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HomeMy WebLinkAbout05-5174COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, BY ITS AGENT, DISCOVER FINANCIAL SERVICES, INC., : Plaintiff CIVIL ACTION VS. Case No. 0 S -- .SI'7? C', c? L ?r2?'?' MICHELLE R. POWELL, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT IS SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 DOUGLAS M. MARIN ASSOCIATES, P.C. kmey eira, Esquire 5242 Plaint iff 101 N. Cedar Crest Boulevard Allentown, PA 18104 (610) 434-2814 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DISCOVER BANK, BY ITS AGENT, DISCOVER FINANCIAL SERVICES, INC., Plaintiff VS. MICHELLE R. POWELL, Defendant CIVIL ACTION Case No. D 5- -5'11y eCOMPLAINT 1. Plaintiff, Discover Bank, By Its Agent, Discover Financial Services, Inc., ("Discover") is a banking institution with an address of 3311 Mill Meadow Road, Hilliard, OH 43026. 2. Defendant, Michelle R. Powell, is an adult individual with an address of 8148 Fort McCord Road, Chambersburg, Cumberland County, Pennsylvania 17201-8074. 3. Discover issued the Defendant a credit card subject to the terms of the Cardmember Agreement ("Cardmember Agreement"). A true and correct copy of the Cardmember Agreement is attached hereto, made a part hereof and marked as Exhibit "A". 4. Defendant has incurred charges for purchases, cash advances and/or finance charges in the amount of NINE THOUSAND TWO HUNDRED THIRTY-FOUR AND 43/100 DOLLARS ($9,234.43) as of June 28, 2005. 5. Defendant's obligations are based on a subsisting debt, was in writing and arises from a preexisting account. 6. Defendant is liable to Discover on this debt as an account stated. 7. Defendant has defaulted on her obligation to make payments to Discover by failing to make any payments from and after March 25, 2005. 8. Pursuant to the Cardmember Agreement, Discover may declare all amounts due under the Cardmember Agreement immediately due and payable without notice or demand. 10. Under the Cardmember Agreement, Defendant is required to pay all the attorney's fees Discover incurred in exercising its right to collect, which Discover anticipates to be in the amount of FIVE HUNDRED and 00/100 DOLLARS ($500.00). 11. As of June 28, 2005, Defendant is indebted to Discover under the Cardmember Agreement in the amount ofNINE THOUSAND SEVEN HUNDRED THIRTY-FOUR AND 43/100 DOLLARS ($9,734.43), plus interest accruing from and after June 28, 2005 at the per annum rate of 6%. WHEREFORE, Discover demands judgment against the Defendant in the amount of NINE THOUSAND SEVEN HUNDRED THIRTY-FOUR AND 43/100 ($9,734.43) (comprised of real debt in the amount of NINE THOUSAND TWO HUNDRED THIRTY-FOUR AND 43/100 DOLLARS ($9,734.43) and anticipated attorney's fees in the amount of FIVE HUNDRED AND 00/100 DOLLARS ($500.00)) plus interest from and after June 28, 2005, at the per annum rate of 6% and costs of suit. DOUGLAS M. MARINOS & ASSOCIATES, P.C. By: D.475242 tt ey for Plaintiff 1 1 N. Cedar Crest Boulevard Allentown, PA 18104 (610) 434-2814 VERIFICATION I, Tracey Eccles, agent of Discover Bank, By Its Agent, Discover Financi Services,im. verify that I am authorized to make this Verification on behalf of the Plaintiff and I verify that th, facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. TRACEY ECCLES GARDMEMBER AGREEMENT Please read this Agreement carefully before using your Discovery Card Account. It contains tf terms and conditions of your Account, some of which may have changed from earlier materia provided to you. In the event of any differences, this Agreement shall control. AGREEMENT TERMS. The lord "Account" -means your Discover Card Account. The word "Card" means any one or more Dis- cover Cards issued to you or someone else with your authorization. The words "you", "your', or "yours' referto, in addition to you. the Cardmember, any other person or per- sons who are also contractually liable under this Agreement. The words "'.ve", "us:' and "our:' refer to Greenwood Trust Company, the issuer of your Discover Card. • Balance Transfers - to transfer balancE ,from other credit card accounts by mear of balance transfer coupons or checks, accordance /ith such additional terms ar conditions of offers that are made froi time to time. In addition, your Account may be used guarantee hotel reservations at participa ing establishments. You will be liable fi guaranteed reservations that are not cai celed prior to the time specified by tl- establishment. ACCEPTANCE OF AGREEMENT. The use of your Account or a Card, by you or anyone whom you authorize or permit to use your Account or a Card, means you accept this Agreement. USE OF YOUR ACCOUNT. Your Account maybe used for: • Purchases - to purchase or lease goods or services from NOVUSO Network mer- chants by presenting your Card or account number. • Cash Advances - to obtain cash advances at NOVUS Cash Networks automated teller machines, from .participating financial in- stitutions or other locations, or by means of checks which we may furnish to you, all in accordance with such additional terms and conditions as may be imposed from time to time. You agree that you will only use your A, count for personal, family, household ar charitable purposes. Your Account may n be used for business or commercial pu poses or to