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HomeMy WebLinkAbout05-4006IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff Vs. DENISE B CREE Defendant No: COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 04141059 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No DENISE B CREE Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, is a corporation with offices at 3311 MILL MEADOW DR. HILLIARD , OH 43026 2. Defendant is adult individual(s) residing at the address listed below: DENISE B CREE 134 S 24TH ST CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011300620047736 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A° and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of July 28, 2005 , in the amount of $3726.13 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $500.00 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant , DENISE B CREE individually , in the amount of $3726.13 with interest at the legal rate of 6.0001 per annum from date of judgment plus attorneys, fees of $500.00 , and costs. WE WEINBERG & REIS CO., L.P.A. 43 eventh Avenue, Suite 2718 P t burgh, PA 15219 (4 ) 434-7955 F 412-338-7130 4141059 C A Pit KMJ This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Va J%'-v `!K payment due date CARD March 12,20M Private ism minimum payment due $536.00 DENISE B CREE 134 S 24TH ST CAMP HILL PA 17011-4609 new balance account number 6011 3006 2004 7736 $3,746.13 enter amount andosed below Maass make on"* payable to Private Issue. You are ovanimit. Please pay your mirdmum payment plus $ 746. 13. SimpgN and Savel Use your DlsooveiO Caret to pay ootttt high-rate balances today. You can save money and consolidate your debt Into one convenient payment. Call 1-800.767.7389 to see It a special Balance Transfer offer Isavailable foryou. PO BOX 15254 WILMINGTON DE 19886-5254 u r?? ?r ?n ?u (r ?u?u??n r?r?u r? r?r?r) u?u?r? r (u ?r r) u?? r Address ortelephons change? Please print change 1n the apace above. 000006011300620047736037461300000000053600 Closing Date: February 13, 2002 page 1 of 2 Rate Advantage Current Rate Advantage 19.99% Anniversary date: January13 Private Issue Account Summary account number 6011 3006 2004 7736 previous balance $3,626.06 cred tt limit $3,000.00 payments and credits 0.00 credit available $0.00 purchases + 58.00 cash credit limit $1,500.00 cash advances + 0.00 cash wedit available $0.00 balance transfers + 0.00 FINANCE CHARGES + 62.07 new balance = $3,746.13 You may be able to avoid Periodic Finance Charges, see the reverse side for dL tells. 08 SPIN6801 0000063 Transactions trans. post data date Previous statement balances FINANCE CHARGES: OLD BALANCE $ 0.00 FINANCE CHARGES: CASH 0.00 FINANCE CHARGES: PURCHASES 681.48 FINANCE CHARGES: BALANCE TRANSFERS 0.00 PRINCIPAL: OLD BALANCE 0.00 PRINCIPAL: CASH PRINCIPAL: PURCHASES PRINCIPAL: BALANCE TRANSFERS Train data Post dale Feb 13 Feb 13 OVERLIMIT FEE Feb 13 Feb 13 LATE FEE 0.00 2,934.56 0.00 29.00 29.00 EXHIBIT Q Please see roltowma raoe faaddidonel inmrma#on.QasitloRS7 Call i-M 4P1-CARO(1-600.474.2,' ..r DISC xvf Eff - 1 CLASSIC .t i -' IMPORTANT INFORMATION ABOUT YOUR ACCOUNT CA"MEMIER AGREEMENT - The terms and Condrtioris of your Acmunt indud'mg how we mkulatr finance carper our feet and an Asbiiration of Dbputec action. You hive the right to L • rryeR the erbftation prorislon whh respect to your new Attaunt whhin 30 dsys after raceiving your Cart( -' Ar erphsinrd in the 'Acceptance of •AgreemrnY section ........................ SEE PAGES 7 - 14 PRNACYPCVCY A sun mart' of the personal infontation.we roiled when R may be dyed with other; end how we ufnguard the confiderrtiaT4y and security of information. You may han7t our sharing of such information wRh others......... SEE PAGES 74 - 77 1• gru_wG 8167.175 - Impor7ant information about yoto rights and our rerponsibi Nei under the Fair Credit a Ming Art ..... .............................SEEPAGES 17-73 CASFISACK SONisS' TERMS AND CD MMONS The tentu and Wnd1thm of the Cashback Some award propr anv inducing a desci;don of how your award is mkulated and how to redeem it ......... .............................SEEPAGES 73.27 DESCRIPTION OF COVERAGE The terms and rondhior's of the Scheduled Air 7ravel Atddent Insurance that it provided at no Charge to you when you use your Card to purdtaTe sklme tickets ..................':..... SEE PAGES 21 -24 O ZM* Dkz Xwk Mw bw FDrC saspC7D4W1tt1 ! . EXHIBIT B i s a-?...:.-:.•.•"....w.e... i..s:...'.? ?. ?....: '.ter' +t-..r,:r.^-:i-ut 1Ga' z -?.._u.? ? J. k' .. •sc?ii.i? _ .r indoeGtyr 3) hdectiDns ofmy kindtregecdless ??ibp esrsp[ baewidinfecti?rs that vq ¢e[tlytaraed ptomaine pD6Dn(717 Dy Mac'crderteln+t;rx.w?v9d i and in the abecm of any undedyinp kl:neem tom,dit6n indud1eg IM not-funWiD dia .4) m xn m?ptumrv to clan TA a fA?r "51 vuJr? W 3tt a vat undedvetS: or (? trsv`ei ev;ffrQhi; ..PAP., acrid naviQetioq et a p11 Dperjttar igb;2w memt I.IMtL47'IDNS,SBenef"its _wi?l,dnlyba f+a'?+ndn TMmber iGSDUrit tF+e ?i?-,{?JdWnden,.N'I?ICfi.Tf? on a tip CarrS? FiR T¢fels wendv6y.'"?ii?e'?d ?? j-:? fir %Nch tt.e ticket;j4i npuriMied'wri v fTi>;urr>t CDmplnv prov¢iors pertaining m this plan of hwMAre an contained in Poky P902gD7t laved by National union F"ve incunnre Company of MThburgh PA with offices in New YDrt, W. The prenuum for this imuram k paid by D"rstover Financial Sec' mt, Ind out of income derived from ft uedrt card DpentiDrs. i Piease reed this Dntriptiph of Cmertpe. Keep it in.a safe place 1 whh your other kaurante documents. •fhk >--;rApptTivn of Coverapt (Form kumber S3D3aSD'b0 . it riDY`.i vo u;n"U knvrarKe but k simp)yin 1nfDfmativi rutimentctb eiyfi•efigrble Individual of the prindyal prw;imti'cfut msunn?e'e+Fiie in effe L if i wnflici Wru between a statement in this D c iptim of Coverage and any prw'sions in the Perry. the Polity will gomm ' Claim adminatered by: AEH Claims Department P.D. Sax j 157DI, Wilmington, DE MSDwMl, fSOO) 557-Mk . I .5, .f CARDMEMSER AGREEMENT Pbese nod thk Agmarutm nrefuily bet"' udnR your D•bwne Card A=Wft It mnlaba the terns and magfws of 'ek prw?' to you A the vvetrt at my d"df cm thk Apretment shel iwdrei. Fh mpbm yov privagL See the hrh' Sactkm m page 10 end wa privacy Miry for adddmw wwmatim, The Arbbratim of Dkputes Section Dn FOY' 12 bdrrdes a waiver' of a number of rig M kdu&v the right m e pvy trial CARDMEAf6F]I /.faRFfhfEh'f Agreerhent Tam .................................. 2 AaeFrarm of Agreen Bent .......................:... . 2 L1te of Your Amourd .......... ....................... 2 Atdrorced Users .................................. VneuOffked We ......................•........,.. J CreditUrrA-AwMbltCredit.......................... S homke tD ray ..................................... 4 mbrrthly MR Statement ............................ A MDrdriy )eymert Dptiota ............................ e - efmimum Monthly reymtrt .......................... S • Credit sabrras .................................... S 6abnm TtarOm ................................... S Finance choper .................... :............... S hrbodk FlrA= fhargci ............................. 6 Defaul We Man ............... r..................:.9 "^ _.~... Cady Advance Twoc6m The Finance Ma t .6abmv Tnn{fer Tr%mbctien Fee Fiona turps ......... J W"mum Fk*m CMrga ............................ J Retuned Chink Fee..r .............................. D ketemed D'scovc Card Cheri Fee ..................... f Stop Paymers Fit .................................. 9 Late Fee ....................... .................... 9 PeybyPtrone Fee .................................. 11) Remarth Fee.....:... ............................. 1D Over6mR Fee . . ID .............. Ddeutt•Aaelera$oa{a1leNon Cots .................. 1 D ' Can?cepatiwr ...................................... 10 Mscy...................... Electronic Cemmuniatiors ........................... 11 Credit Avdrorhatiors ............................... . 1 t Chvge of Terns ................ -- ......... ..... 11 • OArTe of Addren ................................. 12 Aalgemwt of A=wn ............................. 12 Arbfm6n of Dkyvtea ............................. 12 C.Mrsame vhth hstwwt Rate L•rmitationr ............... 13 %pverKm; Law .................................. .. 15 -1- i i •• ?+. .?.:?.i.r w..rvw?/.?b:?iii?.xs_mn?.v_r. _..-.-...e-.?._?ee v..Lm 4?•?._?