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HomeMy WebLinkAbout05-5178IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JAMES K. MUKORA Defendant No. 0 S- 151 'r? C 1 U I C, I t. COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT, ESQUIRE PA I.D.#42524 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04251.921. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 0 S - S"/7(? G v t,('-? JAMES K. MUKORA Defendant COMPLAINT IN CIVIL ACTION 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 Drive, Hilliard, OH 43026. 2. Defendant is an adult individual residing at 4706 Delbrook Road, Mechanicsburg, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011001410631073. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of September 13, 2005, in the amount of $3,098.17. 5. Defendant is in default of the terms of the Cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. A true and correct copy of Plaintiff s Cardholder Agreement is attached as Exhibit "B". 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiffs 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 principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, James K. Mukora individually, in the amount of $3,098.17 with interest at the legal interest rate of 6% per annum from date of judgment plus attorneys" fees of $500.00, and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. JAM e-. WNARWBRODT, ESQUIRE PA I. . 42524 Wet na , Weinberg & Reis Co., L.P.A. 27 K ppers Bldg. 4 S enth Avenue P tts urgh, PA 1.521.9 4 ) 434-7955 W WR4:04251921 DISCOVER new balance $0.00 minimum payment due $587.00 account number 6011001410631073 enter amount en a;1 below C,? payment due date $ December 29, 2004 30 SDSN6A01 0008199 JAMES MUKORA FREE Additional Cards for your Account $ 182 allow you to share your credit line without sharinggyour Card. Call t-800-DISCOVER 3863 UNION DEPOSIT RD or visit Discovercard.com/AddidonalCards to HARRISBURG PA 17109-5947 learn more. PO BOX 15251 {{{rrr{{rrrrr{{r{{rrr{rrr{{ WILMINGTON DE 19886-52511f Address or telephone change? Please print change in the space above. {ru{{{i{u{u{i{u{n{{w{,{m{i{r{r{un{tiff{uu{{{1{n{ or go to Discovercard.com. 000006011001410631073000000000000000058700 Discover Gold Card Account Summary Closing Date: November 30, 2004 page i of 2 previous balance $3,098.17 account number 6011 0014 1063 1073 payments and credits - 3,098.17 payment due date December 29, 2004 purchases + 0.00 minimum payment due $587.00 cash advances + 0.00 credit limit $5,000.00 credit available $1,901.00 balance transfers + 0.00 cash credit limit $2,500.00 FINANCE CHARGES + 0.00 cash credit available $0.00 new balance = $0.00 Di r Gold Rewards this period to date scove n ^ a Qualified Purchases Gold Rewards Earned $0.00 $0.00 $0.00 ,v,?(< J, U Gold Rewards anniversary date: September 20 . Rewards Transactions trans. post date date Payments and Credits Nov 30 Nov 30 INTERNAL CHARGE-OFF $ -3,098.17 Nominal ANNUAL Transaction Average Daily ANNUAL Periodic Fee Dairy Perrodic PERCENTAGE PERCENTAGE FINANCE FINANCE Eatances Rates RATES RATES CHARGES CHARGES current billing period: 10 days Purchases $0 0.05203% 18.99% F 18.99% $0 none Cash Advances $0 0.05751% 20.99% F 20.99% $0 $0 The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Questions? Call 1-608-DISCOVER (1-860-347-2683) or log on to Discovem2rd.com. For TDD (Telecommunication Device for 193 VL t( GOLD IMPORTANT INFORMATION ABOUT YOUR ACCOUNT 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 g't 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 .... . -. ..- •. ,, ................... ..........SEEPAGESI7-18 DESCRIPTION OF COVERAGE il. B??' The terms and conditions of the Scheduled Air Travel 'I ? Accident Insurance and the Secondary Rental Car ' Collision Coverage that is provided at no charge to I . vr)i, when you use vour Card to purchase airline F:. 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 Authorized Users .............................. 3 Unauthorized Use ....... ..:................... 3 i Credit Limit-Available Credit.. .................... 3 I Promise to Pay ......................:......... 3 j Monthly Billing Statement ....................... 4 Monthly Payment Options ....................... 4 Minimum Monthly Payment ..................... 4 i Credit Balances ................................ 5 Balance Transfers ............... 5 Finance Charges ................................ 5 Periodic Finance Charges ........................ 5 Default Rate Plan. ............................ 7 I Cash Advance Transaction Fee Finance Charges ...... 8 j Balance Transfer Transaction Fee Finance Charges .... 8 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 under this Agreement ("Prohibited Transactions"). Prior to its use, each 'ERMS. The word "Account" means your Discover Gold Card must be signed by the person to whom it is issued. We are not The word "Card" means any one or more Discover Gold responsible for the refusal of anyone to accept or honor a Card or to :o you or someone else with your authorization. The accept checks that we have provided you. You must return any Card or "your", or "yours" refer to, in addition to you, the unused checks to us upon request. any other person or persons who are also contractually if a merchant fails to provide your purchase to your satisfaction and, at its Agreement. The words "we", "us" and "our" refer to your request, we issue a credit to your Account, you will be deemed to , the issuer of your Discover Gold Card. The words have assigned to us your claim against the merchant and/or any third ser" mean any person whom you authorize to use your party for the credited amount. Upon our request, you agree to provide :ard, whether you notify us or not The words "Pricing us with written evidence of such assignment 3n the document accompanying your Card and listing Your rights and responsibilities under the Fair Credit Billing Act harge rates that apply to your. Account The Pricing described in the billing rights summary on pages 16-17 and on the back I of this Agreement of your monthly billing statement apply only to credit card )F AGREEMENT. The use of your Account or a Card by transactions. This special rule for credit card transactions does not thorized User, or your failure to cancel your Account apply to purchases made with a balance transfer check or cash after receiving a Card, means you accept this Agree- advance: Therefore, if you have a problem with the quality of goods or g the Arbitration of Disputes provision on page 11. Your services that you purchased with a balance transfer check, cash ,elect the Arbitration of Disputes section by providing advance check or the proceeds of a cash advance, you do not have the rejection within 30 days after receiving a Card, at the. , right to withhold payment of the amount due. -ess: Discover Card, P.O, Box 30938, Salt Lake City, UT you were previously subject to arbitration with respect + 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 this right to reject arbitration will not apply to you in the Account has been reopened or replacement Cards , writing or by telephone and = any Card in that person`s Your rejection notice must include your name, address, l possession. None of your rights Agreement (other than to is pay amounts owed) may be exercised by any person not a party to this fiber, Account number and signature and must not be other correspondence. Calling us to indicate that you Agreement acting pursuant to a power of attorney, without our separate written agreement (which we are not obligated to give). :ration of Disputes section or sending a rejection notice x format that does not comply with all applicable ; UNAUTHORIZED USE. If a Card is losf or stolen, or if you think that insufficient notice. In order to process your notice, we notice be provided by you directly and not through a someone is using your Account or a Card without your permission, notify us immediately. You can notify us by telephoning 1-800- ection of arbitration will not affect your other rights or under this Agreement or your obligation to arbitrate DISCOVER (1-500-347-2683), or by writing DISCOVER GOLD CARD, PO Box 15156, Wilmington, DE 19886-1002. You agree to assist us in any other account as to which you and we have agreed determining the pacts relating to any theft or possible unauthorized )utes. If you do not send a rejection notice, you will be use of your Account or a Card and to comply with such procedures as I ae Arbitration of Disputes section with respect to this we may require in connection with our investigation. If our records account you have had with us, even if you have indicate that you have enrolled in an automatic billing arrangement, a rejection notice with respect to that prior account such as a monthly gym membership, we will attempt to provide your ACCOUNT. Your Account may be used for. new Account number to that merchant. However, if you no longer wish to continue the automatic billing arrangement, you must contact purchase or lease goods*or services from participating the merchant directly. presenting your Card or Account number. CREDIT UMITAVAILABLE CREDIT. We will advise you of your Account es - to obtain cash advances from participating credit limit We may impose. a lower limit that will apply to cash Iler machines, financial institutions or other locations, advances, referred to as the cash advance credit limit. You agree not to f checks which we may furnish to you, all in accordance d from os b im di i i l d i allow your unpaid balance, including Finance Charges and fees, to d A di li i f e e p ons as may con t terms an t ona excee your ccount cre t m t. i you exceed your Account credit limit, we may request immediate payment of the amount by which you ers - to transfer balances from other