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HomeMy WebLinkAbout05-4012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: 00-- 'f 0 I:J..- ~~ vs. COMPLAINT IN CIVIL ACTION DAN E MCGHEE PAMELA L MCGHEE Defendants 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 04136811 C A pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No DAN E MCGHEE PAMELA L MCGHEE Defendants 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. HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU DO NOT THE OFFICE SET 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 05- - Cf 0 I.:t.. G..:;.4 Jv...... COMPLAINT 1. Plaintiff, is a corporation with offices at 3311 MILL MEADOW DR. HILLIARD , OH 43026 . 2. Defendants are adult individual(s) residing at the address listed below: DAN E MCGHEE 111 PEACH LN CARLISLE, PA 17013 PAMELA L MCGHEE 111 PEACH LN CARLISLE, PA 17013 3. Defendants applied for and received a credit card issued by Plaintiff bearing the account number 6011002000547778 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendants made use of said credit card and currently has a balance due and owing to Plaintiff, as of July 29, 2005 , in the amount of $3197.55 . 5. Defendants are in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendants 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, Defendants have willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendants, DAN E MCGHEE AND PAMELA L MCGHEE ,jointly and severally, in the amount of $3197.55 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $500.00 , and costs. 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. rmbrodt,42524 , WEINBERG & REIS CO., L.P.A. eventh Avenue, Suite 2718 sburgh, PA 15219 ) 434-7955 : 412-338-7130 136811 C A Pit KMJ .-..;-----' payment due date March 22, 2002 $1 Please make check payable to Discover CaId, You are overlimH Please pay your minimum payment plus $ 597.55. 23 SDSN6AOl 0001170 DAN E MCGHEE PAMELA L MCGHEE III PEACH LN CARLISLE PA 17013-7808 Reduce Your Health Care Expenses by up to 50% with PlanPlus. To learn more, call 1.800-527.7783 or visit Dlscovercard.com/PlanPlus. AcJdress or telephone change? Please print change in the space above, Of go to Discovercard.com. PO BOX 15251 /11",/1",,,1.1,,/1,,1.1.1 WILMINGTON DE 19886-5251 1.../11.1..1"1.1"1"11",1,1,,,1,1,1,1,,,,11,1,1,,,,111,1,,1 DODD06D110D20DD547778D31~7550DODDDOOD4820D - Discover Card Account Summary Closing Date: February 23, 2002 page 1 of 3 $3,078.86 0.00 58.00 0.00 0.00 60.69 $3,197.55 account number payment due date , minimum payment due credit limit credit available cssh credit limit cash credit available previous balance payments and credits purchases cash advances balance transfers FINANCE CHARGES new balance = 6011 00200054 7778 March 22, 2002 $482.00 $2,600.00 $0.00 $1,300.00 $0.00 + + + + You may be able to avoid Periodic Finance Charges, see the reverse side for details. Cashback Bonusl/ll Cashback Bonus<l!l Anniversary Date: October 23 Previous Cashback Bonus Award Balance $ 0.00 Purchase Award This Period + 0.00 Other Awards This Period + 0.00 Cashback Bonus Award Total 0.00 Transactions trans. post dale dale previous statement balances FINANCE CHARGES: OLD BALANCE FINANCE CHARGES: CASH FINANCE CHARGES: PURCHASES FINANCE CHARGES: BALANCE TRANSFERS PRINCIPAL: OLD BALANCE RRlNClP.AL:CASH PRINCIPAL: PURCHASES PRINCIPAL: BALANCE TRANSFERS $ 0.00 1,069.60 217.68 0.00 0.00 1,147.42 644.16 0.00 tran date Feb 23 Feb 23 post date Feb 23 LATE FEE Feb 23 OVERLlMIT FEE EXHIBIT A 29.00 29.00 Great Balance Transfer Rates! Call 1 ~800-767-7339 to find out if a Balance Transfer rate is available for you, , . ~", ".., ~. .:..-,.......-.- ~ ,-,,,...'- DlsceVER CLASSIC IMPORTANT INFORMATION ABOUT YOUR ACCOUNT CARDMEMBER AGREEMENT The terms and conditions ot your Account including how we calcu\at~ finance charges, our fees and an Arbitration of Disputes section. You have the rigflt to reject the arbitration provision with respect to your new Account within 30 days after receiving your Card, as explained in the "Acceptance of Agreement" section, .. . . ' . . " . . . ' . , SEE PAGES' . 14 PRIVACY POLICY' A summary of the personal information we collect, when it may be shared with others. and how we safeguard the confidentiality and. security of information. You may limit our sharing of such information with others.., " .... SEE PAGES 14.17 I' I BlLUNG RIGHTS Important information about your rights and our responsibilities under the Fair credit SWing Act . . , . , . ."....,..".... ....."..... 5EE PAGE5 77 - 19 (ASH BACK BONUS' TERMS AND CONDITIONS The terms and conditions of the Cashback Bonus. award program, including a description of how your award is calculated and how to redeem it. . , . , . . . . . .........., '''''''''''''' ,'.. SEE PAGES 79 - 21 j. ; ~. " , ,! . DESCRIFTION OF COVERAGE The terms and conditions of the Scheduled Air Travel Acdderit Insurance that is provided at no charge to you when YOIJ use your Card to purchase airline tickets ,.,........" . . . . . . . . , . SEE PAGES 21 . 24 CJ 200:3 Oisc::ovef Bank, Member FDIC 304OCI'.tl4C3TI. i~ EXHIBIT Jj " '-~~"""--.;-"' ,--,'""~',",",-",,-_'" "'~_::';___'r_~"""~ ,,'~-"'f~;~"':>'-'; ",.. - ". -~>,," "'C>.,"", ',:,;:;:i:ttiei.,,:i~~t:;;;~5';!ff&,~,. , , ' , ,~~,,=-~ ,'....;;:,;~t...;.;;;,.;..""''''..;,.~,,:..~_"1. -- ;;~:;:;~::~:~~~;:~gs~!~r.,. ~~*"J~ f , :,,~' ~;,.,.~~ <__.<_~_:=~C" ~.,~~~t::~(:~~~f ' . - ',' ., '. " indirectly; 3) in1ections ot_any kind fe-gar:dless- 6.f,hb.w:contr~cted, e):.cept bacterialjnf~ctiom that, are.di1:ectly);avsed 'by,-botulisl:l'\~ ptomaine poisoning OJ an,atddentaJ .cut~or ,\:'VQu~d in:dependent and in the absence of any underlying sickness, disease,:Qr con~it;on ;nclu,djng butpot 'limited, to dii!~tes;,4l tomm.irtingo,r. attempting to commit ~ fel?"y;,,~l.Yl~r'9f,art 9rwar, de~la.r~d or undeclared; or (6) travel Of, f\lg~t)n'QL9:n any vehicle used for aerial navig~tion, ilS il pilot. oper~tor~ o(q~.vv' m,ember.' LIMITATIONS,: 'ae~~fitt~':f,~n-iy~:tffp~a~yt,DH'"der'{~~:~c~~:d~ m~mber ,attount, the 'c'redit,~.aid~~und~r.:~~hich :-th~. Co~mDn Carrier fare Tickets were:,~!!Y;~~<t?,~?:-~;:t~~,:~r~'f:~;:(~'~, :',: 8enefitS' ..re' not payable ''fo''ioss~~':d!!e,t~in)~~ry'''siJs.tiniea:while en ill trip for which the tickets,,^,efe'l'~rtha5ed"with a't~e'quent flyer voucher. . ~., - Complete- prov'ls;am pertaining to this. plan of insurance art contained in Polky #9029072 ls.sued by Niltional Union Fire Insurance Company of Pittsburgh, PA with offices in New York, NY. The premium for thls insurance is paid by Discover Financial Services, Inc.., out 01- income derived trom its credit card operation5., Please read this Description of Coverage. Keep it ilu safe place i with your other insurance documents, This Descrlp.tl,on _of l Coverage {form Number S30?,5SPOQ..iS' not.') .l.t~;'nVi!lJ:1;..o.f ; Insurance but Is simply'an IntormatJVe rtate_mentto ea~h, engrble ~ Individual of the principal provi!.io'm"cWthe_ \i15uranceWnll.e in eHect. . . ... 1 Ii a tonflict exists between a state.me.nt in this Demiption ot ! Coverage llnd any provisions in the POolicy, the Policy will govern. Claims administered by: A&H Claims Department. P.O, Box 15701, Wiimington, DE 19B5C-S701, (BOO) 551-0824, 1\' (j' 1l!:1 !~; 'w' 1M '1,' )'" ,;, ~~!!<'.~.. .;; .".,;;". " !'.-_..-. , 1:;:..,>>>.-,,; ,:,;,...' I', 1 :~. ~. ':;,;c_(?:: "-1' ~ 2.l;- ,-,~..,. ----~--~-'>- ;........-,'""'........-.....'~....:.- ~- . CARDMEMBER AGREEMENT Please read this Agreement carefully before using your Discover- Can::! At(ount. It contains the terms and conditions of your Account. some of which may have changed from earlier materials provided to you. In the event of any diffen!f'l(es, this Agre'!rnent shall control. We respect your privacy. Sn tM Privacy Section on paee '0 and our Privacy Policy for additional information, The Arbitration of Disputes Section on page 12 includes a waiver of a number of rights, lnduding the right to a jury trial. CARDMEMBER AGREEMENT Agfet:ment Terms.. Acceptance of Agreem:ent. , . . Use -of Your Ac.tount Authorized Users, ,. ..,......, Unauthorized Use ...,...,..... Credit Limit-Available Credit . Promise to Pay.",.,.,.. MonthLy eilHn9 Statement,.,...",.,. Monthly Payment Options. . . , ' . . , . Minimum Monthly Payment. , , , , . . , , . , . Credit Balances. , , , ' . , . , . . . . , ' , , . ' . . . . . . . . , aalante Transfers, , . , . . . , , . . . , , . . , . , , . . , , . , , . Finance Charges. , . , . . . . , . . . , Peripdjc Finance Charge-s , . , , , , , , , ' , , ' Default Rate Plan, , , . , , , , . , , ' C!sh Advance Transaction Fee Fin,&nte Charges, . . Balance Transfer TransactIon Fee Finante Charges Minimum Finance Charge. . , . . , . Returned Check Fee. ' . ' . . . . . , . . , . , , , , , . Returned Discover Card Check- he Stop Payment Fee. , . . , , . . . , . . , ' Late Fee,.,. Pay-by~P'hone Fee, ' , , . . ' . . R.esearch Fe-e, ...,. '.,.,.,.,.,.,." Overlimit Fee. .......,.... Pe1ault-Acceleratio!'\-Colle-ction Costs Cantellation . . , Privacy....,., , Electronic Communications Credit AuthorizatJom. Change at Tenns _. Change of Address. Assignment oi Account, Arbitration of Disputes C~mpriance with Interest Rate Limrtations Governing Law -1- 2 2 2 3 3 3 4 4 4 5 5 5 5 . .B 8 9 9 9 9 9 9 10 10 10 10 10 10 ...,', " 11 12 12 12 '. .,13 .13 ... _._ __''''''_''_'''''';'_;,1'_ ~.:<-:'f"';""'~~~":"f'~"':"~""~-": ",,"N'!-~, :::-";:.- ->-, ,:;~,..~'.~~.__':\,,,,_'.>-~,~_,:.;:'~_~_,h"'_:'''"'_'':'~''''~- "r__, ~ "... "',<--~' .- "_ .,,-~..', '''"-~~; :"_.",,,'_'-."_' ,.;,~ ..':;"', .'"-,'.'C '._, _ - ,.'._..,....,c.. _ '~, AGREEMENT HRMS. The word ~Account. means your Oi~over Card Account, The- word M[ard" means anyone or more Discover Cards issued to you or someone ~lse with your authori. zation. The words "youn, "your., or .yours" refer to, in. addition to you, the Card member, any other person or persons who are also contractually liable under thIs Agreement. The words .we", .us" and "our. refer to DiSCover Bank, the issuer oi your Discover Card, The words" Authorized User" mean any person whom you authorize to use your Account or a card, whether you notify us Of not. The words .Pricing S.cheduje~ mean the document accompanying, your Card a.nd ~istjr.9 the Finane! 