rate for purchases will apply to your balance ! Balance Transfer Transaction Fee Finance Charge in conjunction
of balance transfers and purchases as well as any introductory or ! with the offer you received when you applied for an Account it
promotional rate on purchases and any initial special rate on i will be in the amount set forth in the Pricing Schedule. The
balance transfers that we have previously offered to you. In ,. imposition of Balance Transfer Transaction Fee Finance Charges
addition, if the standard Annual Percentage Rate for purchases may result in an Annual'Percentage Rate for balance transfers
is less than 19.99% and during the immediately preceding that is higher than the nominal Annual Percentage Rate. To*
eleven billing periods we did not receives required payment by obtain the total Finance Charge on balance transfers-for each
the Payment Due Date, then the Standard ANNUAL billing period, we add any Balance Transfer Transaction Fee
PERCENTAGE RATE for purchases will be increased to 19.99% (a j Finance Charges calculated under the Periodic Finance Charges
Daily Periodic Rate of.05477%). section for the'balance:transfer transaction category.
If our outstanding balance exceeds your Account credit limit as !MINIMUM FINANCE CHARGE. We will charge you a minimum
of the day we review your Account and your outstanding i FINANCE CHARGE of $:50 for any billing period in which some
balance exceeded your Account credit limit as of the last day o ; FINANCE CHARGE of less than $.50 would otherwise be imposed.
any billing period in the immediately preceding eleven billing RETURNED CHECK FEE. We will charge you a Returned Check Fee
periods, then any initial special rate on balance transfers and any ' of .$29.00 each time you pay us with a check that is returned
introductory or promotional rate on purchases that currently ' unpaid. This fee will also apply if a debit transaction to a deposit
applies to your Account" and any such rate that we have ' account from which you have authorized us in "writing,
previously offered to you will terminate and the standard 'electronically or orally to periodically deduct all or apart of an
Annual Percentage Rate for purchases will apply.to the balance i amount-you owe us under this Agreement a returned unpaid.
of your balance transfers and purchases as well as any We will charge you this fee. the firs( time any.. payment Is
introductory or promotional rate on purchases and any initial lei- reed unPaid., even if it is paid. upon resubmission.
special rate on balance transfers that we have previously offered I ::'
to you. If the standard Annual Purchase Rate for purchases is less ' RETURNED DISCOVER CARD -CHECK FEE. We will charge you a
than 19.9%, then the standard ANNUAL PERCENTAGE RATE for sl Returned Check Fee of $29.00 each time we.decline to honor a
purchases will be increased to 19.99% (a Daily Periodic Rate of , Discover Card cash advance chede balance'transfer check or
05477%) ether promotional check.
If your standard ANNUAL PERCENTAGE RATE for purchases is less STOP .PAYMENT' FEE. We may charge a Stop Payment Fee of
than 24.99% and during the current and immediately preceding $15.00 each time we stop payment at your request on a cash
eleven billing periods you either failed three times to make a ; advance. check, balance' transfer check, or other promotional
required payment when due .or exceeded your Account credit i chedL
limit three times as of the last day of a billing period, then the
standard ANNUAL PERCENTAGE RATE for purchases and for cash
advances will be increased to 24.99% (a Daily Periodic Rate of
.06847%).
CASH ADVANCE TRANSACTION FEE FINANCE CHARGES. We will
charge you a Cash Advance Transaction Fee Finance Charge of
_B_
LATE;FEE. We will charge you a Late Fee if you-have !ailed, as of
the Payment Due Date, to make the Minimum Payment Due that
was required to be paid by that date. The amount of the Late
Fee is based on the sum of all outstanding. purchases, cash
advances, balance transfers, other charges, other fees and
Finance Charges at the end of the billing period. If the sum is less
_g_
than $100, the Late Fee is $15. If the sum is equal to or greater others, how we safeguard the. confidentiality and security. of
than $100, and less than $1,000, the late Fee is $25. If the sum is information and the steps you may take to limit our sharing of
equal to or greater than $1,000 the Late Fee is $35. such information with others: Please read it carefully as it is part
of Your Cardmember Agreement. As indicated in our Privacy
PAY-BY-PHONE FEE. We may from time to time allow you to Polk 96 we may report to credit reporting agencies and other
make payments by authorizing us over the telephone to transfer' creditors the status and payment history of your Account,
or pay funds from a deposit account to your Account. We will including negative credit information. We. normally report to
charge a Pay-by-Phone Fee of $10 for each such transfer or such credit reporting agencies each: month. If you believe that
payment. our report of your Account status. is inaccurate or incomppletei
RESEARCH FEE. We may charge you a Research Fee of $5.00 for please write us at the following address:lliscover lard, POBox
each copy of a billing statement or sales slip that you request. 15316, Wilmington DE 19850-5316. Please include your name,
However, we will not charge a fee if you request copies in address, home telephone number and Account number.