creditors or to exceed your Account credit limit ansactions by means of balance transfer coupons or We may increase or decrease your Account credit limit or your cash >rdance with such additional terms and conditions as advance credit limit without notice. The credit available for your use :rom time to time. may, from time to time, be less than your Account credit limit For r Account may be used to guarantee reservations at purposes of determining your available credit, we reserve the right to tablishments. You will be liable for guaranteed postpone for up to 15 business days reducing your unpaid balances by I are not cancelled prior to the time specified by the the amount of any payment that we receive. Your available credit will not be increased by the amount of any credit balance. nay be used for personal, family, household and' PROMISE TO PAY. You agree to pay us in U.S. Dollars for all purchases, ses. Your Account may not be used to obtain loans to cash advances and balance transfers including applicable Finance i t. . >r trade in securities, or to pay any amount you owe -2- >ther charges or fees, incurred by you or anyone you armit to use your Account or a Card, even if you do not )thers are using your Account or a Card. We will convert cash advances made in a foreign currency to U.S. Dollars )g on the date of conversion. If you pay us in other than re may refuse to accept the payment or charge your Dst 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 4 balance transfer check or coupon, or any other )eck drawn on any Discover Bank credit card account to s on your Account. it is a joint Account, each of you agrees to be liable d jointly for the entire amount owed on your Account. late payments or partial payments or checks and money d "payment in full" or with any other restrictive Nithout losing any of our rights under this Agreement JNG STATEMENT. Unless we waive our right to do so, we a billing statement after each monthly billing period in. ie a debit or credit balance. The. billing statement will uses, cash advances, balance transfers, Finance Charges rges or fees and all payments or other credits posted to During the billing period. It will show your New Balance, rent Due and Payment Due Date. !MENT OPTIONS. You may at any time pay the entire shown on your billing statement, but each month you last the Minimum Payment Due. All payments must be lance with the terms, including the payment cutoff time, it monthly billing statement, and we will credit your :ordance with those terms. In addition, we reserve the ge those terms without prior notice. We will apply credits to the New Balance shown on your current int in order of the Annual Percentage Rate applicable to each transaction category (as referenced in the Periodic es Section), from lowest to highest beginning with the t to the lowest Annual Percentage Rate. We then apply credits to any new transactions using the same method. lave the right to apply payments and credits to balances .nnual Percentage Rates prior to balances with lower stage Rates, such as when there are two initial special le to your Account and the lower Annual Percentage e before the higher Annual Percentage Rate. )NTHLY PAYMENT. The Minimum Payment Due each the sum of any amount past due and the minimum ent The minimum monthly payment each month.will be $10.00 or 1/50th of the New Balance, rounded to the hole dollar amount If any ANNUAL PERCENTAGE RATE your. Account is greater than 22.99%, your minimum lent will be the greater of $10 or 1/45th of the New led to the next higher whole dollar amount Regardless Percentage Rates on your Account, if the New Balance .00, the minimum monthly payment will be the amount 3alance. Paying the Minimum Payment Due may be bring your Account balance below your Account credit equently, may not avoid the imposition of the Overlimit charges for each transaction category to get the total Periodic Finance 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 i 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 refer to the finance charge summary on the front of your billing atement for these amounts.) Then we add all the Periodic Finance harges for your Account The Average Daily Balance is shown as zero - 5 - ice Charges ;apply to the balance in a transaction -cycle average daily balance (including new od of calculating the balance upon which we .ante Charges. This means if you did not pay the i on the bil ing statement you received during the riod by the Payment Due Date; we will impose 3rges on new purchases that first appeared on that is well as new purchases that first appear on the ment, unless we already imposed Periodic Finance ,rchases on your previous billing statement. We ge daily balance for each transaction category by laity balances in a billing period. for a..transaction ng the total by the number of days in the.bilfing the daily balance for each transaction category on :riding the following to the previous day's daily ns made that day, fees charged that day and arges accrued on the previous day's daily balance; cting any credits and payments that are applied .e of the transaction category on that day. In ly balance for the previous billing period, we )us day's daily balance" to have been zero on the )g period. e transfers and Balance Transfer Transaction Fee e included in the daily balance of the balance category. Balance transfers that were subject to an )at has been terminated due to a late payment or anding Account balance exceeded your Account ncluded in this category until the initial special rate ve expired. In.calculating the daily balance of the insaction category on the first day of the billing t the unpaid balance of those Balance Transfer 3nce Charges and balance transfers that become ce transfers on that day and we add that unpaid ue of the purchase transaction category. our Account are added to the purchase transaction xception of Cash Advance Transaction Fee Finance dried to the cash advance transaction category and nsaction Fee Finance Charges which are added to transaction category. If a transaction is posted to he close of the billing period in which it occurs, we action as.having occurred on the first day of the ch it is posted to your Account. fate and corresponding Annual Percentage Rate transaction category is either a fixed rate or a forth in your Pricing Schedule. The Daily Periodic .he corresponding Annual Percentage :Rate. The ventage Rate for a transaction category is- deter- )ecified number of percentage points to the Prime on the Pricing Schedule as "Prime + (percentage >s of this Agreement, the Prime Rate is the highest as the "prime rate" in the money rates section of rnal on the last business day of the month. The 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 fumished 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 Annual Percentage Rate for purchases will apply to your balance of balance transfers and purchases as 'Well as bny 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 date for purchases is less than 19.99%, then the PERCENTAGE RATE for purchases will be increased Periodic Rate of .05477%}. JNUAL PERCENTAGE RATE for purchases is less than g the current and immediately preceding eleven i either failed three times to make a required or exceeded. your Account credit limit three times of a billing period, then the. standard ANNUAL for purchases and for cash advances will be ?o (a Daily Periodic Rate of .06847%). "RANSACTION FEE FINANCE CHARGES. We will Advance Transaction Fee Finance Charge-of 3% of :h new cash advance. There is a minimum Cash n Fee FINANCE CHARGE of $5.00 and no maximum saction Fee FINANCE CHARGE. The imposition of action Fee Finance Charges may result in an Annual ,r cash advances that is higher than the nominal Rate. All forms of cash advances, including the use .d checks, regardless of the purpose for which used, h Advance Transaction Fee Finance Charges. To nance Charge on cash advances for each billing Cash Advance Transaction Fee Finance Charges for harged under this Section to any Periodic Finance ender the Periodic Finance Charges Section for the ction category. R TRANSACTION FEE FINANCE CHARGES. If the er you receive contains a Balance Transfer Trans- Charge, we will charge you a Balance Transfer ante Charge for the amount of each balance ler that offer. if there is a Balance Transfer ante Charge in conjunction with the offer you pplied for an Account, it will be in the amount set I Schedule: The imposition of Balance Transfer nce Charges may result in an Annual Percentage msfers that is- higher than the nominal Annual obtain the total Finance Charge on balance Iling period, we add any Balance Transfer.Trans- Charges calculated under the Periodic Finance he balance transfer transaction category. =HARGE. We-will charge you a minimum FINANCE ny billingperiod in which some FINANCE CHARGE. ild otherwise be imposed. :E. We will charge you a ,Returned Check Fee of pay us with a' check that is returned unpaid. This a debit transaction to a deposit account from iorized :us in writing, electronically or orally to II or a part of an amount you owe us under this ?d unpaid.:We will charge you this fee the first is returned unpaid, even if it is paid upon 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.D0 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 greaterthan $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 they 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 greater than $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 of 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 attorne or employ an attorney to represent us with regard to recovery of money that you owe us, we may charge you reasonable. att orneys' 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 -a- -9- your