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 AuthoTiled User, or your failure to cancel your Account within 30 days after recei\iing a Card, mei!lns you accept this Agreement including the Arbitration of Disputes provision DO page 12. Your may, however, reject the Arbitration of Oiiputes section by pro'liding us a notice of rejection within 30 days after receiving il Card, at the foHowing address: Discover Card, p,o, Bo): 30938, Salt Lake City, UT 84130-0938, If you were: prev-'Ious~y subject to arbitration With respect to any Account I this right to. reje~ arb-itration 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 I must not be 5ent with any other correspondence, Calling IJS to I indicate that you reject the Arbitration of Disputes section or sending a rejection notice in a manner or 10rmat that does not tomply with all applkab~e requirements is insufficient notice. In , order to precess your notke, we require that the notice be : provided by you directly and net threugh a third party, Rejectien of arbitratien will not affect your other rights Or responsibilities under this Agfe-ement or yeur obligatien to arbitrate disputes under any other account as to which you and we have agreed to : arbitrate disputes. It you do net send a rejection notice, you will I 'oe obligated by the Arbitration of Disputes section with respect to this and any prior account you have had with us, even if yeu have previously sent a rejection notice with respect to that prier account. USE OF YOUR ACCOUNT, Your Account may b.e used for: . Purchases . to purchase or lease geods or services irom participating merchants by presenting your Card or Acceunt number. . Cash Advances. to obtain cash advances tram participating automated teller machines, financial institutions er other locatIOns, or by means ef checks which we may furnish to you, all in actoroance with such additional terms and condfttons as may be imposed from time to time, . Balance ir~nsfers' to transfer balances from other creditors er to make other transactiens by me.ans of balance transi'eT coupons er checks, in accordance with such additional terms and conditions as we may otter from time to time. In addition, your Account may be used to guarantee reservlltiens at participating establishments, You will be liable tor -2- . \.J guaranteed reservations that are not canceled prior to the time specified by the establishment. Your Account may be IJsed tor personal, famity, household and charitable purpo~es. Your Account may not be used to obtain Joans to purchase, carry or trade in securities, or to pay any amount you owe under this Agreement ("Prohibited Transactions"). ?rier to. its use, 'each Card must be signed by the per50n to. whom it is issued. We art n01 responsible tor the refusal of anyone to accept or honor a Card or to ac..:ept c.hetks that we have provided you. You must. return any Card or unused checks to u~ upon request. If a merchant Toils to provide your purcha~e to your satisfaction and, at your request, we issue a credit to your Acceunt, you wilt be deemed to have assigned to us your daim against the merchant andlor any third party for the credited ameunt. Upon eur request, you agree te,previde us with written evidence of such assignment. Your rights and responsibilities under the Fi:lir Credit Billing Act des~ribed in the billing rights summary on pages 17-18 and on the baCK 01 yeur monthly bifling statement apply only to credit carel transactioos, This special r-ule for credM card transactions does not apply to purchases ma.de with a balance transfer check or cash advance, Therefore, if you have a preblem with "the quality of goods or services that you purchased with a balance transfer check. cash ad'llante check or the proceeds of a cash a.dvance, you <l0 not have the right to WIthhold payment 01 the amount due. AUTHORIZED USERS. If you want to. cancel the authority of a current Authorized User to use your Account or a Card, you must notify IJS in writing er by telephone and destroy any Card in that person's possession, None of YOLlr rights under thIS Agreement (ether than to pay a~ounts, owed) m~y be exercised by any person not a parry 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 lest or nolen, or if you thin~ that someone is using your Account or a Card without your permissi,?r\, notify us immediately. You can notify uS by telephOning 1-800.D1SCOVER (1~BOO.347.2683). or by writing DISCOVER CARD, PO Box 15156, Wilmington, DE i 9&86--, 002. You agree to assist us in determining the facts relating to any theft or poss,ible unauthorized use ef your Account or a Card and to comply WIth such procedures as we may te-quirt in connection with our investigation. !f our records indicate that you h~ve enrolled in an automatic billing arrangement, such 015 a monthly gym membership. we will attempt to provide your new Account number to that merchant. However, if you no longer wish to continue the automatic biJJing arrangement, you must contact the merchant ,directly. CREDiT UMrT.AVAILABLE CREDrT. We will advise you of your Account credit limit. We may impose a lower limit that will apply to cash advances, rffe-rred to as the cash advance tredit limit, You agree not to allow your l.mpaid balance, indudin~ Finance Charges and fees, to exceed your Account credit limit, If you exceed your At-count credit limit. we may request immedIate .,. .'-: ''- '--'~ .'-"~"'~"':,'~-...i,_'.,:-....-,,:- , ~' 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 ayailable for your use may, from time to time, be less than your Account credit rlmrt. For purposes of determining your available credit, we reserve the right to postpone for up to 15 business days reducing your unpaid balances by the amount of any payment tl\at 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 your Account our cost to convert your payment to U.S, Dollars, All checks must be drawn on fu.nds on deposit in the U.S. You mllY not use a cash advance check, balance transfer check or coupon, or anx other promotional check drawn on any Discover Bank credit card account to make payments on your Account. If your Account is a joint 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 wHl 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., i cash advilnces, balance transfers, Finance Charges and other I' charges or fees and all payments or other credits posted to your Account during the billmg period. \t 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 t~rms, including the payment cutoff time, stated on your monthly billing state- ment and we will credit your Account in accordance with those terms, In addition, we rese,.."e the right to change those terms without prior notice. We will apply payments and credits to the New Balar'lce 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 highert 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 ~pply 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 R.ate will expire before the higher Annual Percentage Rate. MINIMUM MONTHLY PAYMENT, The Minimum Payment Due each month will be the sum of any amount past due and the minimum monthly payment. The minimum monthly payment each month will be the greater of S10,OO or 1/SOth of the New Balance, rounded to the next higher whole dollar amount. If any ANNUAL PERCENTAGE RATE applicable to your Account is greater than 22.99%, your minimum monthly payment will be the greater of $10 or 1/45th oftne New Balance rounded to the ne);t higher whole dollar amount. Regardless' of the Annual Percenta9~ Rates on your A(count, if the New Balance is less than S10.~0, the minimum monthly payment will be the amount ?f th~ ~ew Bala~ce, Paying the Minimum Payment Due may be Insu!flc.\eryt to brrng your Account balance below your Account credlt lImit and, consequently, may not avoid the ImpositIon of the Ov~rlimit F~e described in the Overlimit Fee Section, We may from tIme to tl'!le afJ~w you to not make a ":ljnim~m monthly payment, and will notl'ry you ,when thiS option IS avaIlable, If you take advantage of thiS offer and do not make a minimum monthly pClyment, finance charges and any applicable fees will accrue on your Account in accordance with this Agreement, and you must pay the MinImum Payment Due for the following billing periods. CREDIT BALANCES. We will refund any credi't 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 $ ':00 which remain in your ACcount after two billing periods, BA~NCE TRANSFERS. We may period\call~ offer you th~ oppor. tunlty to transfer b,:llances from other creditors or to make other transactions to your Account by means of balance transfer c.o,":pom ,or checks. Each offer will (ontain an initial special rate, whICh Will be the Annual Percentage Rate that will apply to tra~sferred 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 1M the oHer and as set forth in the Pricing Schedule, if applicable. After the e.xpiration of this tIme period, the Annual Percentage Rate that applies for purchases will apply to ttamierred balances. Balance transfers subjea to the initial special rate are referred to as special rate balant:e transfers; balance transfers for which the initia.l speclal rate has expired are referred to as purchase rate balance transfers. Each offer will contain an e.xpiration date. If you attempt to transfer balances by means of a (heck after the expiration date, W~ will treat the tr;lnsaction 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 jf you pay the New Balance shown on the bimng 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 .5- .",.~-,--_.-----,_:",::",;::;,,~--~------. i! the .arac.:e perlod." You do not have a grace period on balance . d I I I h d I bit th b I . transfers or ca~h advances. Pe:riodic: Finance Charges are imposed expire, n ca C1J at'log t e ai y a ance 0 e a aoce transre;r transaction Gategory on the fir51 day of the billing period, we On new balance transfers and cash advances beginning with thE! subtract the unpaid balance of tho:;e Balance iransfer date the transaction oc.:curs, Transaction Fee Finance Charges and balance transfers that PERIODIC FINANCE CHARGES. Periodic Finance Charges are betome purcnase rate balance transfers on that day and we add imposed on all transactions until the date of repayment. that unpaid balance to the balance of the purchase transaction Repayment means payment of your. entire New Balance, category, However, if you pay the New Balance shown on the current All fees charged to your Account are added to the purchase billing sti3tement by the Payment Due Date, and the Payments transaction category with the e,:ceptiof'r of Ca~h Adyance and (re-diu shown on thIS statement equal or !!)(ceed the 1ransaction Fee Finance Charges which are added to 'the cash Previous Balance, we will not impose Periodic Finance Charges advance 'transaction category and Balance Transfer 1ransaction on new purchases, that is, purchases firS't ap?eariog on the Fee Finance Charge~ which are added '[0 the balance transter current natement. Otherwise, you will receive a biHing transaction category, If a transaction is posted to \lour Account statemen1 the next month that includes Periodic Finance th) Charges imposed until the date 01 repayment after the close of t e billin~ period in which it occurs, we will treat the tran:;action as haVing occurred on the first day of the We compute Periodic Finance Charges each day for purchases, billing period in which it is posted to your Account. cash advances, and balance, transfers (which we refer to as transaction categories) by using the following equation: (1) Rate Plans Average Pili!!, Balance x number of days in the billing period x The Daily Periodic Rate and corresponding Annual Percentage Daily PeriodIC Rate, (You may refer to the finance charge Rate that apply to each tramactlon cate~ory IS either a fixed rate summary on the front of your bil\inS stZl't~mE-(lt for these or a variable rate a~ set forth in your Pncing Schedule, The Daily amounts.' Then we add all the Periodic Finance Charges ~or uch Periodic Rate is 11365th of 1he corresponding Annual Perc.entage traf1S~ction category to get the total Periodic Finance Charges Rate, The ....ariable Annual Percentage Rate for a transaction for your Account. The A....erage Daily Balance is shown as zero if category is determined by adding a specltted number of no Periodic Finance Charges apply to tr.e balance in a transaction percentage pOints to the Pnme Rate ThiS IS shown on the Pnrlng category. Schedule as ~?nme ... (percenta~e pOInts). ~ For purposes of thIS We use the two-cycle average daily balance (iT\c!unin9 new Agreer;:'er:t, the P~l~ Rate lS t e rllghest ,rate of Interest listed transactions) method of calculating the balance upon which we as the pnme rate In t,he money rates sectIon of the ,Wafl5tre~t impose Periodic Finance Charges. This means it you did not pay Journal on ~~e la,S! business day of the month, The Pnme Rate IS the New Balance shown on the bimng statemen't you received :nere1y a pnCJng ',ndel( and does not represent the lowest or ~es:t during the previous billing period by the Payment Due Dat~, we I~terest rate <lvol\able to a borrower at. a'!y bank at any gIven will impose Periodic Finance Charges on new purchases that first time. Your A.Mua! Percentage Rat~ will mcrea~e or decre~se appeared on that billing statement, a~ well as new purchases wh~n ~he P"me Rate changes, ThiS ,c~ange ~l(! be effert~ve that first appear on the current biUirv~ statemetFt, unfess we , beg,lnnu-.g on the fIrst day of the bl.lJmg pe~lod that begrm already imposed Periodic Finance Charges on the purchases on ! dutlng the same mon'th a:; the change 1M the pnme Rate, your ?re....ious billing statement. We compute the average dally (2) Annual Percen'tage Rate for Purchases balance for each. transaction (ate-gory by adding up all the daily , balances in a billing period for a transaction category and '!'Ie may have otte~ed you an Jntroduct~ry rate on purcha,ses. ihe dividing the total by the number of days inthe billing cycle, We Introductory rate IS t~e Ann~al Perc~nlag,e Rate that Will, apply compute the daily balance tor each transaction category on each to purchases for the tIme per.lod,specl'fied In.th~ offer, sU~Jec:t,to day by first adding the ~ol1owing to the previous day's daily the, Default Rate Plan SectIon. After eXt;:uratlon ?