connection with a billing error. We may from time to time review your credit, employment and
OVERLIMIT FEE. We will charge you an Overlimit Fee each time income records. Our personnel may listen to or record telephone
that, as of the close of a billing period, your outstanding calls between you and our representatives in order to evaluate
Account balance exceeds your Account credit limit. This fee may the We quality useranservice to y medium,iincluding but not llimited tom mail,
be charged even if the transaction which causes you to exceed five telephone calls, automated telephone equipment,
your Account credit limit is authorized by us or if you exceed i prerecorded telephone calls, and e-mail to contact.you about
your Account credit limit due to the posting of Finance Charges a your Account or offer you products or services that may be of
or fees to your Account. The amount of the Overlimit Fee is value to you. If you prefer not to be contacted in one or more of
based on the sum of all outstanding purchases, cash advances, i these ways, call us at 1.800 225-5202 or write to us at Discover
balance transfers, other charges, other fees and Finance Charges i Card, P.O. Box 30961, Salt Lake City, UT 84130-0961. We provide
$1the end of the billing period. the sum is equal to or less than.i various methods by which you can obtain information about
$1,000, the mit Fee is f1 15. If the sum is greater than your Account. We will only release such information to you, any
$1,000, the Overb erlimit Fee is $35. 1 Authorized User that our records indicate is an authorized buyer
DEFAULT-ACCELERATION-COLLECTION COSTS. You are in default on your Account, and any other person with your prior
if you become insolvent; if you file a bankrupPtcy petition or have i permission, in addition to as provided in our Privacy Policy or as
one filed againstyou; if we have a reasonable belief that you are required. by law. Our security. measures cannot insure against
unable or unwilling to repay your obligations to us; if you are i unauthorized inquiries: You agree that we will not be
declared incompetent by a court or if a court appoints a ! responsible for the release of information to anyone who, even
guardian for you or a conservator for your assets; if you die; or ; if without. your authorization, or permission; has gained
if you fail to comply with the terms of this Agreement, includingpossession of a Card or has learned other identifying
failing to make a required payment when due, exceeding your characteristics about you such as your personal identification
Account credit limit, or using your Card or Account for a ; number, Account number or social security number.
Prohibited Transaction. If you are in default, we may declare the ELECTRONIC COMMUNICATIONS. We may offer you the
entire balance of your Account immediately due and.payab.le opportunity to receive certain notices from us electronically
without notice. If we refer the collection of your Account to an rather. than through the mail, including monthly billing
attorney or employ an attorney to represent us with regard-to 1 statements and change of terms notices. The terms and
recovery of money that. you owe us, we may charge you ; conditions for receiving these electronic communications will be
reasonable attorneys' fees and court or other coliection:costs as j described in the offer.
permitted by law and.as actually incurred by us. We may delay
.enforcing or not enforce any of our rights under this Agreement CREDIT AUTHORIZATIONS. Certain transactions will require our
without losing or waiving any of them. ' authorization prior to completion of the transaction. In some
CANCELLATION. You may cancel our Account by . us in+ cases, you may be asked. to provide identification. If our
writing or by telephone and retumngg or destroing erCard authorzation system is not, working, we may nt be able to
ands,nusedcheck that we:haveprovidedyou:Of course;-youwdl authorize a transaction Wei will"not be liable to you if any of
still be responsible to pay: any amount you owe us according to ?tfiese events happen
the terms of this Agreement. If your Account is a joint Account,,,, CHANGE OF TERMS. We may change any term or part.of this
each of you may cancel your Account. We may cancel or suspend i Agreement, including any finance charge rate, fee or method of
your Account at any time without notice. We may choose not to computing any balance upon which the finance charge rate is
renew your Account (beyond the expiration date shown on the assessed, or add any new term or part to this Agreement by
face of a Card) without notice. sending you a written onelectronically delivered notice all least
PRIVACY. We respect the priva of information about you and j 15 days before the change is to become effective. We may apply
any such change to the outstanding balance of your Account on
'y includes summary of the,
your Account. Our Privacy Po
personal information we collect, when it may be shared with 4 the effective date of the change and to.new charges made after
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that date. If you do not agree to the change, you must notify us
in writing or electronically within 15 days after the mailing of
the notice of change at the address provided in the notice of
change, in which case your Account will be closed and you must
pay us the balance that you owe us under the existing terms of
the unchanged Agreement. Otherwise, you will have agreed to
the changes in the notice. Use. of your Account after the
effective date of the change.will be deemed acceptance of the
new terms as of such effective.:. date, even if you previously
notified us that-you did not agree to the change. ;
CHANGE OF ADDRESS. If you change your address you must
notify us of your new address within 15 days.
ASSIGNMENT OF ACCOUNT. We ma 'y sell, assign or transfer your:'
Account or any portion thereof without notice to you. You may
not sell, assign or transfer your Account without first obtaining
our prior written consent.