Account is a joint Account; each of you may ?t. We may cancel or suspend your Account at any ce. We -may choose not to renew your Account Btion date shown on the face of a Card) without ,ct the privacy of information about you and your ,acy Policy' includes a summary of the personal Ilect, when it may be shared with others, how we identiality and security of information and the steps imit our sharing of such information with others. ully as it is part of your Cardmember Agreement As )rivacy Policy, we may report to credit reporting r creditors the status and payment history of your negative credit information. We normally report to ng agencies each month. If you believe that our wnt status is inaccurate or incomplete, please write address: Discover Card, PO Box 15316, Wilmington ?ase include your name, address, home telephone int number. to time review your credit, employment and income )nel may listen to or record telephone calls between -sentatives in order to evaluate the quality of our imembers without notice to you. We may use any 3 but not limited. to mail, live telephone calls, me equipment, prerecorded telephone calls, and e- w about your Account or offer you products or ,e of value to you. If you prefer not to be contacted these ways, call us at 1-800-225-5202 or write to us '.0. Box 30961, Salt Lake City, UT 84130-0961. We :thods by which you can obtain information about will only release such information to you, any iat our records indicate is an authorized buyer on any other person with your prior permission, in ided in our Privacy Policy or as required by law. Our cannot insure against unauthorized inquiries. You not be responsible for the release of information to if without your authorization or permission; has i of a Card or has learned other identifying it you such as your personal identification number, r social security number. 4UNICATIONS. We may offer you the opportunity to ices from us electronically rather than through the onthly billing statements and - change of terms s and conditions for receiving these electronic ill be described in the offer. '-AT1ONS. Certain transactions will require our to completion of the transaction. In some cases, o provide identification. If our authorization system may not be able to authorize a transaction. We will i if any of these events happen. 45. We may change any term or part of this ing- any finance charge rate, fee or method of glance upon which the finance charge rate is iy new term or part to this Agreement by sending rctronically delivered notice at least 15 days before -10- F ii r s s 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 1-800-4742371). 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 -11- sible for paying those fees. In no event will you be >e us for any arbitration filing, administrative, or r,ount greater than what your and our. combined ve been if the claim had beer resolved in a state i. In no event will you be required to pay any', ees us in connection with an arbitration proceeding ment is prohibited by law. ing will take place in the federal judicial district )e arbitrator shall follow applicable substantive zsistent with the FAA and applicable statutes of honor claims of privilege recognized at law. If y, the arbitrator shall write an opinion containing ward. The arbitrator's decision will be final and I y appeal rights under the FAA and except that if ferry exceeds $100,000.00, any party may appeal ays to a three-arbitrator panel which shall review A ie costs of such an appeal shall be borne by the aless of outcome. Judgment upon any award by F enforced in any court having jurisdiction. :ions under this arbitration provision shall inure d be binding upon our parent corporations, including, without limitation, Discover Financial ssors, successors, assigns, as well as the officers, ?s of each of these entities, and will also inure to i party named as a co-defendant with us or with in a claim which is subject. to this arbitration end obligations under this arbitration provision ?hefit of and be binding upon all persons t ier this Agreement and all Authorized Users of ation provision shall survive termination of your Dluntary payment in full by you, any legal )Iiect a debt owed by you, any bankruptcy by = )f your Account. CREST RATE LIMITATIONS. We intend that this with applicable interest rate limitations. You Day Finance Charges or other charges at a rate naximum amount permitted by lave. if it is ever but for this Section, the Finance Charges or its Agreement would exceed the maximum ice Charges and other charges will be reduced amount.-An excess amount that you have' I d to reduce the outstanding balance of your ended to you by,means of a check ire our 3reement 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 Vice President -12- 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 anc your Account. We want to assure you that we have taken steps, anc will continue to take steps, to safeguard that information. This Privacy Policy- describes our efforts to meet these objectives, h 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 service 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 tb' 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. .ormation with Our Corporate family rgan Stanley family of companies. Our corporate 5nety of products and services that can help you 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 ies include financial service providers that offer vices, securities and asset management services, ities and mutual funds, and may include non riders in the future as our corporate family information with Non-Affiliated Parties for s ormation we collect about you, as described in -affiliated third parties, including those that Card, in order to provide you with access to offered directly by these companies that may i. These companies include financial service trance companies, and non-financial companies, formation with Others ormation we collect about you, as described in nies that perform support or marketing services mailing, market research and data processing; utions with which we have joint marketing anies that are our partners for cobrand credit eward programs. We may also share such tied by law. :t The Confidentiality, Security And Integrity Of L You?' al, electronic and- procedural safeguards to tion' we " collect about you. Access to such ed to individuals who need it in order to service ,ide. products and services to you, and. who are handling of such information. Employees who- ?entiality requirements are subject' to our Vhere third parties provide-support services, we. Drm to our privacy standards. the information we maintain about you is e. If you see information in your monthly billing here which suggests that our information is ate, please write to us at Discover Card, P.O. Box i, UT 84130-0943 so that we can update this Sharing Of Information About You.? icy and offer you choices as to whether we may out you with others. If you prefer that we not we tolled about you, as described in Section 1, )ird 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'prgducts. and services offered in connection with those:-cards, including 'T'e' 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 unless you call us at 1-800-DISCOVER and authorize us Your Billing Rights CIS NOTICE FOR FUTURE USE ns important information about your rights and our ider the Fair Credit Billing Act, se or Errors or Questions About Your Bill bill is wrong, or if you need more information about ,our bill, write us on a separate. sheet of paper at the your bill for Notice- of Billing Errors. Write to us as Ve must hear from you no later than 60 days after we Al on which the error or problem appeared. You can doing so will not preserve your rights, us the following information: 4ccount number. int of the suspected error. ,r and explain, if you can, why you believe there is an d more information, describe the item you are not sized us to pay your credit card bill automatically or checking -account, -you can stop the payment on link is wrong. To stop the payment, your letter must >usiness days before the automatic payment is Our Responsibilities After We Receive Your Written edge your letter within 30 days, unless we have by then. Within 90 days, we must either correct the y we believe the bill was correct )ur letter, we cannot try to collect any amount you you.as delinquent We can continue to bill you for estion,.including finance. charges, and we can apply against your Account credit limit You do not have ed amount while we are investigating, but you gre- y the parts of your. bill that are not in question. jade a mistake.on your bill, you will not have to pay > related to any questioned amount. If we didn't i may have to pay the finance charges, and you will iy missed payments on the questioned amount In ;end you a statement of the amount you owe and ae. e amount that we think you owe, we may report However, if our explanation does not satisfy you :hin ten days telling us that you still refuse to pay, we report you to that you have a question about ust tell you the name of anyone we reported you -16- to. We must tell anyone we report you to that the matter has been. settled between us when tfinally 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 purchased with a credit card, and you tried in good faith to. correct the problem with the merchant, you may have the right not to pay the remaining amount due on the goods or services. There are two limitations on this right: (a) you must have made. the purchase in your home state.or,'if not within your home state, within .100 miles of your current mailing address, and (b) the purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the goods or services. DISCOVER® GOLD REWARDS TERMS AND CONDITIONS The Discover10 Gold Rewards Terms and Conditions constitute a separate and independent agreement from the Cardmember Agree- ment and apply to Accounts that participate in the Discover Gold Rewards program. However, these Terms and Conditions are subject to the Arbitration of Dispute Section of the Cardmember Agreement, which is incorporated herein. 