~ trll5 time balance: transactions made that day, fees charged that day and ?e~'od, t~e ~nnual Percentage Rate, for purchases wrll a.pply, The ?ertodic Finance Charges accrued on the previous day's daily pally_Penodlc Rates and. correspondlO9 Ann~al Percentage Rates balance.; and by then subtracting any credits and p.1yments that In etf~ct on tM,e ,date thiS Agreement 1$ furnIshed to you are set are applied against the balance 01 the transaction category on forth 10 the Ptlcmg Schedule. that day, In calculating the daily balance for the previo\.ls billing (3) Annual Percentage Rate for Cash Advanc.es period, we consider the .previous day's daily baJance~ to have ,'. . been !em 01'1 the fint day of the blHing period, The ~aJly PetlodlC Rate and co,rrespondlng ~nnual Percentage . , Rate In effect on the date of thiS Agreement IS furnished 'tc. you SpeCial rate balanCE transfers and Balance Transfer Transaction ilre set forth in the Pricing Schedule, Fee Finance Chafges ilre included in the daily balance of the balance transfer transaction category. Balance transfers that (4) Annual Percentage Rate for Balance Transfers were subject to an initial special rate that has been terminated The Daily Periodic Rate and corresponding Annual Percentage due to a late payment or because yo~ .outstandl~g Accou~t Ratle' in effect for SPEcial rate balance transfers will be set forth ba,lance exceede~ your, ~c~ount c~edrt lImIt are ~'so Included rn in the offer from us under which you make the balance transfer. thIS category untIl the initial speCIal rate otherwIse would have /Js indicated in the Balance irans-fe-rs Section above, purchase -6- .7_ .,",._,'.,-,,""',....~. ~' ,"_-_-...~'-,~"......~.;.i" '.:5:':;;~,-_,-_,~~"",~, _ - "- '.', '-,-:-~ ',; - '-~:, rate balam,e trans-fen wj~1 be subject to the Daily Periodic Rate 3% of the amouni. of each new cash advance, There is a and corresponding Al1l"\ual Percentage Rate that apply to minimum, Cash Advance Transaction F~ F1t~ANCE CHARGE of purchases and the Default Rate Plan Section. $5,00 and no maximum Cash Advance Transaction Fee FINANCE The Daily Periodic Rate and (Orres-ponding Annual Percentage CHARGE, The imposition of Cash Advance Transaction Fee Rate in effect on the date this Agreement ;5 furnished to you are Finance Charges may result in an Annual Percentage Rate for set forth in the Pric.ing Schedule. cash advanc.es that is higher than the nominal Annual DEFAULT RATE PLAN. We will review your Accoun1 on the tast Percentage Rate. All forms of cash advances. indudin9 the use of day of each billing period to determine the Annual ?ercentage Discover Card checks, regardless of th!! purpose for which vsed, Rates that wit! apply to 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 weJl as the prevIous obtain the total Finance Charge on cash advances for each eleven billin~ periods. Any increased rate described below will biUing period, we add any Cash Advance Transaction ree FinaT'tce apply beginnrng with the first day of the billing period in which Charges for the billing period charged under this Section to any we review your Account. Periodic Fir\ance. Charges calculated under the Periodic Finance If we did not receive a required payment by the Payment Due Charges Section for the ca~h advance tramaction category. Date durjn~ the billing period in whICh we review your Ac(Ount, BALANCE TRANSFER TRANSACllON FEE FINANCE CHARGES. If then any Initial s?eda\ rate on balance transfers and any thl! balance transfer offer you receive contaIns a Balance introductory or promotional rate on purchClses 'tnat currently Transfer IransactJon Fee Fmance Charge, we will charge you a applies to your Account, and any such rate that we have, Balance lransier Tramactlon Fee Finance Charge for the amount previously offered to you, will terminate and the standard, of each balance trarn:fer made under that Dffer tf there IS a Annual Percentage Rate for pun::hases will apply tc> your balance Balance Transfer Transaction Fee Finance Charge in conjunction of balance transfers and purchases as well as any Introductory or w!th the, otter you received when you applied for an Account, it promotional rate on purchases and any initial special rate on. ~111 b7, If\ the amount set forth in the Pricing. Schedule, The balante transfers that we have previously offered to you. 1n ~ ImpOSItIOn of Sa/ance Transfer Transaction fee Finance Charges ~ddition, if the standard Annual ?ercentage Rate for purchases: may ~esujt in an Annual Percentage Rate for balarlce transfers IS less than 19,99% and during the immedii!ltely preceding' that IS hIgher than the nominal Annual Percentage Rate. To eleven billing periods we did not receive a required payment by obtain the total FinaT'tce Charge on balance transfers for each the Payment Due Date, then the Standard ANNUAL' billing peric:d, we add any BaJa-nee Transfer Transactlen Fee PERCENTAGE RATE for purchases will be increased to 19,:'9% (a Rna,nce Charges calculated under the Periodic Finance Charge~ Daily Periodic Rate of ,05477%). section for the balance transfer transaction category, If your outstanding balance exceeds your Account nedh limit as MINIMUM FINANCE CHARGE. We will charge you a minimum of the day we review your Account and your .outstanding FINANCE CHARGE of $,50 tor any billing period in which some balance exceeded rour Account credit limit as of the last day of I FINANCE CHARGE of Jess th3n S.sO would otherwise be imposed, any billing period In th~ immediatel~ preceding eleven bllJJng' RETURNED C E .1 " periods, then any initial special rate on balance transfers and any I H CK FEE, We WI I Cl 'ar~e you a Returne~ Check Fee mtroductory or promotienal rate on purchases that currently' of 129,O~ ~ach tl~e yeu pay us wlth.a check t,r.at lS returned applies to your Account, and any such rate that we have I ~npal~. ~lIS fee wil~ a/so apply If a debit tr~nsactlon ~o a d~P:Os\t previously offered to you will t~rminate and the standard ctou t. from which yeu 0a~e authorized us In wntmg, Annual Percentage Rate for purchases will apply to the balance electronically or orally to pen?dl1;;ally deduct all or a part of an oi your balance transfers and purchases as well as any amou~t yol.! owe us un~er thl~ Agre~men~ IS returned unpaid. introductory or promotional rate on purchases and any initial W: WI)) charQe you thr,s .fee ~he ffrs! tIme ~n'y payment is special rate on balance transfers that we have previously offered re Utn-eo unpaId, even If It IS pclld upon resubmlssJon. to you. 1f the standard Annual Purchase Rate for purchases is less RETURNED DISCOVER CARD CHECK fEE, We will charge yeu a than 19,99%, then the standard ANNUAL PERCENTAGE RATE for Returned Check Fee oi S29.00 each time we decline to honor a purc.hases will be increased to 19.9'9% (a Daily Periodic Rate of Discover Card cash advance check, bal,lf)ce transfer check or .0S477%l. other promotional check, If your standard ANNUAL PERCENTAGE RAlE -for purchases is less STOP PAYMENT FEE. We may charge a Stop Payment he of than 2.t~9.% and ~j)ring the ,current.and immed!ately preceding $i5.00 each time we stop payment ,It yeur request on a cash elev~n bIlling penods you either failed three timE'S to make.a advance cheek, balance transfer check, or other promotional reqUited payment when due or exceeded your Account credrt check, limit three times as of the last day of a billing period, then the standard ANNUAL PERCENTAGE RATE for purchases and fer cash LATE HE. We will charge you a late Fee. if you have fall ed, as of advantes will be increased to 24.99% (a Daily Periodic Rate of the P~'ym~nt Due Date,. to make the Mrnlmum Payment Due that .06847%), was requrred to be pard by that date. The amount 01 the late . Fee IS based on the sum of all outstanding purchases, cash CASH ADVANCE TRANSACTION FEE F~NANCE ~HARGES. We will advances, balance transfers. other charges, other fees and charge you a Cash Advance TransacVon Fee: fmance Charge of Finance Charge~ at the end of the billing period, If the sum i5 less -,. .1- ~, .,-_-"",,",~,,',",."__'_,,_-, -.00.-',...-"..",','. -'..~,'_.. tr.afl $ \00, t~ late 'Fee is $15, 11 the sum is equal to or greate others, how we safeguard the confidentiality and ,securlty o~ than S 1 00, and less than $1,000, the late Fee is $25, It the sum is rn1ormation and the steps you may take to limit our sharing of equal to or greater than S1,OOO, the Late Fee is BS. such information with cthen. Please re~d 'I~ caret~Hy as it is part of your Card member Agreement. As mdICated In our ?