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HomeMy WebLinkAbout05-1781IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JON SCOTT VOIGT AKA JON VOIGT Defendant No: as - /,I P/ 01'u (' ? COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 04155254 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No JON SCOTT VOIGT Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, is a corporation with offices at 3311 MILL MEADOW DR. HILLIARD , OH 43026 . 2. Defendant is an adult individual(s) residing at the address listed below: JON SCOTT VOIGT 7 ROBIN DR CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011002400372983 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of March 22, 2005 , in the amount of $3105.22 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $500.00 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant , JON SCOTT VOIGT individually , in the amount of $3105.22 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 our client and any information ob Ja a m ro t WEL , WEINBERG & REIS CO., L.P.A. 436 eventh Avenue, Suite 2718 Pi t burgh, PA 15219 ( 2 434-7955 F 412-338-7130 41 5254 C A Pit KMJ mpting to collect this debt for ed will be used for that purpose. 31 SDSN6A01 0008369 JON VOIGT 7 ROBIN DR CARLISLE PA 17013-9294 SAVE TODAY! Call 1-877-353-0941 to transfer your higher-rate balances to your Discover@ Card or visit Discovercard.com PO BOX 15251 111 111 1111111 11 111111111111 WILMINGTON DE 19886-5251 Address or telephone change? Please print change in the space above, 11111111111111 till 11111111111111 1i i 111111111 or go to Discovercard.com. 000006011002400372983000000000000000055700 Discover Gold Card Account Summary account number payment due date minimum payment due credit limit credit available cash credit limit cash credit available 6011 0024 0037 2983 February 27, 2005 $557.00 $1,500.00 $-1,605.00 $800.00 $0.00 Closing Date: January 31, 2005 page 1 of 2 previous balance $3,105.22 payments and credits - 3,105.22 purchases + 0.00 cash advances + 0.00 balance transfers + 0.00 FINANCE CHARGES + 0.00 new balance = $0.00 Transactions trans. post date date Payments and Credits Jan 31 Jan 31 INTERNAL CHARGE-OFF $ -3,105.22 t? tr Nominal ANNUAL Transaction Average Daily ANNUAL Periodic Fee Daily Periodic PERCENTAGE PERCENTAGE FINANCE FINANCE Balances Rates RATES RATES CHARGES CHARGES current billing period: 7 days Purchases $0 0.06847% 24.99% F 24.99% $0 none Cash Advances $0 0.06847°/ 24.99% F 24.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. DISCOVER GOLD IMPORTANT INFORMATION ABOUT YOUR ACCOUNT . r.t 'III' CARDMEMBER AGREEMENT The terms and conditions of your Account, including how we calculate finance charges, our-fees and an Arbitration of Disputes section. You have the right to reject the arbitration provision with respect to your new Account within 30 days after receiving your Card, as explained in the "Acceptance of Agreement" section ............. ............ SEE PAGES 1 - 12 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 13 - 16 BILLING RIGHTS Important information about your rights and our responsibilities under the Fair Credit Billing Act ..... .............................SEE PAGES 16-17 DISCOVER* GOLD REWARDS TERMS AND CONDITIONS The terms and conditions of the Discover Gold Rewards award program, including a description of how we calculate the award and how it is paid .... . .............................SEE PAGES 17-18 DESCRIPTION OF COVERAGE i The terms and conditions of the Scheduled Air Travel Accident Insurance and the Secondary Rental Car Collision Coverage that is provided at no charge to vni when you use vour Card to purchase airline f1:. . CARDMEMBER AGREEMENT Please read this Agreement carefully before using your Discover® Gold Card Account It contains the terms and conditions of your Account, some of which may have changed from earlier materials provided to you. in the event of any differences, this Agreement shall control. We respect your privacy. See the Privacy Section on page 10 and.our Privacy Policy for additional information. The Arbitration of Disputes Section on page 11 includes a waiver of a number of rights, including the right to a jury trial. CARDMEMBER AGREEMENT Agreement Terms 2 Acceptance of Agreement ....................... 2 Use of Your Account ........................... 2 i Aiithnrized Users .............................. 3 Unauthorized Use ........ .:................... 3 Credit Limit-Available Credit...... ................ 3 I Promise to Pay ................. 3 Monthly Billing Statement ....................... 4 Monthly Payment Options ....................... 4 I Minimum Monthly Payment ..................... 4 i Credit Balances ................................ 5 Balance Transfers ............... ............. 5 Finance Charges ............................... 5 Periodic Finance Charges ........................ 5 Default Rate Plan .............................. . 7 Cash Advance Transaction Fee Finance Charges ...... 8 j Balance Transfer Transaction Fee Finance Charges .... 8 I Minimum Finance Charge ....................... 8 Returned Check Fee ............................ 8 Returned Discover Gold Card Check Fee ............ 9 Stop_ Payment Fee .............................. .9 Late Fee . ........................ ........ . 9 Pay-by-Phone Fee ....................... 9 Research Fee .................... ............ 9 Overlimit Fee ................................. 9 Default-Acceleration-Collection Costs .............. 9 Cancellation..... ........................... 9 Privacy ..................................... 10 Electronic Communications ...................... 10 Credit Authorizations .......................... 10 Change of Terms ...................... ...... ..10 Change of Address............................. 11 Assignment of Account ........................ 11 Arbitration of Disputes ........................ 11 Compliance with Interest Rate Limitations .......... 12 Governing Law ............................... 12 'ERMS. The word "Account" means your Discover Gold The word "Card" means any one or more Discover Gold o you or someone else with your authorization. The "your", or "yours" refer to, in addition to you, the any other person or persons who are also contractually its Agreement. The words "we", "us" and "our" refer to the issuer of your Discover Gold Card. The words iser" mean any person whom you authorize to use your =ard, whether you notify us or not. The words "Pricing an the document accompanying your Card and listing 'harge rates that apply to your. Account. The Pricing rt of this Agreement. DF AGREEMENT. The use of your Account or. a Card by thorized User, or your failure to cancel your Account s after receiving a Card, means you accept this Agree- g the Arbitration of Disputes provision on page 11. Your reject the Arbitration of Disputes section by providing rejection within 30 days after receiving a Card, at the. ress: Discover Card, P.O. Box 30938, Salt Lake City, UT you were previously subject to arbitration with respect t, this right to reject arbitration will not apply to you in the Account has been reopened or replacement Cards i. Your rejection notice must include your name, address, nber, Account number and signature and must not be other correspondence. Calling us to indicate that you tration of Disputes section or sending a rejection notice or format that does not comply with all applicable s insufficient notice. In order to process your notice, we ie notice be provided by you directly and not through a jection of arbitration will not affect your other rights or under this Agreement or your obligation to arbitrate any other account as to which you and we have agreed ;putes. If you do not send a refection notice, you will be he Arbitration of Disputes section with respect to this account you have had with us, even if you have a rejection notice with respect to that prior account. ACCOUNT. Your Account may be used for: purchase or lease goods'or services from participating presenting your Card or Account number. ces - to obtain cash advances from participating eller machines, financial institutions or other locations, )f checks which we may furnish to you, all in accordance ditional terms and conditions as may be imposed from sfers - to transfer balances from other creditors or to transactions by means of balance transfer coupons or :ordance with such additional terms and conditions as from time to time. ur Account may be used to guarantee reservations at establishments. You will be liable for guaranteed at are not cancelled prior to the time specified by the may be used for personal, family, household and >oses. Your Account may not be used to obtain loans to or trade in securities, or to pay any amount you owe -2- under this Agreement ("Prohibited Transactions"). Prior to its use, each Card must be signed by the person to whom it is issued. We are not responsible for the refusal of anyone to accept or honor a Card or to accept checks that we have provided you. You must return any Card or unused checks to us upon request. If a merchant fails to provide your purchase to your satisfaction and, at your request, we issue a credit to your Account, you will be deemed to have assigned to us your claim against the merchant and/or any third party for the credited amount. Upon our request, you agree to provide us with written evidence of such assignment. Your rights and responsibilities under the Fair Credit Billing Act described in the billing rights summary on pages 16-17 and on the back of your monthly billing statement apply only to credit card transactions. This special rule for credit card transactions does not apply to purchases made with a balance transfer check or cash advance. Therefore, if you have a problem with the quality of goods or services that you purchased with a balance transfer check, cash advance check or the proceeds of a cash advance, you do not have the right to withhold payment of the amount due. AUTHORIZED USERS. If you want to cancel the authority of a current Authorized User to use your Account or a Card, you must notify us in writing or by telephone and destroy any Card in that person's I possession. None of your rights under this Agreement (other than to j pay amounts owed) may be exercised by any person not a party to this Agreement