ARBITRATION OF DISPUTES. In the event of any past, present or }
future claim or dispute (whether based upon contract, tort,
statute, common law or equity) between you and us arising from
or relating to your Account, any prioraccount you have had with
us, your application, the relationships which result from your.;
Account or the enforceability or scope of this arbitration,
°
provision, of the Agreement or of any prior: agreement, you or
we may elect to resolve the claim or dispute by binding
arbitration.
IF EITHER YOU OR WE ELECT ARBITRATION, NEITHER YOU NOR
WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT
OR TO HAVE A JURY TRIAL ON-THAT CLAIM. PRE-HEARING";
DISCOVERY RIGHTS AND. POST-HEARING APPEAL RIGHTS WILL
BE LIMITED. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN!
OR. CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST;
OTHER CARDMEMBERS WITH RESPECT TO OTHER ACCOUNTS,
OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER
OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Even if all parties have opted to litigate a claim in court, you or
we may elect arbitration with respect to any claim. made by a
new party or any new claims later asserted in that lawsuit, and
nothing undertaken therein shall constitute a waiverof any,'
rights under this arbitration provision.
We will not invoke our right to arbitrate an individual claim you
bring in small claims court or your state's equivalent court; if any,
so long as the claim is pending only in that court and does not
exceed 55,000.00.
Your Account involves interstate commerce, and this.provisionI
shall be governed by the Federal. Arbitration Act (FAA). The i
arbitration shall be conducted, at the option of whoever files the
arbitration claim, by either• JAMS/En dispute (JAMS)- or the'
National Arbitration Forum. (NAF) in accordance withs:theirl
procedures in effect when the clairri is filed. For a"copy of their
procedures, to file a claim or for other information, contact
;
JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614 (phone 1
8D0-353-5267) or NAF at P.O. Box 50191, Minneapolis.MN 55405
(phone 1-800-474-2371). At your written request, we wilit
advance any arbitration filing, administrative and hearing fees'
-12-
which you would be required to pay to pursue a claim or dispute
as a result of our electing to arbitrate that claim or.dispute. Send
requests to P.O. Box 15192, Wilmington, DE 19886-1020. The
arbitrator will decide who will ultimately be responsible fdr
paying those fees. In no event will you be required to reimburse
us for any arbitration filing, administrative, or hearing fees in an
amount greater than what your and our combined court costs
would have been if the claim had been resolved in a state court
with jurisdiction. In no event will you be required to pay dny-fees;
or costs incurred by us in connection with an. arbitration, 00
ceeding where such a requirement is prohibited -by law. Any
arbitration hearing will take place in the federal judicial district
where you reside. The arbitrator shall follow applicabl"uW
stantive law to-the extent consistent, with the FAA and--applM
cable statutes of limitations and shall honor claims of privilleges
recognized at law. If requested by any party the arbitrator shall.
write an opinion containing the reasons #or the award. The
arbitrator's decision will be final and binding except for any
appeal rights under the FAA and except that if the amount in
controversy exceeds $100,000.00, any party may appeal the
award within 30 days to a three-arbitrator panel which shall
review the award de novo. The costs of such an appeal shall be
borne by the appealing party regardless of outcome. Judgment
upon any award by the arbitrator may be enforced in any court
having jurisdiction.
Our rights and obligations under this arbitration provision shall
inure to the benefit of and be binding upon our parent corpo-
rations, subsidiaries, affiliates (including, without limitation,
Discover Financial Services, Inc.), predecessors; successors,
assigns, as well as the officers, directors and employees of each
of these entities, and will also inure to the benefit of any third
party named as a co-defendant with us or with any of the
foregoing in a claim which is subjectto this arbitration provision.
Your rights and obligations under this arbitration provision shall
inure to the benefit of and be binding upon all persons
contractually liable under this Agreement and all Authorized
Users of the Account. This arbitration provision shall survive
termination of your Account as well as voluntary payment in full
by you, any legal proceedings by us to collect a debt owed by
you, any bankruptcy by you and any sale by us of your Account.
COMPLIANCE WITH INTEREST RATE LIMITATIONS.' We intend
that this Agreement will comply with applicable interest rate
limitations. You will not be required to pay Finance Char as or
other charges at a rate that IN greater than the maxlmunn
amount permitted by law. If it is ever finally determined that;
but for this Section, the Finance Charges or other charges under
this Agreement would exceed the maximum lawful amount, the
Finance Charges and other charges will be reduced to the
maximum lawful amount. Any excess amount that you have
already.paid will be used to reduce the outstanding balance 0,
your Account or will be refunded to you by means of a check. it
our discretion.
GOVERNING LAW. This Agreement will be governed by the law:
of the State of Delaware and applicable federal laws. If any par
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of this Agreement becomes unenforceable, it will not make any
other part unenforceable.
Discover Bank
DISCOVER CARD
Vice President
PRIVACY POLICY
We Respect Your Privacy
Our mission is to provide you with superior products and
services, along with the peace of mind knowing that your
privacy is secure. We understand your concerns about guarding
information about you and your Account. We want to assure you
that we have taken steps, and will continue to take steps, to
safeguard that information.
This Privacy Policy describes our efforts to meet these objectives.
