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Home My WebLink About05-5862 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No: OS- - .S'P~ Ct'u;C ~Yrf. vs. COMPLAINT IN CIVIL ACTION MALEEHA F MALIK AKA MALEEHA MALIK Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 04542123 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No MALEEHA F MALIK Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, is a corporation with offices at 3311 MILL MEADOW DR. HILLIARD , OH 43026 . 2. Defendant is adult individual{s) residing at the address listed below: MALEEHA F MALIK 820 PENNSYLVANIA AVE LEMOYNE, PA 17043 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 6011001410645438 . A copy of Plaintiff's Statement of Account s attached hereto, marked as Exhibit "A" and made a part hereof. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of October 21, 2005 , in the amount of $3343.13 . 5. Defendant is in default by failing to make payments when due. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $500.00 . 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for Judgment in its favor and against Defendant, MALEEHA F MALIK ,INDIVIDUALLY, in the amount of $3343.13 with interest at the legal rate of 6.000% per annum from date of judgment plus attorneys' fees of $500.00 , and costs. ~ C. Warmbrodt,4 24 WE T ,WEINBERG & REIS CO., L.P.A. 4 6 Seventh Avenue, Suite 2718 i sburgh, PA 15219 / ( 2) 434-7955 : 412-338-7130 04542123 C A pit WLG 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. CARD IJi:lYIII<::'" UU" "Cl'" August 30, 2005 "'I L' ~. -i"' -' ~ "..... 31 SOSN6A01 0009145 MALEEHA MALIK 820 PENNSYLVANIA AVE LEMOYNE PA 17043-1530 SAVE TODAY! Call 1-877-353-0989 to transfer your higher-rate balances to your Discover@ Card or visit Discovercard.com PO BOX 15251 11I,,,11.,,,,11,,,,11.11,,1 WILMINGTON DE 19886-5251 !",I!I,!"I"I,I"I"I!",I,I",!,I,I,!""II,!,I""111,1,,1 Address or telephone change? Please print change in the space above, or go to Discovercard.com. 000006011001410645438000000000000000059700 Discover Platinum Card Account Summary Closing Date: July 31,2005 page 1 of 1 account number payment due date minimum payment due credit Jimit credit available cash credit limit cash credit available 6011001410645438 August 30, 2005 $597.00 $2,400 $0 $1,100,00 $0.00 previous balance $3,343.13 ------ payme~!~ and crf!.dits 3,343.13 purchases + 0.00 ------~---~--- cash advances + 0.00 balance transfers + 0.00 FINANCE CHARGES + 0.00 ---. new balance == $0.00 Cashback Bonus@) Anniversary Date: August 5 Cashback Bonuslll> $ + 0.00 0.00 0.00 0.00 0.00 0.00 Previous Cashback Bonus Award Balance Purchase Award This Period Cashback Bonus Award Total Redemptions This Period Cashback Bonus Award Balance Award Available to Redeem $ Transactions Average Daily Balances f;urrent billing period: 28 days Purchases $0 0.06847% 24.99% F 24.99% Cash Advances $0 0.06847% 24.99% F 24.99% The rates that apply to your Account are either fixed (F) or they may vary (V) as noted above. Payments and Credits trans. post date date Jul31 Jul31 INTERNAL CHARGE-OFF $ -3,343.13 EXHIBIT '-1/ Daffy Penodic Rates Nominal ANNUAL ANNUAL PERCENTAGE PERCENTAGE RATES RATES Transaction Fee FINANCE CHARGES Periodic FINANCE CHARGES $0 $0 none $0 Verification The undersigned does hereby verify subject to the penalties of 18 PAC.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. I~b-~~ Signature WWR#()l/SLl~ ) &") p ~ {g.. * ~ U( ~, ~ r;.;"l C.? '.~ :.,' -n Ci'" ...... ?J ...",.. ~ U1 ..'\~ ~ C) ~-:o W CY -'~:: . c'" G 0- ...c:: :~~ \~~-) ~ --:t -J 0 ':::)~ (~) " " CY \) -n ,.."'" (- --- ..-~: l::~ - ~-_-~rr1. -- <;? '::~ ~'.,... t .r:- ~.l-.1 10 -< ---....