+a_ i..r.e-e r.r?. w A6?.EEMENT 7ERMS. The word -Account' mum your Disc" Card Account The word 'Card' meant any one or more Discover Cards issued to you or someone else with your turhori ruction The woh i'you', your'. or 'purr' refer to, in addition to )%k the Cardmambis; hbz mmmracluilN 1610 do ft other person or Agra merR The words 'we't 'Le and 'Our' tefer to Dixs v bank. the issuer Df you D)srovar Card. The words 'Authorimd User mean any person whom you authortre to use your Amount or a card. whether you ntottiy is or noL The wDrck Fricing Schedule' mean the rd and rst)np the Finance donvnerd rcmm Mo. Chap rates that your Account The Pricing ScAcdute is Part Agreement ' ACCEe UAa OF ASREEMEWE The use of your Atcoutt Or a Ca by you or an Authorized User or your failure to camel yD Account within X days after retaking a Card, =am you acre this Agreement it dodmg the Arbitration OF Disputes pro vns r on page 12 Your me% hmvvK rejed the Arbtnrlim Disputes section by provudmg sea a nodC1 of rejection %* hire drys after rcceMnp a Card, at the following address: D' Card P D. Box 303k Sell iota Crt1s UT Ba13D-ML d you we iueviocaiy nub' to arbitration with r?psct m any Accw the r ht to M. arbivatim will not appy tD you use the e OM the A¢wmi he been reopened or rettrement Cards a sent to you. Your ejection notice must nchrde your nam occurs. telephone numiieG Account number and ciggnnatwe an mud not be sent with a bites cometpondence Calling w to hndhate that you ejed the Arbitration of Dispvtn section sending a rejecsan native in a marmer or forma that does compy with an applicable requirements it kuuff¢krt notice. not current Authorized Userm use your Account or a Grit, you must order to wke, we esquire that the notice of dtidr??aed draw ?hahu oor rParty. uail/ Itio Yaw rag porwbinties undo this Agreement or your Dbnga u a arbitrate deputes order any o? agmurt as to wNdu yDU and d we e hive agreed to hrbalirm dspsrtes, N you do raw send a rejection notice, you will be 0 b6grted by the Arbitration of D'uprrtes secion with respect o thh and arttryy prix ?aotnM you have had with w, even if you have prm iwafy sent a rejection notice with respect to that prior USE OF YOM ACCDUNE Your Amount may be used for • P.srdrass - to purchase ar )eau goods or serves from number tmg mcrthxM by presenting your Card or Account • Cash Adwhrus • to obtain rash advances from participating automated tiller michihm financial irathrtions r Other btaSors, or by meam of checks which we may furnish to you, all in a¢brdnrce with such additional terms and condrdam as may be imposed from time to time •Balance Tramfers-totramforbalancefromotherutd), or to mate Other trantaction by meant of balure trander coupon r chef; m attordance wkh such additional to and conditions as we may offer from time to time In iddtim4 your Accmunt may be used to guarantee reservation at participating tM6luhmeraL You win be Rabie for guaranteed resen atmms that art not anmled prim to the time spedfe,d by the esubahment. Your. Account may be used for personal, family, household and cherhible purposes You Account may not be used to Obtain loam to purchase, curt' or trade in seoatdes, or to arty amount you owe under this Agretro" ('PTpayy Ahbhed Transaction'). Prior to its tae, each Card muri be shined by the pwum t whom B it issued. we are not m ponsdde for the refusal Aa neon to aexpi or honor a Card or to bout cards that thou t prasaded you. You meat return try Card or unused checks w upon request d a merchant fans to provide your purchest to ymr satisfidim and, a you request we love a credit to you AunuM you vn'B pt r gigue u agree teeprovide us with written midem Of 30 described in the Wiling rights summary on page 17.IB and on stover the bad: of your monthly billing statement apply Only to credit re j card transactions. This special rule for etch card truwrtiom rut does rat Appy to po cases made with a balance trardr dud vent I Or cash aghvanr . Therefore, d you have a problem with the amount due °f AUTHOMED USERS. If you wart to cancel the authrhty Of a ^ ; {oast than TO pay amounts owed) may be emertUed by any T { be doomed to home aligned to us your claim agaust the u i merchant tn*or hay third putty for the credited amount. Upon assignment. d Your rights and respomibTties under 11ht Per Credit Billing Arc re quarrtv of goods or serAr a that you purchased with a balance i ir e a r dream rash advance Check or the pDoretfs of a rash d tdvtme,y?•OOu do not have the right to withhold payment of the i notify is in writing or by telephone and desbop a rd'irh that ppersonY Pouesxionu None of your rights under thh Ca Agreement person not a Party tothh Agreement acting pursuant to a pow i of attorney withDvt our separate written agrm ent which we are not obligated to give). UNAUTHDRUD USE if a Card h lost m stOler, or if you think that sorreone is using your Amout or i Card whlh ud your permisciOM notify is immediatev You can notify us by tekPhOrding 1-ODD-D6CDVER f1-$DD-347.2fF3), r by vatting DISCOVER CARD, PO Jim WS6. Wrlmingto^, DE IM;-ItML You agree to assht rat in determining the facts relating to any theft m pts"15le tmeudhorized use of your Arrovnt X a Card and to comp yl with such prorsdures as we may require in conritrdon whth our investigation. d Dur recards Sato that you have enrolled in an automatic billing arrangement such es a mbmhy gym mtm!>vMip, we will attempt to provide you new Account number to that mertharn Hbwemc if you no longer with to CDnt)hve the automatic bnrmg amnprrer% you must contact the mertiuntdirecty. CREDIT LMIFAVARABLE cuxc we win tdvat you of you Account mdh limit We may impose a lower Trinit that will apply .. to cash advances, referred to as the ash advance cede unit. You agree not to allow you unpaid batons, incvding Finance Charges and fees, to exceed your Accourt cede 6mt it you exceed you Account credit limit we may request immediate '3' payment of the amount by which your e=rr-d yrnu Accourd . • - credit Funk . yVe may. or dbmwe your Account treat nrnft or pov cash advance credit Omit without notice. The cedt milable for yore use may, from *W- be her than yourAaount credit For as of FimR. ptupos termbring your avaB?ble crtft we resenmthe" • M to puaporu iw up to is business drys reducing your unp.id larcer t>y the amount of any Payment the we •- receive. Your avanabk credt will not be Increased by the .. ..:. ?+ amwtst of any credit balance. PRD"E TD PAL You agree to ry, u in US Donors for an pundhuet cash advancer and balance transfers indudmp applicable Finance Charges and other charges or fees, incurred by you or anyone you ruthorbe or permh to use your Account W a Fart( even ff you do not AD* us that other; are Laing your Acc aura or ? lard. We vn7 wnvan purchases and cash ?dvences made in a foreign crrenry to US Dollars at a rate misting on the date of ronversion. N you pay ur in other than US. Dollar; we may refuse to adept The payment or charge =checks our cost to wrwen your paymerd to US. Dolla>z An checks mum be drarm on Undt en depose m the U.S. You may not use a cash advance check balance transfer chock or cmporr. er anryy other I prOlNeA nal had: drawn on any Discover link credt card I account m make payments On your Account l If your Aeau t b; & )*A Acwnt each Of you agrees to be sable t individually and jpediy for the errth amount Owed on you Amount We can accept tote ps cot or pardalpaymems or rheas anti money orders marked etgmem in fun or with any other restrictive endorsemvd without losing any of our right; under ft Agreement. •4 when tlr_re are twvo initial special rats appnmbk to your Aanut and the tower Annual Pecentap tote win expire before the higher Annul Percentage We. MRitdUW MDNTHLY PAYMENT. The Nfmimum h m Due each month win be the Win of ?ry amount pea due and the mi=n nmfh¢ payment. The minimum monthly payment eawink the greater of SIOM or 150th of the New Balance, rounded to the nerd higher whole dollar amount if any ANKIAL PERCENTAGE RATE appnmbie to your Aeourd a greeter than 22.99!4, you minimum morithly payment win be' greeter of S 10 or 1ldSth of the New talanm, rounded to the next higher whole dollar amDUm. Regardless of the Annear PtrMrIt%gp WIS en your Account, V The New Silence is its Than S1D.K the minimum mocnhfr payment will be the amount of the New Balance Paying the Wmum Peymerd Due may be inwffideM to brim V" Atmum balance blow vour Actnuni Ina v.TrlhMR Fee dtWIPed in the On:rf'mirt Fat Section We mat from time to time aflow you to not mate a minimum mon%d payment and win notifyyrnr wham this option It avaflablL If YON take advamage of the offer and do not make a minimurp monthly payment, finante charges and any appricable few win accrue on your Account in acxnrdaret with Thu AgyttmerA and you mtat pay the NGnimum Payment Due for the following bitting prrio CREDIT BALpreM we wig refund any credit balance wf Ht, sewn btairuss days from receipt of your written request If you do not requast a cefvnIt we win vinumatially refund credit balances greater then S I:DD which rennin in your Atrovm after two biifIng periods'.. MDNTHLY 9XINS STATEMENT. Unless we waive our right to do i BALANCE TRANSFERS. VA may periodmty offer you the oppoT- so,, we will send you a bnfng statement after each monthly oinily to t»nsiv bate mar from other creditors or tin make other biting period in wfnirh you have a debft Or credit balance n} , trensaeliorr to you Account by means of balance trarufar S1AD or mrosL The Mn2 nalernem will show