It includes a summary of the following.important information:
• A listing of the personal information we collect.
• The circumstances in which we may share information with
others.
• The ways we safeguard the confidentiality and security of
information.
• The steps you may take to limit our sharing of such
information with others. See Section 4 for complete details.
Please read our Privacy Policy carefully. It will help you under-
stand how we collect and share information.
1. What Personal Information Do We Collect?
To serve you better and manage our business, it is important that
we collect and maintain accurate personal information about
you. We obtain this information from applications and other
forms you submit to us, from your dealings with us and others,
from consumer reporting agencies, and from other sources, such
as our Web sites. For example:
• We may obtain information such as your name, address and
date of birth from applications and other forms you submit to
us.
• We may obtain information such as Account balances,
payment history, your use of your Account and the types of
services you prefer from your transactions and other dealings
with us and others.
• We may obtain information such as the balances of your loans
with other lenders and your payment history with others from
consumer reporting agencies.
• We may obtain information such as your Internet service
provider, your domain name, your computer's operating
system and Web browser, your Web site use and your product
and service preferences from your visits to our Web sites.
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2. Is Personal Information Shared With Others?
We limit the sharing of information with others. Many of the
offers you receive for products and services are provided directly
to you from us. For example, a retailer that accepts the Discover'
Card may come to us with a special offer for Cardmembers, such
as a discount certificate or product upgrade. After careful
consideration of the nature of the offer and the company, we
will create a list of Cardmembers who maybe interested in the
offer based on.certain characteristics. We will send the offer
directly to those Cardmembers on behalf of the retailer by, for
example, including an insert in their monthly billing statement
or mailing the offer ourselves. We control the information used
to make the offer; we do not share. the list'ofany information
about our Cardmembers with the retailer. However, please
understand,that if you do receive this type of offer from us and
choose to take advantage of it, the retailer may then ).earn
information about you because. only Cardmembers with certain
characteristics received the offer.
There are, however, circumstances in which we may share, the
information we collect about you, as described in Section 1, vvI*
other companies in order to provide you with access to product.
and services and to service your Account effectively, ',Is detailec
below. We require these companies to`adhere to our..privaq
standards and to use this information only for the'limitec
purpose for which it was shared. We do not allow them tc
disclose it to others without our prior approval.
a. Sharing Personal Information with Our Corporate •FamUJ
We 'are part of the Morgan Stanley family of companies. Oui
corporate family offers a'wide variety of products and service:
that can help you manage your finances. In order to provide yot
with access to these products and services, we may share the
information we collect about you, as described in Section 1, witt
other members of our corporate family. These companies includq
financial service providers that offer mortgage lending services
securities and asset management services; investmen
opportunities and mutual funds, and may include non-financia
service providers in the future as our corporate family continue
to grow:...
b, Aaring Personal Information with'Non-Affiliated Parties fa
Marketing Purposes
We may share the information we coiled about you, a
described in Section: 1,. With. non-affiliated, third. partier.
including those that. .accept the. Discover Ca?d,.In order t
provide you with access to products and services offered directl
by these companies that may be of value to. you: Thes
companies include financial service _providers, such as insuranc
companies, and non-financial companies; such as retailers.
° c Sharing Personal Information, with ers
We may share the information we collect about you, ;
described in Section 1, with companies that perform support
marketing services on our behalf, such as mailing, mark
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research and data processing; other financial institutions with
which we have joint marketing agreements; or companies that
are our partners for cobrand credit card programs or reward
programs. We may also share such information as permitted by
law.
3. How Do We Protect The Confidentiality, Security And
Integrity Of Information About You?
We maintain physical, electronic and procedural safeguards to
protect the information we collect about you. Access to such
information is restricted to individuals who need it in order to
service your Account or provide products and services to you,
and who are trained in the proper handling of such information.
Employees who violate these confidentiality requirements are
subject to our disciplinary process: Where third parties provide
support services, we require them to conform to our privacy
standards.
it is important that the information we maintain about you is
accurate and complete. If you see information in your monthly
billing statements or elsewhere which suggests that our
information is incomplete or inaccurate, please write to us at
Discover Card, P.O. Box 30943, Salt Lake City, UT.84130-0943 so
that we can update this information. %
4. How Can You Limit Sharing Of Information About You?
We respect your privacy and offer you choices as to whether we
may share information. about you with others. If you prefer that
we not share the information we collect about you, as described
in Section 1, with non-aff Mated third parties or if you prefer that
we noYshare that information with companies in our corporate
family, you may opt out, that is, you may direct us not to share
that information. If you indicate a preference. that we do not
share.that information, please understand that you will not
receive offers for products and services provided by other
companies that could help you lower our costs, maximize your
financial resources and manage your fman. c es.