obtain loans to purchase, can or trade in securities. In addition, your A count may not be used to pay any amou you owe under this Agreement. Prior to i use, each Card must be signed by the pe son to whom it is issued. We are ni responsible for the refusal of anyone to a cept or honor a Card or to accept checl that we have provided you. You must n turn any Card or unused checks to us upc request. AUTHORIZED CARD USERS. ILy.ou want cancel the authorized or permitted use + your-Account by another person, you mu notify us in writing or by telephone and di stroy any Card in that person's possession None of your rights under thfs Agreemei bother than to pay amounts ovied) may be exercised by any person not a party to this Agreement acting pursuant to a power of attorney, vilthout our separate written agree- ment (which we are not obligated to give). LIABILITY FOR UNAUTHORIZED USE. If a Card is lost or stolen, or if you think that someone is using your Account or a Card without your permission, notify us immedi- ately. You can notify us by telephoning 1-800-DISCOVER (1-800-347-2683), or by writing DISCOVER CARD, FO Box 15156, Wilmington. DE 19886-1002. You may be liable for the unauthorized use of a Card or your Account. You will not be liable for un- authorized use that occurs after you notify us, by phone or in writing, of the-loss, theft, or possible unauthorized use. In any case, your liability will not exceed 550.00. CREDIT LIMIT. We :rill advise you of your credit limit. We may increase or decrease your credit limit from time to time. You agree not to exceed or attempt to exceed your credit limit. You will exceed your credit limit if you allow your unpaid balance, including Finance Charges and fees, to exceed your credit limit. Your credit limit will not include the amount of any credit balance in your Account. 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 rr refuse to accept the payment or charge yc Account our cost to convert your paym( to U.S. Dollars. All checks must be dra, on funds on deposit in the U.S. If your Account is a joint Account, each you agrees to be liable individually a jointly for the entire amount owed on y( Account. We can accept late payments partial payments or checks and money ord marked "payment in full" or with any otl restrictive endorsement without losing of our rights under this Agreement. MONTHLY BILLING STATEMENT. We , send you a billing statement after e2 monthly billing period in which you hav debit or credit balance of $1.00 or more. 1 billing statement will show all purchas cash advances, balance transfers, Fnai Charges and other charges or fees and payments or other credits posted to y( Account during the billing period. It ) show your New Balance, Minimum Paym Due and Payment Due Date. MONTHLY PAYMENT OPTIONS. You n at any time pay the entire New Balai shown on your billing statement, but e? month you must pay at least the Minim Payment Due. All payments must be mai or delivered to us in Delaware at PO E 6011, Dover, DE 19903-6011 or by us the envelope enclosed with such statemE All payments and other credits will be appi as determined in our discretion. We rese the right to apply payments and other cre( to balances subject to lower Annual Percc age Rates, such as special rate balai transfers, poor to balances subject to hig Annual Percentage Rates. MINIMUM MONTHLY PAYMENT. The Mini- mum Payment Due each month wiil be the sum of any amount past due and the mini- mum monthly payment. The minimum monthly payment each month vAll be the greater of 510.00 or an amount equal to 1/ 48th of the Ne:w Balance, rounded to the next higher whole dollar amount. However, if the Nevi Balance is less than 510. the minimum monthly payment will be the amount of the Ne,.^./ Balance. You can pay ahead. The Mini- mum Payment Due for each monthly billing period will be reduced by the amount you have paid in excess of the iiAinimum Payment Due in any of the three previous monthly bill- ing periods, less any portion of the excess already used to reduce payments. However, there will be no reduction if you have ex- ceeded your credit limit; or you have paid the entire New Balance shown on your billing statement. There will also be no reduction if your Account is not current, has not gener- ally been paid in an acceptable manner or is otheRuise not in good standing. CREDIT BALANCES. We villl refund any credit balance :within seven business days from receipt of your written request. If you do not request a refund, we l;vill automati- cally refund credit balances greater than $1.00 which remain in your Account after two billing periods. BALANCE TRANSFERS. We may periodi- cally offer you the opportunity to transfer balances from other credit card accounts to your Account. Each offer will e-ontain an initial special rate, which will be the Annual Percentage Rate thatwill apply to transferred balances for the time period specified in the offer. After the expiration of this time pe- riod, the Annual Percentage Rate that applies for purchases will apply to transferred bal- ances. Balance transfers subject to the initia special rate are referred to as special ratE balance transfers; balance transfers forwhict the initial special rate has expired are referre( to as purchase rate balance transfers. Each