an purchaser, coupcus Or rhed:c. Each offer will contain an initial special rate, rash adwKes, balance trandem Finance CuTgs and other which win be the Annual Percentage P.M that will apply to charges or fed and of payments or other credits posted to you trasfened balances for the time period zpecfird in the offer. Account during the bill mg period. It win show your New nrbjed to the Default We Mar, Section, and may contain a Balasde, Minunum Payment Due and Payment Due Date. Balance Transfer Transaction Fee Finance Charge for each MDNTKLY PAYMENT DIRIDNS. You may at any time pay the balance transfer made during the term of the offer as disclosed entire New Balance shoym on your bgfing statement, but each in The Dfitr and as set forth in the Pricing Schedule, ilappnoble. inrfened applies { of 7h¢ time is will the annual Perrentape After the month you mum pay at Itart the M"mimum Payment Due- All We that expiration payment; mean be made in accordance with the tams, including bit laRatences Balance e t trans purchases sd will apply to tranate are the payment MAO time, stated on you monthly bilnn9 state- sfers subject arSf the initial enn eteetiat me are merit and we will credit you account in accoTdanre with those Which The atte in rate s spacialrate bat e has Ua, a ire to to toms in addition, wee reserve the Sight it. dh"a those terms ph`i`ts e balance nte tramfers. Each off Tc or er re referred n an without prior nD*L 1Ne win apply ppayymments and credits to the tr1°ze rat b will contain an New Balance shown on your current bftlrng statement in Order Of the An" Ptrcentage We applibble to the balance of each transaction category fit referenced in the Periodic Finance Charges Section), from lowest to highest btoinning with the balance subject to the IDweet Annual Percentage We. We then apply paym:ms and credits to any new trersaGrord using the I came method However. we have the right to apF>ly P+Nn 11 and credit to balances with higher annual Permrttagt Rates prior to balances with lower Annual Percentage Rates, such as -a- tzprauon dqi d you attempt to trandet balances by meant of a rhrd: after the expiration date. we will Tr_st the transaction as a cash ad.•anke, We win not make balance transfer; attempted by Marc of a coupon after the expiration date. FINANCE CiARGK Yov tin amid payment of Periodic Finance Charges on new purchases if yOu pay the New Balance shown on the bTifng MTemern on which tfie purchase fun appean by the Payment Due DaTL and the Paymhvhtt and Germ on that statemtnt equal w exceed your Previous Balance. We otl thrt -S- the 'pmt pethod.' You do not have a grace period on balance Transfers Or cash advances. Prnodhc Finance Charlies are imposed on new balance Transfers and ash B:l", S beginning with the _ date the tranocti= occurs. nZODIC FINkma Oi SEL Periodic Finance now art imposed on ag transactions until the date of repayment. Repayment ratans payment of your, entire Raw Balance. tlvoe It you 7 the New 8ahna shown on the current billing rtrternent q the Parntnt Put Dint, and the Payments and Cndts shown on this statement equal or exceed th•e Ptevioett Balance, we wig not impose Periodic Finance Charges on new pzxch s, that 4 purduss first appearing on the current statement Dtherwsce, you will receive a bitfcny Ybtement the next month that includes Periodhr Finance Qarges imposed onto the date of repayment we romps" Prnovhc Finante than u each a. cash advanctt, and balenre, tlo art (which troruattion cafeppones) by using the folio Avenge D%)if Balance s number of days in thl Dagy Perin c We. (You may refer to the tunuaaq vat the front of your bifgnyy rate amowliJ Thew we add ag the Periodic Finance ttansactfoa uugory To get the oral Periodic for your Account The Avenge Daily Balance IS no Periods: Finance Charges apply to the balance Wtpvril 3 for purchases, T refer to as shown as in a trap We use the two-rydt avenge daily balance linduding new trensa66ord7 method of alwfaimq The balance upon which hw impose Periodst Finance Charpec This means hf you did not pas the New Balance shown on The beginyD statement you racer, during the previous bilfmp period by the Payment Due Date. we wig impose Perivec Finance Charges on new purchases That first appeared on that bidinp rtinement.as well u new purchases tut fast appear on the arrserd billing statement unless we already imposed Periodic Finance Charges on the purchases on yvw prrvhput bilgny ttattmtnt We compute the ovens daily balance fur each tnhsarTOn category by adding up of the deity balarces In a billing period for a transaction Category and dwidmg the total by the number of days in to billing cycle. We compute the daily balance for each Transaction category on each day by fast adding the following to the previous day's daily balor,= transaction; made that day, fes charged that day and Periodic Finance Charges accrued on the previous day's daily balaw and by than subtracting any credits and payments that are ap?pf(e'd against the balance of the Transaction wegory on thin diy.)n calculating the daily balance for the pre«ioui tilling period we consider the 'prtvious day's deify balance' to have been fro on the fiat day of the binning period. Special rate balance transfers and Balance Trarafer 7aiuadfon Fee finance Charger tee included in the daily balance of the balance tmsitr tnnsacaDn category galanre transfers that were sybjed to an inlibt special rate That has been terminated due To a late payment or because your outstanding Account balance exceeded your Account Cledd Unth ere else included in this category hmfg the initial special rate otherwise would have -r- exptted. In calculating The deny balance of the balance trarufer fianattion category on the first dry of the billing period, we subtract the unpaid balance of thou Balance Transfer Transaction Fee Finance Charges and balance transfer; that become purchase rate balance transfers on that day And wr add. that unpaid balance to The balance of the purchase trtmanion ateggxy. All fees charged to your Account art added to the purchase tn"rhon category wfth the exception of Cash Advance Transaction Fee Finance Charges which are added to the ash advance transaction ategory and Balance Transfer Tnnsacu'on Pee France Charges w£ndh are added to the balance tramftr traraatzion ategor? d a tnmartion Is posted to,yoa Account after the dose of the bimhp period in which h occurs, we wig treat the transaction as having occurred on the first day of the b'Amg period in which B is ported To your Account ft) Pate plans The Deny Periodic Rate and corresponding Annual Percentage Rate that apply to each transaction otepory is either a foed rate or a variable rate as set forth in your Pricing Schtdu)r. The Daily 1 Periodic late is tl35Sth Of the corresponding Annual Percentage Rine_ The voriible Annual Perceraapt Pate for ? Transaction ateyory is determined by adding a specified number of ppeerrctentopt points U the Prime.Ratt. This IS shown on the Pricing Sdheduk as 'Prime F (ptrctrrnye Pound.' For purposes of disc Agrtnrtent the Print Rate is the highest me of interest fated as tit 'prima rate' in the money rates section of The MRStrrrt Journal on the lest bmintsc day of the month. The Prime hate is merely a pricing index and does not reprvers the lowest or best interact raft avatlabit to a borrower at any, }xnt at ;ny given trims. Your Annual Percentage kale win Increase ar decrease when the Prime Rafe changes. This change will be effective beginning on The fra day of the bilgnQ period that begins during the same momh as the lunge in Prime Rate. (2) Annual Percentage Rate for Purchases We may have offertd)ou an Introductory rite on purchases. The irmoductoty rate IS The Annual Percernapa hate that wig apply m purchases for the time peirvdspe?ed fn the vMrr. subjKl-to the Defeuh Rate Plan Stction. After exp'nraTon of this Ome period, The Annual Prrtrnage Rate for purchases will apply. The Dailyy Periods notes and corresponding Annual Percentage Rata in eifeR an the dolt this Agreement ¢ fvmuhtd to you are sat forth in the Pricing Sd,edul_ D) Annual Percentage Pale for rash Advance The Daily Perivdh[ Rate and corresponding Annual Percentage Batt in eifed on the date of this Agreement is furnished to you are set forth in the Pricing Schedule. (4) Annua) Percentage Rate for Balance Transfers The Daily Periodic Pate and cntrerponding Annual PerctrUcit. Bate in Na for special rate balance Transfers will be set forth in The offer from is under which you make The balance transftr. As indicated in the Balance Transfers Section above, purchwe -7- rate balance transfers w49 be subject to the Daily Parodc I and corresponding Annual Percentage Rate that apply pudaus and the Default Rate Plan Section. The Daly PeriDd¢ Rate and corrnpondohg Annual Perterr, Pate in effecl on the date the Agreement is furs isFved to you set forth in the Pricing Schedule. DEFALXT RATE PL AK We wig review