To indicate your preferences,-call us at 1-800-225-5202 or write
to us at Discover Card, P.O. Box 30961, Salt Lake City; UT 84130-
0961. N you have previously notified us about your privacy
preferences, it is not necessary to do so again unless you decide
to change your preferences. Your written request should include
your name, address, telephone number and Account number(s)
and should not be sent with any other corresponderice. ih'ortler
to process your request 0vd requirle that the request be pTOvided
by you directly and not through a third party. You will need to
provide us with your preferences for each credit card account
you have with us
You may notify us abotrt'.your preferences at any time. Your
request will remain in.effect until you notify us otherwise. We
will honor your request and hot share-the information we collect
about you, except as permitted by law; for example, federal law
permits us to share information about you' with consumer
reporting agencies, service providers and marketing partners. It
-16-
also permits us to share information about our experiences and
transactions with you, such as your Account balance and
payment history, with other members of our corporate family. If
you are a new Cardmember, we will not share any information
about you, except as permitted by law, for thirty days after we
provide this Policy to you in order to give you an opportunity to
inform us about your preferences. If you are an existing
Cardmember, please understand that you may continue to
receive marketing offers directly from other companies th
were already in production prior to the processing. of .-
request.
This Privacy Policy is provided to the primdry-Cardmernber listed
on.the Account. However, any joint Cardmember, has the right to
notify us about ;preferences and we will treat that request-as-
applying to.the entire Account. We do not, share inforrnataoir
about _former. customers; except as,permitte.d.by law. '
This Privacy Policy is provided.to you by Discover Bank and its
subsidiaries, which currently: include GTC Insurance Agency, Inc.
it, applies to the Discover Pietin'um, Discover Gold; .Discover
Classic, Discover Private lssues", Discover Titanium Cards, and the
products and services offered in connection with those cards,
including The Register' caid' registration' service '(With the
exception of any.information registered in connection with'the
service, which will not,be shared). It Is part of your Cardmember
Agreement and provides a. further explanation. of how we
collect and share information. You may have other rights under
state laws that apply to this information. Please note that you
will also receive privacy notices for other credit card accounts
you have with us, as well as other financial products and services
provided to you by us and our affiliates. You will need to
indicate your preferences for each of these separately as
disclosed in the notice.
Vermont and North Dakota Residents - Your State laws require
financial institutions to obtain.your consent prior to sharing
information about you with others. Except as permitted by law,
we will not share information we collect about you with non-
affiliated third parties or, if you are a Vermont resident, with
companies in.our corporate family unless you nail us, at ",00-
DISCOVER and authorize us to do so.
1
Your Billing Rights
KEEP THIS NOTICE FOR FUTURE USE
This notice contains important information a out'your right!
and our responsibilities under the Fair Credit Billing Act.
1. Notify 4 in Case of Errors or Questions AboutYour Bill
if you think your bill is wrong, or if you need more informatior
about a transaction on your bill, write us on a separate sheet or
_17 _
paper at the address listed on your bill for Notice of Billing
Errors. Write to us as soon as possible. We must hear from you
no later than 60 days after we sent you the first bill on which the
error or problem appeared. You can telephone us, but doing so
will not preserve your rights.
In your letter, give us the following information:
0 your name and Account number.
0 your dollar amount of the suspected error.
describe the error and explain, if you can, why you believe
.
there is an error. If you need more information, describe the
item you are not sure about.
If you have authorized us to pay your credit card bill
automatically from your savings or checking account, you can
stop the payment on any, amount you think is wrong. To stop the
payment, your letter must reach us three business days before
the automatic payment is scheduled to occur.
2. Your Rights and Our Responsibilities After We Receive Your
Written Notice
We must acknowledge your letter within 30 days, unless we have
corrected the error by then. Within 90 days, we must either
correct the error or explain why we believe the bill was correct.
After we receive your letter, we cannot try to collect any amount
you question, or report you as delinquent. We can continue to
bill you for the amount you question, including finance charges,
and we can apply any unpaid amount against your Account
credit limit. You do not have to pay any questioned amount
while we are investigating, but you are still obligated to pay the
parts of your bill that are not in question.
If we find that we made a mistake on your bill, you will not have
to pay any finance charges related to any questioned amount, if
we didn't make a mistake, you may have to pay the finance
charges, and you will have to make up any missed payments on
the questioned amount. In either case, we will send you a
statement of the amount you owe and the date that it is due.
If you fail to pay the amount that we think you owe, we may
report you as delinquent. However, if our explanation does not
satisfy you and you write us within ten days telling us that you
still refuse to pay, we must tell anyone we report you to that you
have a question about your bill. And, we must tell you the name
of anyone we reported you to. We must tell anyone we report
you to that the matter has been settled between us when It
finally is. If we don't follow these rules, we can't tolled the first
$50 of the questioned amount, even if your bill was. correct.
3. Special Rule for Credit Card Purchases
if you have a problem with the quality of goods or services that
you purchased with a credit card, and you tried in good faith to
correct the problem with the merchant, you may have the right
not to pay the remaining amount due on the goods or services.