acting pursuant to a power of attorney, without our separate written agreement (which we are not obligated to give). UNAUTHORIZED USE. If a Card is lost or stolen, or if you think that someone is using your Account or a Card without your permission, notify us immediately. You can notify us by telephoning 1-800- DISCOVER (1-800-347-2683), or by writing DISCOVER GOLD CARD, PO Box 15156, Wilmington, DE 19886-1002. You agree to assist us in determining the facts relating to any theft or possible unauthorized use of your Account or a Card and to comply with such procedures as we may require in connection with our investigation. If our records indicate that you have enrolled in an automatic billing arrangement, such as a monthly gym membership, we will attempt to provide your new Account number to that merchant. However, if you no longer wish to continue the automatic billing arrangement, you must contact the merchant directly. CREDIT UMITAVAILABLE CREDIT. We will advise you of your Account credit limit. We may impose. a lower limit that will apply to cash advances, referred to as the cash advance credit limit. You agree not to allow your unpaid balance, including Finance Charges and fees, to exceed your Account credit limit. If you exceed your Account credit limit, we may request immediate payment of the amount by which you exceed your Account credit limit. We may increase or decrease your Account credit limit or your cash advance credit limit without notice. The credit available for your use may, from time to time, be less than your Account credit limit. For 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 that we receive. Your available credit will not be increased by the amount of any credit balance. PROMISE TO PAY. You agree to pay us in U.S. Dollars for all purchases, cash advances and balance transfers including applicable Finance )they charges or fees, incurred by you or anyone you ermit to use your Account or a Card, even if you do not Dthers are using your Account or a Card. We will convert cash advances made in a foreign currency to U.S. Dollars ng on the date of conversion. If you pay us in other than ve may refuse to accept the payment or charge your ost to convert your payment to U.S. Dollars. All checks i on funds on deposit in the U.S. You may not use a cash k, balance transfer check or coupon, or any other heck drawn on any Discover Bank credit card account to is on your Account. nt is a joint Account, each of you agrees to be liable id jointly for the entire amount owed on your Account. : late payments or partial payments or checks and money A "payment in full" or with any other restrictive without losing any of our rights under this Agreement. LING STATEMENT. Unless we waive our right to do so, we a billing statement after each monthly billing period in ve a debit or credit balance. The. billing statement will hases, cash advances, balance transfers, Finance Charges irges or fees and all payments or other credits posted to during the billing period. It will show your New Balance, ment Due and Payment Due Date. YMENT OPTIONS. You may at any time pay the entire shown on your billing statement, but each month you east the Minimum Payment Due. All payments must be dance with the terms, including the payment cutoff time, ur monthly billing statement, and we will credit your :cordance with those terms. In addition, we reserve the nge those terms without prior notice. We will apply d credits to the New Balance shown on your current ent in order of the Annual Percentage Rate applicable to f each transaction category (as referenced in the Periodic 3es Section), from lowest to highest beginning with the .ct to the lowest Annual Percentage Rate. We then apply J credits to any new transactions using the same method. have the right to apply payments and credits to balances Annual Percentage Rates prior to balances with lower .ntage Rates, such as when there are two initial special ole to your Account and the lower Annual Percentage re before the higher Annual Percentage Rate. IONTHLY PAYMENT. The Minimum Payment Due each )e the sum of any amount past due and the minimum nent. The minimum monthly payment each month will be 7f $10.00 or 1/50th of the New Balance, rounded to the vhole dollar amount. If any ANNUAL PERCENTAGE RATE your Account is greater than 22.99%, your minimum ment will be the greater of $10 or 1/45th of the New ided to the next higher whole dollar amount. Regardless d Percentage Rates on your Account, if the New Balance 0.00, the minimum monthly payment will be the amount Balance. Paying the Minimum Payment Due may be D bring your Account balance below your Account credit )sequently, may not avoid the imposition of the Overlimit I in the Overlimit Fee Section. We may from time to time . -4- allow you to not make a minimum monthly payment, and will notify you when this option is available. If you take advantage of this offer and do not make a minimum monthly payment, 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 credit balance within seven business days from receipt of your written request. If you do not request a refund, we will automatically refund credit balances greater than $1.00 which remain in your Account after two billing periods. BALANCE TRANSFERS. We may periodically offer you the opportunity to transfer balances from other creditors or to make other transactions to your Account by means of balance transfer coupons or checks. Each ; offer will contain an initial special rate, which will be the Annual Percentage Rate that will apply to transferred balances for the time period specified in the offer, subject to the Default Rate Plan Section, and may contain a Balance Transfer Transaction Fee Finance Charge for each balance transfer made during the term of the offer, as disclosed in the offer and as set forth in the Pricing Schedule, if applicable. After the expiration of this time period, the Annual Percentage Rate that ' applies for purchases will apply to transferred balances. Balance transfers subject to the initial special rate are referred to as special rate ' balance transfers; balance transfers for which the initial special rate has expired are referred to as purchase rate balance transfers. Each offer will contain an expiration date. If you attempt to transfer balances by means of a check after the expiration date, we will treat the transaction as a cash advance. We will not make balance transfers attempted by means of a coupon after the expiration date. FINANCE CHARGES. You can avoid payment of Periodic Finance Charges on new purchases if you pay the New Balance shown on the billing statement on which the purchase first appears by the Payment Due Date, and the Payments and Credits on that statement equal or exceed your Previous Balance. We call this the "grace period." You do not have a grace period on balance transfers or cash advances. Periodic Finance Charges are imposed on new balance transfers and cash advances beginning with the date the transaction occurs. PERIODIC FINANCE CHARGES. Periodic Finance Charges are imposed on all transactions until the date of repayment. Repayment means payment of your entire New Balance. However, if you pay the New Balance shown on the current billing statement by the Payment Due Date, and the Payments and Credits shown on this statement equal or exceed the Previous Balance, we will not impose Periodic Finance Charges on new purchases, that is, purchases first appearing on the current statement. Otherwise, you will receive a billing statement the next month that includes. Periodic Finance Charges imposed until the date of repayment We compute Periodic Finance Charges each day for purchases, cash advances, and balance transfers (which we refer to as transaction categories) by using the following equation: Average Daily Balance x number of days in the billing period x Daily Periodic Rate. (You may efer to the finance charge summary on the front of your billing tatement for these amounts.) Then we add all the Periodic Finance :harges for each transaction category to get the total Periodic Finance :harges for your Account. The Average Daily Balance is shown as zero -5- )ce Charges ,apply to the balance in a transaction 4 -cycle average daily balance (including new od of calculating the balance upon which we lance Charges. This means if you did not pay the n on the billing statement you received during the .,riod by the Payment Due Date; we will impose arges on new purchases that first appeared on that as well as new purchases that first appear on the ?ment, unless we already imposed Periodic Finance .jrchases on your previous billing statement. We ,ge daily balance for each transaction category by daily balances in a billing period. for a.transaction ing the total by the number of days in the.bili.ing the daily balance for each transaction category on adding the following to the previous day's daily )ns made that day, fees charged that day and iarges accrued on the previous day's daily balance; acting any credits and payments that are applied ce of the transaction category on that day. In Jly balance for the previous billing period, we IOUs day's daily balance" to have been zero on the ng period. --e transfers and Balance Transfer Transaction Fee re included in the daisy balance of the balance i category. Balance transfers that were subject to an :hat has been terminated due to a late payment or tanding Account balance exceeded your Account included in this category until the initial special rate ave expired. In.calculating the daily balance of the. ansaction category on the first day of the billing ct the unpaid balance of those Balance Transfer )ante Charges and balance transfers that become nce transfers on that day and we add that unpaid ince of the purchase transaction category. your Account are added to the purchase transaction xception of Cash Advance Transaction Fee Finance added to the cash advance transaction category and ansaction Fee Finance Charges which are added to !r transaction category. If a transaction is posted to the close of the billing period in which it occurs, we saction as.having occurred on the first day of the rich it is posted to your Account. Rate and corresponding Annual Percentage Rate i transaction category is either a fixed rate or a forth in your Pricing Schedule. The