your AccmM on the day of each Milling ptrnd to determine the Annual Percent Rater that will apply to your Amount In reviewing your Aran we wig lvtk At the current billing period As well u the prevh eleven 6MM ptriodt. Any increased rate described below h aeoly bWeinina with the firA day of the b71'mo Deriod in wh balmym transfer that we have previously offered tD 16du6oN if fie standard Annual Peranhge Rite for pu it lea than 19.99% and during the immedately pre el&nn billing periods we did not receive a required ptym the A nt Dirt Date, then- the Standard AI PERCENTAGE RATE for purchases will be increased to 79J Daily Periodic Rare of Mtm%1. D MMUnd ing balamt e;arsk your Aunt uedd i of 1* car We review your Account and yosr au= balance ="tied your Account credit limit at of the last any billuhg period in the immedately precedng eleven Periods, triter arty inhW special rate on balance transfers by htrndvabry D; promotional rate on Purchases that cur ipplits to your Amount and. any rush me that we nerviou sly Dffered to you will terminate and the sta. Annual Percentage Rate for pwd,asn wig apply to the bs A your balance tmnFftn and purchases At well as ntrodi" or prurnmicoal rate Day purchases and any Decal rite on tAlamr tremftn that we have oreviosniv of 3% of the amount of each new vhsh advance. There is a minmum Cash Advance Tantanicm Fee FKANCE r-"'GE of 15.111) and no mas)mum Cash Advance Transaction Fee FINANCE D;ARGE,- The imposttfon of Cub Advance Transaction Fee Fnaryce Charges may rerun in an Annual Percerage Rate for ash advances that is higher than the nominal Annual Percentage Rate. All fours of aA advances, indudmg the use of Discover Cud dyed , regardless of the'purpme for which used am;ubien to Cash Advance Transaction Fee Finance Charms To obtain the total Finance charge on ash advances fDS each billing period, KT Add Wry Cash Advance 7rerimtiDn Fee Firance advance tranwcdw, category. ACTON FEE ANAN1E Cl-"GE5. If you receive contains a 9alance mce Charge. we will charge you A Fee Finance Charge for the amount DreADWy offered to you, will tamhinate and the vandard; of each balance transfer made under that affes d there is ? Arv Percan'4ye Rate fur purdases will apply to your balance 9blame Tranrfar 7ramaetion Fee Finanue Charge )n conjunction of balance tratr; and purchases a well At any irsrodurtory or' with the offer you received when you applied tw an Amount it rMotional rate on purchaser and any initial special rate on Will be in the amount set forth in the Pricing Sdhtdult. The if we did not receive a required payment by the Payment Due Date during the Wimp period in whic h we rrview your AccDynt, then any initial ;pedal rate on balance transfers and 'any intyodu[ts rf or promotional rate on purchases that currently applies to your Ammiall, and any svch rate chat we have purchnes wit be herraxed to Ice :9% fa Daily Periodic Rai .DSAT7%). if your sandard ANNUAL PERCENTAGE RATE for purthan Is than 2439% and during the anent and immediately preen tkven 5111mg per)Dds you either failed three times to =1 re iced palm ent when due or exceeded your Account a Omit three Times as of the last day of a bilingy period, then standard ANWAL PERCENTAGE PLATE for purchaser and for t advances Will be increased to 24.49% )a Daily Periods Rats .D6642%k WH ADVANCE TRANSACTION FEE FINANCE OWGES. We h charge you a Cash Advance Transaction Fee Finance Charge N! imposition of 9slanct Trarear Traraction Fee Finance Charges ter t may result in an Ansuai Percentage Rate for baance transfer; no: that is hightr than the nomnal Annual PerctnUpt Ram To by, obtain the Bola) Finance Charge on balance Itareen for each AL billing period. we add any Balance Transfer Transaction Fee ja Finana [herpes calculated under the Periodic Finance Charges section for the balance trareas trambElion category. A; MIUMUM FINANCE OiARGE. We will darge you a minimum I FINANCE DWGE of 1.50 for any billing period in which tome Df I IFIWAMCE CHARGE of less than 1.50 would otherwise be impo;ed. 'D RETURNED Ca%CX FEE We wig dharpe you a Retuned Check Fee of 129.DD each time yyooV For sal with a cauk that , retvmed ?' uthpascl. This fee will alro Epp d a debit tnwction U a deposit d account from which you wt authorized us in writing, electranIUDy or orallyto perioditaDy deduct at or a part of in t amount you Dux in under thhs Agreement is returned unpaid. we wit charge yDD the fee the felt time any payment s f returned unpaid, even If It 4 paid upon Tewbmisuon, s RETURNED DISCOVER CARD MEa FEE. We w9'g charge you a r Returned Orctk Fee of 129.DD each time we decline to honor a r Discover Card crA advance check batarce tranrfrr check or other promotional dark. STOP PArMFNT FEE We miry charge a Stop Payment Fee M $IS.DD each Jima we stop -payment at you regent on a ash advance dhrck, balance transfer dud; W oth,c promotional deck IATUM We will tharpe you a Lite Fee if you have failed, is of the PLvinenl Due Date, to make the bfinimum Payment Due that was re ifed to be paid by that dote. The amount of the Late Fee it owed on the sum of on c,,wxndng pvrdaa; ash advante; balance transfers, other tfurgn, other fees and Finance Charges of the tnd of the bi)tng period. If the sum b lea -3- .... .. J'Y. than S IM The Late Fee it $ IS. N the sum it =pal= or great Than $t DD, and Irk than S IXD, The Lots Fit Is SZS. K the sum equal to or greater than S1,0DD, the Lett Fee •s 333, PAY IMMIDNE FEE We may from time to time allow you t make paymero by authorising us over the Telephone w transit or pay fundt from a dtpodt account to your Amount We wi charge a F•sy-by-PhDne Fee of SIP for each rude transfer a paymmit RESEARCH FEL Wr may darge you a Rstarch Fee of SS.DD fo Bath copy of a Mil statemerrt or ales rrrp that you rquesi HDw•evey we will not urge a fee if you request copies it ronneaion with a billing error. DVERIJMIT RL We will tutee M an Dvedrmit Fee each time That of of the dose of a billing period, your Dtmtandaw Auaurd balance weeds your Amount credal Emit This fee may be charged even If the t imsartion which rotas you to esxeed your A¢Dunt Cedd molt It authorised by ca W K yDU exceed your Aawm tredh remit due to the posting of Financq Otarps m' its To your Amount Ttu amount of tha Dverrr* 1te e based to the rum of an ouUtphdeng purchases, cash adoncet„ The Dverfimlt Fee It STS. K the sum -s grrater the Dvarrunh Fee Is S3S. TACCEU&MON{DUECftON COSTS. You are in de ecomt hsDHent if you file a banbuMe pet:?ion r S againtt yob if we hive a reesorubBef t ID, x uenvitrmg to repay your obligatiors to us; K ym f incompewat by a coot or if a court ippor for you or a cpes"im for you asset; K you d taNng to make a required payment when aloe, exceeding y Attmal credit Bmlt or using your Card or Account fo PrDhibltrd Tnnurtfon. K you Art m defiuk we may dedare entire balance of your Aammt immediately dve and pep ,without notice- K we refer the mliection of your Amo rd to ammey or employ in anomry to represent us with regard recovery of money that you owe u; we may Burge i reasonable attimeyt lea and court or other mRection Lass pelmi d by law and u aRUany insured by cat We may de. enfarrrrso or not inform any of ow rights under the Agrrxme widwtm TDSIng or wafering arty of them CANCEL AT IM You may cancel your Amount by notifying is writing or by telephone and rttvmingg or dertroying rw..ry Cs and tm ned check that wt hue prwmi your. Df course, you w Sul be responsible to pay any amount you owe ca accwcring the terms of this Agreement K your Account it r joint Acmur each of your may camel your Account We may cancel or suspen your Astourrt at any time without notim We may choose not t renewyocar A¢DUnt (beyond the acpiratian date Shown on th fart oral a ung wizhm notices - PRIYACY. We respte The privacy of information about you am your Atmur2 Dur Privacy Polrry indudts a-summary of thi ptnonat WDrrnstlm We mnem when h may be shared wed - tb- how we safeguard the cor6dw7tnrrry and.smurhy of tion and the steer you may take to limit our sharing of rte your Cardnramlxs Agreemem As inTe" iii our Prmry d Polley, we may report to vedrt reporting agendas and other r mdrtors t!e natsrs and payment history of your Acm^ II caseat negathe credit information. we normal U" port to r ing' smuin stdd rz, Etc agencies each montlL if you .that Dur report of your Amount statur It inacnuste or incamptete, pkse write to at the #ollowinyy addreitc Di;mw Card, PO Bor t537B, Wilunington DE 79BSDWIL Reese include your name, addrea, home ielephore number and AMMrd number We may from Time To time review your craft emplaymanf and income rtrorck Our persarmtl may Win to or record Telephone a0s between you And ow representatives in order to m1uate The quality of our servim to our Cardrrembers without nolitt To you. We may use any medium including bus net limited to met true telephone call; automated telephone equipment prerecorded talepbone "ath, and a-mal to