-rivacy PAY-BY-PHONE FEE, We may from time to time allow you to Policy, we may report to credit reporting agencies and other make paymenu by authorizing LIS over the telephone to tram;1er creditors the status and payment history of your Account or pay funds trom a deposit account to your Account. We will induding n~gative credit information, We normally report to charge a Pay~by-Phone Fee of S,O tor each slJch transfer or such credit reporting agencies each month. If you believ~ that payment. our report of your Account status is inaccurate or incomplete, RESEARCH FEE. We maycharg€ you a Research ree of SS,OO for please write us at the iollowing address: Discover Card, PO Box each coPY of a billing statement or sales slip that you reque-st 15316, Wilmington DE 19850-53i6. Please include your name, However, we WIll not charge a fee If you request copIes In address, home telephone number and Account !'lumber. connectIon wrth a blllmg error We may from time to time review your credit, employment and OVERLlMI1 rH. We will charge you an Overlimit Fee each time income records, Our personnel may Jiste,n to,or record telephone that, as of the dose of a billing period, your outstanding calls betyveen you an~ our representatIves In or,der to eva,luate Account balance exceeds your Account credit limit, This iee may the quahty c1 our service t,o ow: Cardmembers wl~h~ut notice ~o be charged even if the transaction which causes you to exceed ~o(.J. We may use any medrum, lncludmg but not hmrted,to mall, your Account credit limit is authorized by us or if you exceed live telephone calls, automated t,elephone equIpment, our Account credit limit due to the posting of Finance Charges' prerecorded telephone calls, and e-mail to, contad you about ~r fees to your Account. The amount of the Overlimit Fee I~ \ your Account or offer ~ou products or servlCeI that may be of based on the sum of all outstanding purchases cash advances: value to you, If you pre er not to b€ conta-ct~d 1n one or ~ore of b I h f d' , Ch '; these ways, call us at 1-8DD.225.5202 or write to us at Drsco\/er a ar'lce transie~, l?t. er cha.rges, other ee,s an Finance argesj Card, P,O, BN 3096', Salt Lake City. UT 84130-0961. We provide at the end of the b,rl(I,ng pen?d. lf the sum IS equ~l to or less than 1 various methods b~ which you can obtain information about $ ~,o~g, the OVe()II~lIt Fe~ IS S 15, If the sum IS greater th~ni your Account. We will only release such information to you, any ) ,0 ,the Overlimrt Fee IS S35, i Authoflzeod User that our records indicate is an authorized buyer DEFAULT.ACCflERATlON-cOLLECTION COSTS. You are in default on your A(.count, and any other person with your prior ii you become inso~vent; if you file a bankruf,tc;y petition Dr have permission, in addition to as provided in OUI Privacy policy or as one Wed agalnst you; if we ha\le a reasonab e beliet that you are required by Jaw, Our se-curity measures cannot (mure against unable or unwilling to repay your obligations to us: if )'ou ar~ unauthorized 'Inquiries, You agree that we will not be declared incompetent by a court or jf a court appoints aj re~ponsible !or the release of information to anyone who, even Sl:uardia~ for you or a conservator for y~ur as~eb:; if y~u die;. or if with.out your authorization Of permission, ~a5 gained If you fall to comply WIth the terms of thIS Agreement Includrng, possessIon of a Card or has learned other Identi~yin9 falling to make a required payment when due, €x.c.eedin9 youri characteristics abOLrt you such as your personal identification Account credit limit, or using your Card or Account tor a I numbe.r, Account number or sodal security number, Pro~ibited Transaction. If you are ,in defaylt. we may declare the ELECTRONIC COMMUNICATIONS, We may offer you the ~"e~tlre balan,c.e of ~our Account lmm~chatefy due and payable opportunity to reteive certain notkes from us electronically , ,without notice, If we refer the collectIon of your A:ccount to an rather than through the mail, including monthly billing anornE'Y or E'rnploy an attorney to represent us With regard to statements and change of terms notices, The term nd recovery at money that you owe us, we may charge you d" ~ ' ' ., . s . a ea on bl tt 'j ad.... othe collectio c its as con Itlons lor receIVing these electroniC communications WI/! be r s, a e a orneys ees n co":,, \. or r n 0 described in the offer :, permItted by law and as aaually Incurred by us.. We may delay , : eniorcing 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 th~ triln~action. In somE' -- b " ,cases, you may be asked to provide identification. If our CA.N,CEI.,.LATION, YOu may cancel YOlfr Account Y,notlfyIng us In authorization system is not working we may not be able to wrrtlng or b~ telephon'l! anti re-turnmg or destrOYing every Ca~d authorize a transaction. We will not 'be liable to you if of a~d unused ch~ck that we have prOVIded you. Of course, y~u Will these events happen, any still be responSIble to pay any amount you owe uS accordmg to the terms of this Agreement. If your Ac(ount is a jaint 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 Agreement. including any finance charge rate, tee Of method of your Account at any time without notice. We may (noo:.e not to computing any balance upon which the finance charge rate is renew your Account (beyond the expi~ation date shown on th assessed, or add ilIny new term or part to this Agreement by face of it Card) without notice, sendin9 you it written or electronkally delivered notice at least ~ . f' f . b d 15 days before the change is to become effective. We may i!pply PRI :lACY. We respect t~e privacy 0 ,In ormatIon a- out you an any suc.h change to the outstanding balance of your A"ount on your Accl?unt. Our Pnvacy Pollcy tnclu~es a. summary of t.he the effective date of the change and to new charges mad aft r persona! InformatIon we collect, when rt may ~ shared with e e - \0- -11- ,,--":.,..-....,.."T'. ;,'_'",i"':;""~""~I_,_......~"i,~ ;_""__~,_.,,,,'~">;',oi''''~'.'_'''.' ,",-.-,' ~,,- -' r-I~ .~L, .' ,.. .:' .,..,;..,,~.,;,,;..-i i;~~~~~~~;'~~~~"i ".; ,JE.>~".':;:~:;';~:i':"";:\~*Fi~,:~~~~'::ir:;,:;"":~:, \ \ ..:~~~;;;:~;'.:l~~it$,'A I ""7."..~C":":";3f';:::~11 -'"-",-"-",i.:"' --'~'"~L".. '.',-,.. ~C_~' ';;r.-- '~~,~'~~.;l:L::t07t~~?2~' ',,;' ":,;:'i.;,_,'o<..:,,_';':','<::' ,'.' ,~~ .~;.-_....,~"",; .,,-,..,",~ that date. If you do, not agree,to the ,hange~.-'you :musfnotilYps in writing or electronicaUy within'1S ,d,!ys'after}he:malling'af the' notlc.e of chang'C' at tne'addresS'J'p,rovidedin :the:-notice~ot change, in which case your,-Account.wIIL be do~~d and you'must pay us the balance that.yoLtowe~us underithe exiSdr:'l9,terJ;f1s of the unchanged Agreement 'Other:wise;..:you'will-have:agreed.to I the changes in the:: notite; :t}se.:~of' .YOUF Account' atte~' the ' effective dC.lte of tne 'change',~iII~!be ,de~med,,~cce-p-tante?f:the t new terms as of such effectrve'-,da.te""even 'If. you preYlously i notified us that you,did'not agree. t~ ~i5hange, : ,c,'i:>-:';':; ~ CHANGE OF _AODR,f.55,~,jf'y:~:~,'~ch~n9:~;y'6\i(_addr~s,s-:_;~6:U:'P~st II notify us cf,!our new i30iJ"reS3 Withln:l5:-,days::'_-'_~"',,"'_"~~' -":., '~:- ASS1GN,.M,ENT.:O~, ACCOUNT., ~,';W;,. ,e:-rn~y, ';ei1,.i':~a,ji;i9,n\;,'(J,r~,~:s,tefyotl'r Account or any l?ortiOfl: t~e,r~?~.wi!l)o~:n~!ce, tp>Y~~{~',e"u.n:C.ly' not- se~l, ass,i9n:or 1r~nsfer ,'Y.-.oDrA,ccouptW,I~,~,ol.!~Jm;t:J?,?J~1f'\~g our pqor writtenc~~sent.,:, , _, ',' '-,"'"" ',,;::,; ~~;J\' ."J ARBITRATION OF DISPUTE'S: In the ev~'nt of a'ny' p~st,'present-~r tuture claim or dispute (whether based upon contract, tort statute, common law or equity) between you and lJS arisrng fr~m or relating to your Account, any prior account you hBvt! had WIth u~, your applICation, the relationships which res~lt '/ro,m y!?ur Account or the enforceability or scope of thiS arbItratIon prol/ision, of th~ Agreement or of any prior ,agreement, you. or we may eject to resolve the claim or dIspute by bmdll'l9 arbitration. IF ErTHER YOU OR WE ELECT ARBITRATION, NEITHER YOU NOR WE SHALL HAVE THE RIGHT,TO LITIGATE WAr CLAIM rNCOURT OR TO KAV't A JURY TR~AL ON THAiCtAlM.-PRE.HEARING DISCOVERY RIGHTS AND POST.HEARING APPEAL RIGHTS Will BE LIMITED. NErrHER YOU NOR WE SHAll BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WITH RESPECf 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 i~ court, you or - we. may ele-ct arbitration with re~pect to any claim mad~ by a new party or any new claims later .asserted In that l~wsu\t. and nothing undertakel'l therein shall conrtltLlte a waIVer 'of any rights under this arbitration provision. '-:'" _' ,~: "" _~,,'" ___:..,.. , .. We will not invoke our right to arbitrate a~ 9;'dividuill ~lalrii you bring in small daim~ court 0'; your state's€qbivah~nt'courrlf:any, so long as tne claim ii:.pending o_~,.i~,~~hat.,~oul:t;md:?ces ~o't: exceed $5;000,00. _;,,_ _~'~', ';", ,0". I, ': - , Your Account involves interstaie:'<o~~~tcL'~:~d,:ihis provi~io!i shall be governed by the 'Federal'-Arbj~rati';IIl~Act__(r,~), The' arbitration shall be c:Dnducted, at the option of ,whoever flies the' arbitration claim, by. either,".dAM6~ndisp~,e'){MMSr~OT tn,e National ,Arbitration Forum, {NAF.},~In:;:!Caccofda[lct!, wlth-:theli procedures in effect when the :clailT.l-,:is filed, For? wpy;:of ,their procedures, ,to file a,:daim -OrJor:othe[ 'jnfDrmation,~'c:ontact JAMS at 1920 Main Street' Su~tl:!>300: \rvi-n1!:, CA926'1A,(phone ,- 800-352-5267)'or NAFat P,O;,Box 5,0.1-91', MinneapoHs.: MN 55405 (phone 1-800.:.474-237,1), "At:c'YOLH'-wrihen;.request" we, wjfl, od\lance any arbitration ming, - administrat'rve -and hearing fees - 12 ~ which yo.u would b€' reqlJiredto pay topursuE'a clairc,qr dispute as a result of OUr ejecting to arbitrate thatdaim-or,disPute. Send requests to P.O, _Box :15192,; Wilmington, DE 19886-\02Q, Tht! arbitrator will d~cJde who., wW ultimately be responsible for paying these iees, In no' event will you berequired to reimburse us fq,r.-any ,arbitration filing, adminiWatiye, or hearing fees in an ~mo-!Jnt greater than what your and our combined court costs wo-uld have ,been if the claim hC.ld been resolved in a state court with jurisdiction, In no event will you be required to pay any tees or costs incurred by us in connection with an arbitration pro- ~ee~ing. whert! ;such ~ reCluiremen.t is prohibite~ by law, Any arblttatlon hearing wl1l.take place In the_ federal Judicial distdct where you reside. The',rirbitrator shaJj -follow applkatile sub- stantive law to Jh.~:,e.xt~nt fS'",si,5'1'-ent ,with the' FAA and appli. ~~b.le na~ut,e~'9.f hmita,tl.qn5 and shall_:hqnor .claims of privilege ~ecogril,2ed ~f law.,'lf r~quested by any party, the ar~ftratoi ,shall write an opinion' C'oMain1ng the reasons for trie 'award,"The arbItrator's dedsiorr will be final and, binding extept ior any appeal rights under the FAA and except that if the amount in coni.roversy, exceeds $100,000.00, any, party may appeal the aWC.lrd within 30 days to a three-arbitrator panel which shall review the award de novo. Tht! (arts of s\Jch 1m <lppeal shall be borne by tht! appealing party regardless ot 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 ot and be. bil'ldil'lS upon OUT parent corpo- rations, subsidiaries, affifiC.ltes (including, without limitation, Discover Financial Services, Inc.), predecessors,. successors, as.sigm, a~ well as the officers, directors and employees of each of these entities:, and will also inure to the benefit of C.lny third party named as a co-defendant with us or with any of 'the foregoing in a daim which is subject to this arbitration provls:lon, 'foUT rights and obligations under this arbitration provision shall inure to the benefit of and be binding upon all persons contrC.lctually liable -unde.r this Agreement and all Authorized Users of, the Account: This arbitration provisior. sr.a,lIo-survive termination of y'our Account as well as voluntary payment in' full by you,-a'nylegalpr-oeeedlngs b}/ us to 'coUect a ~_ebt owed by you, an~,_bankr~ptcy by you il_nd ariysare'b~/i:!'s ofyoJr:_Acd:iUnt:. COMPlIANCE WITH, ,INTEREST "AAT-E', U,MiTATIONS_:,'We ;inte~nd that 'thls'- Agreeme'nt will -"omply'- ~ith' applicable- 'mt'ererl:'i"ate limitations. You win not be required to pay Fin~nce Chargef'Of other" charge~ at a rate: that ,IS :greatef than1he 'maxifi1Ui-t1 amount permitted by law, If It is ,ever finally determined' that, but for this: Sectior., the Finan'te Charges or other,charges-under this Agreement would exceed the maxim~m laWful amount, the Finance' Charges and other charges' will be reducedto-:,!ne maximumlawtul amount. Any excess amount that you' have already paid will be use,d to reduce, the outstandjng balance of your Acr.ount_or will be refunded toyovby meanSc,of a -,hec~' in. our discretion._, ' ' '.:, GOVERNING LAW. This. 