Daily Periodic the corresponding Annual Percentage Rate. The ?rcertage Rate for a transaction category is deter- specified number of percentage points to the Prime i on the Pricing Schedule as "Prime + (percentage ses of this Agreement, the Prime Rate is the highest A as the "prime rate" in the money rates section of urnal on the last business day of the month. The y a pricing index'and does not represent the lowest -6- or best interest rate available to a borrower at any bank at any given time. Your Annual Percentage Rate will increase or decrease when the Prime Rate changes. This change will be effective beginning on the first day of the billing period that begins during the same month as the change in the Prime Rate. (2) Annual Percentage Rate for Purchases We.may have offered you an introductory rate on purchases. The introductory rate is the Annual Percentage Rate that will apply to pur- chases for the time period specified in the offer, subject to the Default Rate Plan Section. After expiration of this time period, the Annual Percentage Rate for purchases will apply. The Daily Periodic Rates and corresponding Annual Percentage Rates in effect on the date this Agreement is furnished to you are set forth in the Pricing Schedule. (3) Annual Percentage Rate.for Cash Advances The Daily Periodic Rate and corresponding Annual Percentage Rate in effect on the date this Agreement is furnished to you are set forth in the Pricing Schedule. (4) Annual Percentage Rate for Balance Transfers The Daily Periodic Rate and corresponding Annual Percentage Rate in effect for special rate balance transfers will be set forth in the offer from us under which you make the balance transfer. As indicated in the Balance Transfers Section above, purchase rate balance transfers will be subject to the Daily Periodic Rate and corresponding Annual Percent- age Rate that apply to purchases and the Default Rate Plan Section. The Daily Periodic Rate and corresponding Annual Percentage Rate in effect on the date this Agreement is furnished to you are set forth in the Pricing Schedule. DEFAULT RATE PLAN. We will review your Account on the last day of each billing period to determine the Annual Percentage Rates that will apply to your Account. In reviewing your Account, we will look at the current billing period as well as the previous eleven billing periods. Any increased rate described below will apply beginning with the first day of the billing period in which we review your Account. if-we did not receive a required payment by the Payment Due Date during the billing period in which we review your Account, then any initial special rate on balance transfers and any introductory or promotional rate on purchases that currently applies to your Account, and' any such rate that we have previously offered to you, will terminate and the standard An6'al Percentage Rate for purchases will apply to your balance of balance transfers and purchases as well asiany introductory or promotional rate on purchases and any initial special rate on balance transfers that we have previously offered to you. In addition, if the standard Annual Percentage Rate for purchases:is less than 19.99% and during the immediately preceding eleven billing periods we did not receive a required payment by the Payment Due Date, then the Standard ANNUAL PERCENTAGE RATE for purchases will be increased to 19.99%'(a Daily Periodic Rate of .05477%). If your outstanding balance exceeds your Account credit limit as of the day we review your Account and your outstanding balance exceeded your Account credit limit as of the last day of any billing period in the immediately preceding eleven billing periods, then any initial special rate on balance transfers and any introductory or promotional rate on purchases that currently applies to your Account, and any such rate -7- ously offered to you will terminate and the standard Rate for purchases will apply to the balance of your and purchases as well as any introductory or )n purchases and any initial special rate on balance have previously offered to you. If the standard Rate for purchases is less than 19.99%, then the PERCENTAGE RATE for purchases will be increased Periodic Rate of .05477%). VNUAL PERCENTAGE RATE for purchases is less than ig the current and immediately preceding eleven u either failed three times to make a required e or exceeded your Account credit limit three times of a billing period, then the. standard ANNUAL E for purchases and for cash advances will be (a Daily Periodic Rate of .06847%). TRANSACTION FEE FINANCE CHARGES. We will Advance Transaction Fee Finance Charge of 3% of Bch new cash advance. There is a minimum Cash )n Fee FINANCE CHARGE of $5.00 and no maximum isaction Fee FINANCE CHARGE. The imposition of 3action Fee Finance Charges may result in an Annual Dr cash advances that is higher than the nominal Rate. All forms of cash advances, including the use rd checks, regardless of the purpose for which used, >h Advance Transaction Fee Finance Charges. To inance Charge on cash advances for each billing Cash Advance Transaction Fee Finance Charges for :harged under this Section to any Periodic Finance under the Periodic Finance Charges Section for the fiction category. :R TRANSACTION FEE FINANCE CHARGES. If the fer you receive contains a Balance Transfer Trans- Charge, we will charge you a Balance Transfer nance Charge for the amount of each balance der that offer. If there is a Balance Transfer lance Charge in conjunction with the offer you applied for an Account, it will be in the amount set g Schedule. The imposition of Balance Transfer ance Charges may result in an Annual Percentage ransfers that is. higher than the nominal Annual ;o obtain the total Finance Charge on balance pilling period, we add any Balance Transfer Trans- Charges calculated under the Periodic Finance the balance transfer transaction category. CHARGE. Wewill charge you a minimum FINANCE any billing period in which some FINANCE CHARGE ,uld otherwise be imposed. =EE. We will charge you a .Returned Check Fee of u pay us with a check that is returned unpaid. This if a debit transaction to a deposit account from thorized :us in writing, electronically or orally to all or a part of an amount you owe us under this ied unpaid..:We will charge you this fee the first is returned unpaid, even if it is paid upon -8- RETURNED DISCOVER GOLD CARD CHECK FEE. We will charge you a Returned Discover Gold Card Check Fee of $29.00 each time we decline to honor a Discover Gold Card cash advance check, balance transfer check or other promotional check. STOP PAYMENT FEE. We may charge a Stop Payment Fee of $15.00 each time we stop payment at your request on a cash advance check, balance transfer check, or other promotional check. LATE FEE. We will charge you a Late Fee if you have failed, as of the Payment Due Date, to make the Minimum Payment Due that was required to be paid by that date. The amount of the Late Fee is based on the sum of all outstanding purchases, cash advances, balance transfers, other charges, other fees and. Finance Charges at the end of the billing period. If the sum is less than $100, the Late Fee-is $15. If the sum is equal to or greater than $100, and less than $1,000, the Late Fee is $25. If the sum is equal to or greater than $1,000, the Late Fee is $35. PAY-BY-PHONE FEE. We may from time to time allow you to make payments by authorizing us over the telephone to transfer or pay funds from a deposit account to your Account. We will charge a Pay- by-Phone Fee of $10 for each such transfer or payment. RESEARCH FEE. We may charge you a Research Fee of $5.00 for each copy of a billing statement or sales slip that you request. However, we will not charge a fee. if you request copies in connection with a billing error. OVERLIMIT FEE. We will charge you an Overlimit Fee each time that, as of the close of a billing period, your outstanding Account balance exceeds your Account credit limit. This fee may be charged even if the transaction which causes you to exceed your Account credit limit is authorized by us or if you exceed your Account credit limit due to the posting of Finance Charges or fees to your Account. The amount of the Overlimit Fee is based on the sum of all outstanding purchases, cash advances, balance transfers, other charges, other fees and Finance Charges at the end of the billing period. If the sum is equal to or less than $1,000, the Overlimit Fee is $15. If the sum is greaterthan $1,000, the Overlimit Fee is $35. DEFAULT-ACCELERATION-COLLECTION COSTS. You are in default if you become insolvent; if you file a bankruptcy petition or have one filed against you; if we have a reasonable belief that you are unable or unwilling to repay your obligations to us; if you are declared incompetent by a court or if a court appoints a guardian for you or a conservator for your assets; if you. die; or if you fail to comply with the terms of this Agreement, including failing to make a required payment when due, exceeding your Account credit limit, or using your Card or Account for a Prohibited Transaction. If you are in default, we may declare the entire balance of your Account immediately due and payable without notice. If we refer the collection of your Account to an attorney or employ an attorney to represent us with regard to recovery of money that you owe us, we may charge you reasonable. attorneys' fees and court or other collection costs as permitted by law and as actually incurred by us. We may delay enforcing or not enforce any of our rights under this Agreement without losing or waiving any of them. CANCELLATION. You may cancel your Account by notifying us in writing or by telephone and returning or destroying every Card and unused check that we have provided you. Of course, you will still be responsible to pay any amount you owe us.according to the terms of -9- your Account is a joint Account, each of you may nt. We may cancel or suspend your Account at any :ice. We may choose not to renew your Account -ation date shown on the face of a Card) without ert the privacy of information about you and your vacy Policy includes a summary of the personal DIlect, when it may be shared with others, how we fidentiality and security of information and the steps limit our sharing of such information with others. fully