1. The Gold Rewards award is an amount denominated in dollars and cents which may be.earned by Cardmembers by using their Discover' Gold Card for qualified purchases. A Gold Rewards award is not earned for Prohibited Transactions (as defined in the Cardmember Agreement), cash advances, balance transfers or partial completion of an award level as of. the end of an anniversary year. 2. Gold Rewards payments are calculated based on the award level reached. The award level reached is based on the amount of purchases made during an annual period corresponding to the Cardmember's anniversary year. The first anniversary year begins on the date the Card is issued and ends on the last day of the twelfth monthly billing period which follows. Each successive anniversary year is the approximate one- year period comprised of the next twelve monthly billing periods. 3. 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 up to and including $6,000 in total purchases, then $10 for each $21,000 in purchases over $6,000 subject to a maximum Gold Rewards award of $500 per Account for each anniversary year. The Cardmerber will not receive a prorated Gold Rewards award for partial completion of any award level. The earned amount of the Gold Rewards award will be paid as described below provided the conditions contained in paragraph.4 below are met. The calculation begins again with the. beginning of each anniversary year. The Cardmember's monthly billing statement will show the total purchases through the date of the statement for the current anniversary year which are subject to the Gold Rewards -17- yctual payment, the purchases on which a Gold iculated may be audited for compliance with these -ds award vests and is paid shortly after each those Cardmembers in good standing on the )d at the time of the payment To be in good iember may not be in default (as defined in the rent) and the Cardmember may not have used any Prohibited Transactions within the past an Account is closed for any reason prior to the ? Gold Rewards award earned by the Cardmember .nary date will. be forfeited: Cardmembers who are ne of the payment may, at the option of Discover- er Gold Rewards award applied as a credit to their award is paid to qualifying Cardmembers either to the Account or by a check that is mailed to the ever Gold Card's sole discretion. The exact method 'd 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 ant). It is the Cardmember's responsibility to notify in the event a Gold Rewards payment is not .on. J is lost or stolen, the earned amount of the Gold )e amount of qualifying purchases and the n the old Account will be transferred to the new i reserves the right to make other ad)'ustments to its earned based on Account activity (e.g., a credit nnection with a prior purchase may result in a I Rewards award). :onditions are subject to change without notice. de during a Cardmember's anniversary year, and iot limited to, modifying the amount of purchases >r the various award levels, changing the types of stitute a purchase, changing the amount of Gold ned on certain types of purchases, imposing > or terminating the program. RIPTION OF COVERAGE AVEL ACCIDENT INSURANCE. Discover' Gold wided with up to $250,000 Scheduled Air Travel Whenever you use your Discover Gold Card (the rge your entire Common Carrier Fare Ticket on aft operated by a Scheduled Air Carrier under a :)ontation of passengers for hire (herein called er), you automatically receive this valuable onal cost Policy providing your coverage are governed >f a state other than Florida. itten by National Union Fire Insurance Company e "Insurance Company"), with offices in New tations and exclusions apply. -18- 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 Polity. 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- i t. .. t. r z , ing class of those that follow: (1) your spouse; (2) your parents; or (4) your brothers and sisters. If no Dr, the beneficiary is your estate. You may_change )y writing to the Insurance Company at: Accident & 500 West Madison Street, Suite 2250, Chicago, IL IRE. Claim forms may be obtained through the Bny. Claims for benefits must be filed with the ny within 90'days or as soon as reasonably possible u rs. ,NCE COVERAGE, You, as a Cardmember, and your en will be covered against injuries that result in an while as a passenger in or on, including getting in Dr off of, any Scheduled Air Carrier if the Common 't for the flight was charged to your credit card. is 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 III Common Carrier Fare Ticket is charged to the ctive when you board the Scheduled Air Carrier, I Common Carrier Fare Ticket is purchased, or the ?n is made for the companion tickets, prior to heduled Air Carrier. Coverage ends when you alight fed Air Carrier. nefits are not payable if the loss is caused by or elf-inflicted injury or suicide; 2) sickness, disease, or y or bodily infirmity whether directly or indirectly; any kind regardless of how contracted, except )ns that are directly caused by botulism, ptomaine accidental cut or wound independent and in the underlying sickness, disease or condition including o diabetes; 4) committing or attempting to commit or act of war, declared or undeclared; or (6) travel i any vehicle used for aerial navigation, as a pilot, i member, nefits will only be payable under one Cardmember edit card under which the Common Carrier Fare' y charged. payable for losses due to injury sustained while on a tickets were purchased with a frequent flyer voucher. sions pertaining to this plan of insurance are cy #9029072 issued by National Union Fire Insurance ?sburgh, PA with offices in New York, NY. The insurance is paid by Discover Financial Services, Inc., ?rived from its credit card operations. Description of Coverage. Keep it in a safe place with Brice documents. This Description of Coverage (Form )OC) is not a contract of insurance but is simply an ement to each eligible individual of the principal insurance while in effect. sts between a statement in this Description of iy provisions in the Policy, the Policy will govern. -20- Claims administered by: A&N 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 meads 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. NOW 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 - t" L ,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 f h 'I I' h fl d h d ' Joes not apply if You pay for someone else to or you to notify Us at the time of rental. EKED: le 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 ridual merchants. s E: ?rhen you pick up the car and ends when You ntal Agency. rage shall not exceed thirty-one (31) consecutive JEHICLE: 31 vehicles; campers; pickup trucks; minibuses; nted on truck- chassis; vehicles manufactured to . ;ht occupants; vehicles when used to carry, haul, type of cargo or property; off-road vehicles; es; motorcycles; and motor scooters; antique ,hich means vehicles over 25 years old or any not been manufactured for 10 years or more); -alue motor vehicles (those whose replacement ,000); limited-edition motor vehicles (which are :, high-performance or collector-type vehicles); . exotic cars (including Aston Martin, Bentley, ,r, DeLorean, Excalibur, Ferrari, Jensen, us, models sof BMW, Porsche, Cadillac, similar .RED: II-inclusive, which means it does not cover such injury, personal liability, or personal property. In >es not cover You for e to someone inside else's the ty, Your property o personal it cover You for any injury to any party. om any dishonest, fraudulent or criminal act. n forgery. ; while You are in violation of the Rental g while intoxicated (as defined bythe laws of the the loss occurred), or under the influence of any escribed by a physician, reckless driving, or due to gal activities. r damage. -m hostility of any kind (including declared war, invasion, rebellion, riot, civil commotion, or onfiscation by authorities. -22- • Loss as a result o ai , 1g tning, oo , ea, quake, win storm, water, or other weather-related causes. • 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- •ified and a claim form sent to You. You must You as an employee of an organization which has provide the Damage within 45 days of the incident, or We " .; .- Eligible card for business use, in which case coverage is primary . Donor Your claim. 