'Agreement will b~, governed 'ay tne -laws of the State of Delaware and applicable tederallaws"lf any part -13~ 0- -,,,;,,,-...__~,,-"'_ ,,-~,_.~.,.,,-~-,,..~_~,,,.~._,,;=,-__"_,", ,'--~-"_.._-_'__"_"'.. .' .' ,,',':>.-::,>1 ;.~f~:~~.~~f:i~~~'i :~,2" :)':'Y~"::::~:"'~',:~":'~~W~~f'~~~~ ! ,. --.. ...~_:_:~;,,:;!;;:;;.~t;~t-si.~~~~~:;;i~:,;::;rincJZff!;ff'7",='~"~:;C;,"'C-'-"~;~~:~~;~7t 01 this Agreement becomes un~nforceable;-it will not rna:keany 1 2. 'Is Pers'onal:lnfor.matiori Shared With Othe'rs.? .,;"1,' ;:-:~";':fili~"'i'1 other part unenforceable. ," , ;:'. :" -, " ,:_, :. I '" " "1 .,~. Discove-r:Barile. ".. w~7iimit"the sharing or ')nformatib.n-\.yith o,ihe.ri,'J"'~ryi_;oh.h~' DIs'cOVE'R CARD '_:". -", -"~;' offers-yo'U'receive for products ,~nd servjce5"are_~r6"'lded directly ,,: to you fr'om .us. For example, a'r'et'ailerthat"ac'cepts' the Discover '.R.' "_r1.'. "..:-.j:;'~~.,,~''-,}', ,j Card may come to us with a special ofter for Cardmembers,suCh "'U #? _ ' as: ,a discount certificate_, :oCprt:ldtrct upgrade,'1 After .careful consideration of the nature: of. the' offer and :the comp,an.y;~we Vice, p;e~sident ,_:'~ j will create a list ot Cardm~mbers who, may be interested in the offer based on certain ,ch,fracteristks: We will send _the' offer directly to those Card~e~b~r5_qn_bebajf, ottb~'[~tai!er,QY,Jo.r example~ indu-di'nganjps_ert)ri.ti)~ir' fn9:nth1y,_ bOllhg"Stateme,[1t .or mailing ,the offer.:ou.~se'!~e~~,W(co(\tro,1 th~ If.ijQrmati9nused to make ttie _o.ffer;':wtd6'.hot\f.iate' the.listor' anyjnforrhatiofl ~boy~~!:,~W ":' ;_~ f ~:ne..ch~e.~s, :.'.o/i~~<th e,' ret~i_lei'_. fioweve,r, :pl ,~ase understandthat.lf YCludo receIve t.hts type of offer from:,us and chbbse to 'take' aO\"-antage of it, the retairer may then :Iearri information about you because .only Cardmembers with certain characteristics received the .offer. There are, however, circumstances in which we may share the infarmation we ccllect about you, as described in Section 1, with other companies in .order ta provide you with access ta prcducts and services and to service your Account effectively, as getailed below. We require these companies to adhere to cur: privacy standards and t.o use this information only for the-'Ilmited purpase for which it was shareq.,We do.n.otallow,them to disclcse it to others without,our prior:appravaL' .",' ,a, Sharing Personal, Inforrrja"ti;~~ 'W/ih,' Oui Corp.orate: 'F.amily We are part of the Morgan Stahley family .of companies. Ou'r corporate family .offers a wide variety of pr.oduCts and serviCes that can help you manage your finances. In order to provide y.ou with access ta these praducts and ~ervices, we may share the information we collect about you, as described in Section 1, with other members of our corporate family. These ~.ompanies inc:lude financial serVice providers,that offer. mortgage lending services, securities and asset'- maria'gement - 'sel\lices,''' investment opportunities and mutuClI-':fLmds; 'and maY'.ir.idude non'.financial service prowders'in.1:lie;f.ut'uTe:as~'our, corporate, family cohtinues to grow.:lc}~ ~~ ."!:~=~ ,');, :',':-?c)':'. .,";7:J:,:,';-'l! t.. ,,'~ ;;:-,~;I :'" ::: ~~~haring'~:pt!so~a'(inf9'f;rF,afi6r{~t~':'iq~:AHitfaj~if_ P~.rt/'es; (.o-r -Mark~1!rig-PLJrpos_e~.: I~.,.,: :_', ,:;':_<,,:1,,\ ';.~;~.'::';":-:.::: .;, :..,:: We may share the, infG~~ati'o~ we 'collect iltlou'i :iou,' as described in Section. 1, with non-affiliated third parties, including, those. that ,accept the Discover Card" iriorder, to provide you with access to products a~d services .offer~_~ 9lrectly by these companies that may be of value, toyou,~;.rhe,se companies include fina,nciaI ,s,el\l\ce providers, such as insurance cotnpa,n~es,.,a.hd.non:f.~~anci~! .comp.anies, s~c~ as retal,lers.~; >, c. Sharing Perianal lriformation"with OtnerJ We may .share the - information' we collect about y.ou, 'as described in Sectian 1, with companies that perform support or marketing services on our behalf, such as mailing, market r- r .~ , : I! , "", - . ",-.';"':" -" .'._1.,,''''- '..,,_,.. ,PRIVACY PoUty..n Welrespect Your Pr\vacy":,':;~.'~ .. . Our missiorl is .t.o provide yo'u,_~ith "sl./peripr _,pro~uct$:".alJd services, along with, the ",peace .of ,mind ,:ii:nowiI19 ,th~t ',Your-' privacy is secure. We understand your concerns about guarding inf.ormation about you and your Account. We want to assure you that we have taken steps, and will cantlnue to take rteps, to safeguard that informati.on. This Privacy Policy describes our effarts to meet these objectives, It includes a summary of the following important information: . A listing of the personal information we callect. . The circumstances in which we may share informatian with others. . The ways we safeguard the confidentiality and security of information. _ ' .."~ , , . The steps you may take. to ,limit .-our 'shatirlg .ahsuch information witll others, See Section 4 for complete details. Please read our Privacy Policy carefully. lt will help you under. stand haw we collect and share information, 1. What Personallnfarmation Do We Collect? To serve you better and manage our business, it is impartant that we collect and maintain accurate personal information abcut you, We obtain this information from applications and other forms you submit to us, from your dealings with us and others, from consumer reparting agencies" andfrom_>?t.her, ,sC?urf:e~,.su~b aSDur Web sites, F9'Lexample:, ' ~,,:,.' '.' "',,: , ~ ,we may, obtain, iClfoqnation_ such,:as:Y9:ur ,nam,e,,:a,9d.r'ess_, and, ,- date,9f.b!rth :frl?m_appl!(~tio~~ ,a,n.~. O:t~~r~fqt.rruJ,if~)~:~,r:nit,.to .u~,"'-...::,_,b' ,;;'f.., \;.~~"":__,,,.,;, ~-rr~f"~-;iJ f{),{~,:(~:('Jl'ti' 'i,"';;':'?!:: ,,:, . We may .obtain: -information, ,sUth ".as Acrou~t :baJances; payment histary,:your, use ,of. your AccCl\--,ntand the types of services you prefer from ,yaur transactions _and other dealings ,with,us and others" '....'. ,.. . _ ;0,.. ""_ . We , ri1ay obtain infarmati.of!. such_asth~ balanceS' of-your;loans with'other'lendernnd:y.our payment hlst,or.y .with others -from consumer 'repartin,g.ageride~;,::"_:" ;'~:~';:;," ",: ".',_,,' _ < -We may obtain' info.rmati6ri;':_si:i~na-s~YJ5Gr'lritfr~~t' ~~~j,~e pr.ovider, your domain, name", your, _computer's _operijttng" system and Web browser,' yourWeb: stte',use and.your:product and service preferencestrom your visits to our Web sites.. -14- - 15- ,',~; " "._'_~-,__~ __~., ,-'~' .-7"~";,,,'7)~~'..:., i:.\;',":;,:"'iiF:~'~::-!'~t::~;*~',: ,,,.' , ..", ", ;" ~ ," ,~::~:~':5jS1~1~:~t~i~~~~.;r.!:~}::",~' , '-',',-,' ,-. -,....,...,...~____.....;~_~...,.+.,.....,~_.._c~.___'--,___-....'"'...,,_~,..--" m .....,.c-~.-:...,"_-_-,.-___-":,__~,.~.:><r_~""'~-~c~.__~ .."';\'~ . ,. ,.' ~" -<,... t ~}t'i;t~~~~~~f'li ...'----'-...~-'.....,..'.', .....,.;..,,-. , research and data 'proceisingi: other. financiaL:in5titutions'witfl which we have joiot marketing, agreements; or companies,that are our partners for cobrand"credit, car~ 'program~, or: r'e.war.d programs. We may al~o' share,such ip'.formation:as .permitt~d by law, .. -,~~(, -' ,..; .ii.' 3. How Do We Protect- The Confidentiality, Security And Integrity Of Information About You? We maintain physka!;, electr~rik and, ~ptoc;P'uraY sateguar'ds, ~o protect theintormation, w~~_oHect -,a~9ut',you,:A~,ce~~ .to_ s4th information is rest,:ict~d -toindivj~ua,ls ~ho need,it"in 'order__tD, serVic!!_ y~U[ ~~~ou~ror~~pr.ov,i~e,' Pf.o~:u~1st'a,r.l~: ser\i~Ces:,to: ~:oti.. and_who'a~e tralned,!!}the_p~ppe~ handhn,g ,oh~,h t~forrna~!olJ~ Employees who violate,'1hese",col):f)demj.al!ty_req~jremen1;s"are subject to our discJplina'r)i prpcess"Where_ thir9 parties,-'proyide support. servic~s, we require' them 'to' conform to our privacy standards, ' It is 'important that the information we maintain aboLTt 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 Umit Sharing Of Information About You? We respect your privacy and offer you,choices as to whether- we may share informatio'n about yb.u~wiUfothe'rf"'If'yo6prefer:tha,t we not share the information we,coJlect.about-youi 'as described in Section 1, with non-affiliated third parties or if you prefer that we not share that information with companies in our corporate family, you may opt out, that is, you may direct us not to share that information, Jf you indicate a preference that we do not share that information, please understand that you will not rece_ive offers for products and servi_ces, provided,.,by" pth_er companies that couh:i help you lo~_er yo:uf:.c9~ts,-.p1~ximrzejlour financial resources and mana,ge yO\.lr f_ina_rites,.' " , To .Jndicate your preferenc~~;~:cair~~~~t 1.:800:.225.5202 ,or'V:~i.t~ to us at Discover Card; P_O. B,ox 3096J-.5altLakeCjty;Ul;~13o.r. 0961, Jf you_ have previousJy notified us !lbout_your,priv.i1CY p:retf!:ren~es.~!t i,s ,not,necessa,ry"t[). d()_.so ,~gain _unless YO,u',decide to change your preferences. Your -",\irftte'rire.qlre~,~hD.';-!Iq,;jp~l~de your name, address~: te,lephcme, ryumber,ana. Ai:COLuit iiuml)er(s) and should not be se.nt' with 'any otner.~orre~ponden~e:ln"order to process your req-uest we require_that the -request:be provided I by you directly.and not-thr.cugha ttiirc-'partY: 'l:'o'u will need to ' pfovideus with.your. preferences .tor'.:,e~ch-ctedft;"Cara' ac~'oqn~ I i ~:~ch;;;, :~~~~;'~:~s ~:~b,o:i_ Y_O,y~"1'r,~f;r~,n'i~~,,:i ,~~,y,' ti~:~ih~~~~' I request wilt remain in'f!:ffei:t,'untiJ'y~u,no1jfy.us'_''otherWise, We will honor your request anq not'Share.the-iriformati_on we collect about you, except-as permitted by.law:- F-or examplei~federallaw permits us to share information about you: witl:1 cmlsumet reporting agencies, service providers and marketing partners. Jt " 11 -16- . " ;;~J.:~tc~;:;~~:",..-.,~.":.'~;-i;:;;',,,~~:~~~;~j::~'Si;;;T~:':,~-......I'--:':~-;': -""'-.,~~'-i;.:':'''~ 'I i also, per:r.nifs-,ij~_t'o:sl:l'are' infonnatj~n;about:our.experieh'-f'S and transactions,;. wit~, you, such.. as .your _ Accourrt. balance and payment hinoi)'; with other. members of our corporate family. It YOl:l..are 2'r.'Ie'"YCardmember, we will not share any informatron abClut you, except as permitted by law, for-thirtydays 'after 'We provide this PoJicy:t~),OU in order. to give you an, opportunity to Inform us about your' preferences. If you are an existing Card member, please .understand'that you may continue to receive marketing offen _directly from other companies that wer,~, j!lready ,il) prodl,iction prior to the processing of your r~'~U~~st._~~:..:~, ~;."1;;,~,;;~~'~-~/.~';~___::'.' ::.\:",'~. . " :" ~,_; :' This Prjvacy, Ppljcy.is;P!o.~id.ed:to-th~ ,pri[T1ary, C;r:dme~ber'list~d on ,~he /~~courl ,/"low~~~~<~,ryy jpin~:Car,~~rryber has ,the ri~ht to n9t1ty._lfs apq,u:t ,prj;t~!.e;QceS',:qn,~ ,,<<~:w:m ,treat,_,:t:/,af, request, as applying to theentjr~ AccDU'nt.:We'oo',"not'snare' information abouttormer customerS'; .except as permitted by law, This Privacy Policy is provided to you by Dis~over Bank and its subsidi~ries, which currently include GTC Insurance Agency, lne. It applies to the Discover Platinum, Discover Gold Discover Classic, Discover Private Issue~, Discover Titanium Cards, and the produ~ and services offered in connection with those cards, Including The Register- card registration service (with the exce,ption of any information registered in conne-ction with the servlCe, which will not be s,hared), It is part of your Cardmember Agreement and provides ,,0 flJrther explana,tion_of "hpw ;,we collect and share' infoJmatlo~. :YolJ:rnay:~aY.e, ot-rle( rights: upder st~te laws th~t app,!y to .thi~irdormation"Please. note,that'you Will also receive privacy notIces for other credit card accounts you have WIth us, as well as otnerfinamial products and services provided to you by us and our affiliates, You will need to i~dicate your pref,erences for each of these separately as disclosed In the notice. . ~ermo,nt ~nd. North Dakota ,Residents - Your State laws require !Inamlal, instItutiOns to ~btaltl your "consent, prior to sharing Infor~atJon about. you .wIth others. ~xcept as permitted by law, we. ~111 not ,share mformat,or:hwecoJlect!about,you_ wi,th non. affl!)at,~d thir.dpartie~"or".ifyou ar:~ a:'vermont, resident. _with compa~jesin our .corpora'te famf!y''Uhless you'c'all,'us at F800~ DISCqYER,a~d'a.uth,~'\i~<ult(~~)~",~ ~~;~,>;.' ".