as it is part of your Cardmember Agreement. As Privacy Policy, we may report to credit reporting ?r creditors the status and payment history of your I negative credit information. We normally report to :ing agencies each month. If you believe that our :ount status is inaccurate or incomplete, please write g address: Discover Card, PO Box 15316, Wilmington lease include your name, address, home telephone unt number. to time review your credit, employment and income ,nnel may listen to or record telephone calls between esentatives in order to evaluate the quality of our dmembers without notice to you. We may use any ;g but not limited to mail, live telephone calls, .one equipment, prerecorded telephone calls, and e- ,ou about your Account or offer you products or be of value to you. if you prefer not to be contacted these ways, call us at 1-800-225-5202 or write to us P.O. Box 30961, Salt Lake City, UT 84130-0961. We :ethods by which you can obtain information about e will only release such information to you, any .hat our records indicate is an authorized buyer on d any other person with your prior permission, in vided in our Privacy Policy or as required by law. Our cannot insure against unauthorized inquiries. You i not be responsible for the release of information to n if without your authorization or permission, has n of a Card or has learned other identifying )ut you such as your personal identification number, x social security number. MUNICATiONS. We may offer you the opportunity to tices from us electronically rather than through the nonthly billing statements and change of terms ns and conditions for receiving these electronic vill be described in the offer. IZATIONS. Certain transactions will require our x to completion of the transaction. In some cases, to provide identification. If our authorization system may not be able to authorize a transaction. We will )u if any of these events happen. MS. We may change any term or part of this ding any finance charge rate, fee or method of valance upon which the finance charge rate is a my new term or part to this Agreement by sending lectronically delivered notice at least 15 days before -10- the change is to become effective. We may apply any such change to the outstanding balance of your Account on the effective date of the change and to new charges made after that date. if you do not agree to the change, you must notify us in writing or electronically within 15 days after the mailing of the notice of change at the address provided in the notice of change, in which case your Account will be closed and you must pay us the balance that you owe us under the existing terms of the unchanged Agreement. Otherwise, you will have agreed to the changes in the notice. Use of your Account after the effective date of the change will be deemed acceptance of the new terms as of such effective date, even if you previously notified us that you did not agree to the change. CHANGE OF ADDRESS. If you change your address you must notify us of your new address within 15 days. ASSIGNMENT OF- ACCOUNT. We may sell, assign or transfer your Account or any portion thereof without notice to you. You may not sell, assign or transfer your Account without first obtaining our prior written consent. ARBITRATION OF DISPUTES. In the event of any past, present or future claim or dispute (whether based upon contract, tort, statute, common law or equity) between you and us arising from or relating to your Account, any prior account you have had with us, your application, the relationships which result from your Account or the enforceability or scope of this arbitration provision, of the Agreement or of any prior agreement, you.or we may elect to resolve the claim or dispute by binding arbitration. IF EITHER YOU OR WE ELECT ARBITRATION, NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WITH RESPECT TO OTHER ACCOUNTS, OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE. ATTORNEY GENERAL. CAPACITY. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit, and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision. We will not invoke our right to arbitrate an individual claim you bring in small claims court or your state's equivalent court, if any, so long as the claim is pending only in that court and does not exceed $5,000.00. Your Account involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act (FAA). The arbitration shall be conducted, at the option of whoever files the arbitration claim, by either JAMS/Endispute (JAMS) or the National Arbitration Forum (NAF) in accordance with their procedures in effect when the claim is filed. For a copy of their procedures, to file a claim or for other information, contact JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614 (phone 1-800-352-5267) or NAF at P.O. Box 50191, Minneapolis, MN 55405 (phone 1-800-474-2371). At your written request, we will advance any arbitration filing, administrative and hearing fees which you would be required to pay to pursue a claim or dispute as a result of our electing to arbitrate that claim or dispute. Send requests to P.O. Box 15192, Wilmington, DE 19886-1020. The arbitrator will decide who will -tt- Bible for paying those fees. In no event will you be se us for any arbitration filing, administrative, or -nount greater than what your and our.combined ive been if the claim had been resolved in a state n. In no event will you be required to pay any fees us in connection with an arbitration proceeding !merit is prohibited by law. -in g will take place in the federal judicial district he arbitrator shall follow applicable substantive nsistent with the FAA and applicable statutes of honor claims of privilege recognized at law. If ty, the arbitrator shall write an opinion containing award. The arbitrator's decision will be final and ;y appeal rights under the FAA and except that if very exceeds $100,000.00, any party may appeal lays to a three-arbitrator panel which shall review 'he costs of such an appeal shall be borne by the dless of outcome. Judgment upon any award by enforced in any court having jurisdiction. tions under this arbitration provision shall inure A be binding upon our parent corporations, (including, without limitation, Discover Financial ?ssors, successors, assigns, as well as the officers, ,es of each of these entities, and will also inure to d parry named as a co-defendant with us or with in a claim which is subject.to this arbitration and obligations under this arbitration provision iehefit of and be binding upon all persons der this Agreement and all Authorized Users of ration provision shall survive termination of your voluntary payment in full by you, any legal :ollect a debt owed by you, any bankruptcy by of your Account. TEREST RATE LIMITATIONS. We intend that this y with applicable interest rate limitations. You pay Finance Charges or other charges at a rate maximum amount permitted by law. If it is ever t, but for this Section, the Finance Charges or :his Agreement would exceed the maximum 3nce Charges and other charges will be reduced J amount Any excess amount that you have 2d to educe the outstanding balance of your Funded to you by.means of a check in our ?greement will be governed by the laws of the applicable federal .laws. If any part of this )enforceable, it will not make any other part Discover Bank DISCOVER GOLD CARD (? 10 /1 ? Vice President -12- 3 r PRIVACY POLICY We Respect Your Privacy our mission is to provide you with superior products and services, along with the peace of mind knowing that your privacy is secure. We understand your concerns about guarding information about you and your Account. We want to assure you that we have taken steps, and will continue to take steps, to safeguard that information. This Privacy Policy describes our efforts to meet these objectives. It includes a summary of the following important information: • A listing of the personal information we collect • The circumstances in which we_ may share information with others.. • The ways we safeguard the confidentiality and security of information. • The steps you may take to limit our sharing of such information with others. See Section 4 for complete details. Please read our Privacy Policy carefully. It will help you understand how . we collect and share information. 1. What Personal Information Do We, Collect? To serve you better and manage our business, it is important that we collect and maintain accurate personal information about you. We obtain this information from applications and other forms you submit to us, from your dealings with us and others, from consumer reporting agencies, and from other sources, such as our Web sites. For example: • We may obtain information such as your name, address and date of birth from applications and other forms you submit to us. • We may obtain information such as Account balances, payment history, your use of your Account and the types of services you prefer from your transactions and other dealings with us and others. • We may obtain information such as the balances of your loans with other lenders and your payment history with others from consumer reporting agencies. • We may obtain information such as your Internet service provider, your domain name, your computer's operating system and Web browser, your Web site use and your product and seance preferences from your visits to our Web sites. 