offer will contain an expiration date. I you attempt to transfer balances by mean: of a check after the expiration date, we wil treat the transaction as a cash advance. We will not make balance transfers attempted b, means of a coupon after the expiration date PERIODIC FINANCE CHARGES. Except a: explained below, Periodic Finance Charge: are imposed on purchases, cash advance: and balance transfers from the date th transaction occurs to the date of repayment If the transaction is posted to your Accoun after the close of the billing period in whici it occurs, we will treat the transaction a having occurred on the first day of the bill ing period in which it is posted to you Account. We will assess Periodic Financ Charges as follows: (1) Current Billing Period Periodic Finance Charges are impose for the current billing period on pui chases, cash advances and balanc transfers unless you paid, by the Pay ment Due Date, the New Balance show on your previous billing statement. W compute Periodic Finance Charges eac day by multiplying your daily balance of purchases, cash advances and ba ance transfers by the applicable Dail Periodic Rates. Only special rate ba ance transfers are included in the Bail balance of balance transfers; purchas rate balance transfers are included in th daily balance of purchases. At the end of the billing period, vie add uo the results of these daily calculations to determine your Periodic Finance Charges for the billing period. For purchases, the daily balance is cal- culated on each day by first adding the folio,,,ving to the previous day's daily balance: purchases made that day, fees charged that day (with the exception of Transaction Fee Finance Charges) and Periodic Finance Charges charged on the previous day's daily balance: and by then subtracting any credits and payments that are applied against the balance of purchases and purchase rate balance transfers on that day. On the first day of the billing period we also add to the balance those balance transfers that become purchase rate balance transfers on that day. For cash advances, the daily balance is calculated on each day by first adding the following to the previous day's daily balance: cash advances made that day, Transaction Fee Finance Charges for cash advances made that day, and Peri- odic Finance Charges charged on the previous day's daily balance; and by then subtracting any credits and payments that are applied against the balance of cash advances on that day. For balance transfers, the daily balance is calculated on each day by first adding the following to the previous day's daily bal- ance: balance transfers made that day and Periodic Finance Charges charged on the previous day's daily balance; and by then subtracting any credits and payments that are applied against the balance of balance transfers on that day. On the first day o the current billing period we also subtrac from the balance those balance transfer! that become purchase rate balance trans fers on that day. (2) Previous Billing Period Periodic Finance Charges are impose( for the previous billing period 0,1 pre vious billing period purchases, casl advances and balance transfers unless Periodic Finance Charges were alread, imposed for that billing period, or yo( paid the New Balance shown on you previous billing statement by the Paymen Due Date. To compute these charges, w( use the same method of calculatio( that we use in calculating the Periodic Finance Charges for the current billin( period, as described above, except tha the applicable Daily Periodic Rates an applied to daily balances of purchases cash advances and balance transfers fo each day of the previous billing period These daily balances are also compute( as described above, Nith the "previou; day's daily balance" considered to have been zero on the first day of the billin( period. (3) Daily Periodic Rates and Annual Percent age Rates The Daily Periodic Rates applicable t( purchases and cash advances for th+ current billing period and the previou: b4lifng period are based on the Annua Percentage Rate in effect for each billin( period as determined below. The Dail! Periodic Rates for each billing period ar( 11365th of the Annual Percentage Rate: in effect for the billing period. The Annua Percentage Rate for purchases may be changed based on chances in the rate level for tvhich you qualify as ex- plained below. The Annual Percentage Rates are deter- mined in part by the Prime Rate. For purposes of this Agreement, the Prime Rate is the highest rate of interest listed as the "prime rate" in the money rates section of The Wall Street Journal on the last business day of the month. When the Prime Rate changes, the Annual Percentage Rates trill change beginning on the first day of the first billing period which begins in the cal- endar month following the change in the Prime Rate. Increases in the Prime Rate may cause the Daily Periodic Rates, Periodic Finance Charges and Minimum Payment Due each month to increase. The Prime Rate is merely a pricing index and does not represent the lowest or best interest rate available to a borrower at any particular bank at any given.time. (4) Annual Percentage Rate for Purchases We may have offered you an introduc- tory rate on, purchases. The introductory rate is the