mntatt you about your Amount or offer you products or services that may be of vrfve tit you. d u grater not to be wntacted in one or mot of these way; 0 6 us at t-BD0.225-SM or write To us at D'a:mves Grol, P.D. Box 3D951, Suit take Citf. VT 9413D-Mi. We NvAdt varioa methods by which you can obtain informitim rbart your Accourn. V+4 VAR only ntease suth information to you, any Authorised User that our rerords Indicate is ¦n authorized buyer on your Account and any other person with your prior ptrMiWw; in addudOn to a provided m our Privacy Policy or as cat required by IaMC our security meatuses unrrol insure against re vrhavthorized inquiries You agree that we win not be a responsible for the release of information to anyone who, even or if whhrvt your sutihDrizatiDn or permission, has gained v poaersim of a Caid a has learned other identifying 9i dsaraltrirss about yyoou such a your personal wentifcation a' number. Atmunt number or social security rrumbtr. k ELECTRONIC COMMUNICA.TiDNS. We may Dffm you the n Opportunity to receive certain notices from M tletironrally other than through The mail, induding unandtly .billing ° stetemtnn'and change of terms notices. The terms and mndniors for receiving these eiecte nic communication win be d-saibed in the Offac MEDR AUTHORQATIDNS. Certain •oarsatti= roil require our authDAz6on prior to completion of The Traraaeti°n in some sae; you may be asked to prowtde IdenriftatlDn n our ¦udhonution system is not working, we may not be able to authorize a tretsartbm We will not be liable to yDu •d any of these events happen CHANGE OF TERMS. We may change any Term M part of this Agretmtm inducing any franca charge rate, tee M method of mmputinq any batanca upon which the fmnante charge rare is ., aaessed, w add any new Term rte to the Agreement by •, sendrry you a written a elv= is y° dell"red notice at kit Is days before the rhange it to become effective Wq may apply ary suds change to sits outstanding Whhu of your A==t oo 'the effective date of the change and To new dhrrgs made afttr -IT- flat date. if you do, ' - :-: ' - ' in willing or dean . : • ' : iha-notka of Chung ChWVA, in Which CIO - . ..._ -' pay its the balance 1 _ - -:'•t=rh..• 'i the unchimpW Agri t:.• c• • ! the dnah,gis in thi ff d f N " { . ,. eorre L aft O I . -•i' new Tema AS of n notified is that you `:'?'trs: ^•'*Tt-Tf•f MANGE OF ADRRE rif)roia nei • ;; ? t l;' ASSIGNMEIM ACl - ?*?? oP any Ifwti (if oar"sw.es3 NetI[ • Our prior wrdten?oli ARSITRAMDN OF DISPUTES- In the event of any part, preserrt or future claim or depute (whether home upon Contract tort 313UUk Common lasv Of equity) b9hVetn you And M arising from or relating to yyoosvt Account any prim acrCurl you have had with s4 ydur aPP=k3t n, the relationships which rtsuR from your Account or The enforceability or xope of this arbitration prDviumt of the Agreement m of any prim agreemem- you or we mar rtM to resolve the Claim m depute by binding arfaitTabop F EITHER YOU OR WE ELECT ARBITRATION, NEITHER YOU NDR WE PWI HAVE THE Rlfeh'T TDIITTGATE.TK& C-431A JNLDURT DR TO HAVE A JURY 7RIAL`DN TRAT CTA)k 'PRE-HEARING DISCOVERY RIGHTS AND PDS'f HEARING APPEAL RIGHTS MU If IJMRED. NEITHER YOU NOR WE SHALL BE ENTT77 fD TO )DIN DR CDNSDUDATE CLAIMS 1N ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WtiH RESPECT TO OTHER ACCDVNTS, OR ARBITPZE ANY CLAIMS ASA REFRESENTATra CR MEMBER OF A CLASS OR IN A PRIVATE ATTDRNEY GENERAL CAPAOTY. Even R an parties have opted to f6gate a dnim in Court you m wr may eject Arbitration with respect tawny claim muds by a nLw Party or any new daims We anesTtd in that lawsuit; and is nothmg undertaken therdn shall' constitute a waiver OfAny . rights undu ft arbitration prtr icion : ax.i•:,•" .....-, :'; o- We nAl not invoke our eight to arbitrate anincmdubl clairri yoU j. bring in small dolms court oyour nite'i egiehvaTmtr'Diird;-ifany', 1 So )c, ? AT the dalm kpending only_inxhat rDDC anduioer'nm r c¢ted SS;DDD.Ir4-' _ d in BD6352.52M'w W-ist P.D:•Box 044 t, MinneapDla; MN SSADS (phone T-BDDi74237d)•''F•tfyour'writtefi=:regLestr. we: will advance any arbiVation filing; admin'rnrative and hearing fees r2_ Miidn you t as a result p requests to The for rmro, m nearmg feet in an Dig Combined court Ccra it rtsDh ed in a net Court vrmicaw [bon. In no emni or torts inosrred by is in r h„vhunahS vecaomwur De Hoar Via orvng except Tor any MPP^-al right under the FAA and except that if the Amount in corfiDVersyy nardc SiDD,DDD.DD, astir. party may Appeal the award within 30 days to a three-arbitrator parr) which shall Tevmw the ?ward de ndvo. The cosh of such an appeal shall be bOrre by the app[arng party regardless of Dumome. Judgment vMj) any award by the arbihator may be enforced in Any court Dur right and obligations under this arbitration provuian shall inure to the bench Of nod be binding upon our parersi Corpo- ratiwa, rubs'PATIes, affiliates finduding, without limitation, Discover Financial Servtcm )nc), yredetessors,-su¢enor:, ass. rat is weg As the Officers, dirtdors and employees Ed each of ere entities, and will also invre to the benefit of any Third party named as a CO-defendant with is Or with any of ti,t foregoing in a da'ah which "s subject to this Arbitration provision. Your rights and cNigaticns under ft arbitration provision shah inure to the benefit Of and he bindng upon all persons Contractually Rable -under this Agreement and ail Authorized Users Of the Auaunt• This arbitation pro,$iOn sha8•iurvwe terniinition Of your Atwunf ei'we8 As valudtar'y paymeirt jr ful 4 yDq fPyrlegfi'prO¢eedingc by is totollect a delft ihved W r v, any.banErirpiry by you and any'tale'5yci efyo'ur-4wunf- fnmitatiDns, YDa will hat be requimd to yep rnance Chargei'Dr Dtiher* fiirgei: it 'a tale Ait%s :OfEater"Th'ai -ait'fiaW15ri 4? arnount permitted by lase. if h is ever finally deftrminW ihat but forth's Stetim The Finnnte Charges or urthrr ch5rprrunder This Agreement wauid exceed the maximum lawful arhaurii. the Finanrr Charges and other charges•V68 be uedured toeihe mazimum -lawful Amauht Any excess amount that you bn,m already paid Will be wad to redvrethe avirtand{rag Ealanrt of ymr A¢DVM.m will be nfvnded tO)rou Ly meprspi a rherk in. our daaetiDn., . GOVERNING LAW This-Agmement wig be goremlrd by the 4ZAT of The State of Delaware and applicable federal lawLd any pan -h3- .-./gam it-u?iy j•T "1; ? `. -.i I - _ . our Iri . ?iDtt?q??6-?D prPAL- yD11. •:•Wtt L of d,s Agreement bxoms tsm•erdorttni?ir+f•. wglTaQ makteny. ofhF'i pert wenfos bwa. .. .. ' ... `bISC.CVER CABD :::? -n-r`F • Wt;iCG' ELS'?CISF.'Pf?'.a "-'t`E.+'?*,:•r-n ,? 15 a.,.. }tp[flp arq. 'Blrfd• rer3cet, ,y vVitfi, t)hi ,PC??e • W lifmid, ?iay you' primary s;tome We uindimuriii your concernsfbaovanp . about guardu,p i2mv.,tfon about you end yota Aawnt We want to zauaa you that we fusee taken sttpp?? and will mrtinue to take steps, to safeguard theTinfornutioFL 7bb i rh ct Porky'dscibes our effaces to meet thse bbjertiveL K induds a summary of the following important infs.rmatiore • A ruling of the prsswid information we collect • The cirtImateres A which we may;hwt infbrmation wrih ` othem • The ways wt safeguard the amfidrntinlitp and security of 1 Information ] ••; ter. _: p5..^. '...q • The Reps you my take. to •rimk?duf :sbaficp 'of::sisth womwTibn WM othtm See Section t for complete detak Menu read our Privacy Pal orefullX it will help you undu- mnd how we collect and akart Information. I. MWI Personal lnfonmtion Do We wits? To sae you better and managt rata busing it is important that wx collect and mairaafn Accurate personal jnfornalion about yyoouu We Dbuin the sifwm stfen from apprrcttiont and other fbarra you submit to A from your dealings with us and ether;, from;v=merrepoltshp agaat M and ftgm othersbures,•'stsch "'Pur tb etaL for-!-?m It_. • l-;.1 •?3 •i'. •?.f: •,we-rntyewvta?tn••mmmavon.fcrr;;:.s ?tpupk atiancesr pnymtld s,; ?•..?..?A: your Ur4 Vf-ymla l..s;pssr!} irid the type; D? service you prefer from youramactiort and other dealings ,vvitfh.uc ind otherh;;,__:•,.-;.`zs:; ;.v t'. +. .+ t.thssyy olYain infofdlktioq tuckatrhp 6aiancer cdyourlbini -W with l er- eh anzand, ur paymert Khrroty ivFdr `ut3ier irorrr ' tone,rmxiepa^?Ny.aQGiipo's.1• • ? .'.--•r ;:.?+::: 1'de' rhay tobiitn irhf'ortnetiorru +?d, h; ii: ypGc' Iriir7nef •sGrvice , provide; your domsiirs riame•, yctir. cpmpvtefY: ;optFltifig.• ' syttun end Web brmvseCyoutiAteb sfte:arse andyourprbdvct no tenfce preferenm fiom your vafa a but Web sites.. : •. s.