14 Secondary Rental Car Collision Coverage is an insurance program. curs any damage or loss to the appropriate Reminder. Please refer to the Insurance Disclosures section. ,e, including the police and Rental Agency. z, CDW (2/00) the claim form and attach all appropriate ading a copy of: Insurance Disclosures: statement showing the Rental Agency Secondary Rental Car Collision Coverage is provided under a master I policy of insurance issued by Virginia Surety Company, inc. (herein rental agreement (front and back); and referred to as Company). All information in this Description of Coverage (DOC) about these benefits is subject to the terms and -t; and conditions of the master policy. i report submitted to the automobile Rental Coverage under Secondary Rental Car Collision Coverage is effective ` j July 1, 2001. Insurance benefits are provided to Cardmember i presented by the Rental Agency for the accountholders (individuals who have an open and active Discover e for which You are responsible; and Gold credit card account) free of charge and enrollment is .ion of the loss to and the results of any settle- ?y the applicable insurance carrier(s); and 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. trance is applicable, a notarized statement Discover Financial Services, Inc., or the Company can cancel or t effect; and choose not to renew the Insurance coverages for all insureds. If this nentation We may request. happens, Discover Financial Services, Inc., will notify the above required documentation to the admin- Cardmember accountholder at least 30 days in advance of the ays of the incident, or as soon as reasonably expiration of the policy. Such notices need not be given if will not be honored. substantially similar replacement coverage takes effect without :his coverage that You, as often as may be interruption II still apply o ? carrore rentals s coby the same mmenced insurer. to the date of such by Us, will submit, and within Your power cancellation or non-renewal, provided all other terms and I mit, to examinations under oath and will 1 conditions of coverage are met. 3tion all writings, books of account, bills, ;, or certified copies thereof, at such reason- The insurance benefit applies to you, the Insured, whose cards are s We may designate and will permit extracts issued by U.S. financial institutions. These benefits do not apply if be made. Your Eligible Card privileges have been suspended or cancelled. under the Secondary Rental Car Collision However, insurance benefits will still apply to car rentals commenced prior to the date that Your Eligible Card account is suspended or titled to recover such amounts from other cancelled provided all other terms and conditions of coverage are f iy party or person to or for whom We make met. !r to Us his or her rights to recovery against !rson. You must do everything necessary to All parties are expected to exercise due diligence and prudent judge- id must do nothing that would jeopardize ment to avoid or diminish any loss to the property insured under this vill be recovered from You. However, We will program. Coverage will be void if, at any time, the Cardmember has -rent against Your personal insurance carrier, concealed or misrepresented any material fact or circumstance Say Us for any reimbursement, up to the l i f concerning this coverage or the subject thereof or the Ca-rdmember's or in the case of an fraud or false swearin interest herein b the nsurance carrier. rom Your persona ry y , g y NTS: Insured relating thereto. No person or entity other than the Cardmember shall have any legal or equitable right,. remedy, or ce set forth in this section are the maximum claim for insurance proceeds and/or damages under or arising out of law. Actual amounts of insurance may be yl? this coverage. Salvage may be requested by the administrator. If salvage is requested, it must be remitted to the administrator at the -ollision Coverage will reimburse You or the "it Cardmember's expense. Failure to remit requested salvage may :ivered Damages as a result of Collision result in denial of the claim. )asis (over and above any amount due from . No action at law or in equity shall be brought to recover on this oilectible insurance or any other form of . coverage prior to the expiration of 60 days after proof of loss has e by those responsible for the loss) except Jts mobile is used outside the United States : been furnished in accordance with the requirements of this DOC. , Dns, or when the Eligible Card was issued to 1D (2/00) 4 . _ -24- -25 - Verification The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating To unsworn falsifications to authorities, that he/she is Robert Adkins Accounts Manger of Discover Bank, Plaintiff herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. - d'/ -? r -, Signature WWR# 0 Ll2 ?1 ?1 2 Cn w ? s o ? SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05178 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS MUKORA JAMES K R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MUKORA JAMES K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , MUKORA JAMES K 4706 DELBROOK ROAD MECHANICSBURG, PA 17050 OWNS PROPERTY BUT DOES NOT LIVE THERE. DEFENDANT LIVES IN HARRISBURG. Sheriff's Costs: So answers Docketing 18.00 Service 9.60 , Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 42.60 WELTMAN WEINBERG & REIS 10/05/2005 Sworn and subscribed to before me , this ad A, day of ??( S A.D. Proth onot?y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JAMES K. MUKORA Defendant No. 05-5178C I V IL MOTION FOR ALTERNATE SERVICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR No. 04251921 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 05-5178CIVIL vs. JAMES K. MUKORA Defendant PLAINTIFF'S MOTION FOR ALTERNATE SERVICE AND NOW, comes Plaintiff, by counsel, Weltman, Weinberg & Reis Co., L.P.A. and requests this honorable court to enter an Order allowing the Plaintiff to make service upon Defendant, JAMES K. MUKORA, by certified U.S. Mail and Certificate of Mailing, addressed to 4706 DELBROOK RD., MECHANICSBURG PA 17050 and 3863 UNION DEPOSIT RD., HARRISBURG PA 17109 averring in support thereof the following: On or about OCTOBER 3, 2005, Plaintiff filed a Complaint in Civil Action against Defendant to recover the unpaid balance due Plaintiff from Defendant in the amount of $3,098.17. 2. When the Sheriff of CUMBERLAND County, Pennsylvania, attempted to make service of Plaintiff s Complaint on Defendant, the Sheriff was unable to do so, as evidenced by the Sheriff's return, a true and correct copy of which is attached hereto, marked Exhibit "I", and made a part hereof. 3. Upon receipt of the Sheriffs return of no service, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address of the Defendant. Pursuant to Plaintiffs request for information, the United States Postal Service returned that Defendant's address is 3863 UNION DEPOSIT RD., HARRISBURG PA 17109, a true and correct copy of Plaintiffs Postal Request is attached hereto, marked as Exhibit "2", and made a part hereof. W W R No. 04251921 4. Upon receipt of the new address for the Defendant, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address for the P.O. Box. Pursuant to Plaintiff's request for information, the United States Postal Service returned that the Defendant's physical address is 4706 DELBROOK RD., MECHANICSBURG PA 17050. A true and correct copy of Plaintiffs Postal Request is attached hereto, marked as Exhibit "3", and made a part hereof. 5. Plaintiff conducted an online white pages search and was unable to confirm a current address for Defendant of 4706 DELBROOK RD., MECHANICSBURG PA 17050. 6. Plaintiff contacted the CUMBERLAND County Tax Assessment office, a representative from which could not confirm the Defendant's current physical address as 4706 DELBROOK RD., MECHANICSBURG PA 17050. 7. Plaintiff requested information from the Department of Motor Vehicles for Defendant and there are vehicles registered to Defendant at 4706 DELBROOK RD., MECHANICSBURG PA 17050. A true and correct copy of the Motor Vehicle Abstract is attached hereto, marked as Exhibit "4", and made a part hereof. 8. Based upon the foregoing, Plaintiff believes and therefore avers that Defendant is attempting to avoid service of process in the above-captioned matter and Plaintiff therefore seeks an Order of Court, pursuant to Pennsylvania Rule of Civil Procedure 430, granting Plaintiff leave to serve its Complaint on Defendant by alternative means. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order pursuant to PA.R.C.P. 430(a), authorizing the Plaintiff to serve Defendant by Certified U.S. Mail and Certificate of Mailing sent to an address (3863 UNION DEPOSIT RD., HARRISBURG PA 17109 and 4706 DELBROOK RD., MECHANICSBURG PA 17050) at which Defendant is presently receiving mail according to information obtained from the Post Office. William T. Molczan, EKuire PA I.D 4 47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building, 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 04251921 SHERIFF'S RETURN - NOT FOUND CASE *:O: 2005-05178 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS MUKORA JAMES K R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MUKORA JAMES K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT , MUKORA JAMES K 4706 DELBROOK ROAD MECHANICSBURG, PA 17050 DEFENDANT OWNS PROPERTY BUT DOES NOT LIVE THERE. DEFENDANT LIVES IN HARRISBURG. Sheriff's Costs: Docketing 18.00 Service 9.60 Not Found 5.00 Surcharge 10.00 .00 42.60 - So answers?? ?J 1?/ R. Thomas Kline Sheriff of Cumberland County WELTMAN WEINBERG & REIS 10/05/2005 Sworn and subscribed to before me this A. D. day of Prothonotary E-A" ItSl i -? NOT FOUND , as to WILLIAM T. MOLCZAN Attorney at Law 412.434.7955 Fax 412.434.7959 wmolczan@weltm an.com WELTMAN WEINBERG & REIS CO L P A BURLINGTON, NJ , ., . . . 609.914.0437 ATTORNEYS AT LAW CHICAGO, IL 2718 Koppers Building 847.940.9812 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 CINCINNATI, OR 412.434.7955 513 723 2200 www.weltman.com CLEVELAND, OH 216.685.1000 COLUMBUS, OH 614.228.7272 , DETROIT, i ? ,?? 248.362.6100 0 or inROVnno.