~>< ~:. -.. , :;:""'" ;',' ;:'~n\'.~, Ii..,; ,!'.i""', "'," ~ C',' ,';". ."-,,_. . Your. SiUingRights KEEP THIS NOTICE FOR FUTURFUSE-. This_ notice contains imp6rtanf inf~rmatjo~: about-.your:' rrgh~ and our responsibilit~es, under the FairCreditBi!lln~, ,Acr,: _.:'..'.': 1. Notify Usln Case of E~rors o~ Questions,A~~ut ~,,!Lir.Bi!.J\,:" ,f you think your bill is wrong, or if you need more intormati~~ about a transaction on your bill, write us on a separate sheet of -17- ----.._,.-~...~=-~ '" ~ ,', ''::.~:'~~~S~ir:~:t~-:::~;~,tStt~S0{~~~~~''~: .,7: - -. "-:;:~?':R~~\'8j::~~7;~::78t4f""'~. ~ j~"..>'t:~:;:;:;::'.~. ~_~.Mi~~,,,,,,,,">-';""~~~~-';."~.~:_",,",,~",,,.~.~~';' '."-.~" '''''~~>;;'_:;''-''<~':_-'",,''';;~'--~-'~~'~ :,~:,'::~':z~:~5iit~~~~;'~~;:~i:"o r:--';'--';"';'" r .' ! !,~ 'I',' . .,......, ...1 -' -""",',:',,, ."..,....,', ~~i:t;:~e:~:s~*~I~ ,-, ' .',.,..;,- ;', ," -, ~ ~~izl1~i.~." .-' n., '_ -':,"_ ',~~--,"-'_~->~"'.,~"'t; ':_ :: '~,' ':?:,',;" '~-";~~':;, ':,:'";,:i::.:;,', ~,--',;-~,_,',-,,;,,';'~'-'''''',,-! ""ra' ,.r paper atthe!:address,'Hsted- o_n'~your,' biUJor' Notice .of :,BiJling Errorsi .write. to us. as soon- as possible, _We must hear-from YOLl no lateri:han 60 days after we-sel1tyou the first bill'ot'! wnic,h the error or problem appeared. You'_can telephone 'us, but doing so will not preserve your rights. ....-, .-. ';'1 l~ Yl?ur_re~~r.give.'_~U~e f9.F'€r!jpg)rfPr:~~~j6,n:,' . your narri~ and Accoun~~ump-er.' . your dollar amount of the suspected ,eir~r; <~ . describe the error and explain, if you,can; ,why'you be\;~ve there is an error.rf you,:need more information" d,~scribe :t~,e it em -you a re n~t ;s_ure 'ab.oL!t;:,~,:, ~'::- _:y:Y<::~" r~"~,,;,,,~! ":--":_~"'~:;,,,r~ 't' ,-:f' , It" YO,li,_ j,'ave,_, alJ~~Qr.i:iiB':::45",,:~9),.'p'ai_.',~y_pyp~,credit: carGl::_~;pill automatically' ~rom, yquCsavi,ngs~_br_ checking 'account, y~,u. ca~ stop the payment on ,a,~yal'D-oYhtyou 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 iJnd 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 bE!lieve the bill was correct. After we receive your letter, we cannot try to collect any amount you Question, or report you as delinquent. We Clm t.cntinue to bill you 10r the amount you question; i"ndudiiigfiiiance charges, and we' can, 'apply any .uiipaicf arriblint "agaiM'rt~ you(Acco'unt credit limit: You do not 'nave 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 wjll 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 eith-er ',case, .we will send you a statement of the amount you owe and the ,date .that 'it-i~due, If ,you :f~jJ'to'pay'tfie",~mount th~i wE:r-thlrrYdlro~{"we:,~ay report'you as delinquent H_oY"ever,lf ,our: .e~pla~a~iC!n::doen:lot: satisfy you and you write us',within ten days telhng us ,th~tyou still r_etuse to' pay; we mort tell anyone we report you't6 that you have a~questi,oh a'bout y-olir'biU. And, we must telf you the name of anyone we reported you to, We must tell any~.ne we report you to that the matter has been settled between us- when it finally is. If we don't follow ttl~se 'rules, we,can't collect the first $50 o,f ~h: ql!e~ione~,amo~nt, e.v~n ,if'yayr b~\! was c~rr,ect. ' 3',fpe~aLRu/e For Cr:,:r[it_:C~,!!.,!urr:has~s _ '{, _,_",j;: li'you.-h~y.e aproblem-wlth;the iQuairtY.~of.goOQS or. ~er:vices that you p_urchasei::J with a cr,~di:t.'-ard",anq YO,utried in goodJaith to correct, f':le problem"with th-e 'T1',lerthant; 'Yoa may ,have, the' right notto'pay the.remaining amount due,',on the ,goods or services. There are two limitations on this right, -18- ....~_o_....... '---'-'~ ! (a);;y()u;muSt-have'lmade'the'purchase in your home rtate--or, if not'Withrr:l'yoclr: home state, within 100 miles of your current mail!ng"'~ddi'.er.sj- end (b~:~ip.~r~~a,5e price must have been more than $50, Th~se limitations do not apply if we own or operate the merchant. or if we mailed you, the adv~rtisement for the goods or servic.es.. DISCOVER. CARD CAS HBACK. 80 NlJ S.PROGRAM TERMS ANDt6NDITIONS The Cashbad:, 'Donus' Term's and Conditions constitute a separate and independent agreement from the Card member Agreement and apply to Accounts that partid?ate in the Cash baCK 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 cenU which may be attrued by Cardrnembers by using their Discover. Card for qualified purchases, Cashback Bonus awards include Traditional Cash back Bonus awards and other Cash back Bonus awards as described below, Cashback Bonus awards are not accrued for Prohibited Transactions.(as defined in the Card- member Agreement), cash advances o'r halance tramiers.. 2, Traditional Cash back Bonl,is amounts are calculated based on purchases made during an annual period conl1;spondifl9 to the Cardmember's anniversary year as described in paragraph 3 below. The first ilnniversary year begins on the date the Card is Issued and ends on the Ian 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 Cash back. Borius award is calculated by multiplying the total qualified purchases at the end of each billing period by: . .25% (,0025), if the purchases are part of the' ~'rSt' s i,500 in purchases during the anniversary YUf, Of, ii the'purchases are made at select warehouse dubs or discount stores, and . .50% (.0050), jf the purchases are part 01 the ~e(op(Ui,SOO in purchases during the anniversaryyear, and .~.,' , . 1,0% (.01), if the purchases are part oi the purchases- In exceSS of PiPOO during the anniversary year, ,',_ ,,~. _~,' ':?;'_-:;:-- . Any purchases made at select warehouse dubs:o"r discoun't. storf! will be ineligible for a Traditional Cash back BOnus' award in excess of .25% (.0025) of the amount of the purchases. However, ~ lS- ~:,::,.:;:,~,+.,.,..,.".,.....",..,,,,:,,,,,~'"'7:--_-!!_<::"-'" .' _ ",_ ".,_:,;#::,,-~'::'~fl":-,~;~''OO' . "._--'-:-~~".'~?~;;~fi~~J~~ '.,.-,.',... "';--~.~~. I -. "' ",--""..--..' '".", dst;,;~i~~~~~,) ;;';-':'~'-:'f;:7,'/?; :,::'.:~;i~}g:,iI~~'t::.:;j !,' '!' these,pufchases-wBl continue:to-.be'incJyded-in the totar amount of, purchases 'made ourfrlg<the.t,anniyer$ary ,year.:, and : Ds-edto determine the applicable percer.tage,ra'te'listed' above for. other purthases..Please,calJ 1.800.~47.-?B96'"or v_isi1 o~r;Web site at Discovercard:com for"a list of these' se'lect"wareho'usf'clubs and dtscount stotes, ,.,,, ':If;, 'f'. ,,::,;~,' -., fh~ iota.' of the:Sec.1Jculations for ea!~f?tNn'i~~r;aiy'yra'U,~"tf)'e accrued amount of the Traditional Cas.hback Bonus award', The accrued amount of the Traditional Cashback: Bonus award will be made available to Cardmembers as desct:ibed below provided the conditIons con.tailled=~T:1',parag_iaph,:-S~.below are...me~ The calculation for the.rfad.itjp~al -Casbback B~nusaward be'gins again with the beg!!1.f\ing 9t~_a.chc.Pnf'iyet:S~ry'Y~,~~. ,.-." , ., ",..,'.-,:--:F".',' ,...,,;" ';''-,'-, -"_"'-' 4, Cardmembers may also; 'tii c'ffered,' from 'tim~' tb trm~, other Cashbacl:: Bonus awards Ct.e,;-:by making a-purchase _stla speCific merchant), the terms' of which .will be disdosedin the offer. These purchases will receive the award amount described in the otter, They will not be cons'ldered qualified purchases for purposes 01 determining the annual level of purchases and calculating the Traditional Cash back: Bonus award unless otherwise disclosed in the offer. These other Cash back: Bonus awards will accrue in the Cash back Bonus Account in accordance with these Terms and CQr\ditlons unless an alternative method of disbursement is disclosed in the offer. In addition, i1. as of the date Discover Card determines whether a Card member has met the terms ot the otter, the, Cardrnernber's Account is _closed or delinquent. the Oirdmember wlll'n_ot (,ete'rii~, ,t~is.Clt~__ei Ca,5t'ib~ck Bonus award unless otherwis.e disc!osed,.in.tne offer. 'nor 'will the Cardmember receive a Traditional Cash bad: Bonus award on these purchases. The accrued amount of these other Cashback Bonus awards will be made available to Cardmemben as described below provided the conditions contained in paragraph S below are met, S, All Cash back Bonus awards will be held in the Cash back Bonus Account, The Cash back: . Bonus amount avai'fable for disbursement is the amount in the Cash back Bonus,Account' as of the ,last day of, the' Cardme,mber's,previous blUing;:, 'P~riod, However.,Cashbe:d:.- Bor.us.-"ilwards-" may.be re6eemed:'in increments -of $20,on!y."Cardmembers have no,ri,90t'to 'accrued Cashback Bonus amounts of less than S20~oramol;J[)t{withrn'!he $20.lncrements:. . },~;, ,~,': /:';J..,::.,:'__\"": OnlyCardmembers in good, standiflg with, open Acc.ountsmay access the accrued ,Cashback BOhusawards,. in the:'Cashback Bonus Account. T9 be,in,.good standing a Cardmember mayno.t be delinquent (as 'describedbel,ow) or i,n.,default<as defin_ed in the Cardmembe_r Agreem!!nt). anda Cardmember may not have used the . Account "10(; ,any pro0ibited. Transactions:;,.";The Catdmember is clelinquen!',if ,Discover..Card-has'not ,received ,'a requJred payment by the _ Payment Due, Date sh_own. on the monthly billing -statem~n,t;, ' . , If an Account is inaC1iv,e 10r 3~ .consecutive months-, any: amount -20- it; I ! j .. .... ..=.~'-:--~~:~~,:',,;~~;':~~*~tt~~~;,~-- ..:. ;-":_'- ~-,~-~,' -, .- , ',' ,..,~, ":~:';;~~f;;'~:/.~'~+~o;;,~, ."""......-;,'"";,;-,;.:; " ":"'_ '-;' ~_ -", _ _ , ' I of)20 ;!~9itJ~\is~r,Y~~'\'f.sht;acx ,Bo~tE;a~a~dS:~i!lpe paid tCi the 'cardtriember, a.:s ,an Al;co,unt rredlt._m,$20 Irlcrements,.lf ~he $22 ID~l~~Qfi!~:'or.~ry~nqe1ji,e_Z',t -01 $2~}.he!e~n~~,ls',~,9~ 're~(~ea; th'a~a_m6L1n,1 Will/be tDnerte:d, If. an Account)s clos~p";for'any re~son:!'ar\Y:'tashback Bonu$' aw-ards in the Cashba~k~'BDnus Actoii~WUJ be forfeited. ' ,'c , ,., ,,j:.,: -.,.- ::;;.';.!:::.'".,.'..,_ ;;.C.'-':i_~'n'.,. ~::-' ',_~;' ,_: '0;, ';", , ".,,'.... 6,'!A-:-'qua!ify'i!;l9 Ca~dmember__may have the-' opportunity 10 choose the - manner :in; which.'Cashback Bonus- awards.: are disbtJrsed, including_ a credit _10' the, Ca~dmember's Acco~nt:..a check that is mailed to the: carr:imember, or afH!"change otthe Ca~~back B,onL-I,s, a,\""ard, fo_r,Jelected_: products, _.q~ ~~,tXi~~~, ,}he terms of which WiU,:b~ .cbn.ta,rneClJh-t~~'9ffer,_-Ca~Qrnem5,er5.rnay select mote tha'n "one"redemptlon' methOd:: howeyet'.ea,h redemption ;"and- each'''.:redernptio.n -method ,:murt be -in '$20 incremer.l'ts: :Discover.;C:ar.d- rnay;i:hange the. '!:edemptiof\ -method) in .inosole discretiorr from-time to .time, It .is the Cardmember's responsibility to notify Discover Card i!l the event a Cashback Bonus disbursement is not received tor any reason. Cardmembers .may redeem Cashback Bonus awards by calling 1. En.YOUR A.WARD (i-8n-S68-72'92 (Monday-Friday, 7am. 7pm CST) or on the Internet at Discovercard.com, Prior to redemption, the transactions on which Cashbacl:. Bonus awards are calculated may bE' audited for compliance with these Terms and Conditions, 7, In the event a Card is tostor stolefl.' _the accrued am(:)UJ'1t:of the Cashback Bonus awardf.in the, Ca'shba'ck.