`-'rt'e C,:-_ k-_-?J L is Petsonaidrdormatiod Shsr-d.tYrth W; WyK ;hiring o'f mformsinri'N wig freate a On of Cardmembers syhb. may I>e offer based pn wulri urit:i:dstia: N'r M a understfrid'thaCd jtgp`de;ia2fda'ms igpl;of bffet from-is end thb,bt to'iike'ai3viniige o?ic11-;r reuifer mat' diet aetni information about you i>vmust only Cardmember wish tirtbirn chanrtwislia received the Pifer, Thee are, however, riramut%nces in which we may share the infar"don we wiled sbovi ywy as dsm'btd in Section 1, with Other companies n wder to provide you with access to pmdum and services ar,d to Wvite you Accourt effectively, at Crta6ed btbvt We require them companies to adhere to out. priwry Ranched; and to use this information only for ihe'rmited purpwe for which It was shared. ;We do not allow.tJrm to dsdore It to bthtn vridrovy.bia pri?r:ipproval, _ ,.y n „- i. Sharing Ptrsbnip in 6Katiofr vrfih-7>ra'• fWpbrdle: 4m, ilJ We are' parl d the Morgan Stahley family of wnipanirL. Dar corporate family offer a wide vanety of products and seivifes that an help you manage your fi ames. M wdn m provide you with am= to these product end service:, we map share the information we mgec about you, as daarrfbrd in Section t, widh and arset'-' ;emti prahddtrritt#Ift%fr7turetuaris m7pdratKdamily icntinued to grDuct%'}'1 _..AiirtctiriyPv,9o€e{:.,.; IF . .:_ .,...,._ ...- rrir•.t . ? .;: .. _4- We may;hare tke.,informatioo- wr cbliert about you„ rt described in. Secton.% with nbn•affiiGsted third parties, Including that that aaept the D"k er Card,. iri,arder, to provide yoy with Mea to produt'a and sakes offered directty by these rbmpanies that may be• of valve. tb yeLuJlk ae companies indude financial service pimiders, such as insurance cotnpaoier, ihd•norOitlnriil tbmpanle.4 such as reta"ti - •`" - e Sharing Personal rnfwmaiinn with 4rhen .. , We may"share'the'informatiba'.we collect about you, ix described in Section t, with companies that psrfordh support or marketing unites bra our behalf, svrSh as mailing, market . - ts - yf resexrh and dati'pcoce:ssin :vd>s. nendaL-;ncTftufl5nr'vrr,It which ore have joint rriAetsng agreemerttc or. mmysDips that are Die partners for mbrinel?,Credit card 'prvyra?s,; or>ihvard pragraox. lM1k Inry aso'share, sudi ipTorciagon-as perfn}tted 5y lavhi .:.: . 3."How' Da' We Pmtpcfahe Cnnfidanttatrty, 5a rfy And artegtj Df lnfbnrution Abavt rout r ; . r ...... Wt maintain 07061C Oic op I and, pt?mQuraT ale`gvaa.tD R g mportant that the information WE msurtain abDvt you s acmm* and complete. d you sue ftrformaiion in your monthir billing statements or eisrv/we which suggests that our information is iruomplete nY ir0mrsta, please write to to at Discord Card, Y.O. bas 36943. Salt Lake O y, to 64536-0948 so that we can'updau [Yhb information. 0 How Can You Umh Sharing Of mforraaSon About You? we rrSpeR ynvr prh*cy and offetYod-chpicei as t6 whether we mq lure mfonru4on about yonw@7ieithii a:p-faFihit %'t rat share tM irrformadon wetolla , abovtybul u drlrr5bed in Section 5, with nan-sffifisttd ri' par6m or if you prefir titer we slot share that information irilfr Etmpinres in our corplirate famNI you may opt met, that s, you may Bred us not to are that infwmiton. If you indicate a preference tluI wb do not share that infDrmatiorb please understand that you will not retelve offers for'prodm a and sees ,provided,_by,. gther farripanin that rdi/Yd help you. lowrt gbLr.:cdstf., tndi 1m ze"ycur Y. L finandalraDurtes rid mmuge ?ayda vfirjantevt' •.r 7o indiv>r R'Dor preference??$'asr"at-t8D422S$20i m wrlfe iD cat at Discover Lard; PD. Sda 369C?Saltizke.[ty;-)1{ 61736[ 0967. if rou, have DrtviovrJy ratified ru:abohrt.Wur privacy 'cA a a yoJr rerijnt; wit require that the fn ionvoe pr "raid nMp thravgh i ftr3-pirfj You will ti us wftlrjtitdrefrreric?7ol;Fain"isedit;rar3'a rwhH car • .-.'. ` : P. .._ . -_.... c. will hono youf request ins{ inet4u about you, erreptas pennttted by- permns car to share infmmvy)Dn reporting agnrems. service prmde -is- r r+ awl-For esa'mpirlederpl law abort ypv°y%ttlftcapwmet r and marketingpacfrhe2 h .•l:• also.p:tmi{t;er#'o ikktr•?firrmatimr-n5out:evc.:,.pcritiiru gad trarsaa5orjiAgtl, you; rush as -fvw. Acraunt' balance' and paybrent'hiaN with other member of our mrpf awe famh7y. if Wet ere a rgtec{3rdmembtG we Will not share arrrjitiolma-;mn about you, t=;* is permitted by lawt for thirty 'days liter we prDftcli this PcRy to,vciur in ordar.vo give you an pppwtmhy to 'vdofm or obdvt' your preferences. H you are an ixdnin? eardmimbe4 please tmdeurtahd'thit you may continue to receive markem+g Offers 6mctir from orir_r companies that wem already "ia prodvrtiao prior to the promming ct your ?'C'.: ',--?i ,rfl::!'::aisd dRt: vrE .. fits RiJary.Ppfiry'.jcp'rgrufedtithe.primccy,'Caridmefnbviafed m theA. 1•latyeyty_anyjPlrff Care mvrber hn the right to zbodl fbrmei nstriroer? nii: `h peitnrtted by law. • . This Prhary Policy $ provided to you by Discover Bank and its subddsariM whkh currently induce GTC insurance Agency, int. R ?pprom to the Discover Platinum D'scoves Gald, vacs wr Classk Discover Private Imse-, D'acover Trtanium Card; and the products and services offefed in munerttpn wrih those cards, including The Register` card registration service (with the exception of ary information rcrcp1aved in mnnecdon with the service, which YAK not be;harecM R s part of your Cardrrhemb- Agreenxrt and prpvidjs_a fVrther erpltnetiQn of how we collect and sharp infAunation?(eu?riay.•haye,? el,r+g?iu.ngdu sta{t laws that apply to whit infarmstina,-Pleasrt nok?t5at'yor will also receive privacy no res for' pthir reds card accounts you have widh us, as well r ocher Snardal products and strvi m provided to you by sic and our affifistac You will need tD indlime your preferences for each of these stparateiy es darbsed 'or the notice. Vemswrf and Nerds Dakota Residerrts- Yow State laws require financial insti%gions to obtai4 your xDment prior, to daring information about yeu.whb ethers. Except r pt mHed 64 we Will not chart inivurtagiamwe .EO.BeCEtebovtysiu withh n?ie a`fiGsted third partiet.uQj.yDU nrl„t:Yerm6rii resident Y. nth mmAinles.in bur,ccipbrAe fat 4j'sI?rJefi`'bu"a71'm at f-_BD6 DWDVER and' trthpriit";Sa',td do set. -"'W '. , fir: .z :..: .,, t?:*: .. .i fi:•. ;?A 2.v =nrra ad' 1'?w Your,$ijI ng Rigfits.,;: , KEEP THS -NOTICE FD.R FUTIjRE U5E` WS notice contains imPa4iarrf•ietormaliDT aboit-yDUrt Hg'htr- andour respomfbTitta under the Fair Credit 9fliinSFACC•- •' W :. o ., f. hbtify fJ1 in Case of for' w Qiieitionr,Aberit ydrrrBi?, ... d you think yDIV bill s wrong: or if pv nttd more infbnhrtipn about a transaction on your bin wrhe sic on a separate nctit of StF ?-;'? - ? ? - ?R t` j Fit tfi re....-. peps ak'dre:eddrns'la'?d-onyauf; bilLfm• NDticerof 1176;;, Fjrora vmtm td us:at tobaret Possible. W&'mud heir fiom you no 6if=rr4han 60 days after wr entyou ibi flint W-on which the error'w problem appeared. Yoy?c;an t:lrphone is, but doing so wtll cot prrsrrha your r3ghtt • h •_?: y , . %1, •.. ":D In Y?+a (.•1tr49fae.ta c?f foyllor+n?„p'ahi%a`nFtiore_`? ?... • yvUr name and ACmtird ;ttumSeL" _. - „ • yoga dollar amount bf the suspected &t4. • desvibe the error and exniam. if you un: ivhi,ki believe If the automatic payment is scheduled to Dcrm L Your Rightr and Dur Rap0nrWilds At. 'r We Rem,e Your WrMea Notice We and attnWAedge your letter within 3D day; unless we have tonected The error by thesn.WrNn 90 day; we must e)ihn corned the error or explain why we believe the big was correct Aftu" receive your lettet we cannot try tD cDDest any amount you question or report you a dernquert. We cask rDmbsve to big you for the amount you pumtlarg ihBcduip %Knfe dhirges, and -wena Apply troy uFfpJiir onfoim`t'apiiiut<yo(tr,ACcmurd credit WC You do not hrvy to-yap any. quettionEd amount while we ire Urvestigning, but you arc still obligated to pay the parts d your b l) that are not in quratSmi if w•e fated that w+e made a mistake on your bit you wnl not have tD pay any finanrs charges related to any querlivnid amount If we didn't make a mistake, you may have to pa the finance chugit= and you wig have tit make't)p any m.sed piymerits on the gsestionrd amount In•either =use, .•ae wig tend you a nattmant of the-amount-you wore and the date shdt$a dv_ >• kr..r_:?hit-.. .•• I?youi n fai.pay li'h Ymtrwrt ti,a}14.r' rnt, 0w4.' :,May seportyvu' a etnnpuerit'Aowrve4';f.'vuc:tselaniligd ilDei'APT iat8fyyDOandyouwriteui:ivithehten'd'tifin isi)iatjod stiff Rh6A to•pay, we niu+lf ten ah•sj•Dnc we report youln -t yew Pilot ahques5oh ibout g-bij., HL M. ivp mart ten ya 6 soli nema of anyone .ore itportrd yDU Tiff We must teR anybne we 'h you to that the matku hzs beefi settled between Is tn it Finally h d we don4 fondi%r t}ieie Nit; s4i cant coTlett the first isD of d¢ gvrstlone .1moeven ifyom bill wet m_nect • L SpeW Rule For E edrr Card. Punfiases you in ndlto•yay the.rarnaWny arrcaurt due hn the-goods or services There are two limitations on iho right.: - • - s _it_ AMIN 40 faliiou: deMhtyurrhese in your home este-os, if nm'-Wrthisyeon home rate.. within ID0 mils of your t»rrtnt mamirf:lddhesti and (.60 hi psird:ase prl--a must have been more than $50. These fmlfstiona do not Apply if we b" or operate the matchaot, or if we marled you the advtrtutment forthe goods orstn^r•• DISCOVER' CARD CASHBACK BON'US':?ROGR4M' TERNS ANDJCOhN{ riIONS The Cnhback. 