There are two limitations on this right:
-18-
(a) you must have made the purchase in your home state or, if
not within your home state, within. 100 miles of your current
mailing address; and
(b) the purchase price must have been more than $50,
These limitations do not apply if we own or operate the
merchant, or if we mailed you the advertisement for the goods
or services.
DISCOVER* CARD
CASHBACK BONUS@ PROGRAM
TERMS AND CONDITIONS
The Cashback Bo6use Terms and Conditions constitute a
separate and independent agreement from the Cardmember
Agreement and apply to Accounts that participate in the
Cashback Bonus Program. However, these Terms and Conditions
are subject to the Arbitration of Disputes section of the Card-
member Agreement, which is incorporated herein.
1. Cashback Bonus awards" are amounts denominated in dollars
and cents which may be accrued by Cardmembers by using their
Discover' Card for qualified purchases. Cashback Bonus awards
include Traditional Cashback Bonus awards and other Cashback
Bonus awards as described below. Cashback Bonus awards are
not accrued for Prohibited Transactions (as defined in the Card-
memberAgreement), cash advances or balance transfers..
2. Traditional Cashback Bonus amounts are calculated based on
purchases made during an annual period corresponding to the
Cardmember's anniversary year as described in paragraph 3
below. The first anniversary year begins on the date the Card is
issued and ends on the last day of the twelfth monthly billing
period which follows. Each successive anniversary year is the
approximate one-year period comprised of the next twelve
monthly billing periods.
3. Except as provided below and in paragraph 4 below, the
accrued amount of a Traditional Cashback Bonus award Is
calculated by multiplying the total qualified purchases at the
end of each billing period by:
.25°x6 (.0025), if the purchases are part of the first $1,500 in
.purchases during the anniversary year, or, if the purchases are
made at select warehouse clubs or discount stores, and
.50% (.0050), if the purchases are part of the second $1,500 it
purchases during the. anniversary yeai, and
0 1.0% (.01), if the purchases are part of the purchases in excess
of $3,000 during the anniversary year.
Any purchases made at select warehouse clubs or discount storeu
will be ineligible for a Traditional Cashback Bonus' award it
excess of .25%(.0025) of the amount of the purchases. However
_19-
these purchases will continue to be included in the total amount
of purchases made during the anniversary year and used to
determine the applicable percentage rate listed above.for other
purchases. Please call 1-800-347.7896 or visit our Web site at
Discovercard.com for a list of these select warehouse clubs and
discount stores.
The total of these calculations for each anniversary year is the
accrued amount of the Traditional Cashback Bonus award. The
accrued amount of the Traditional Cashback Bonus award will be
made available to Cardmembers as described below provided
the conditions contained .in paragraph 5 below are met. The
calculation for the Traditional Cashback Bonus award begins
again with the beginning of each anniversary year.
4. Cardmembers may also be offered, from time to time, other
Cashback Bonus awards (i.e., by making a purchase at a specific
merchant), the terms of which will be disclosed in the offer.
These purchases will receive the award amount described in the
offer. They will not be considered qualified purchases for
purposes of determining the annual level of purchases and
calculating the Traditional Cashback Bonus award unless
otherwise disclosed in the offer. These other Cashback Bonus
awards will accrue in the Cashback Bonus,Account in accordance
with these Terms and Conditions unless an alternative method of
disbursement is.disclosed in the offer. In addition, fl, as_of the
date Discover Card determines whether a Cardmember has met
the terms of the offer, the Cardmember's Account is closed or
delinquent, the Cardmember will not receive this other Cashback
Bonus award unless otherwise disclosed in the offer, nor will the
Cardmember receive a Traditional Cashback Bonus award on
these purchases. The accrued amount of these other Cashback
Bonus awards will be made available to Cardmembers as
described below provided the conditions contained in paragraph
5 below are met.
5. All Cashback Bonus awards will beheld in the Cashback Bonus
Account. The Cashback Bonus amount available for
disbursement is the amount in the Cashback Bonus Account as of
the last day of the Cardmember's previous billing period.
However, Cashback Bonus awards may be redeemed in
increments of $20 only. Cardmembers have no right to accrued
Cashback Bonus amounts of less than $20 or amounts within the
$20 increments.
Only Cardmembers in good standing with open Accounts may
access the accrued Cashback Bonus awards in the Cashback
Bonus Account. To be in good standing a Cardmember may not
be delinquent (as described below) or in default (as defined in
the Cardmember Agreement), and a Cardmember may not have
used the Account for any prohibited Transactions. The
Cardmember is delinquent if Discover Card has not received a
required payment by the Payment Due Date shown on the
monthly billing statement.
If an Account is inactive for 36 consecutive months, any amount
-20-
of $20 or more in accrued Cashback Bonus avvg?ards will be paid to
the Cardmember as an Account credit in $20 increments.. if the
$20 minimum or an increment. of $20 thereafter is not reached,
that amount will be forfeited. If an Account is closed for any,
reason, any Cashback Bonus awards in the Cashback'Bonus
Account will be forfeited.