fixed Annual Percentage Rate that will apply to purchases for the time period specified in the offer. After expi- ration of this time period, the Annual Percentage Rate for purchases will be as described below. The two Annual Percentage Rates that generally apply to purchases are the Best Rate and the Standard Rate. The rate level for which you qualify is based on the total amount of purchases that you make during an annual period, as ex- plained below. Purchases which con pose this annual total are sometimE referred to as qualified purchases. V, make certain appropriate adjustments qualified purchases in respect of A count activity (e.g., a credit issued for returned purchase). You will qualif?v for and receive the Be Rate until your first Anniversary Dat subject to Subsection (6) below. lit refer to the date that is the last day the twelfth billing period after your A count was opened, and each annu anniversary of that date, as your Anr versary Date. On each Anniversary Dat subject to Subsection (6) below, we vi determine your rate level based on tot qualified purchases forthe preceding 1 billing periods. You will qualify for ti Standard Rate if total qualified pu chases are less than $1000.00, and tf Best Rate if total qualified purchases a $1000.00 or more. The new rate lev will apply to purchases (including tf outstanding purchase balance) beg[, ning on the next day and through yo- next Anniversary Date, subject Subsection (6) below. The Best Rate is an ANNUAL PERCEN AGE RATE of Prime Rate plus 8 percentage points, with a minimum 12.9%. The Standard Rate is an ANNUi PERCENTAGE RATE of the Prime Rate ply 8.9 percentage points, with a minimum 19.8%. The Daily Periodic Rates and cc responding Annual Percentage Rates effect on the date this Agreement is fL nished to you are set forth in the enclose "Additional Disclosure" or card carrier. (5) Annual Percentage Rate for Cash Advances The ANNUAL PERCENTAGE RATE for cash advances, subject to Subsection (6) below, is the Prime Rate plus 8.9 per- centage points, with 'a minimum of 19.8 The Daily Periodic Rate and cor- responding Annual Percentage Rate in effect on the date this Agreement is fur- nished to you are set forth in the enclosed "Additional Disclosure" or card carrier. (6) Rate Disqualification if as of the end of any billing period, in- cluding a billing period ending on an Anniversary Date, you have failed to make the Minimum Payment Due by the Payment Due Date in that billing period, and you failed to make the Minimum Payment Due by the Payment Due Date in the preceding billing period, you will be disqualified for the rates described in Subsections (4) and (5) above. If this occurs, your ANNUAL PERCENTAGE RATE for purchases and cash advances will change to the Prime Rate plus 13.9 percentage points, with a minimum of 15.8%. This rate level will apply to your Account (including outstanding bal- ances) beginning on the next day and through your next Anniversary Date. However, if at the time you are subject to an introductory rate or a special rate balance transfer rate, the rate on the bal- ances subject to the introductory rate _ or the special rate balance transfer rate will not change until the expiration of the introductory or special rate balance transfer rate period. The Daily Periodic Rate and correspond- ing Annual Percentage Rate in effect on the date this Agreement is furnished t you are set forth in the enclosed "Add tional Disclosure' or card carrier. (7) Annual Percentage Rate for Salanc Transfers The Daily Periodic Rate and corresponc ing Annual Percentage Rate in effect fc special rate balance transfers will be sE forth in the offer from us under whic you make the balance transfer. As in6 Gated in the Balance Transfers Sectio above, purchase rate balance transfer will be subject to the Daily Periodic Rat and corresponding Annual Percentag Rate that apply to purchases. If you re ceived an offer prior to your receipt c this Agreement, the Daily Periodic Rate and Annual Percentage Rates in effec on the date this Agreement is furnishes to you are set forth in the enclosed "Ad ditional Disclosure" or card carrier. TRANSACTION FEE FINANCE CHARGE We will charge you a Transaction Fee Financ Charge of 2.5% of the amount of each nee cash advance. There is a minimum Trans action Fee FINANCE CHARGE of $2.00 an no maximum Transaction Fee FiNANC CHARGE. The imposition of Transaction Fe Finance Charges may result in an Annu, Percentage Rate for cash advances that i higher than the nominal Annual Percentag Rate. All forms of cash advances, incluc ing the use of Discover Card checks regardless of the purpose for which use( are subject to Transaction Fee Financ Charges. To obtain the total Finance Charg on cash advances for each billing perio( we add any Transaction Fee Finance Charge for the billing period charged under this sec tion to any Periodic Finance Charge - -Calculated under the Periodic Finance Charges section above. MINIMUM PERIODIC FINANCE CHARGE. We 1'vdl charge you a minimum Periodic FI- NANCE CHARGE of 5.50 for any billing period in which some Periodic FINANCE CHARGE of less than S.50 ,?rould othervAse be imposed. RETURNED CHECK FEE. We Ail charge you a Returned Check Fee of 515.00 each time ;you pay us with a check that is returned un- paid. This