6onvs' Terms and Condition mttsthvte a separate and independent aprenmeni from stet eardmember Apnemant and apply to Accounts that participate us the C.ihbsdc bores Progtxn Ho yrn-4 these Tema and Conditions - are subject to the Asbhration of Disputes section of the CArd• member Agreement which is intnrpDraud hereon I. Ceshback Sonia Awards are smourtts denominated in dollars. and term which may be scored by efrdmrmbers by using their i D'racorer• Card for quaRred purshauz Ceahbxt Sonia Awards t induda Tractional Cashbidc Bonus awards And ether Cahbett { Sono Awards as deacribed belevc, Caihbark Bonus awards are not a=wed for Profdbfted Traruactions.Ia defined in The Card• member Agreementl,=ash aammei cr balance transfers: 2 Traditional Cishback Bona amounts are calculated based on purdwes made during an annual period corresponding to the Cerdmembers aroh)versary year AS dessr3rd in paragraph 3 bebvs The fort mnh errary year begin on the date the Cud's issued and ends on clx IRA day of the tw•efth monthly billing period which fotlom Each soacnive anniversaryyear it the 0PPoismate one-year period comprised of the next twelve monthly Wimp psiodc, 3. Erupt as provided 1>0mv and in paragraph a. below, the accutd amv r of i-Traditional Cashfiatb Swim award u cakuUtrd by muhiplying the t%W gvalifed purchess at the end of each billing period by. - : r • •• • 15% 1-MM, if the purcham are pan of the Sf,500 in purchases during The Anniversary year, or, 9 Thvpuipdhein are made at select warth0me dubs or c4cmim stores, and 3091 (=P), if the purchasn are part of the sb6"J1,SD0 in pu+chas during the anniversaryyea? and • : , "„ • i Did Pit If the purchases are pan of the purchisti. in rscets of S3iDc'D during the anniversary year. •?`"'a-" Kd ';; .. Arq purdhais mods at tern hvarrhosrse dubs'or dacovV rtdres will be ineligible for a Tradhionil Cashbarl Sbnvi Award in outs of 26th wins) of the amount of the Wrthesm However, - it- P? ttrseyurdsasss+dfl mrtioue Sobtintlvdetin the iptal amount Df: purrhises erode dvrG'g8iesaanirersas? :yeistand ;soed:ta .detnrgrine the appfsable pergrs°tagi-rife IAT 4 above Sw: other purtfasrs. Please ,oA 7•BD4$a).7B96 ar,vv'rsif: Dw,Wrb site at t)&tovertard:mm'fx•a rat of these sefrc•ivarefidsae-dvbtahd dsoount xtors ' . ' ' : - -<,. ,,.::->r:•:star' : ,.. r i,:? . TfiE tstal of the`se'caiivtaSoru fuss •eac?T'tnniirverrisry y[al', jE'4ye atvved amcium! of the Traditional Cashbad Bonus award The asaved ammart of the Traditional Caxhbad Bunts award wiA be made ave4abk to Cardrrlembers u.deccribed belnstx prp iietd the cond4tm tort=irkd,,.ip'peragiepfi; S:,below arB; met .?rc ntarlatiod for the, T(atTitional tasfrbak='Sums 'award begins again with the begjnning ?ftSch_anniversp'ryyee„?,?` .. -1> '.•: err--: - E Casdmambers may ale? WWI ra:.d; fmrm. timE Y? brie othu Ceslsbatt acims awards {tt;-??1j inati m rig a putzhase •a aiprrdf ercfantl; the, tam's d Whim win bf disdosed.in the offer.. 7t,ese pusshesa will re¢ive the award amourd dcsvibtd in the offet They will not be considered qualifitd r ties for ?1°'Poser of determining the annual level of purchaser and talcutating du Tndrfionaf Cuhbatk Bonus award unlea odxrwise dsdosed in six offer. These other fsshback Bonus awards w, acuue In tft Crshbart Bonus A¢ours in atimdanca with these Term and Concr6onr unless an ahernative method of dabursarnaM's disclosed in the oftu. In addnion, if, as of the data D'sraver Card dpterminu whether a Cardmember has met the tams of the offer, six CerdmerslDerr Account it closed at [ardsxmber retain a Traditional Cachbick Bonus award'on these purchases. The acwed amount of these other Cathbad Bonus awards miff be made available to Cardmembers u drtcibed below provided tfre condrbDrs contained in paragraph S below an met S. All Ceshbad Bonus awards .rill be held in the Cashbid Bonus Account The Casbbatt -DDrisri amovrrt avvi'$ble. for drburssmem's the sinwrit in the Cashback BonwdSccptssf as of the, last day of ttir.Grdmembes'rprrvrovs -0rlfin•prriod. HDwevm Cachbitk'Boms-awards•MAY -be: redeemed-.in inmileaft of S20.oniy.•Cardrtiembers hive, no.righf to'irnved Cashbark Bonsa amswrm of lea than S2Dmr "amDovtl m ifkinyhA S20 igroememi >Y +? - •'._•%.?._ Oniy-Cardmembers in gocdrending with: open A¢pv;%U..may access the att7ved:Cashbart BDhus awards.in ihe, Cutiback Bonus A¢ovnt To be in9ood standing e Cardmembu may not be, dermquen't (ti tfisbibrd bovv') sir in'defi (at defin=d 'm the Cardmember ApiMmeRd. &at Cardmtriiber may nDi have usrd the!:Aerovnt:-for.arry prohbhed: 7rznsscYiorss.-T}n Cardmember is dennquerg,if;Q'µtovtriard barnot zetensrd:e required payment by the-PAymem Due Date thpwrv on tht moirih)y billing itater*rr;E - :: .. )f in Acmurd s ieactive for 36 consecutive monthA any amount '2D - i? i t. rnav??hkve r in which"tashbatk Bonus awardL- are a rredM1.:D the, Casdmembd s Acminvt zD the Cardmembec or an exchange, DLthe select more meernesRt: DiseDVatrbtC;aiX:tlsngE tRq cederbption anelhads in fiztstsk dfs¢FiiDrr fzomYime-to time. tf b the CaidmenS%1s resyens THY to notify Discover card in the event a Cashbad Bonus d sbursern"t is not racewed fw any reason. Cerdmembers mat redeem Cashbask Barns awards by calling 1- 377-MAt AWARD (1-877.965-7232 fManday-Friday, 7am - 7pm CM Dr on the Imem;i At Discwa urd.corn. Prig tD redemption the Tbrsactiars on which Ctshback Bonin awards are mt!vlatr6 may be audited for compliance, with these Terns and Ca CF;Znt 7. In the event a Card's last yr stolen, the acvutd em'r,wrof the Cashback Bonus awardi in the Cei'hbitk''BPw ui:n the amov»i of t76afditiig purrhaseran?`tt'ie'zapiveiiary- a efrom the Did Actouht vAl be tnnsferred'ttf theiieW'f ckourst " '• 8. Discover Card -reserves the, right to make other atiur'vntnt to Cashbad BDnut amounts accrued based on Account acti ft.. far example. any returns win decrtment their amovt as detesminrd in Disraver Card's sole drst:retiors DlKpver Card also resttm the right tD truncate r# round Cashbact8on}rt amounts is the nearest cerd u determined in ;iti tole cr cri on. -d the Cardrnzmber receives a Cashback Boma !"id in?erces of the -" t-':. qlr. prrt•y ra-yt aav.°... 3. Then terms and tbndniDru.ark sobiect'i6 chirigi wrlhovl notit= Changes may be mast it any line-Ind may intrv6k-bot are not limited to, modifying the level of purchaaq.rtgvirtdso qualify 4or the variDVs tiers, estabrrshiriia m_'zz+mvm emdsli cf the amount of Cadrbark somas. ai of ?ta'tfsaterx Sfn"poting addriipha the program: -77- r r :•a•d_y, -1: ( -• DESCRIPTIOR,OF ymir Diimrit'Uek2 Card' fthd 'atdrt, ut3 'fir <fi;rge yriCA entire Cemmdn Carrier Fare Ticket onsariy'Commtrcial Matill opeMed by a'Scheduled Air. Carrier. W46--r' a:;1' TB -%far thi transpar.Yt lon of pastngeri'for hire fhereirc mned S'dhrdu)ed AP CarrM you autamatiolfy mbOve This rrzlueble wverape'At rw'AddMorul cost. . ':.:::. :: ": _' .:•.:' ^; .: is ?s - Tht•berie pCthe PcYrzypsoy.?drng yiwr tcnf ag z. rr gov'emsd prirtihny, the liW b`{ r,,tiattp?}i:7??ie tt`faFdas. ;_.y ` .. 'Coverage h. undtrvrritYeI by'NattvnA. Unipn•Frt-ft;vmrm CamPAY of FriithlagiyFYrfifse:')nsvran4;Com?tny?,-with offices in New Yvrf;, NY. Catafn jIn tic, rs and:exctuforwappiy. PLAN F£ATl1RE5 . - ' Sariefft AmorrntS150,0DD Family Aggregatt Principal Sum ACI]DWAL DEATH BENEFITS. Insurance covtrape will be equal to the btnefd amourd far aetidesml lvst of Gfe. The loss court occur wr81n one year of she Accident that ?sustd 11,e Injury. Family Agpre ate Principal Sum means the tOTAl amDW7I of lnnaance in fgorce an the Cardmember, his or her spouse and chairDepruhdentChildrenfa[,ar, PmAccident d.Mor than one lint iced Pe scan discos the recut(d e;l yurig•rt eivti! 1c'z'rny one awdert the'fami?y: A?gregbte PriFictpit turn. nidl3e. rtE rated end paid in aaofdabce YX.the divri psi ,im itdbene- fidwy Pran-Wars of the Wky. Once the Family Aggregate Prfrsopal Sum k paid for any vne hound Peron in a family that cmat u tie rmh of any one amides" no further benefits are payable for further deaths in that Family due to )n)uriti received in the Same accident Masfmvm Acdtltntaf Death benefhr payable hmetr the Pclicjr, if more than me cardmember sufferi a loss from :ht "Tame accident ve lirrfitedrto an aggregate. of,S2oDDD,DDD.}at All CilBdieinhbers rom`birje6 A'rg? rrduciioif Pf beriefsif ntcrsFif)? Tb i?ritpg w}fii)firrlimitnvn Eb,di on-1 prbpat ?no e bzsfr tb eat'rdmemh'r`rup td tlsit ec9;eie_limit bf lia6iGty' bi' red h"ire q GrdmtmBer' ca lyric ninth r b { nY her Intwad spouse rand insured dependtrit r},r(dr•_n, This aggregate lvott:dM notrepLcr vain any. way imtrt tha famiSyAopregAte Prindpal Sum' rteted under the Parry'. - 'Iniv`rY' means bvdrh kfurr. (a)rwhich a ivRairitd'zs`a'direR ?;:... ;.•___._•?._' vmvcacsq{ cayrae?;rcovtreo•msr;rj`-:•`.'s'..': .<; ." "k."