~.sonl;'s':~c_count, the a mount of'q~!ifyin9 purthaie{ant;(.~he'_: a'n!1i\ie_r5_cT9: 'date.:ir:i?m the old Account will be transferreato the.rieviAccoLmt. - . , 8, Discover Card reserve,. 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 or round Cashback..-Bont.ls amounU to the nearest cent as determined in' its sole discretio'n, 'It the Cardmember receives a _Cashbac.~ Bonus award jnexcess of the amount: in the <:ashback-. Bonus Account;',',the ,Cardme.rryber's ACC9unf W_ill b~"de?\ted {bl the, ehiire. <in,'bunr'dt the -erroneous awa r,d ',di~~'u;:semer1t;Thjs,'amount wilt; pfstible:~.to th,e'tefms.'of th~'-'ardmer:ribe,(, Agi:~ement,_inc!udjf:lg'.b,uroo(/llT1itei:l,to .tQe L ~ po~!&}?,9' pf;fi r:a ns e :cR.~~~~j!~i~':"~:..;JI.~': .." '~e~~1-~~~,;: ~~i:l~;~i~L~,; 9, These terms and conditionsare..subject.to_cha'nge._w1thout notice, Changes may be made at any time, and may include-, 'but are not limited to, mOdifying th~ leve:!, of pU,rchases J,equir_ed to quality .for th,e various ti~rs, e,stablishi,rig a 1fIox\mum an:ounLof Cash~a_ck Bonus.award Cardme:1Tlbersrnar r~ceive, changing'the am,ountJhat must be accumulated, ion ,the Cashback, Bonus Account before:_on award may be redeemed;, c~anglng_ tbe ,type_s of transactions that, constitute,,,a, quaJif,ied pu'rchase" changlng,_ the am.ount of Cash back Bonus award aci.rued 0'1'\ certain types of purchasesj :im'posing additional restrlctions/of-terniinating the program., ~ -21- ----.,-....,..,-. '-c",,_,' , ,,'-,,'-" ',--,~~_-,.",..,~~~~"",~...:t';c-.,.,...-,,,,,-, I~ :.;"c-.:>;:':c.,,-,:;~;i;f&);:'~i;!I: (I; ~~-'=:~~t":':-~""f~.,,:;f~~~;;~~~-4!.~ ~ ",-_:';ti!,>" :_~',:::;~< '::~::t:':~~'-~3~'~~4~~;:{i~.)' I ~,': I: :'~::,<":rJ.t,;-~::'"""" - ~~llj , ,-,--,_:":"~':""'_:':':;;~':-;"",~,,_'i"";....; ~( ,e.~~'J',':'~~~-;'::=~~:~~:~fi~~~~i;:i~~i~~~~t[~~]~~~~::I~~~~~~~~~~~c~_:~:_:~~:::,; ."_,' ,,' "L "",,- ".:P' ~_';. ~i-::-':>',"''',~''" ~_':~ """"., .c:; '\ DESCRIPTION OF.COVERAGE",""., "'.,'.!.; SCHEDULED AIR TRAVEl ,'ACCIDE'NT'~.U'~'S~~R,A'NjC{:"'5,i5C6t-~~ Classic Card~embersr are;_provjp:eck'..w.itb';-up. ~to'; J;l 5.0,009 Scheduled A,ir, Travel -AcCident* prot~;;tion:~.Whe'~~.ve~,yol,j:us,e your Discover.' ClassiC Card (the' ~crediLcard.~.). I~ if)~-rge 'your entire Common Carrier Fare Ticket on 'any Comiirerd'al Aircraft operated by a Scheduled Air..; Carrier -'-clrider.~ a::Jice'riseciior the transportation of passengers ~for hire (herein: c:al'led,Si:.heduled Air Carrier), you- automatically receive -this valuable coverage' at no-additIonal cost., :1:' , -, ~,,- , th~: bene~j~.of.:the pbu~y~ pf.~,~.id,i~;g );~~~}9Y'~a~!e:'ar:~ g~~r'~~'d pri~a~i,I~,,~X .~~,e !~~-"~f. ~)~~.t:-:~t~e~ ;t~a)}tfor~,~,~~, ,;~:~:.c;-; ~ _;_, "'Coverage is. underWritten bY. Na!lonal<.Uniol'J - F,ire -:.Insurance Company of Pittsburghr PA:..,(the:'''lnsl:Jrance'''Ccimpan~n,h. with offices in New Yor,k, NY. Certain limitations and,~xclUsions-:apply. PLAN FEATURES Benefit Amount: ,$ 1 50,000 Family Aggregate Principal Sum I ACCIDENTAL DEATH BENEFITS. Insurance coverage will be equal to the benefit amount fo~ 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 01 insurance in force on the Cardmember, his or her spouse and their oependent children,for., any of)e?cci,dent. -Itmof.e..t~an qne Insured Person di_es;as th_ere_sul_t of the),nJl!rieS:re~eive.d'.in.!any one arcident, the Family, A~g'~eg.ate:Pr,iridpar SlJm:,wiJ,r 'o(pro, rated and paid in accordance With' the claim. payment a_~d'.bene' ficiary provisions of the Policy. Once the Family Aggregate Principal Sum is paid for anyone Insured Person in a Family that occurs as the result of anyone 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 t~e Poiicy" if more than one Cardmember suffers a loss from the same accident, ,are li.niited ,to an aggregate" of. ,$20,000:000Jor, all ~a~drrie_mbers cci~bin~q, A,ny reducti?ri M .b:enefits necessary.t~ comply with,~his ',Iif11itatiM': wiH _be: niade ,o,n:a _propor:tio:nate b<!sis to each,',Cardmemb~r,upto thl5 :aggregate,limit:ot liabilitY; Ai used" herein,' Card member 'rfieans:,__cardfT1~mb,er, ~ bis',~6-~ her insured spouse and insured dependent;Hiilc:fre-n:This 'aggtega'te Jimit:does not.replaceor.in any__wayaffect1he Famijy-Aggregate Principal Sum -stated under the P.olicy, - " ' . _'. ~lnjury~ means Ii'od.ily injury: (a).:which"_is;_sustain'ed,~.s,;,a:rik~ct result of an; tJni~:ten'ded, '_lJnantrcipat~d':accidenfthat: is,~e~etnal to: the- body' and that_ oc:cur~ ,wi:liie' tl:1_e'injured pe,rs.on\-coyerage uhder this-PolicY i.s 'in force,: sDcI'(b).'wni_ch directly Ondepe,nde0t of'si1:Kness, disease, ,TJlenHil' 'iryfir~itY,' _b6dj!y Jnfirrri\ty, o('any othercause).c?,LJses..a c?veredl.oss: e. ,_ '-; _,,' ,__0 DtSAPPEARANCE:BENEFITS.We wilJ'presume'yo~suffer_ed'lms of life due to an accident if: you are riding in a Scheduled Air -22- :;F~Rl~?l~~~,;~;r , _:'~'<':;:-:":~::':_:-::'.;.:"'::'~~-c~-;i~~ .;;:::~:_: ',-,' '~;'0:t~~,;;..~.,~~~;;,!..~,;:~;;:;,~:::;,~,~j~" ~arr.le'r~ttfar.1rihQtJ~'ii.e(tm''a''t0v~red- acc1den't 'dnCl:'as a 'restilt~'-of tne: accidentr:rtli~::Schedl:Jled"Air Carrier, i~ ':wreck~d; .~sinks;: or disappea-rs;:and'your body is'not-found within'on~ f1" year of the accjdent;'~; ,~~- ,-~, ::'-~" Th;'~totaf.QfaU'bene'fl~.payabi~ for you, your'spouse and"y'oLir dependen(children'from the same accident will not exceed the 5150,000 Family Aggregate Principal Sum. ELIGIBILITY, This automatic insurance' is provided to eligible holders of the credit card whose names appear on the 'credit card, -"'theii'o spouses - and their unmarried depengent childre,n under age 19 (age 23 if atte-ndiri9 school on a full~t(me"basis and fully dependentorJyoU:.for syppor::t). However.,~he ag~limit does not apply to, a;.c;.t:J.iJ,d',.'l!'ho_is -incapable ol,:.self-sustai'ning employment by reaso'n 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 ar'l 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 \Jasq~as_a survi,yor, the.beneficiary is your estate, You may:change,xt;!,ur -bel)e'fi~iary tlY writing-to the Insurance Company at; Accioe'nt &' Health Division, 500, Wert Madison Street, Suite 2250, Chicago, IL 60661. CLAIM PROCEDURE. 'Claim forms may_be obtained through the Insurance Company, Claims for benefjts 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, and your spouse and children will be covered against injuries that result in an accidental death while as a passenger- in or on, including gening 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 purcha~e 01 a full, tare common carrier ticket and used by a spouse or dependent 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 Carrier, provided the full Common Carrier Fare Ticket is purchased, Dr the travel reservation is made 10r the companion tickets, prior to boarding such Scheduled Air Carrier. Coverage ends when 'you' . alight from the Scheduled Air Carrier, . ": "1' EXCLUSIONS, Benefits are not payable if the loss is caused by or . results from: 1) self-inflicted injury or suicide; 2) sickness, disease, or mental incapacity or bodily infirmity whether directly or -23- VERIFICA nON The undersigned does hereby verify subject to the penalties of 18 P A.C.S. 94904 relating to unsworn falsifications to authorities, that he/she is R()hFlI1-~- ArJki nq (Name) Discover Financial Services Inc., servicing agent of the plaintiff herein, that (Company) Accounts Manager of (Title) 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. :t?~~ (Signature) WWR# oq I 3 ~ t"l/ """"t> ~ ~~ f\. ~ ~ ~~ ~ J ..J w ~ ~ o ... ~ ,..l ~ C) r--~,') C'} "~ , -n . --, -"f" I I " ~ , ,. : t..., " r:- ':,'J - .< SHERIFF'S RETURN - REGULAR CASE NO: 2005-04012 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS MCGHEE DAN E ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCGHEE DAN E the DEFENDANT , at 2027:00 HOURS, on the 24th day of August 2005 at 111 PEACH LANE CARLISLE, PA 17013 by handing to PAMELA MCGEE, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.80 .00 10.00 .00 32.80 ,/?/' // ~l?unC.d<f~ R. Thomas Kline me this ,;}{ day of 08/25/2005 WELTMAN WEINBERG REIS By: ~ .<./ .....- / Depu y Sheriff Sworn and Subscribed to before A.D. , Prot tary ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-04012 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS MCGHEE DAN E ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MCGHEE PAMELA L the DEFENDANT at 2027:00 HOURS, on the 24th day of August , 2005 at 111 PEACH LANE CARLISLE, PA 17013 by handing to PAMELA MCGEE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: .......,,-, .,pi'::-' ,/ /;?' ...-.--. , .-;;- ., p ,-;?' .--" ........!"....Z'..:-..,-;~''",~~~~ /__;;'.~[""11"~ ~ ' I R. Thomas Kline day of 08/25/2005 WELTMAN WEINBERG REIS ~~ / Depu y Sheriff By: Sworn and Subscribed to before me this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 05-4012 CIVIL TERM vs. PRAECIPE FOR DEFAULT JUDGMENT DAN E MCGHEE AND PAMELA L MCGHEE Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO" LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04136811 Judgment Amount $ 3,697.55 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, Civil Action No. 05-4012 CIVIL TERM DAN E MCGHEE AND PAMELA L MCGHEE Defendants 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 (xx) Assumpsit Judgment in the amount of $3,697.55 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 p~h~r ' ~ By' .. PRO O~EP TY) DAN E MCGHEE 111 PEACH LN CARLlSLE,PA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., LPA, 2718 Koppers Building, 436 7'" Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No, 05-4012 CIVIL TERM DAN E MCGHEE AND PAMELA L MCGHEE Defendants 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 (xx) Assumpsit Judgment in the amount of $3,697.55 plus costs, Trespass Judgment in the amount of $ plus costs. () If not satisfied within sixty (60) days, your motor yehicle 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 :'~ PR HOR DUTY) PAMELA L MCGHEE 111 PEACH LN CARLlSLE,PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No, 05-4012 CIVIL TERM vs. PRAECIPE FOR DEFAULT JUDGMENT DAN E MCGHEE AND PAMELA L MCGHEE Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T, Molczan. Esquire PA I.D #47437 WELTMAN, WEINBERG & REIS CO" LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04136811 Judgment Amount $ 3,697.55 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, Ciyil Action No. 05-4012 CIVIL TERM DAN E MCGHEE AND PAMELA L MCGHEE Defendants PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendants, Dan E McGhee and Pamela L McGhee, aboye named, in the default of an Answer, in the amount of $3,697.55 computed as follows: Amount claimed in Complaint $3,197.55 Interest from date of judgment at the legal interest rate of 6% per annum TOTAL $500.00 $3,697.55 Attorney's fees I hereby certify that appropriate Notices of Default, as attached haye been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices, WELTMAN, WEINBERG & REIS CO., L.P.A. By: William olczan, Es Ire PA LD, #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A ven ue Pittsburgh, PA 15219 (412) 434-7955 WWR#04136811 v--- Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendants is: 111 PEACH LN, CARLlSLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff 05-4012 DAN E MCGHEE AND PAMELA L MCGHEE Defendants IMPORT ANT NOTICE TO: DAN E MCGHEE 111 PEACH LN CARLlSLE,PA 17013 b / _ Date of Notice: q 0 05 I . 