2. Is Personal Information Shared With Others? We limit the sharing of information with others. Many of the offers you receive for products and services. are provided. directly to you from us. For example, a retailer that accepts the Discover* Card may come to' us with a special offer for Cardmembers, such as a discount certificate or product upgrade. After careful consideration of the nature of the offer and the company, we will create a list of Cardmembers who may be interested in the offer based on certain characteristics. We will send the offer directly to those Cardmembers on behalf of the retailer by, for example, including an insert in their monthly billing statement or. mailing the offer ourselves. We control the information used to make the offer, we do not share the list or any information about our Card- members with the retailer. However, please understand that if you do receive this type of offer from us and choose to take advantage of it, the retailer may then learn information about you because only Card- members with certain characteristics received the offer. There are, however, circumstances in which we may share the information we collect about you, as described in Section 1, with other -13- provide you with access to products and services :count effectively, as detailed below. We require dhere to our privacy standards and to use this :he limited purpose for which it was shared. We disclose it to others without our prior approval. rormation with Our Corporate Family )rgan Stanley family of companies. Our corporate ariety of products and services that can help you -s. In order to provide you with access to these we may share the information we collect about >ection 1, with other members of our corporate pies include financial service providers that offer -ices, securities and asset management services, cities and mutual funds, and may include non- viders in the future as our corporate family Information with Non-Affifiated Parties for =s formation we collect about you, as described in i-affiliated third parties, including those that Card, in order to provide you with access to s offered directly by these companies that may u. These companies include financial service urance companies, and non-financial companies, iformation with Others formation we collect about you, as described in anies that perform support or marketing services is mailing, market research and data processing; tutions with which we have joint marketing parries that are our partners for cobrand credit reward programs. We may also share such itted by law. pct The Confidentiality, Security And Integrity Of it You? cal, electronic and procedural safeguards to ation' we' collect about you. Access to such .Led to individuals who need it in order to service 'vide products and services to you, and who are r handling of such information. Employees who identiality requirements are subject to .our Where third pa rties_provide-support services, we ;orm to our privacy standards. t the information we maintain about you is •te. If you see information in your monthly billing vhere which suggests that our information is irate, please write to us at Discover Card, P.O. Box i y, UT 84130-0943 so that we can update this •. I it Sharing Of Information About You.? I racy and offer you choices as to whether we may bout you with others. If you prefer that we not ,n we collect about you, as. described in Section 1, third parties or if you prefer that we not share -14- that information with companies in our corporate family, you may opt out, that is; you may direct us .not to share that information. if you indicate a preference that we do not share that information, please understand that you will not receive offers for products and services provided by other companies that could help you lower your costs, maximize your financial resources and manage your finances. To indicate your preferences, call us at 1-800-225-5202 or write to us at Discover Card, P.O. Box 30961, Salt Lake City, UT 84130-0961. If you have previously notified us about your privacy preferences, it is not necessary to do so again unless you decide to change your preferences. Your written request should include your name, address, telephone number and Account number(s) and should not be sent with any other correspondence. In order to process your request, we require that the request be provided by you directly and not.through a third party. You will need to provide us with your preferences. for each credit card account you have with us. You may notify us about your preferences at any time. Your request will remain in effect until you notify us otherwise. We will honor your request and not share the information we collect about you, except as permitted by law. For example, federal law permits us to share information about you with consumer reporting agencies, service providers and marketing partners. It also permits us to share information about our experiences and transactions with you, such as your Account balance and payment history, with other members of our corporate family. If you are a new Cardmember, we will not share any information about you, except as permitted by law, for thirty days after we provide this Policy to you in order to give you an opportunity to inform us about your preferences.- If you are an existing Cardmember, please understand that you may continue to receive marketing offers directly from other companies that were already in production prior to the processing of your request. This Privacy Policy is provided to the primary Cardmember listed on the Account. However, any joint Cardmember has the right to notify us about preferences and we will treat that request as applying to the entire Account. We do not share information about former customers, except as permitted by law. This Privacy Policy is provided to you by Discover Bank and its subsidiaries, which currently include GTC insurance Agency, Inc. It applies to the Discover Platinum, Discover Gold, Discover Classic,. Discover Private issues", Discover Titanium Cards, and the' products and services offered in connection with those cards, inciudi The. Register" card registration service. (with the exception of any information registered in.connection with the service, which will not be shared). it is part of your Cardmember Agreement and provides a further explanation of how we collect and share information: You may have other rights under state laws that apply to this information. Please note that you will also receive privacy notices for other credit card accounts you have with us, as well as other financial products and services provided to you by us and our affiliates. You will need to indicate your preferences for each of these separately as- disclosed in the notice. Vermont and North Dakota Residents - Your State laws require. . financial institutions to obtain your consent prior to sharing information -about you with others. Except as permitted by law, we will not share information we collect about you with non-affiliated -15- f you are a Vermont resident, with companies in our to. We must tell anyone we report you to that the matter has been unless you call us at 1-800-DISCOVER and authorize us settled between us when it finally is. if we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. 3. Special Rule for Credit Card Purchases if you have a problem with the quality of goods or services that you Y o U r B i l l i n g Rights purchased with a credit card, and you tried in good faith to. correct the HIS NOTICE FOR FUTURE USE you have not the d t e oa y rem ain ng amount due on e goo s Th ere o re tw services. h ins important information about your rights and our limitations on this right: Eder the Fair Credit Billing Act.. j (a) you must have made. the purchase in your home state.or,'if not ise of Errors or Questions About Your Bill I within your home state, within 100 miles of your current mailing bill is wrong, or if you need more information about i address; and jour bill, write us on a separate. sheet of paper at the ; (b) the purchase price must have been more than $50. your bill for Notice of Billing Errors. Write to us as i These limitations do not apply if we own or operate the merchant, or ,Ne must hear from you no later than 60 days after we if we mailed you the advertisement for the goods or services. bill on which the error or problem appeared. You can doing so will not preserve your rights. us the following information: DISCOVER° GOLD REWARDS Account number. TERMS AND CONDITIONS )unt of the suspected error. The Discover Gold Rewards Terms and Conditions constitute a Dr and explain, if you can, why you believe there is an separate and independent agreement from the Cardmember Agree- d more information, describe the item you are not ment and apply to Accounts that participate in the Discover Gold Rewards program. However, these Terms and Conditions are subject orized us to pay your credit card bill automatically i to the Arbitration of Dispute Section of the Cardmember Agreement, > or checking account, you can stop the payment on I Which is incorporated herein. :pink is wrong. To stop the payment, your letter must 1. The Gold Rewards award is an amount denominated in dollars and business days before the automatic payment is cents which may be earned by Cardmembers by using their Discover° r Gold Card for qualified purchases. A Gold Rewards award is not earned IOur Responsibilities After We Receive Your Written for Prohibited Transactions (as defied in the Cardmember Agreement), cash advances, balance transfers or partial completion of € sledge your letter within 30 days unless we have an award level as of, the end of an anniversary year. , r by then. Within 90 days, we must either correct the 2. Gold Rewards payments are calculated based on the award level 'hy we believe the bill was correct reached. The award level reached is based on the amount of purchases . /our letter, we cannot try to collect any amount you t you as delinquent We can co tin bill t f made during an annual period corresponding to the Cardmember's anniversary year. The first anniversary year begins on the date the Card I . n ue you o or is issued and ends on the last day of the twelfth monthly billing period uestion,. including finance. charges, and we can apply 1 which follows. Each successive anniversary year is the approximate one- it against your Account credit limit. You do not have year period comprised of the next twelve monthly billing periods. ned amount while we are investigating, but you are ,ay the parts of your. bill that are not in question 3. The Gold Rewards award levels are based on each $2000 in purchases . made and are calculated as follows: $20 for every $2,000 in purchases made a mistake,.on your bill, you will not have to pay up to and including $6,000 in total purchases; then $10 for each $2;000 es related to any questioned amount. If we didn't i in purchases over $6,000 subject to a maximum Gold Rewards award of >u may have to pay the finance charges, and you will $500 per Account for each anniversary year. The Cardmember will not any missed payments on the questioned amount. In receive a prorated Gold Rewards award for partial completion of any I send you a statement of the amount you owe and award level. jue. The earned amount of the Gold Rewards award will be paid as he amount that we think you owe, we may report j described below provided the conditions contained in paragraph 4 However, if our explanation does not satisfy you below are met. The calculation begins again with the beginning of vithin ten days telling us that you still refuse to pay, each anniversary year. The Cardmember's monthly billing statement fe we report you. to that you have a question about I will show the total purchases through the date of the statement for must tell you the name of anyone we reported you the current anniversary year which are subject to the Gold Rewards -16- -17-. 