+ PHILADELPHIA, PA GROWTH RE5ULT5 215 599 1500 March I, 2006 Postmaster HARRISBURG,PA 17109 Request for Chanee of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Name: JAMES K MUKORA Address: 3863 UNION DEPOSIT RD HARRISBURG,PA 17109 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)( I ) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: William T. Molczan, Esquire, Attorney for Plaintiff, DISCOVER BANK 2. Statute or regulation that empowers me to serve process : N/A 3. The names of all known parties to the litigation: DISCOVER BANK vs. JAMES K MUKORA 4. The Court in which the case has been or will be heard: Court of Common Pleas of CUMBERLAND 5. The docket or other identifying number if one has been issued: 05-517801 VII. The capacity in which this individual is to be served: Defendant WARNING THE SUBMISSION OF FALSE 1NFORMATTON TOOBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF U P I 0 $10,000 OR IMPRISONMENT OF (2) "1-0 AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. WEL'fiv1AN, WEINBERG S REIS CO., L.N.A. 2718 Koppers Building 436 Seventh Avenue Stephen G. Moreau Pittsburgh, PA 15219 FOR POST OFFICE, USE. ONLY BOXHOLDER'S POSTMARK -Not known at address given. -Moved, left no forward address. ??K?,PA??WfNp -No such address. X??0 - No change of address on file 'y cy}??;ood Addressed MAR 0 6 2006 X?X PLEA ASE INDICATE PHYSICAL ADDRESS NEW ADDRESS or NAME and S'IRF.ET ADDRESS s WWR#04251921 ka WELTMAN, WEINBERG & REIS ATTORNEYS AT LAW 2718 Koppers Building CLEVELAND 436 Seventh Avenue 216 685 1000 Pittsburgh, PA 15219 412.434.1955 COLUMBUS www.weltman.com 614,228,7277 CINCINNATI WILLIAM T. MOLCZAN 5137232200 412.434.7955 DETROIT Fax 412.434.7959 wmolczan@weltman.com 248.362 6100 August 18, 2005 Postmaster MECHANICSBURG, PA 17050 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following. Name: JAMES K MUKORA Address: 4706 DELBROOK RD, MECHANICSBURG, PA 17050 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: William T. Molczan Esquire Attorney for Plaintiff, DISCOVER BANK 2. Statute or regulation that empowers me to serve process : NIA 3. The names of all known parties to the litigation: DISCOVER BANK V. JAMES K MUKORA _ ?USBU?; 4. The Court in which the case has been or will be heard: Court of Common Pleas of NIA p 4?6 5. The docket or other identifying number if one has been issued: N/A 2 ?5 The capacity in which this individual is to be served: Defendant o -tee: WARNING THE SUBMISSION OF FALSE INFORMATION TO OSTIAN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFOMRATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). August 1°, 2005 Page 2 I certify that the above information is true and that the address information is needed and will be used solely for service of legal proce i cpnnection with actual or prospective litigation. WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Signature Address NICOLE SHATKOFF POST OFFICE USE ONLY BOXHOLDER'SPOSTMARK Not known at address given. -Moved, left no forward address. No such address. No change of address on file Good as Addressed XXX PLEASE INDICATE PHYSICAL ADDRESS clr'121 NEW ADD RESS or NAME and STREET ADDRESS W W R# 04251921 276002 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 11/29/05 PAGE 1 053330710001110 009 OWNER JAMES K MUKORA 4706 DELBROOK RD MECHANICSBURG PA 17050 TITLE NUMBER : 52201657 TAG NUMBER : EZG3566 VIN : YVILS551IS1208000 MAKE : VOLVO MODEL : 8/G RENEWAL WID : 052411063000691 001 PREVIOUS TAG : DNL4669 LIENS : NO STOPS : NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE LESSEE : NONE TITLE DATE : 07/13/98 REGISTRATION EXPIRY DATE: 09/06 BODY TYPE SW ODOMETER READING 114,502* *ACTUAL MILEAGE DUPLICATE TITLE COUNT 0 VEHICLE YEAR 1995 STOLEN DATE ADDRESS CORRESPONDENCE TO: INFORMATION: (7:00 AM TO 9:00 PM) DEPARTMENT OF TRANSPORTATION _ IN STATE 1-800-932-4600 VEHICLE RECORD SERVICES OF-STATE 717-391-6190 PO BOX 68691 EX i] IN STATE 1-800-228-0676 HARRISBURG, PA 17106-8691 TOO OUT-OF-STATE 717-391-6191 DOT.STATE.PA.US oaZhtcaI CERTIFICATE OF SERVICE The undersigned certifies that a tWe and correct copy of the within Motion for Alternate Service was 2006, by first class, U.S. Mail, postage-prepaid, served on the day of---,) addressed as follows: JAMES K. MUKORA 4706 DELBROOK RD. MECHANICSBURG PA 17050 JAMES K. MUKORA 3863 UNION DEPOSIT RD. HARRISBURG PA 17109 Attorney for Plamtif W W R No. 04251921 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for tiling of this Motion for Alternate Service, and that the facts set forth in the foregoing Motion for Alternate Service are true and correct to the best of his knowledge, information and belief. William T. Molczan, Es uire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR No. 04251921 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK NO. 05-517SCIVIL Plaintiff VS. JAMES K. MUKORA Defendant AFFIDAVIT PURSUANT TO PA R.C.P. 430 (a) BEFORE ME, a Notary Public, in and for the foregoing County and Commonwealth, personally appeared William T. Molczan, Esquire, of Weltman, Weinberg & Reis, Co., L.P.A., attorneys for Plaintiff, and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of Defendant named in the above-captioned matter. a. Plaintiff requested current address information from the United States Postal Service, which request for information confirmed the current addresses for Defendant as being 3863 UNION DEPOSIT RD., HARRISBURG PA 17109 and 4706 DELBROOK RD., CUM B ERLANDMECHANICSBURG PA 17050. True and correct copies of the Postal Service Returns are marked Exhibits "2" and "3", attached hereto, and made a part hereof. b. Plaintiff requested a vehicle search on the Defendant, which shows that he does have a registered vehicle at 4706 DELBROOK RD., MECHANICSBURG PA 17050. A true and correct copy is attached hereto and marked as Exhibit "4". W W R No. 04251921 Finally, Affiant deposes and says that after the foregoing investigation, the exact whereabouts of the Defendant, JAMES K. MUKORA, is 3863 UNION DEPOSIT RD., HARRISBURG PA 17109 and 4706 DELBROOK RD., MECHANICSBURG PA 17050. Sworn to a bscribed before me this aX of April, 06 No y WELTMAN, WEINBERG & REIS, CO., L.P.A. Bbl " William T. Molczan, Esquir W WR No. 04251921 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JAMES K. MUKORA No. 05-5178CIVIL ORDER OF COURT AND NOW, to-wit, this day of 2006, upon consideration of the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil Action may be made on Defendant, JAMES K. MUKORA, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant at his last known address being 3863 UNION DEPOSIT RD., HARRISBURG PA 17109 and 4706 DELBROOK RD., MECHANICSBURG PA 17050 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. BY THE COURT: W W R No. 04251921 DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JAMES K. MUKORA, : Defendant NO. 05-5178 CIVIL TERM ORDER OF COURT AND NOW, this 12`h day of June, 2006, upon consideration of Plaintiff's Motion for Alternate Service, and it appearing that Plaintiff did not attempt service upon Defendant at his most recent address in Dauphin County, the motion is denied, without prejudice to file a new motion if service in Dauphin County proves unsuccessful. BY THE COURT, Jr esley Oler, J. Wi iam T. Molczan, Esq. eltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Attorney for Plaintiff :rc O\Y kl tk ,?_rrr r?e,'Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. JAMES K. MUKORA Defendant No. 05-5178CIVIL MOTION FOR ALTERNATE SERVICE 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 WWR No. 04251921 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 05-5178CIVIL VS. JAMES K. MUKORA Defendant PLAINTIFF'S MOTION FOR ALTERNATE SERVICE AND NOW, comes Plaintiff, by counsel, Weltman, Weinberg & Reis Co., L.P.A. and requests this honorable court to enter an Order allowing the Plaintiff to make service upon Defendant, JAMES K. MUKORA, by certified U.S. Mail and Certificate of Mailing, addressed to 4706 DELBROOK RD., MECHANICSBURG PA 17050 and 3863 UNION DEPOSIT RD., HARRISBURG PA 17109 averring in support thereof the following: On or about June 3, 2005, Plaintiff filed a Complaint in Civil Action against Defendant to recover the unpaid balance due Plaintiff from Defendant in the amount of 3098.17 in the Court of Common Pleas of Dauphin County. 2. When the Sheriff of Dauphin County, Pennsylvania, attempted to make service of Plaintiff's Complaint on Defendant, the Sheriff was unable to do so, as evidenced by the Sheriffs return, a true and correct copy of which is attached hereto, marked Exhibit "I", and made a part hereof. 3. On or about September 3, 2005, Plaintiff settled and dismissed Complaint without prejudice. 1. On or about OCTOBER 3, 2005, Plaintiff filed a Complaint in Civil Action in the Court of Common Pleas of Cumberland County against Defendant to recover the unpaid balance due Plaintiff from Defendant in the amount of $3,098.17. WWR No. 04251921 2. When the Sheriff of CUMBERLAND County, Pennsylvania, attempted to make service of Plaintiff's Complaint on Defendant, the Sheriff was unable to do so, as evidenced by the Sheriff's return, a true and correct copy of which is attached hereto, marked Exhibit "2", and made a part hereof. 3. Upon receipt of the Sheriffs return of no service, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address of the Defendant. Pursuant to Plaintiff's request for information, the United States Postal Service returned that Defendant's address is 3863 UNION DEPOSIT RD., HARRISBURG PA 17109, a true and correct copy of Plaintiff's Postal Request is attached hereto, marked as Exhibit "3", and made a part hereof. 4. Upon receipt of the new address for the Defendant, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address for the P.O. Box. Pursuant to Plaintiff's request for information, the United States Postal Service returned that the Defendant's physical address is 4706 DELBROOK RD., MECHANICSBURG PA 17050. A true and correct copy of Plaintiff's Postal Request is attached hereto, marked as Exhibit "4", and made a part hereof. 5. Plaintiff conducted an online white pages search and was unable to confirm a current address for Defendant of 4706 DELBROOK RD., MECHANICSBURG PA 17050. 6. Plaintiff contacted the CUMBERLAND County Tax Assessment office, a representative from which could not confirm the Defendant's current physical address as 4706 DELBROOK RD., MECHANICSBURG PA 17050. W WR No. 04251921 7. Plaintiff requested information from the Department of Motor Vehicles for Defendant and there are vehicles registered to Defendant at 4706 DELBROOK RD., MECHANICSBURG PA 17050. A true and correct copy of the Motor Vehicle Abstract is attached hereto, marked as Exhibit 'T', and made a part hereof. 