`k= :e-•-•sw s?p.a DiSAPREARANCE.iSf](EATS. 1Ne'wiQ'prtwmryvu tvfiefedivss Of We out to an accident if you are riding in a Scsedv)ed A¢ ze - hetlukS"Air CamleV. iF :Wrt[fe3ssints'ta body o nvtfound wit Jh'Dne (1) rev of the itY_pyyab(e for rev, yore il?asisr end`youf ram the came A¢idtnt will not e?cceed the EiJG1611.ITK Th's automatic fncunrxr'$ provided to cRyi>;fe Wdert of the oedd mid whore names appear an the ttedrf iar@,''dtew spouses' and their urvfarried depin-rat =hndren under age ID (apt 23 if attetsdiri? school on afulFiime'bts$ and fully de;,th6r ¢.pn you-Liar suppgrr). Howevt{ the age Gast ZIM not Apply to v, chlld•,.sha:;•s inapabie ol,..ielf-sgstain)ng ' emplayrrrnt by teesdn of mestfal or physical inupadtZ' EMCTM PATES. Your insurance under this plan Is effr5m on the rata Of 1) July i, 2DD1; or 2) the date you betornr an eligible Perion. Your insurance under this plan will cease an the earlier of. )the date the irssurme cavenge c ttrm)nateet er 2) on the date you Lease to be an eligible holder of the credit Lard. THE NNEFIC]MM Unless you designate otherwise with a Ixnefidary desigrrTion form your death benefit willbe pent, in teival shares. to the fart svrJiving dam of those that faffo .. (1) ryas =pause; W raw children: (3) your pafeni? ar 14) your brothers and sisters. R no glass has. a ;wYw L the.beneficiary is your crate. YOU may.iiW e.y linei p-ary'b' ^vdtihpo the huvrance Company at Acddtid v Hea)tii DFvsm, m SOD Vilest Madison Street, Svite 1750, CNcxpo, It MI. CWM PROCEDUP.E. 'Daim fdrens maybe obtained through the Insurance Company. Claims for benefra mist be filed with the • Insurance Company within 90 days or as soon is vtasanably possible after the ions DrsurL PLAT! DF IN PANCE COVERAGE. YOU, as a Cardmember, and your spouse and children. will be covered apafnd injuries that MUM in en buiderds! death while As a pesv_nptvln or on, including gettinp in or our of, or an or off Di. arty Schedultel Air Carrier ff the Common Carrier Fare Ticket for the flight wss charged to your credit mrd. - Companion Ikketr kcutd for frr_ wth the pucbese of A fun. fare mmmon carrier ticket and used by a spouse or deptndtnt child will be considered as fully charged to the mi5h card, if the corresponding iull common Carrier Fare Ticket is charped to the credit card. Coverage is efftc'nm when you board the Scheduled Air Carrier, provided the full Common Carrier Fare Ticket ¢ purchased, or the travel Mtrvation a madt for the companion tfckett prior to bwe1ng such Scheduled Air Carrier. Coverage ends when'you+• afight from the Scheduled Air Carrier.' ' i fXC1USIDNS. 8entfiu ere not payable if The loss is caused by'rx: results frame 1) self-irrmRed in)ury or svidde; 2);drieM dseesp or mental irueparity or bodily infirmity whether dvettfy, cr -73- VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unswom falsifications to authorities, that he/she is RnhPrt- Adk i n- (Name) Accounts Manager of Discover Financial Services Inc., servicing agent of the plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Complaint are true and correct to the best of his/her knowledge, information and belief. 4iWWR#U?{t???SY ?? r-- V`1 ? ? v?, a .- s ? w -? 6 SHERIFF'S RETURN - REGULAR CASE NO: 2005-04006 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER CREE DENISE B VS RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CREE DENISE B was served upon the DEFENDANT at 1822:00 HOURS, on the 22nd day of August , 2005 at 134 S 24TH ST HILL, PA 17011 by handing to WILLIAM CREE, HUSBAND 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 12.00 Affidavit .00 Surcharge 10.00 .00 40.00 Sworn and Subscribed to before me this day of A.D. Prot Lary So Answers: R. Thomas Kline 08/23/2005 WELTMAN WEINB G IS By: yV? Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DENISE B CREE Defendant No. 05-4006 PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.447437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#0414059 Judgment Amount $ 4,226.13 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DENISE B CREE Defendant TO THE PROTHONOTARY: Civil Action No. 05-4006 PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, DENISE B CREE above named, in the default of an Answer, in the amount of $4,226.13 computed as follows: Amount claimed in Complaint $3,726.13 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $500.00 TOTAL $4,226.13 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.Y. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By -4i? Fj- -- WILLIAM T. MOLCZA SQUIRE PA I.D.#47437 wettman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#0414059 Plaintiff s address is: c/o Wellman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7" Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 134 S 24TH ST CAMP HILL,PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff DENISE B CREE Defendant 05-4006-CIVIL IMPORTANT NOTICE TO: DENISE B CREE 134 S 24TH ST CAMP HILLRA 17011 ``\\ S C Date of Notice: ? V YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAUREL LEGAL SERVICES INC. 206 SOUTH WATER ST. KITTANING, PA 16201 (724) 548-7674 WELTMAN, WEINBERG & REIS CO., L.P.A By: William T?lMolczan, Esquj PA LD.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #04141059 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DENISE B CREE Case no: 05-4006 NON-MILITARY AFFIDAVIT Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, DENISE B CREE is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, DENISE B CREE is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED u1sny presence this y of le_1 z - . ?`_, NOTARY rl.? .. This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members' Civil Relief Act Page 1 of 1 OCT-06-2005 06:13:51 -' Last Name First(Middle Begin Date Active Duty Status Service/Agency CREE Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the individual, per the Information provided, as to all branches of the Military. j7? Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Service Members Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are most strongly encouraged to contact us by Fax at (703-696-4156) or by phone at (703-696-6762). We will then conduct further research. Your failure to re-contact DMDC may cause provisions of the SCRA to be invoked against you. This response reflects current active duty status only. For historical information, please contact the military services SCRA point of contact. See: htV.//Www.defenselink.mil/faq/pis/PC09SLDR.html. Report ID: BOTXJBAWMAH https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 10/6/2005 d N r d IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs, Civil Action No. 05-4006 DENISE B CREE Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on -OCA-Mlk5bs (xx) Assumpsit Judgment in the amount of $4,226.13 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary 7 By: PRO ONOTAR DENISE B CREE 134 S 24TH ST CAMP HILL,PA 17011 Plaintiffs address is: c/o Wellman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. DENISE B CREE Defendant No.05-4006-CIVIL STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan PA I.D. 947437 WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04141059 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 05-4006-CIVIL DENISE B CREE Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, DENISE B CREE , above-named, in the amount of $3726.13 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $3726.13 with continuing interest thereon at a rate of 6.00% per annum from DATE OF JUDGMENT, plus attorneys' fees in the amount of $500.00 and costs. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, DENISE B CREE , in the amount of $3726.13 plus continuing interest thereon at the rate of 6.00% per annum from DATE OF JUDGMENT, plus attorneys' fees in the amount of $500.00 and costs. 3. Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $200.00 due by 12/20/05; i (b) no less than $200.00 per month due on the 20TH day of each consecutive month thereafter until the Judgment amount plus acckued interest and costs are paid in full. 4. All payments are to be made payable to the order of "DISCOVER BANK" 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiffs counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals this -day of , 20 WELTMAN, WEINBERG & REIS CO., L.P.A. By: ???_o William T. Molczan? PA I.D. 447437 WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (41.2) 434-7955 W W R#04141059 By: Defen4Wir'NEI?TME B CREE 0 44 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. DENISE B CREE Defendant No. 05-4006-CIVIL PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA. I. D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04141059 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 05-4006-CIVIL DENISE B CREE Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esquire PA. I . D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #04141059 Sworn to and subscribed before met is a? day of Jan NOTA Y PU oo '-F c? rri 00 cz; 0 -?, . ?... rt C) S W D :i '