6 E: ` .- actual payment, the purchases on which a Gold Iculated may be audited for compliance with these rds award vests and is paid shortly after each those Cardmembers in good standing on the 7d at the time of the payment. To be in good nember may not be in default (as defined in the ,ment) and the Cardmember may not have used any Prohibited Transactions within the past an Account is closed for any reason prior to the +y Gold Rewards award earned by the Cardmember Tsary date will. be forf eited: Cardmembers who are me of the payment may, at the option of Discover !ir Gold Rewards award applied as a credit to their is award is paid to qualifying Cardmembers either t to the Account or by a check that is mailed to the :over Gold Card's sole discretion. The exact method >Id Rewards award may change from year to year, >er will have the opportunity to receive a Gold a cash equivalent (i.e., check or credit to the unt). It is the Cardmember's responsibility to notify i in the event a Gold Rewards payment is not son. ,d is lost or stolen, the earned amount of the Gold he amount of qualifying purchases and the >rn the old Account will be transferred to the new -d reserves the right to make other ad)'ustments to +nts earned based on Account activity (e.g., a credit onnection with a prior purchase may result in a Id Rewards award). conditions are subject to change without notice. 3de during a Cardmember's anniversary year, and not limited to, modifying the amount of purchases `or the various award levels, changing the types of nstitute a purchase, changing the amount of Gold rned on certain types of purchases, imposing ?s or terminating the program. LZRIPTiON OF COVERAGE 'RAVEL ACCIDENT INSURANCE. Discover' Gold rovided with up to $250,000 Scheduled Air Travel n. Whenever you use your Discover Gold Card (the arge your entire Common Carrier Fare Ticket on craft operated by a Scheduled Air Carrier under a sportation of passengers for hire (herein called rier), you automatically receive this valuable tional cost. Policy providing your coverage are governed of a state other than Florida. vritten by National Union Fire Insurance Company the "Insurance Company"), with offices in New itations and exclusions apply. -1B- PLAN FEATURES Benefit Amount: $250,000 Family Aggregate Principal Sum ACCIDENTAL DEATH BENEFITS. Insurance coverage will be equal to the benefit amount for accidental loss of life. The loss must occur within one year of the accident that caused the Injury. Family Aggregate Principal Sum means the total amount of insurance in force on the Cardmember, his or- her spouse and their dependent children for any one accident. If more than one insured Person dies as the result of the Injuries received in any one accident, the Family Aggregate Principal Sum will be pro-rated and paid in accordance with the claim payment and beneficiary provisions of the Policy. Once the Family Aggregate Principal Sum is paid for any one insured Person in a Family that occurs as the result of any one accident, no further benefits are payable for further deaths in that Family due to injuries received in the same accident. Maximum Accidental Death benefits payable under the Policy, if more than one Cardmember suffers a loss from the same accident, are limited to an aggregate of $20,000,000 for all Cardmembers combined. Any reduction of benefits necessary to comply with this limitation will be made on a proportionate basis to each Card- member up to this aggregate limit of liability. As used herein, Cardmember means cardmember, his or her insured spouse and insured dependent children. This aggregate limit does not replace or in any way affect the Family Aggregate Principal Sum stated under the Policy. "Injury" means bodily injury: (a) which is sustained as a direct result of an unintended, unanticipated accident that is external to the body and that occurs while the injured person's coverage under this Policy is in force, and (b) which directly (independent of sickness, disease, mental infirmity, bodily infirmity or any other cause) causes a covered loss. DISAPPEARANCE BENEFITS. We will presume you suffered loss of life due to an accident if: you are riding in a Scheduled Air Carrier that is involved in a covered accident and as a result of the accident, the Scheduled Air Carrier is wrecked, sinks, or disappears; and your body is not found within one (1) year of the accident. The total of all benefits payable for you, your spouse and your dependent children from the same accident will not exceed the $250,000 Family Aggregate Principal Sum. ELIGIBILITY. This automatic insurance is provided to eligible holders of the credit card whose. names appear on the credit card, their spouses and their unmarried dependent children under age 19 (age 23 if attending school on a full-time basis and fully dependent on you for support). However, the age limit does not apply to a child who is incapable of self-sustaining employment by reason of mental or physical incapacity. EFFECTIVE DATES. Your insurance under this plan is effective on the later of: 1) July 1, 2001; or 2) the date you become an eligible person. Your insurance under this plan will cease on the earlier of: 1) the date the insurance coverage is terminated; or 2) on the date you cease to be an eligible holder of the credit card. THE BENEFICIARY. Unless you designate otherwise with a beneficiary designation form, your death benefit will be paid, in equal shares, -19- /ing class of those that follow: (1) your spouse; (2) your parents; or (4) your brothers and sisters. If no or, the beneficiary is your estate. You may.change by writing to the Insurance Company at: Accident & 500 West Madison Street, Suite 2250, Chicago, IL JRE. Claim forms may be obtained through the any. Claims for benefits must be filed with the any within 90'days or as soon as reasonably possible :urs. aNCE COVERAGE. You, as a Cardmember, and your ren will be covered against injuries that result in an while as a passenger in or on, including getting in or off of, any Scheduled Air Carrier if the Common et for the flight was charged to your credit card. ets issued for free with the purchase of a full-fare ticket and used by a spouse or dependent child will as fully charged to the credit card, if the ull Common Carrier Fare Ticket is charged to the active when you board the Scheduled Air Carrier, II Common Carrier Fare Ticket is purchased, or the :)n is made for the companion tickets, prior to cheduled Air Carrier. Coverage ends when you alight sled Air Carrier. enefits are not payable if the loss is caused by or self-inflicted injury or suicide; 2) sickness, disease, or ty or bodily infirmity whether directly or indirectly; f any kind regardless of how contracted, except ons that are directly caused by botulism, ptomaine i accidental cut or wound independent and in the underlying sickness, disease or condition including to diabetes; 4) committing or attempting to commit - or act of war, declared or undeclared; or (5) travel )n any vehicle used for aerial navigation, as a pilot, N member. enefits will only be payable under one Cardmember ,edit card under which the Common Carrier Fare Ily charged. payable for losses due to injury sustained while on a e tickets were purchased with a frequent flyer voucher. Iisions pertaining to this plan of insurance are ,icy #9029072 issued by National Union Fire Insurance ittsburgh, PA with offices in New York, NY. The is insurance is paid by Discover Financial Services, Inc., Derived from its credit card operations. ; Description of Coverage. Keep it in a safe place with ranee documents. This Description of Coverage (Form )DOC) is not a contract of insurance but is simply an ;cement to each eligible individual of the principal ie insurance while in effect. xists between a statement in this Description of any provisions in the Policy, the Policy will govern. -20- Claims administered by: A&H Claims Department, P.O. Box 15701, Wilmington, DE 19850-5701, (800) 551-0824. SECONDARY RENTAL CAR COLLISION COVERAGE PROVIDED TO DISCOVER GOLD CARDMEMBERS DESCRIPTION OF COVERAGE. COVERAGE DESCRIPTION: • Secondary Rental Car Collision Coverage will reimburse You or the Rental Agency for Covered Damages as a result of Collision Damage on an excess basis (over and above any amount due from any other valid and collectible insurance or any other form of reimbursement payable. by those responsible for the loss) on a secondary basis. Covered Damages are. those amounts, up to .