8. Based upon the foregoing, Plaintiff believes and therefore avers that Defendant is attempting to avoid service of process in the above-captioned matter and Plaintiff therefore seeks an Order of Court, pursuant to Pennsylvania Rule of Civil Procedure 430, granting Plaintiff leave to serve its Complaint on Defendant by alternative means. WWR No. 04251921 WHEREFORE, Plaintiff requests this Honorable Court to enter an Order pursuant to PA.R.C.P. 430(a), authorizing the Plaintiff to serve Defendant by Certified U.S. Mail and Certificate of Mailing sent to an address (3863 UNION DEPOSIT RD., HARRISBURG PA 17109 and 4706 DELBROOK RD., MECHANICSBURG PA 17050) at which Defendant is presently receiving mail according to information obtained from the Post Office. , // 7 /1-7? William T. Molczan, EsquitV PA I.D # 47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building, 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 04251921 (pif-re of "tE ?hrrfff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Sheriff's Return No. 2261-CV - - -2005 J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for MUKORA JAMES K A/K/A MUKORA JAMES the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, July 1, 2005 ADDRESS GIVEN, 3863 UNION DEPOSIT RD, HBG, PA. 17109 IS A UPS STORE, NOT ANY RESIDENCE. NO INFORMATION AVAILABLE. EXHIBIT So Answers, Sheriff of Dauphin County, Pa. Plaintiff: DISCOVER BANK `ni,;? 1 Sheriff's Costs:$47.00 PD 06/08/2005 RCPT NO 207568 SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05178 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS MUKORA JAMES K R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT , MUKORA JAMES K 4706 DELBROOK ROAD NOT FOUND , as to MECHANICSBURG, PA 17050 DEFENDANT OWNS PROPERTY BUT DOES NOT LIVE THERE. DEFENDANT LIVES IN HARRISBURG. Sheriff's Costs: So answers: Docketing 18.00-''? Service 9.60 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 42.60 WELTMAN WEINBERG & REIS 10/05/2005 Sworn and subscribed to before me will this day of A. D. Prothonotary (A LS ? Ql?2 I V W ELTMAN, W EINBERG & REIS CO., L.P.A. WILLIAM T. MOLCZAN Attorney at Law 412.434.7955 Fax 412.434.7959 wmolcznn@weltman.com ATTORNEYS AT LAW 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 412.434.7955 www.weltman.com OF INNOVATION GROWTH + RESULTS March 1, 2006 Postmaster HARRISBURG,PA 17109 Reauest for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxho)der) for the following: Name: JAMES K MUKORA Address: 3863 UNION DEPOSIT RD HARRISBURG,PA 17109 BURLINGTON, NJ 609.914.0437 CHICAGO, IL 847.940.9812 CINCINNATI, OH 513.723.2200 CLEVELAND,OH 216.685.1000 COLUMBUS, OH 614.228.7272 DETROIT, MI 248.362.6100 PHILADELPHIA, PA 215.599.1500 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(dx6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1 . Capacity of requester: William T. Molczan, Esquire, Attorney for Plaintiff, DISCOVER BANK 2. Statute or regulation that empowers me to serve process : N/A 3. The names of all known parties to the litigation: DISCOVER BANK vs. JAMES K MUKORA 4. The Court in which the case has been or will be heard: Court of Common Pleas of CUMBERLAND 5. The docket or other identifying number if one has been issued: 05-5178CIVIL The capacity in which this individual is to be served: Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. WELTi14AN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Stenhen G. Morgan Pittsburgh, PA 15219 FOR POST OFFICE USE ONLY BOXHOLDEWS POSTMARK -Not known at address given. -Moved, left no forward address. K? PA I?WP \lo? No such address. No change of address on file ,f-"Good as Addressed XAX PLEASE INDICATE PHYSICAL ADDRESS MAR 0 6 2006 NEW ADDRESS or NAME and STREET ADDRESS n 4 AW WWR#04251921 W ELTMAN, W EINBERG & REIS CO., L.P.A. WILLIAM T. MOLCZAN Attorney at Law 412.434.7955 Fax 412.434.7959 wmolczan@weltman.com ATTORNEYS AT LAW 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 412.434.7955 www.weltman.com OF INNOVATION OROWTM t RESULTS October 13, 2005 Postmaster MECHANICSBURG,PA 17050 Request for Chance of Address or Boxholder Information Needed for Service of Leeal Process Please furnish the new address or the name and street address (if a boxholder) for the following: V Name: VON" Address: 4706 DELIM6 MECHANICSBURG,PA 17050 BURLINGTON, NJ 609.914.0437 CHICAGO, IL 847.940.9812 CINCINNATI, OH 513.723.2200 CLEVELAND,OH 216.685.1000 COLUMBUS, OH 614.228.7272 DETROIT, MI 248.362.6100 PHILADELPHIA, PA 215.599.1500 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(dx 1) and (2) and corresponding Administrative Support Manual 352.44a and b.. 1. Capacity of requester: William T. Molezan, Esquire. Attorney for Plaintiff, DISCOVER BANK 2. Statute or regulation that empowers me to serve process : N/A 3. The names of all known patties to the litigation: DISCOVER BANK vs. JAMES K MUKORA 4. The Court in which the case has been or will be heard: Court of Common Pleas of CUMBERLAND 5. The docket or other identifying number if one has been issued: 05-5178CIVIL The capacity in which this individual is to be served: Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Kim M. Jones BOXHOLDER'S POSTMARK Not known at address given. -Moved, left no forward address. No such address. _ No change of address on file _ Good as Addressed XXX PLEASE INDICATE PHYSICAL ADDRESS W W R#04251921 r1 NEW?DDRESS or NAME and STREE ADDR SS WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh. PA 15219 FOR POST OFFICE USE ONLY PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT 11/29/05 PAGE 1 276002 OWNER JAMES K MUKORA 4706 DELBROOK RD MECHANICSBURG PA 17050 TITLE NUMBER TAG NUMBER VIN MAKE MODEL RENEWAL WID PREVIOUS TAG LIENS STOPS 52201657 EZG3566 YVILS551IS1208000 VOLVO 8/G 052411063000691 001 DNL4669 NO NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE LIEN INFORMATION NO LIENS EXIST FOR THIS TITLE 053330710001110 009 LESSEE NONE TITLE DATE : 07/.13/98 REGISTRATION EXPIRY DATE: 09/06 BODY TYPE : SW ODOMETER READING : 114,S02* *ACTUAL MILEAGE DUPLICATE TITLE COUNT : 0 VEHICLE YEAR : 1995 STOLEN DATE . as ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17106-8691 INFORMATION: (7:00 AM TO 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 WWW.DOT.STATE.PA.US p Lvv?; 19Z I CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion for Alternate Service was served on the act day of st3 l- , 2006, by first class, U.S. Mail, postage-prepaid, addressed as follows: JAMES K. MUKORA 4706 DELBROOK RD. MECHANICSBURG PA 17050 JAMES K. MUKORA 3863 UNION DEPOSIT RD. HARRISBURG PA 17109 w Attorney for Plaintiff WWR No. 04251921 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK NO. 05-5178CWIL Plaintiff VS. JAMES K. MUKORA Defendant AFFIDAVIT PURSUANT TO PA R.C.P. 430 (a) BEFORE ME, a Notary Public, in and for the foregoing County and Commonwealth, personally appeared William T. Molczan, Esquire, of Weltman, Weinberg & Reis, Co., L.P.A., attorneys for Plaintiff, and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of Defendant named in the above-captioned matter. a. Plaintiff requested current address information from the United States Postal Service, which request for information confirmed the current addresses for Defendant as being 3863 UNION DEPOSIT RD., HARRISBURG PA 17109 and 4706 DELBROOK RD., CUMBERLANDMECHANICSBURG PA 17050. True and correct copies of the Postal Service Returns are marked Exhibits "3" and "4", attached hereto, and made a part hereof. b. Plaintiff requested a vehicle search on the Defendant, which shows that he does have a registered vehicle at 4706 DELBROOK RD., MECHANICSBURG PA 17050. A true and correct copy is attached hereto and marked as Exhibit "5". W WR No. 04251921 Finally, Affiant deposes and says that after the foregoing investigation, the exact whereabouts of the Defendant, JAMES K. MUKORA, is 3863 UNION DEPOSIT RD., HARRISBURG PA 17109 and 4706 DELBROOK RD., MECHANICSBURG PA 17050. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molczan, E uire Sworn 9) avd subscribed before me Notarial Seal Heidi _I ;ely, Notary Public City 01 Pittsburgh. Allege ny Gounty My Commission Expires Nov. 4, 2009 Member, Pennsylvania Association of Notaries WWR No. 04251921 DISCOVER BANK, Plaintiff V. JAMES K. MUK Defendant AND NOW, Motion for Alternate this action shall be 17109, and 4706 the Cumberland circulation in William T. Molczan, WELTMAN, WEINE REIS CO., L.P.A. 2718 Koppers Buildi 436 Seventh Avenue Pittsburgh, PA 1521 Attorney for Plaintif IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA CIVIL ACTION - LAW NO. 05-5178 CIVIL TERM ORDER OF COURT 14'h day of August, 2006, upon consideration of Plaintiff's it is ordered and directed that service of the complaint in (1) by regular mail at 3863 Union Deposit Road, Harrisburg, PA Road, Mechanicsburg, PA 17050, (2) by publication once in Law Journal, and (3) one time in a newspaper of general County, Pennsylvania. i- r L - D(o :rc BY THE COURT, ??t?/fi IASa dN?d h i -i i Wn 9 i onn 90QZ AdVlQNlOHiWd «Hl dQ 3014 }-Md E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JAMES K MUKORA AKA JAMES MUKORA Defendant No. 05-5178CIVIL PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04251921 s i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 05-5178CIVIL JAMES K MUKORA AKA JAMES MUKOR.A Defendant PRAECIPE TO-REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. f 1z "' - V By'7e Jambrodt, Esquire PA WEEINBERG & R.EIS CO., L.P.A. 271uilding 436 enue Ptt15219 (41 #04251921 cil r 't+, J rzj I.J a? i ?. ` s fz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. James K. Mukora. Defendants. Civil Action No. 05-5178 CIVIL TYPE OF PLEADING: AFFIDAVIT OF SERVICE Filed on Behalf of: Plaintiff Counsel or Record for this Party: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04251921 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 05-5178 CIVIL JAMES K MUKORA Defendant. AFFIDVAIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared James C. Warmbrodt, Esquire, who according to law deposes and says that a copy of the Complaint in Civil Action has been served on the Defendant, James K. Mukora. 