fee ,rill also aopiy if a debit transaction to a deposit account from vihich you have authorized us in viriting to peri- odically deduct all or a par of an amount you owe us under this Agreement is returned unpaid. LATE FEE. We will charge you a Late Fee of $20.00 each time that, as of the 10th day following a Payment Due Date, you have failed to make a required payment. RESEARCH FEE. We may charge you a Re- search Fee of 55.00 for each copy of a billing statement or safes slip that you request. However, we will not charge a fee if you re- quest copies in connection with a billing error. OVERLIMIT FEE. We will charge you an Overlimit Fee of $20.00 each time that, as of the close of a billing period, you have exceeded your credit limit. This fee maybe charged even if the transaction which causes you to exceed your credit limit-is authorized by us or if you exceed you-F credit limit due to the posting of finance charges or fees to your Account. DEFAULT-ACCELERATION-COLLECTION COSTS. You are in default if you become - insolvent, if you file a bankruptcy petiti or have one filed against you, if we havc reasonable belief that you are unable or L grilling to repay your obligations to us, if y are declared incompetent by a court or i court appoints a guardian for you or a cc servator for your assets, if you die or if y fail to comply with the terms of this Agrf ment, including failing to make a reauir payment when due or exceeding your cre limit. If you are in default we may also c clare the entire balance of your AccOL immediately due and payable without r tice. If we refer the collection of yc Account to an attorney, Yve may charge y reasonable attorneys' fees and court orott collection costs as permitted by law and actually incurred by us. CANCELLATION. You may cancel your count by notifying us in writing or telephone and returning or destroying f ery Card and unused check that we h? provided you. Of course, you will still responsible to pay any amount you owe according to the terms of this Agreeme If your Account is a joint Account, each you may cancel your Account. We may c, cel or suspend your Account at any ti without notice. We may choose not to new your Account (beyond the expirat date shown on the face of a Card) with notice. PRIVACY. We may investigate your cre employment and income records and ve your credit references. We also may red to credit reporting agencies and othercr( tors the status and payment history of y Account including negative credit inforr Lion. We normally report to such crf reporting agencies each month. We will release.this information aboutyour Account to any other parrs Yvithout your prior virit- ten permission or legal process. Ho%vever. if you are in default, you violate the terms OT this Agreement or you file a bankruptcy pe- tition or have one filed against you. lve may release information about your Account to third parties who may assist us in enforcing our rights under-this Agreement We may also include your name and address and other identifying information on lists of Cardmembers furnished to companies sell- ing products or services that may be of interest to you. Our supervisory personnel may listen to or record telephone calls be- tween you and our representatives in order to evaluate the quality of our service to our Cardmembers without notice to you. We may use automated telephone equipment or prerecorded telephone calls to contact you about your Account. CREDIT AUTHORIZATIONS. Certain pur- chases and cash advances will require our authorization prior to completion of the transaction. In some cases, you may be asked to provide identification. if our au- thorization system is not working,-we may not be able to authorize a transaction. We will not be liable to you if any of these events happen. CHANGE OF TERMS. We may change any term or part of this Agreement, including any finance charge rate, fee or method of computing any balance upon which the fi- nance charge rate is assessed, by sending you a written notice at least 30 days be- fore the change is to become effective. We may apply any such change to the out- standing balance of your Account on the effective date of the change and to new - charges made after that date. if you de not agree to the change, you must notif) us in writing within 30 days after the mail. ing of the notice of change at the address provided in the notice of change, in whicf case your Account will be closed and you must pay us the balance that you owe us under the existing terms of the unchanged Agreement. Otherwise, you will havE agreed to the changes in the notice. USE of your Account after the effective date o1 the change will be deemed acceptance of the new terms-as of such effective date even if you previously notified us that you did not agree to the change. CHANGE OF ADDRESS. If you change your address you must notify us of your nev, address within 15 days. ASSIGNMENT OF ACCOUNT. We may sell assign or transferyour Account or any por. tion thereof without notice to you. You ma} not sell, assign or transfer your Accoun without first obtaining our priorwritten con sent. GOVERNING LAW. This Agreement will bE governed by the lays of the State of Dela ware and applicable federal laws. If am part of this Agreement becomes unenforce able, it will not make any other par unenforceable. Greenwood Trust Company DISCOVER CARD 6 Au?c - - Vice President TERMS AND CONDITIONS The Cashback Bonus Terms and Conditions are not a part of the Cardmember Agreement. 