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO. LPA By: William T. Mo zan, E quire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO" LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR #04136811 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff 05-4012 DAN E MCGHEE AND PAMELA L MCGHEE Defendants IMPORTANT NOTICE TO: PAMELA L MCGHEE 111 PEACH LN CARLlSLE,PA 17013! I Date of Notice q:) () 05 I ' 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 By William T. Molczan, Esqu' PA 1.0. #47437 WELTMAN, WEINBERG & REIS CO., LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #04136811 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Case no: 05-4012 CIVIL TERM Plaintiff NON-MILITARY AFFIDAVIT YS, DAN E MCGHEE AND PAMELA L MCGHEE 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, S 521. Affiant further states that based upon inyestigation it is the affiant's belief that the Defendant, DAN E MCGHEE AND PAMELA L MCGHEE is not in the military seryice. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, DAN E MCGHEE AND PAMELA L MCGHEE is not in the military service. SWOR of (P{lt.f:PV~ AFFIANT I / . . .. BSCRIBED in my presence this l':ay 0\ - Further Affiant sayeth naught. Natalia! Seal ...-..--.-.- . Wendy L. Galillt, NotaJy PUbliC. I CilyOfPll!sbwtgh.~co""1y Myc...... NI.Jft~Julr16.2006 ~~I:""t"""..'~:.;'".',~...,.;",..,'" 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 Page I of I Department of Defense Manpower Data Center .. Military Status Report .., Pursuant to the Service Members' Civil Relief Act SEP-30-2005 10:48:27 < Last Name First/Middle Begin Date I Active Duty Status I Service/Agency MCGHEE 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. f::?W~u-~ 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. !i!i 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: http;lLwww.defenseli!1k.mil/faqLciiLll.(:Q2SLI21UlmJ. Report ID:BDWKSGQIPBE https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/30/2005 Request for Military Status Page I of I Department of Defense Manpower Data Center _ Military Status Report .. Pursuant to the Service Members' Civil Relief Act SEP-30-2005 10:48:27 < Last Name FirstlMiddle Begin Date I Active Duty Status I Service/Agency MCGHEE 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. ~d~~~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, V A 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. SS 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: htmJ/W:WW~J<funselink.mi!!fa-'lLpis/PCD2SLDR.html. Report ID:BDWKSGQIPBE https://www.dmdc.osd.millscralowalscra.prc_Select 9/30/2005 ( (? ...., ~ ..;::--" u , "-':..~) -0 -.f ~. .. (:-./1 y; C) ::j CO i" (- -i &- ~ ~ 11 N ~ ~ ?;'~ ..... <:> r- " ;. ,;\C '" '" .. ......0 '" W ~ _.....; <:, ......;.' .. 0 ~ CC .... <:> ..... "^ , ~ 60-'/ ,.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 05-4012 vs, PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) DAN E, MCGHEE and PAMELA L. MCGHEE Defendants PENNSYL VANIA STATE EMPLOYEES FEDERAL CREDIT UNION, Garnishee, FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: ~ William T. Molczan, Esquire PA!.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, PA 15219 (412) 434-7955 WWR#041368 I 1 - . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 05-4012 DAN E. MCGHEE and PAMELA L MCGHEE Defendants PENNSYLVANIA STATE EMPLOYEES FEDERAL CREDIT UNION, Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... I. directed to the Sheriff of Dauphin County: 2. against Dan E. McGhee and Pamela L McGhee, Defendant 3. against Pennsylvania State Employees Federal Credit Union, Garnishee 4. Judgment Amount $ 3,697.55 Interest $ $ 67.85 Costs 123.02 SUBTOTAL: $ 3,888.42 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS Co., L.PA . '.1/ /1-1 ~ By: _ V- . William T. Molczan. Esqu' e PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, PA 15219 (412) 434-7955 WWR#04136811 ~ ~ p. w ~'O, _. \)" 1A- -- 0 lU --+- p 4>~ \l' --- y:; VJ Vl ~ lrt. t=- - Q C h Irt \) Q C lr1 \) vt ( -', t~- _) b c Q C' \) "'Q \: \) \ \ \ \ 0 -- \ \ ~ /J ~~ ,.' VI 7-0' . ~ --0 W - - ~ - '" ::. "- - . ~ ~ . ,. fI\ - - ::, ~ tz) p t - - - - 'r(+- ,---, ;-"." . 11:"' 0' u Bf l \ WRIT OF EXECUTION andlor ATTACHMENT . . COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-4012 Civil CIVIL ACTION - LAW TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From DAN E. MCGHEE AND PAMELA L. MCGHEE, 111 PEACH LANE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of PENNSYLVANIA STATE EMPLOYEES FEDERAL CREDIT UNION, 1 CREDIT UNION PLACE, HARRISBURG, PA 17106 - GARNISHEE GARN1SHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,697.55 Interest $67.85 LL $.50 Atty's Comm % Due Prothy $1.00 Other Costs $123.02 Atty Paid $131.30 Plaintiff Paid Date: MARCH 1,2006 By: (Seal) Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court lD No, 47437 fnldee (08/07) 06 . q D 1 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years.. including married, maiden, and trade): Dan E. McGhee 111 Peach Lane Carlisle, PA 17013 Pamela L. McGhee 111 Peach Lane Carlisle, PA 17013 Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-Identification No(s)(if any): xxx-xx-8573 xxx-xx-0996 Chapter 13 Case No. 1:06-bk-00962-MDF t..i G FINAL DECREE The estate of the above named debtor(s) has been fully administered and the deposit required by the plan has been distributed. IT IS ORDERED THAT: Charles J. DeHart, III (Trustee) Mary D. France United States Bankruptcy Judge This document is electronically signed and filed on the same date. is discharged as trustee of the estate of the above-named debtor(s); and the chapter 13 case of the above named debtor(s) is closed. BY THE COURT Dated: Sotember 22.2009 037238 36609037275011 05 - qo j a 10/16/2008 CASE REPORT PAGE 1 4:30 PM CASE # 10600962 DAN E & PAMELA L MCGHEE PET FILED 05/180006 JUDGE MDF PLAN FILED 06/29/2006 STATUS 1 111 PEACH LANE DATE 1ST MEETING 08/10/2006 TRUSTEE EXP % 2.5 5 CARLISLE PA 17013 DATE CONFIRMED 09/22/20 06 TRUSTEE COMP % 2.5 5 DATE CLOSED PLN MNTH 2 7 ATTORNEY: JAMES K. JONES, ESQUIRE COMMENTS: Pacer PAYMENT 694. 77 PAYME NTS/MO 1 PERCENT PLAN 100.00 MIN BAL 0.00 UNDIST FORWARD 742.56 DATE AMOUNT DATE AMOUNT DATE AMOUNT DATE AMOU ---- ---- NT DATE -- ---- AMOUNT ------ DATE ---- AMOUNT ------ ---- ------ 07/18/06 694.77 08/29/06 ------ ---- 694.77 09/26/06 ------ 694.77 10/ 24/06 694. 77 11/21/06 694.77 OL/03/07 694.77 02/02/07 694.77 03/01/07 694.77 04/02/07 694.77 05/ 01/07 694. 77 06/01/07 694.77 07/03/07 694.77 08/01/07 694.77 08/14/07 694.77 09/26/07 694.77 10/ 22/07 694. 77 11/27/07 694.77 12/27/07 694.77 01/22/08 694.77 02/22/08 694.77 03/24/08 694.77 04/ 18/08 694. 77 05/27/08 694.77 05/20/08 694.77 07/18/08 694.77 08/22/08 694.77 09/19/08 694.77 Clm Cred Name Cl Pr Mt. Per Me Asserted Appr Debt Amt Due Ent Ernd Am - t Paid Balance Assigned St - - 000 JAMES K. JON 09 --- -- -- 12 ---- ----------- -- 0.00 1,274.00 ---------- 1,274.00 ------ 1,274.00 0.00 1, 274.00 0.00 0.00 2 COMMENT -----> Pace r Data 001 STATEWIDE TA 02 13 0.00 508.00 508.00 508.00 0.00 508.00 0.00 0.00 2 101 CUMBERLAND C 01 24 0.00 152.70 152.70 152.70 0.00 152.70 0.00 0.00 2 201 PSECU 03 33 0.00 2,844.46 2,844.46 2,844.46 0.00 1, 815.22 1,029.24 0.00 1 202 PSECU 03 33 0.00 4,314.40 4,314.40 4,314.40 0.00 2, 753.28 1,561.12 0.00 1 203 CAPITAL ONE 03 33 0.00 1,575.03 1,575.03 1,575.03 0.00 1, 005.13 569.90 0.00 1 204 CAPITAL ONE 03 33 0.00 1,125.72 1,125.72 1,125.72 0.00 718.38 407.34 0.00 1 205 DISCOVER 03 33 0.00 3,197.55 3,197.55 3,197.55 0.00 2, 040.55 1,157.00 0.00 1 206 NATIONAL CAP 03 33 0.00 124.74 124.74 124.74 0.00 69.18 55.56 10.88 1 207 ROUNDUP FUND 03 33 0.00 4,760.15 4,760."-5 4,760.15 0.00 3, 037.72 1,722.43 0.00 1 208 B-LINE 03 33 0.06 5,393.83 5,393.83 5,393.83 0.00 3, 442.11 1,951.72 0.00 1 209 * WEINSTEIN 03 33 0.00 306.49 306.49 306.49 0.00 178.65 127.84 17.78 1 210 * WEINSTEIN 03 33 0.00 329.95 329.95 329.95 0.00 192.32 137.63 19.13 1 999 **DAN E & PA 08 50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2 TOTAL:S: ------------ - 25,907.02 ---------- 25,907.02 25,907.02 0.00 17, 187.24 8,719.78 47.79 TOTAL NET RECEIPTS - 18,758.79 SPECIAL RECEIPTS - 0.00 TOTAL PAID TRUSTEE COMP - 414.51 ARREARAGES - 694.77 TOTAL PAID TRUSTEE EXP - 414.48 BASE PLAN - 41,686.20 TOTAL PAID CREDITOR S - 17,187.24 UNDISTRIBUTED FORWARD - 742.56 PLAN BALANCE - 22,927.41 % TO UNSECURED - 100.00 TIER DATA 05/18/2006 1 0.00 06/29/2006 1 694.-7 DAN E & PAMELA L MCGHEE 111 PEACH LANE CARLISLE PA 17013 TED STATES BANKRUPTCY COURT M11)1)1 ]: 1ISTRJC'T O! - 'I I N'NI YlA A_ t A In re: Debttm(s) (name(s) used b) the debtor(s) in the t i x c to s. inelud nc ncuri ?d urai,k'n. and W:0 0i Dan E. McGhee 1 I I Peach Lane Carlisle, PA 17013 Pamela L. McGhee 1 I 1 Peach Lane Carlisle, PA 17013 Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-ldcntilicalion No(s)(if any): xxx-xx-8573 xxx-xx-0996 DISCHARGE OF DEBTOR(S) AFTER COMPLETION OF CHAPTER 13 PLAN It appearing that the debt(r(s) is entitled to a discharge, IT IS ORDERED: 05-yoga { ? ,jz;. C} jrn Y ? N -t cr? The debtor(s) is granted a discharge under section 1329(a) of till+?, 11, Unitcd',tates Cade, (the Bankruptcy Code). Dated: Scoember 18.2009 BY COU10' C17ap(el' 13 Case No. I:Ufi- hk00962-MD17 Mary 1). France United Staics Laid.iiapte:v .;udec SEE THE BACK OF THIS ORDER FOR IMPORTAN T INFORMATION. This document is e•lectronirerllY sigtie d and_Jile-d on the cnmr dale. 058743 36209058801017 B 18W WORM BI 8W) (02/09) continued EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 13 CASE This court order grants a discharge to the person named as the debtor after the debtor has completed all payments under the chapter 13 plan. It is not a dismissal of the case. Collection of Discharaed is Prolibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property: [ [There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not rile a bankruptcy case. J A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 13 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt is provided for by the chapter 13 plan or is disallowed by the court pursuant to section 502 of the Bankruptcy Code. Debts that are Not Discharged. Some of the common types of debts which are LL(A discharged in a chapter 13 bankruptcy case are: a. Domestic support obligations; b. Debts for most student loans; c. Debts for most tines, penalties, forfeitures, or criminal restitution obligations; d. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; e. Debts for restitution, or damages, awarded in a civil action against the debtor as a result of malicious or willful injury by the debtor that caused personal injury to an individual or the death of an individual (in a case filed on or after October 17, 2005); t'. Debts provided for under section 1322(b)(5) of the Bankruptcy Code and on which the last payment is due after the date on which the final payment under the plan was due; g. Debts for certain consumer purchases made after the bankruptcy case was tiled if prior approval by the trustee of the debtor's incurring the debt was practicable but was not obtained; and It. Debts for most taxes to the extend not paid in full under the plan (in a case tiled on or after October 17, 2(X)5); and i. Some debts which were not properly listed by the debtor (in a case Iled on or after October 17, 2(X)5). This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. 058743 36209058801017