$25,000 per incident, on claims for Collision Damage to the Rented Automobile for which You or any authorized driver is legally responsible to the Rental Agency. In no event will We be liable beyond the amounts actually paid by either You or the Rental Agency. Reimbursement will be on an Actual Cash Value basis. • From the amount of reimbursement due, the amount of any valid and collectible insurance, or the sum of $0 (whichever is greater), shall be deducted. DEFINITIONS: • Actual Cash Value means the cost to repair or replace the Rented Automobile at the time of Collision Damage, less depreciation. • Collision Damage means the direct and accidental damage to a Rented Automobile caused by upset or collision with another object. • Eligible Card means the Discover Gold credit card. • Loss of Use means the charges imposed by the Rental Agency, for which You are liable, due to Collision Damage to the Rented Automobile, for the period of time the vehicle is being repaired. • Rental Agency means a commercial automobile rental company licensed under the laws of the applicable jurisdiction. • Rented Automobile means a four-wheeled private passenger-type motor vehicle or a mini-van manufactured and designed to . transport a maximum of eight passengers and used exclusively to carry passengers. It must be designed for travel on public roads and rented from a licensed Rental Agency. • We, Us and Our means Virginia Surety Company, Inc. • You or Your means the eligible Cardholder, hereinafter referred to as Cardmember, his or her spouse, and unmarried children under the age of 19 (or age 23 if a full-time student at an accredited college or university). Spouse includes domestic partner, which means a person designated by and listed as a domestic partner on the account of the primary Cardmember, who is at least 18 years of age, and who during the past 12 months: a) has resided in the same household as the primary Cardmember, and b) has been jointly responsible with the Cardmember for each other's financial obligations. HOW TO GET COVERAGE: • Initiate and pay for the entire rental transaction with Your Eligible Card. If a coupon or voucher of any kind is initially applied toward payment of the Rented Automobile, at least one day of rental must be charged to Your Eligible Card; and - 21 - )n/loss damage waiver offered by the Rental • Loss due to nuclear reaction or radioactive contamination. car in Your own name and sign the rental car • Loss as a result of hail, lightning, flood, earthquake, windstorm, does not apply if You pay for someone else to water, or other weather-related causes. for You to notify Us at the time of rental. /FRED: )1e in the fifty (50) United States of America and is not applicable where precluded by law or in territory terms of the rental agreement or vidual merchants. ,GE: when You pick up the car and ends when You ental Agency. !rage shall not exceed thirty-one (31) consecutive VEHICLE: al vehicles; campers; pickup trucks; minibuses; anted on truck chassis; vehicles manufactured to . ght occupants; vehicles when used to carry, haul, type of cargo or property; off-road vehicles; ces; motorcycles; and motor scooters; antique rrhich means vehicles over 25 years old or any s not been manufactured for 10 years or more); value motor vehicles (those whose retplacement 0,000); limited-edition motor vehiclese c, high-performance or col ype vehicles); >r exotic cars (including Aston Martin, Bentley, er, DeLorean, Excalibur, Ferrari, Jensen, tus, Maserati, Porsche, Rolls Royce or similar i models of BMW, Mercedes-Benz, Cadillac, and rERED: all-inclusive, which means it does not cover such ?l injury, personal liability, or personal property. In foes not cover You for damage to someone else's !rty, Your property or personal property inside the got cover You for any injuryto any party. from any dishonest, fraudulent or criminal act. Dm forgery. rs while You are in violation of the Renta'. ng while intoxicated (as defined by the laws of the re the loss occurred), or under the influence of any ,rescribed by a physician, reckless driving, or due to legal activities. or damage. om hostility of any kind (including declared war, invasion, rebellion, riot, civil commotion, or confiscation by authorities. -22- • Loss resulting from falling objects, fire, theft or larceny, explosion, malicious mischief or vandalism. • Loss or theft of personal belongings. • Loss caused by someone other than You. • Loss due to wear and tear, gradual depreciation, freezing, mechanical or electrical breakdown or failure. • Blowouts and tire damage unless the loss is coincident with a covered loss. • Depreciation, administrative, Loss of Use, or other fees charged by the Rental Agency. • A single rental/contract of more than thirty-one (31) consecutive days. • Back-to-back rentals for more than thirty-one (31) consecutive days (a back-to-back rental is two or more rentals of the same or different vehicles within the same city, with the first ending and next beginning within a 24-hour period). • Leases or mini-leases. • Expenses assumed, waived, or paid by the Rental Agency or its insurer. • Any obligation You assume under any agreement (other than the standard rental car agreement). Loss resulting from an authorized driver's lack of reasonable care in protecting the Rented, Automobile before or after the loss occurs including, but not limited to, mysterious disappearance of .the rental car keys, leaving the rental car running while unattended, etc. • Damage sustained on any road not regularly maintained by a municipal, state, or federal entity. • Loss or damage resulting from use of vehicles unlicensed for road use. • Expenses reimbursed by your insurer, employer, or employer's insurer. • Loss resulting from use of the Rented Automobile in tests,. races, or contests. • Loss resulting from use of the Rented Automobile to carry passengers and property for hire. • Losses occurring in states or countries where prohibited by law. • Losses not reported within the time period provided, as stipulated in the claim procedure. • Coverage will not pay for, or duplicate, the collision/loss damage waiver offered by the Rental Agency. HOW TO FILE A CLAIM: • After Collision Damage-occurs, You must contact the administrator, Aon Innovative Solutions, P.O. Box 220, Golden, CO 80402, so -23- j. rified and a claim form sent to You. You must Damage within 45 days of the incident, or We honor Your claim. yours any damage or loss to the appropriate ve, including the police and Rental Agency. the claim form and attach all appropriate lading a copy of: statement showing the Rental Agency d rental agreement (front and back); and )rt; and n report submitted to the automobile Rental i presented by the Rental Agency for the 3e for which You are responsible; and sion of the loss to and the results of any settle- by the applicable insurance carrier(s); and ;urance is applicable, a notarized statement 3t effect, and mentation We may request. above required documentation to the admin- jays of the incident, or as soon as reasonably n will not be honored. this coverage that You, as often as may be by Us, will submit, and within Your power )mit, to examinations under oath and will cation all writings, books of account, bills, rs, or certified copies thereof, at such reason- as We may designate and will permit extracts o be made. under the Secondary Rental Car Collision ntitled to recover such amounts from other .ny party or person to or for whom We make =er to Us his or her rights to recovery against Jerson. You must do everything necessary to and must do nothing that would jeopardize will be recovered from You. However, We will 2ment against Your personal insurance carrier, =pay Us for any reimbursement, up to the ery from Your personal insurance carrier. ENTS: nce set forth in this section are the maximum law. Actual amounts of insurance may be age: Collision Coverage will reimburse You or the Covered Damages as a result of Collision basis (over and above any amount due from collectible insurance or any other form of Dle Ithose responsible for the loss) except .omle is used outside the United States,. its lions, or when the Eligible Card was issued to -24- You as an employee of an organization which has provide the Eligible card for business use, in which case coverage is primary. Secondary Rental Car Collision Coverage is an insurance program. Reminder: Please refer to the insurance Disclosures section. CDW (2/00) Insurance Disclosures: Secondary Rental Car Collision Coverage is provided under a master policy of insurance issued by Virginia Surety Company, Inc. (herein referred to as Company). All information in this Description of Coverage (DOC) about these benefits is subject to the terms and conditions of the master policy. Coverage under Secondary Rental Car Collision Coverage is effective July 1, 2001. Insurance benefits are provided to Cardmember accountholders (individuals who have an open and active Discover Gold credit card account) free of charge and enrollment is automatic. This DOC replaces all prior DOC's, program descriptions, advertising and/or brochures by any party. We reserve the right to change the benefits and features of all these programs. Discover Financial Services, Inc., or the Company can cancel or choose not to renew the Insurance coverages for all Insureds. If this happens, Discover Financial Services, Inc., will notify the Cardmember accountholder at least 30 days in advance of the expiration of the policy. Such notices need not be given if substantially similar replacement coverage takes effect without interruption and is provided by the same insurer. Insurance benefits will still apply to car rentals commenced prior to the date of such cancellation or non-renewal, provided all other terms and conditions of coverage are met. The insurance benefit applies to you, the Insured, whose cards are issued by U.S. financial institutions. These benefits do not apply if Your Eligible Card privileges have been suspended or cancelled. However, insurance benefits will still apply to car rentals commenced prior to the date that Your Eligible Card account is suspended or cancelled provided all other terms and conditions of coverage are met. All parties are expected to exercise due diligence and prudent judge- ment to avoid or diminish any loss to the property insured under this program. Coverage will be void if, at any time, the Cardmember has concealed or misrepresented any material fact or circumstance concerning this coverage or the subject thereof or the Cardmember's interest herein, or in the case of any fraud or false swearing by the Insured relating thereto. No person or entity other than the Cardmember shall have any legal or equitable right,, remedy, or claim for insurance proceeds and/or damages under or arising out of this coverage. Salvage may be requested by the administrator. If salvage is requested, it must be remitted to the administrator at the Cardmember's expense. Failure to remit requested salvage may result in denial of the claim. No action at law or in equity shall be brought to recover on this coverage prior to the expiration of 60 days after proof of loss has been furnished in accordance with the requirements of this DOC. ID (2/00) -25- i VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unswom falsifications to authorities, that he/she is Rohe-1-1- Adkins (Name) Accounts Manager of Discover Financial Services Inc., servicing agent of the plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Complaint are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR# (? ?