1. Cashback Bonus" ;s an amount denominated in IV ill have the opporunit,/ to receive the Gashbaci dollars and cents nich may ce earned by Dis- Bonus in a cash equivalent (i.e., check or credit t( cover Card Cardmembers by using their Discover the Cardmember's Discover Card Account). Card for purchases. Cashback Bonus is not earned part of the award method, the Cardmember ma, for cash advances or balance transfers. Cashback have the ooportunity to make an election or t+ Bonus is subiect to these terms and conditions ,exercise a choice as to the manner in which th and is subject to change v/ithout notice. Cashback Bonus is awarded or the award re Cashback Bonus is subject to disqualification deemed. The failure to make such election o Prior to being awarded in the circumstances de- choice on a timely basis may result in the exer scribed belo,v. else of default options or in the disqualificatio 2. Cashback Bonus is caiculated used on an an- of the Cashback Bonus award. It is th Cardmembers responsibility to notify DiscPre nual period corresponding to the Caro memoers Card in the eventa Cashback Bonus award is nc anniversary year. The first anniversary year be- gins on the date the Card is issued and ends on received for any reason. the last day of the t,veifih monthly billing period Cardmembers have no right to accrued bu which foilows. Each successive anniversary year unawarded Cashback Bonus amounts; if an Ac is the approximate one-year period comprised of count is closed for any reason prior to th the next twelve monthly billing periods. anniversary date, any accrued Cashback Bonu 3. ne amount of Cashback Bonus is calculated by will be forfeited. multiplying each purchase by: 5. Presently, Cashback Bonus is awarded by mean • 25°10 (.0025), if the purchase is part of the first 51,000 of (i) a credit to Account, if the amount is les 00 and (ii) a check mailed to th than X2 in purchases during the a,hniversapi year. . Cardmember (by ether first class or third cnas • .50% (.00501, ii the purchase is part of the second mail), if the amount is 52.00 or greater. 51,000 in purchases during the anniversary year. Cashback Bonus is awarded to Cardmembers i 6 • .75°,0 (.0075),. if the purchase is part of the third . good of the r the time ing stan 51,000 is purchases during the anniversary year, at the time e delinquent a d Cardme • 1.0% (.01if the purchase is part of the purchases the award may, at the option of Discover Car( in excess of $3,000 during the anniversary year. have their Cashback Bonus applied automaticai The total of such calculations for each anniversary as a credit to their Account. year is the amount of Cashback Bonus which will be 7. In the event a Card is lost or stolen, the amount awarded as described below. T'ne calculation begins Cashback Bonus, the amount of qualifying pu again vilth the beginning of each anniversary year. chases and the anniversary date from the of The Cardmember's monthly billing statement will Account are transferred to the new Account. show the amount of Cashback-Bonus and total pur- g Discover Card reserves the right to make apprc chases through the date of the statement for each , prate adjustments to Cashback Bonus amouni anniversary year. in'respect of Account activity (e.g., a credit to 2 4. Cashback Bonus is awarded shortly after each Account in respect of a prior purchase will resa anniversary year. The exact method of award may in a reduction of Cashback Bonus). change from year to year, but the Cardmember csWEV 9/ CAS H BAC K B O N U S`? CERTIFICATE OF INSURANCE Allstate Life insurance Company (herein called "Allstate') has issued Master Policy No. 64401363 to Greenwood Trust Company (herein called "Policyholder") vihich provides Travel Accidental Death insurance for Cardmembers of the Policyholder and their eligible family members. Mote 1 tiorida residents: The benefits of the caller providing your coverage are governed primarily by the lava of a State other than Florida. DEFINITIONS "Insured Person" means a Discover Cardmember in good standing; and the follow- ing dependents of the cardmember. the spouse of the cardmember if a resident of the same household; and each unmarried child, includ- ing stepchildren and adopted children, not more than 19 years of age (23 if a full-time student), v?ho is dependent upon the cardmember for support and maintenance. In no event vriil the same person qualify as an Insured Person under more than one Discover Card. Coverage for any handicapped child will not terminate solely by reaching the limiting age. Coverage will continue if the child is and continues to be both (1) incapable of self-sustaining employ- ment because of mental retardation or physical handicap and (2) chiefly dependent upon the cardmember for support and maintenance. "Injury or Injured" means bodily injury caused by an accident occurring while the insurance is in force for the Insured Person and which injury results, within 365 days of the accident, directly and independently of all other causes, in death. FLIGHT ACCIDENTAL DEATH INSURANCE Allstate wiil