6. A qualifying Cardmember may have the opportunity to
Choose the manner in which Cashback Bonus awards.. are
disbursed including a credit to the tardmember's'AccorrAt,
check that is mailed to the Cardmember, or an exchange ofsthe-
Cashback Bonus award for selected products or.services, the-
terms of which will be contained in the offer. Cardmembers may
select more than 'one redemption method, however each
redemption and each redemption method must be-.in-120-
increments. Discover Card may change the redemption methodww
in its sole discretion from time to time. It is the Cardmember's
responsibility to notify Discover Card in the event a Cashback
Bonus disbursement is not received for any reason.
Cardmembers may redeem Cashback Bonus awards by telling 1-
877-YOUR AWARD (1-877-968-7292 (Monday-Friday, 1am =;7pm
CST) or on the , Internet at Discovercard.com.-Prior. to
redemption, the transactions on which Cashback Bonus awards
are calculated may be audited for compliance with these Terms
and Conditions: _. ;..• , ,
7. In the event a Card 'is lost or stolen, the accrued amount of the
Cashback Bonus awards-in the Cashback'Bonus Account, the
amount of qualifying purchases and the anniversary date from
the old Account will bg'transferred to the new Account.
8. Discover Card reserves the right to make other adjustments to
Cashback Bonus amounts accrued based on Account activity: for
example, any returns -will decrement these amounts as
determined in Discover Card's sole discretion. Discover Card also
reserves the right to truncate orroynd Cashback Bonus amounts
to the, nearest Cent as' determined in its sole discretion. If the
Cardmember receives a Cashback Bonus award in excess of the
amount in' the Cashback 'B.onus Account, the Cardmember's
Account will be, debited for the entire amount of the erroneous
award disbursement. This amount will be subject to the terms of
the Cardmember. Agreement, including but.not limited to the
imposition of.finance cha(9.eX
9. These terms and conditions are subject to change-withoul
notice. Changes may be made at anytime and-may include; bul
are not limited to, modifying the level of purchases required to
qualify for the various tiers, establishing a maximum amount of
Cashback Bonus award Cardmembers may. receive, changing the
amount that must be accumulated in.'the" Cashback Bono
Account before an award may be'iedeemed, changing the type:
of transactions that constitute a qualified purchase, changini;
the amount of Cyshback Bonus award accrued on certain type!
of purchases, imposing additional restrictions, or terminatir.q
the program.
-21-
DESCRIPTION OF COVERAGE
SCHEDULED AIR TRAVEL ACCIDENT INSURANCE. Discover'
Classic Cardmembers+ are provided with up to $150,000
Scheduled Air Travel Accident" protection. Whenever you use
your Discover Classic Card (the "(redit card") to charge your
entire Common Carrier Fare Ticket on any Commercial Aircraft
operated by a Scheduled Air Carrier under a license for the
transportation of passengers for hire (herein called Scheduled
Air Carrier), you automatically receive this valuable coverage at
no additional cost
The benefits of the Policy providing your coverage are governed
primarily by the law of a state other than Florida.
'Coverage is underwritten by National Union Fire Insurance
Company of Pittsburgh, PA (the 'Insurance Company"), with
offices in New York, NY. Certain (imitations and exclusions apply.
PLAN FEATURES
Benefit Amount: $150,000 Family Aggregate Principal Sum
ACCIDENTAL DEATH BENEFITS. Insurance coverage will be equal
to the benefit amount for accidental loss of life. The loss must
occur within one year of. the accident that caused the Injury.
Family Aggregate Principal Sum means the total amount of
insurance in force on the Cardmember, his or her spouse and
their dependent children for any one accident. If more than one
Insured Person dies as the result of the Injuries received in any
one accident, the Family Aggregate. -Principal Sum will be pro-
rated and paid in accordance with the claim payment andbene-
fidary provisions of the Policy. Once the Family Aggregate
Principal Sum is paid for any one Insured Person in a Family that
occurs as the result of any one accident, no further benefits are
payable for further deaths in that Family due to Injuries received
in the same accident.
Maximum Accidental Death benefits payable under the Policy, if
more than one Cardmember suffers' a loss from' the same
accident, are limited to an aggregate. of $20,000,000 for all
Cardmembers combined. Any reduction of benefits necessary to
comply with this limitation will be made on a proportionate
basis to each Cardmember up to this aggregate limit of. liability.
As used herein, Cardmember means, Cardmember, his or her
insured spouse and insured dependent children, This aggregate
limit does not replace or in any way affect the Family Aggregate
Principal Sum stated under the Policy, .
"Injury." means bodily injury: (a) which is sustained as a direct
result of an unintended, unanticipated.-accident that is external
to the body and that occurs while the injured person's coverage
under this Policy is in force, and (b) which directly (independent
of sickness, disease, mental infirmity,, bodily infirmity or any
other cause) causes a covered loss.
DISAPPEARANCE BENEFITS. We will presume you suffered loss of
life due to an accident if: you are riding in a Scheduled Air
-22-
Carrier that is involved in a covered accident and as a result of
the accident, the Scheduled Air Carrier is wrecked, sinks, or
disappears; and your body is not found within one (1) year of the
accident.