(l 5"S zs'? ? ? "? l / ? "( ? '? , ? ? ? ? ?? r 1 c'. s ?, ?. ?r, L} ? T:. ? ? ?? ,, 4 ` 3 -_, E ? ? ? J "?? _?r ? ? ! -r ' ri ?? •i SHERIFF'S RETURN - REGULAR CASE NO: 2005-01781 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS VOIGT JON SCOTT AKA JON VOIGT RICHARD SM , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT & NOTICE was served upon VOIGT JON SCOTT AKA JON DEFENDANT , at 1835:00 HOURS, on the 15th day of April at 7 ROBIN DRIVE CARLISLE, PA 1 by handing to law, 2005 JON VOIGT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 Sworn and Subscribed to before So Answers: is Kline 04/18/2005 WELTMAN WEINBEF By: me this ?--- day of D ty A. D. Prothono'tarr ` f f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JON SCOTT VOIGT a/k/a JON VOIGT Defendant No.05-1781 Civil STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#04155254 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. 05-1781 Civil JON SCOTT VOIGT a/k/a JON VOIGT Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, Jon Scott Voigt, above- named, in the amount of $3,505.22 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $3,105.22 with continuing interest thereon at a rate of 6.0% per annum from date of judgment, plus attorneys' fees in the amount of $500.00 and costs. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, Jon Scott Voigt, in the amount of $3,105.22 plus continuing interest thereon at the rate of 6.0% per annum from date of judgment, plus attorneys' fees in the amount of $500.00 and costs. 3. Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $100.00 due by May 20, 2005; (b) no less than $100.00 per month due on the 20th day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "Discover Bank" 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals this " 20 day of, ?. THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Mblc, Esquire PA I . D. #4743776 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#04155254 .Inn Scott Vnint By: C T 1 } ? I} .. I O ::J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. No. 05-1781 Civil PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) JON SCOTT VOIGT a/k/a JON VOIGT Defendant PENNSYLVANIA STATE EMPLOYEES FEDERAL CREDIT UNION, Garnishee, FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molezan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR404155254 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JON SCOTT VOIGT a/k/a JON VOIGT Defendant PENNSYLVANIA STATE EMPLOYEES FEDERAL CREDIT UNION, Garnishee TO THE PROTHONOTARY: Civil Action No. 05-1781 Civil PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of Dauphin County: 2. against Jon Scott Voigt, Defendant 7'"(1 >>la., C?" :l' Pa 1,7643 3. against Pennsylvania State Employees Federal Credit Union, Garnishee 4. Judgment Amount Less payments of Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): 3,105.22 ¢? QGS. 2.L T 200.00 $ 61.99 $ 96.20 $ 3,063.41 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. MolczanX , Esqui PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR404155254 hV (M1 V` vh\^ ? -Z V Yl W ? „? R3 -; C) to -- v1 cs ? cs C C C O ? c-2 ? c D ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1781 Civil CIVIL ACTION - LAW TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From JON SCOTT VOIGT A/K/A JON VOIGT, 7 ROBIN DRIVE, 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, GARNISHEE GARNISHEE(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 $2,905.22 Interest $61.99 Attys Comm % Any Paid $114.20 Plaintiff Paid Date: SEPTEMBER 21, 2005 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs $96 * 20 CURTIS R. LONG Prothonotary By: 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 ID No. 47437 11 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CIVIL DIVISION ANIA DISCOVER BANK Plaintiff vs. No. 05-1781-CIVIL PRAECIPE FOR WRIT OF EXECUTION JON SCOTT VOIGT 7 206in row, r (BANK ATTACHMENT ONLY) ?u r'IC.6 PA 17o r3 Defendant PENNSYLVANIA STATE EMPLOYEES CREDIT UNION:, 1 Credit Union Place H63. PA 1?I 0!0" 7013 Garnishee, FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molezan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04155254 - ti,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 05-1781-CIVIL JON SCOTT VOIGT , 7 Robin Dr. Cox1 fsl- , PA 1013 Defendant PENNSYLVANIA STATE EMPLOYEES CREDIT UNION:, 1 Credit Union Nee. Hfxl, PA /7 lo` -'7ol.5 Garnishee TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... I . directed to the Sheriff of CUMBERLAND County: 2. against JON SCOTT VOIGT, Defendant 3. against PENNSYLVANIA STATE EMPLOYEES CREDIT UNION: , Garn ishee 4. Judgment Amount $ 3505.22 Less payments of 2100.00 Interest $ 435.29 Costs $ SUBTOTAL: $ 1840.51 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: William . Molczan, E uire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04155254 .' {° W W C? ; C) R' G1 Z,7 . 00 -4 M M co jjMl W W WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1781 Civil CIVIL ACTION - LAW TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From JON SCOTT VOIGT, 7 Robin Drive, 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 GARNISHEE(S) as follows: PENNSYLANIA STATE EMPLOYEES CREDIT UNION, 1 Credit Union Place, Harrisburg, PA 17106-7013 and to notify the garnishee(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 $1,405.22 Interest -- $435.29 Atty's Comm % Atty Paid $135.70 Plaintiff Paid Date: 2/12/08 L.L. Due Prothy $2.00 Other Costs Curt' . Long, Proth r (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 By: Deputy Supreme Court ID No. 47437 I, ON .. F D-OFICE OOF THE NOTARY 2010 DE Pty 3: 49 OF T?IEFIL PROTHONOTARY 2010 OEC 15 PH 2: 3 9 CUI-l tKLAN't), OUthf Y CUMSEPALARD COUNT P£NINISYLVANIA PE?rN,NSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 05-1781-CIVIL vs. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) JON SCOTT VOIGT Defendant SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, Garnishee, ?? ???/ SU ? Llrfx h '?` '?- 70 C g G 4 -2-1 9- 610 v 1-1 -5-0 FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#4155254 pro y5wgq IV ?# asa yyy Lvo Ml 4v&dot?- lsAzoi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 05-1781-CIVIL JON SCOTT VOIGT Defendant SUSQUEHANNA VALLEY FEDERAL CREDIT UNION, Garnishee TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against Jon Scott Voigt, 7 Robin Dr, Carlisle, PA 17013, Defendant 3. against Susquehanna Valley Federal Credit Union, 3850 Hartzdale Dr., Camp Hill, PA 17011 , Garnishee 4. Judgment Amount $ 3,505.22 - l 3 ?•4? Less payments of $ 2,168.30 Interest $ 788.79 Costs SUBTOTAL: Costs (to be added by Prothonotary): $ 2,125.71 WELTMAN, WJ?J?RG & REIS CO., L.P.A. Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 1:5219 (412) 434-7955 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1781 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK Plaintiff (s) From JON SCOTT VOIGHT AT 7 ROBIN DRIVE 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 SUSQUEHANNA VALLEY FEDERAL CREDIT UNION AT 3850 HARTZDALE DR., CAMP HILL, PA 17011 GARNISHEE(S) as follows: and to notify the garnishee(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 $1,336.92 Interest $788.79 Atty's Comm % Atty Paid $160,70 Plaintiff Paid Date: 12/15/10 (Seal), REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE L.L. Due Prothy $2.00 Other Costs TO BE ADDED kid ?-- 64A David D. Buell, Prothonotary By: , al M11=130 Deputy Address: WELTMAN, WEINBERG & REIS CO., L.P.A 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLANTIFF Telephone: 412-434-7955 Supreme Court ID No. 90963 SHERIFF'S OFFICE OF CUMBERLAND COUNTY pf Ronny R Anderson THE Sheriff+,+r+dr 2011,BAH -1 P !?: 4: Jody S Smith ` Chief Deputy - o E ?Richard W Stewart cUMBERLAIiU ?,Lh., N j PEHNSYLji'iNi Solicitor Discover Bank Case Number vs. 2005-1781 Jon Scott Voight SHERIFF'S RETURN OF SERVICE 01/05/2011 01:51 PM - Gerald N. Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2011 at 1351 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jon Scott Voight, in the hands, possession, or control of the within named garnishee, Susquehanna Valley Federal Credit Union, 3850 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Patricia Shaffer, Secretary, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on January 6, 2011 to Jon Scott Voight at 7 Robir Drive, Carlisle, PA 17013. SO ANSWERS, &--Z W"Z' 21? January 06, 2011 RON R ANDERSON, SHERIFF d ald N. Wort ngton, Deputy CCln?tyS'AC S.. - ff. fee """-tt. L •_. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire Attorney for Plaintiff(s) I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 4155254 DISCOVER BANK Cumberland County Court of Common Pleas M - vs. , _,..M - cJ s ?? i :? :M ?- JON SCOTT VOIGT 7". ' NO. 05-1781-CIVIL and SUSQUEHANNA VALLEY FCU ? ! Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), SUSQUEHANNA VALLEY FCU, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By JE A C Warmbrodt, Esquire ey for Plaintiff Sworn to and subscribed Before me the day of February, 2011 OTARY PUBLIC COMMONWEAL NNSYLVANIA Notarial Sol Sheila G. Bevan, Notary Public Ross TWp., Allegheny County My Commission Expires Nov. 15, 2014 MEMBER, PENNSYLVANIA ASSOQATION OF NOTARIES "/ 7k . e0 /-?*j ?0rikib Pelf Wiz' u s 3,-,)6 pew ??I'?24, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy c: FILED-OFFICE OF THE PROTKONOTAR'f 2011 AUG 23 PM 3: 5 3 Richard W Stewart Solicitor OFF,CF a_ -` -ERIFF CUMBERLAND COUNTY PENNSYLVANIA Discover Bank vs. Jon Scott Voight Case Number 2005-1781 SHERIFF'S RETURN OF SERVICE 01/05/2011 01:51 PM - Gerald N. Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2011 at 1351 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jon Scott Voight, in the hands, possession, or control of the within named garnishee, Susquehanna Valley Federal Credit Union, 3850 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Patricia Shaffer, Secretary, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on January 6, 2011 to Jon Scott Voight at 7 Robin Drive, Carlisle, PA 17013. 08/22/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $84.29 SO ANSWERS, August 22, 2011 RON R ANDERSON, SHERIFF (ci CountySuite Sheiitf. Te,ecsoft htc.