pay the applicable Accidental Deatl benefit amounts for injury sustained by ai Insured Person while occupying an aircraft as farepaying passenger when fare is charged ii advance, and not as a pilot or crew member The aircraft must be provided and operated b, a duly licensed common carrier for regula passenger service. BENEFIT AMOUNT Accidental Death Benefit when Insured Person' full air fare is charged in advance to the Dis cover Card Account: 5500,000. EXCLUSIONS Accidental Death Benefits are not payable fc deaths caused by: 1. suicide while sane or insane; or 2. declared or undeclared war or any a? thereof. TERMINATION OF COVERAGE The insurance on each insured Person w automatically terminate at 12:01 a.m. on tf date that they no longer fulfill the requiremen- of an insured Person as defined, or upon term nation of the Master Policy. Termination shz be without prejudice to any claim originatir prior to the effective date of termination. GENERAL PROVISIONS BENEFICIARY: Unless otherwise specified t the Cardmember, any sum due under the polic for loss of life of an Insured Person will be pai ALLSTATE LIFE INSURANCE COMPANY ,Occupying" means riding in or upon or enter. Home Office - Northbrook, Illinois ing into or alighting from. 1. to the Cardmember, if living, otherwise; 2. to the spouse of the Cardmember, if living, otherwise: 3. equally to the then living Ia,vful children of the Cardmember including stepchildren and adopted children, if any, otherwise: 4. equally to the Cardmember's parents or parent then living, otherwise; 5. to the estate of the Cardmember. CHANGE OF BENEFiCIARY: The Cardmember may change the beneficiary at any time by ,vriting to Allstate. Once the change is recorded by Allstate it viii take effect as of the day the request ,vas signed, subject to any claim payment made before such recording. The consent of the beneficiary is not needed for the change. HOW TO REPORT A CLAIM: 'r{lritten notice of claim must be given to Allstate at its Home Office,ivithin six months afterthe occurrence of any loss covered by the Policy, or as soon as reasonably possible. Notice given by or on behalf of the claimant or the beneficiary with information suffi- cient to identify the insured Person shall be deemed notice. CLAIM FORMS: Once Allstate receives written notice of a claim, it will send forms for filing proof of loss. If these forms are not sent to the claimant within 15 days after Allstate receives notice, the proof of loss requirements will be met by giving Allstate written proof of the occurrence, and cause of the loss within th-e time stated in the Proof of Loss Provision. PROOF OF LOSS: Written proof of loss must be furnished to Allstate within nine months after the date of loss. If this is not reason-, possible, Allstate may not deny the clair the proof is furnished as soon as reasonz possible, but not later than one year fr the time required, unless the claimant legally incapable of doing so. PAYMENT OF CLAIM: Benefits payable for I under the policy will be paid immediately u receipt of due written proof of loss. If benefit under this policy is payable to insured Person's estate or to a person wh a minor or is otherwise not competent to t a valid release, Allstate may pay part of benefit (up to S1,000) to any blood relativ the Insured Person. Any payment made in good faith shall discharge Allstate to the extent of payment. LEGAL ACTION: Suit for benefits under policy cannot be brought sooner than 60 d after Allstate received written proof of los: required, and no such action may be initi? after three years from the time written proc loss is required. CONFORMITY WITH STATE LAWS: Any pr sion of the policy which, on its effective dat in conflict with any law to which it is subjec amended to conform to the minimum regL ments of such law. AUTOPSY: Allstate at its own expense have the right and opportunity to makE autopsy where it is not forbidden by law. ALLSTATE LIFE INSURANCE COMP, Michael P. Duncan Louis G. LowE Secretary President his notice contains f- Mant information about your riahts and our responsibilities under t'ie Fair Credit Biliina Act. 1. Notify Us in Case of Errors or Questions About Your Bill If you thin { your bill is virong, or if you need more information about a transaction cn your bill,,vrite us on a separate sheet of paper at the address listed on your bill for Notice of Billing Errors. Write to us as soon as possible. We must hear from you no later than 60 days after vle sent you the First bill on which the error or problem appeared. You can telephone us, but doing so wiil not pre- seRre your rights. In your letter, give us the follovring information: • your name and account number. • the dollar amount of the suspected error. • describe the error and explain. ii you can, why you believe there is an error. If you need more information, describe the item you are not sure about. if you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must each us three business days before the automatic payment is scheduled to occur. 2. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter,vithin 30 days, unless vie have corrected the error by then. U'rthin 90 days, 'i`r'e must either correct the error or ex- plain why we believe the bill was correct. After vie receive your letter, vie cannot try to col- lect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount againstyour credit limit. You do not have to pay any ques- tioned amount while vle are investigating, but you are still obligated to pay the parts of your bill that are not in question. If vie find that vie made a mistake on your bill, you viill not have to pay any finance charges re- lated to any questioned amount. If we didn't make a mistake, you may have to pay the finance charges, and you will have to makeup any missed payments on the questioned amount. In either case, we,1riil send you a statement of the amount you ogre and the date that it is due. If you fail to oay the amount that we think you owe, ,Are may report you as delinquent. However, if our explanation does not satisfy you and you write us within ten days telling us that you still refuse to pay, vie must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone vie report you to that the matter has been settled beMeen us when it finally is. If we don't foliovi these rules, ,ve can't collect the first 550 of the questioned amount, even if your bill was correct. 3. Special Rule For Credit Card Purchases if you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to corWthe prob- lem with the merchant, you may have the right not to pay the remaining amount due on the goods or services. There are firm limitations on this right: (a) you must have made the purchase in your home state or, if not within your home state, vrithfn 100 miies of your current mailing address; and (b), the purchase price must have been more than $50. These limitations do not apply if we own or op- erate the merchant, or if we mailed you the advertisement for the goods or services. BR REV. 10/89 Your Billing Rights KEEP THIS NOTICE FOR FUTURE USE r td 10 » u?• -. fir„ ?t.hi,,v ?z r iL ,..?.-?. ??.. -..,. AFFIDAVIT 1. My name is Phillip Reed, and I am a Team Leader for Discover Financial Services, Inc. 2. Greenwood Trust Company ("Greenwood"), an FDIC-insured Delaware state bank, and its service affiliate, Discover Financial Services, Inc. ("DFSI'), fWa NOVUS Services, Inc., are wholly-owned subsidiaries of NOVUS Credit Services Inc. i?? mrinnygl iang im Bi??a?G 4 al BI???m rMlinum Card and Private Issue Card, among o er cre card pr a 4. DFSI provides servicing to Greenwood for those products, including among other things, marketing, application processing, card issuance, transaction authorization, Cardmernber services, billing, security, collections, and the transmission of information to credit reporting agencies. 5. DFSI coitects debts only for Greenwood and other DFSI corporate affiliF tes. FURTHER AFFIANT SAYETH NOT. 1 l Phi ip Reed, Teatn Leader Discover Financial Services, Inc. Subscribed and swom before me this /9 day of I q W ?,ut sE't 7 7 1 ? ? d, s O t try O! p Anne M. Ruzicka My Commission expires -29-02 F.\LAW USER\DAIL4131?FORMSICOLLECTiO*IATTQFUNEYXFFIDAVMDOC r3 -IQ d ? Ul c PE) r- -5 f.> zt -71 ry ?; E SHERIFF'S RETURN - REGULAR V CASE NO: 2005-05174 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS POWELL MICHELLE R BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE the POWELL MICHELLE R was served upon DEFENDANT , at 1733:00 HOURS, on the 2nd day of November , 2005 at 79 MOUNTAIN ROAD NEWBURG, PA 17240 by handing to MICHELLE POWELL 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: 6.00 19.20 ? a ?..=e:aK .00 10.00 R. Thomas Kline .00 35.20 11/07/2005 DOUGLAS MARINOS /J Sworn and Subscribed to before By: CC, me this J4- day of p7c?S A.D. Proth ary Deputy SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05174 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS POWELL MICHELLE R R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: POWELL MICHELLE R but was unable to locate Her deputized the sheriff of FRANKLIN in his bailiwick. He therefore serve the within COMPLAINT a NOTICE County, Pennsylvania, to On November 7th , 2005 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 38.44 Postage .37 75.81 11/07/2005 DOUGLAS MARINOS Sworn and subscribed to before me So answeia- R. Thomas Kline Sheriff of Cumberland County this -&6' day of „Puy ZOt,.S &4?4 - rotho ry In The Court of Common Pleas of Cumberland County, Pennsylvania Discover Bank VS. Michelle R. Powell No. 05-5174 civil Now, October 5, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA 20, at o'clock M. served the SHERIFF'S RETURN - NOT SERVED CASE NO: 2005-00236 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN DISCOVER BANK VS MICHELLE R POWELL ROBERT WOLLYUNG Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: POWELL MICHELLE R but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT NOT SERVED , as to the within named DEFENDANT POWELL MICHELLE R 148 FORT MCCORD CHAMBERSBURG, PA 17201 DEF MOVED TO 79 MOUNTAIN LANE NEWBURG PA CUMBERLAND CO Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 ROBERT WOLLYUNG, Sheriff Surcharge .00 .00 .00 CUMBERLAND CO SHERIFF 10/17/2005 Sworn and subscribed to before me this day of A.D. Notary Curtis R. Long Prothonotary (Office of the Protbonotarp Cumberfattb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0S - 5179 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY nim- rnnrthnnce Square • Carlisle. Pennsvivania 17013 • (717) 240-6195 • Fax (717) 240-6573