The total of all benefits payable for you, your spouse and your
dependent children from the same accident will not exceed the
$150,000 Family Aggregate Principal.Sum.
ELIGIBILITY. This automatic insurance is provided to eligible
holders of the credit card whose names appear on the credit
card, their spouses and their unmarried dependent children
under age 19 (age 23 if attending school on a full-time basis and
fully dependent on you for support). However, the age limit does
not apply to a child who is incapable of self-sustaining
employment by reason of mental or physical incapacity.
EFFECTIVE DATES. Your insurance under this plan is effective on
the later of: 1) July 1, 2001; or 2) the date you become an eligible
person. Your insurance under this plan will cease on the earlier
of: 1) the date the insurance coverage is terminated; or 2) on the
date you cease to be an eligible holder of the credit card.
THE BENEFICIARY. Unless you designate otherwise with a
beneficiary designation form, your death benefit will be paid, in
equal shares, to the first surviving class of those that follow: (1)
your spouse; (2) your children;:.(3) your parents; or .(4) your
brothers and sisters,. If no class has a survivor, the beneficiary is
your estate. You may change your beneficiary by writing to the
Insurance Company at: Accident & Health Division, 500 West
Madison Street, Suite 2250, Chicago, IL 60661.
CLAIM PROCEDURE. Claim forms may be obtained through the
Insurance Company. Claims for benefits must be filed with the
Insurance Company within 90 days or as soon as reasonably
possible after the loss occurs.
PLAN OF INSURANCE COVERAGE. You, as a Cardmember, ant
your spouse and children will be covered against injuries that
result in an accidental death while as a passenger in or on
including getting in or out of, or on or off of, any Scheduled Air
Carrier if the Common Carrier Fare Ticket for the flight was
charged to your credit card.
Companion tickets issued for free with the purchase of a full
fare common carrier ticket and used by a spouse or dependen-
child will be considered as fully charged to the credit card, if the
corresponding full Common Carrier Fare Ticket is charged to the
credit card.
Coverage is effective when you board the Scheduled Air Carriei
provided the full Common Carrier Fare Ticket is purchased, o
the travel reservation is made for the companion tickets, prior t-
boarding such Scheduled Air Carrier. Coverage ends when yo
alight from the Scheduled Air Carrier.
EXCLUSIONS. Benefits are not payable if the loss is caused by e
results from: 1) self-inflicted injury or suicide; 2) sickness, diseasq
or mental incapacity or bodily infirmity whether directly e
-23-
indirectly; 3) infections of any kind regardless of how contracted,
except bacterial infections that are directly caused by botulism,
ptomaine poisoning or an accidental cut or wound independent;
and in the absence of any underlying sickness, disease or
condition including but not limited to diabetes; 4) committing or
attempting to commit a felony; 5) war or act of war, declared or
undeclared; or (6) travel or flight in or on any vehicle used for
aerial navigation, as a pilot, operator or crew member.
LIMITATIONS. Benefits will only be payable under-one Ca
member account, the credit card under which the: Common
Carrier Fare Tickets were fully charged.
Benefits are not payable for losses due to injuu"stained while
on a trip for which the tickets were purchased with a frequenew
flyer voucher.
Complete provisions pertaining to this plan of insurance are
contained in Policy #9029072 issued by National Union Fire
Insurance Company of Pittsburgh, PA with offices in New York;
NY. The premium for this insurance is paid by Discover financial
Services, Inc., out of income derived from its credit card
operations.
Please read this Description of Coverage. Keep it in a safe place
with your other insurance documents. This Description of
Coverage (Form Number 530365DOQ is not a contract of
insurance but is simply an informative statement to each eligible
individual of the principal provisions of the insurance while in
effect.
If a conflict exists between a statement in this Description of
Coverage and any provisions in the Policy, the Policy will govern.
Claims administered by, A&H Claims Department, P.O. Box
15701, Wilmington, DE 19850-5701, (800) 551-.0824.
-24-
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COO
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-03349 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
EDWARDS DIANA L
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
DIANA L
DEFENDANT
the
at 1130:00 HOURS, on the 19th day of July , 2005
at 303 NORMAN RD
CAMP HILL, PA 17011 by handing to
TIM EDWARDS HUSBAND TO DEFENDANT
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 12.80
Affidavit .00
Surcharge 10.00
.00
40.80
Sworn and Subscribed to before
me this ??G lc? day of
wl?,-(R7? A. D.
P othonotary
So Answers:
R. Thomas Kline ??
07/20/2005
WOLPOFF & ABRAMSON
was served upon
By:
Ly puty Sheri
Curtis R. Long
Prothonotary
Office of the Protbonotarp
Cumberfanb Cnuntp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
01-33q9 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
OnP rmirthouse Sauare - Carlisle, Pennsylvania 17013 - (717) 240-6195 - Fax (717) 240-6573