1. On or about August 14, 2006, Plaintiff received a signed Order of Court permitting service, on the Defendant, to be complete and valid upon publication on one legal journal and one newspaper of general publication and by mailing to the last known address by certified mail, return receipt requested and certificate of mailing. Said Order of Court is attached as Exhibit "1 ". 2. On or about September 22, 2006, Plaintiff published a copy of the Notice in the Cumberland Law Journal. Said Proof of Publication is attached as Exhibit "2". 3. On or about September 30, 2006, Plaintiff published a copy of the Notice in the THE SENTINEL-LEGAL. Said Proof of Publication is attached as Exhibit "3". 4. On or about September 13, 2006, Plaintiff mailed the complaint to 3863 Union Deposit Road, Harrisburg, PA. 17109 and 4706 Delbrook Road, Mechanicsburg, PA. 17050. Said certificate of mailing and certified mail receipts are attached as Exhibit "4". Service is deemed perfected on September 30, 2006. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. ArrAbrodt, Esquire PA I.D.# 4 WELTM EINBERG &REIS CO., L.P.A. 2718 K " per Building 436 S ent Avenue Pittsb rgh A 15219 (412 43 -7955 Sworn to and subscribed a ore me This day of oet°.iev - 12006 /J COMMONWEALTH OF PENNSYLVANIA u .? Notarial Seal Wayne A. Jone9, Notary Public City Of Pittsburgh, Allegheny County W Commission Expires June 29, 2010 Member, Pennsylvania Association of Notaries DISCOVER BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLANIA V. CIVIL ACTION - LAW JAMES K. MUKORA, Defendant NO. 05-5178 CIVIL TERM ORDER OF COURT AND NOW, this 14"' day of August, 2006, upon consideration of Plaintiff's Motion for Alternate Service, it is ordered and directed that service of the complaint in this action shall be made (1) by regular mail at 3 863 Union Deposit Road, Harrisburg, PA 17109, and 4706 Delbrook Road, Mechanicsburg, PA 17050, (2) by publication once in the Cumberland County Law Journal, and (3) one time in a newspaper of general circulation in Cumberland County, Pennsylvania. William T. Molczan, Esq. WELTMAN, WEINBERG & REIS CO., L.P.A. ?2 8 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Attorney for Plaintiff :rc +a5?gai TAE GCWV FROM RECORD 1 , I here um on aw p1e "d of said C.- rt t Cate, P& 6 awl of All r-N-r-c- BY THE COURT, CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 05-5178 - CIVIL DISCOVER BANK Plaintiff, VS. JAMES K. MUKORA AKA JAMES MUKORA Defendant NOTICE YOU SHOULD TAKE THIS NO- TICE 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 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 Sept. 22 EXHIBIT r1 2 It PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammv Shoemaker Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 131h,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) September 30, 2006 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not IN THE cRT pF COMMON PLEAS of interested in the subject matter of the l 'CUMBERLAND COUNTY, PENNSYLVANIA aforesaid notice or advertisement, and that CIVIL DIVISION all allegations in the foregoing statement CISCOVEFj BANK as to time, place and character of z Plaintiff a 4` : Case N005-5178-CIVIL publication are true. Vs. JAMES K:"MUKORA `,e`?' "" , • 1 AWvA KA JAMES MUKORA I Defa'n danI a N TICE YOU SHOULD TAKE THIS TO YOUR LAWYER AT ONCE; IF YOU DO NOTHAVE A LAWYER OR ,CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Sworn to and subscribed before me this 04th. day of October 2006. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 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)434-79551 Notary Pub r My commission expires: q// f Op COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wolfe. Notary Pub1iC Carlisle Saco, Cumberland Cou* My Cornmissm Expires Sept. 1, 2008 Member, Pennsylvania Association Of Notaries EXHIBIT r9 I•M2=a1111211ar frt FF ut m postage C] Certified Fee t3 r-3 Return Receipt Fee Em (Endorsement Required) L73 Restricted Delivery Fee (Endorsement Required) .a r-9 r9 Total Postage & Fees E3 nt o SGtme1 r (Domestic Mail Ot Ln Ln M Postage $ C3 Certified Fee C3 C3 C3 Return Receipt Fee (Endorsement Required) p Restricted Delivery Fee „p (Endorsement Required) r-3 r-1 Total Postage & Frets u'1 [80w To ?? Sireei, Apt No.; n r % n MBIT qa a 3 d ,4 m J cc a a %uv 1 NA $ 00.95° 0!,0421 1569 SEP 13 2006 MAILED FROAJi ZIP CODE IS 219 {I N O w N m ro ? i R m? i N? 03 , m 7C ? ? y O N .d T S s ? i / i 3 -? 9Y a WI/VpC • ?9 q0 2 / ? a (Cr t tmark s` V0 W C Pit ? TT- rp S Ar c,r ?' t'• w }? ?j? f -yam ? ti°?I?? PITNEY BOWES 00.9C+/?? 50 V2ilv,.1569 SEP 13 20,36 j DE i52 MAILED FROM ZIP CO19 '"CS i' 1 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JAMES K MUKORA AKA JAMES MUKORA Defendant No.: 05-517SCIVIL PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04251921 Judgment Amount $ 3598.17 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. r r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JAMES K MUKORA AKA JAMES MUKORA Defendant TO THE PROTHONOTARY: Civil Action No.: 05-5178CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JAMES K MUKORA AKA JAMES MUKORA above named, in the default of an Answer, in the amount of $3598.17 computed as follows: Amount claimed in Complaint $3098.17 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $500.00 TOTAL $3598.17 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: v" WILLIAM T. MOLCZ , ESQUIRE PA I.D.947437 weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04251921 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 3863 UNION DEPOSIT RD HARRISBURG,PA 17109 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff JAMES K MUKORA Defendant (s) IMPORTANT NOTICE TO: JAMES K MUKORA 3863 UNION DEPOSIT RD HARRISBURG,PA 17109 Date of Notice: WWR## : 04251921 Case # ? f "] YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY: JAMES W BRODT, ESQUIRE PA I.D. # 2524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KO ERS BLDG, 436 7TH AVE. PITT$B GH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Case no:: 05-5178CIVIL Plaintiff VS. JAMES K MUKORA AKA JAMES MUKORA Defendant NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, JAMES K MUKORA AKA JAMES MUKORA is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, JAMES K MUKORA AKA JAMES MUKORA is not in the military service. Further Affiant sayeth naught. / AFFIANT >WO N TO AND SUBSCRIBED in my presence this day V uv:l /I It L"/ Le- COMMONWEALTH OF PENNSYLVANIA Nolwal Seal ARY PUBLI Heidi J. Kelly, N0taryPub60 City Of Pittsburgh. Allegheny C W..tV -_,ommisswn Expires Nov. ylvania Associat,,? L, , arcs Mer--bEo. ,,nns . This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 NOV-14-2006 13:14:04 -<Last Name First/Middle Begin Date Active Duty Status Service/Agency MUKORA Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. 14. )6t In 0f0j,4._ A??_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http•//www.defenselink.mil/faa/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmde.osd.mil/scra/owa/scra.prc_Select 11/14/2006 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: YXOMJRRAGA https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 11/14/2006 F 0 W 0 a F ` :'> co IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No.: 05-5178CIVIL JAMES K MUKORA AKA JAMES MUKORA Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on Xk3u 2Pt a,DV 6 (xx) Assumpsit Judgment in the amount of $3598.17 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) if not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( } Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PRO'F1-IONOTARY '411,11 Y). JAMES K MUKORA 3863 UNION DEPOSIT RD HARRISBURG,PA 17109 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 71h Avenue, Pittsburgh, PA 15219 1-888-434-0085 M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. JAMES K MUKORA 38103 UK V" Za,posi{ Pj MG. PA ?-7 10y Defendant COMMERCE BANK, 101 N. A"dST HBG, PA 17101 Garnishee, No. 05-5178CIVIL PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) 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 WWR#04251921 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff VS. Civil Action No. 05-5178CWIL JAMES K MUKORA Defendant COMMERCE BANK, 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 DAUPHIN County: 2. against JAMES K MUKORA, Defendant 3. against COMMERCE BANK, Garnishee 4. Judgment Amount $ 3598.17 Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): $ 209.98 $ 3808.15 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Egfuire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04251921 i m '64 4 if - a 600` iA. ? AA -0 C71 Q.? o oo° o ao0o0 co V d WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5178 Civil CIVIL ACTION - LAW TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs due DISCOVER BANK, Plaintiff (s) From JAMES K. MUKORA, 3863 Union Deposit Road, Harrisburg, PA 17109 (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: COMMERCE BANK, 101 North 2°d Street, Harrisburg, PA 17101 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 $3,598.17 Interest -- $209.98 Atty's Comm % Atty Paid $134.10 Plaintiff Paid L.L. $.50 Due Prothy $2.00 Other Costs Date: 1/23/08 (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG, & REIS CO., L.P.A. 2718 KOPPER BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Curti . Long, Protho / By: Deputy Supreme Court ID No. 47437