( SHERIFF'S RETURN - NOT FOUND , - , CASE NO: 2005-05862 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DISCOVER BANK VS MALIK MALEEHA F AKA MALEEHA MA 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 MALIK MALEEHA F AJA MALEEHA MALIK but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , MALIK MALEEHA F AJA MALEEHA MALIK 820 PENNSYLVANIA AVENUE LEMOYNE, PA 17043 DEFENDANT BELIEVED TO BE LIVING IN ALLENTOWN. Sheriff's Costs: Docketing Service Not Found Surcharge Postage 18.00 15.36 5.00 10.00 .37 48.73 So answers~-:7 " __--;j:. >.././ ~ >..' . .... ~~~:;;:r-~/ /- . ,- ---..--- / --..----;;; , R. Thomas Kli~ Sheriff of CumberlanCounty "..-~- ." WELTMAN WEINBERG REIS 11/16/2005 Sworn and subscribed to before me this ... G~ day of ~ d~'~ dh P"'rotho ry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 05-5862 Civil Term vs. MOTION FOR ALTERNATE SERVICE MALEEHA F. MALIK alkla MALEEHA MALIK Defendant 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 A venue Pittsburgh, P A 15219 (412) 434-7955 WWR #04542123 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 05-5862 Civil Term vs. MALEEHA F. MALIK aJkla MALEEHA MALIK 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, Maleeha F. Malik, by certified U.S, Mail and Certificate of Mailing, addressed to 820 Pennsylvania Ave, Lemoyne,Pa 17043, averring in support thereof the following: 1. On or about October 21, 2005, Plaintiff filed a Complaint in Civil Action against Defendant to recover the unpaid balance due Plaintifffrom Defendant in the amount of$ 3,343.13. 2. When the Sheriff of Cumberland County, Pennsylvania, attempted to make service of Plaintiffs Complaint on Defendant, the Sheriff was unable to do so, indicating that after several separate attempts no service was made, as evidenced by the Sheriffs return, a true and correct copy of which is attached hereto, marked Exhibit "1", 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. WWR #04542123 4. Pursuant to Plaintiff's request for information, the United States Postal Service confirmed Defendant's physical address of 820 Pennsylvania Ave, Lemoyne,Pa 17043, a true and correct copy of Plaintiff's Postal Request is attached hereto, marked as Exhibit "2", and made a part hereof. 5. Plaintiff conducted an online white pages search and was unable to confirm a current address for Defendant of 820 Pennsylvania Ave, Lemoyne,Pa 17043. 6. Plaintiff contacted the Cumberland County Tax Assessment office, a representative from which could not confirm the Defendant's current physical address as 820 Pennsylvania Ave, Lemoyne,Pa 17043. 7. Plaintiff requested information from the Department of Motor Vehicles for Defendant and there are no vehicles registered to Defendant at 820 Pennsylvania Ave, Lemoyne,Pa 17043. 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#04542123 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 (820 Pennsylvania Ave, Lemoyne,Pa 17043) at which Defendant is presently receiving mail according to information obtained from the Post Office, or by allowing service by a competent adult. M William T. M cz , squire PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA ]52]9 (412) 434-7955 WWR #04542123 SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05862 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CJl\)L\~) d3 DISCOVER BANK VS MALIK MALEEHA F AKA MALEEHA MA 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 MALIK MALEEHA F AJA MALEEHA MALIK but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , MALIK MALEEHA F AJA MALEEHA MALIK 820 PENNSYLVANIA AVENUE LEMOYNE, PA 17043 DEFENDANT BELIEVED TO BE LIVING IN ALLENTOWN. Sheriff's Costs: Docketing Service Not Found Surcharge Postage 18.00 15.36 5.00 10.00 .37 48.73 So answer.Sl..=--=/--'-_.:>..--:-.::.:~ .< - "....-_--/.-..,,_.,.~ ~~ -- ~;:?"""" ? R. Thomas li e ~.. Sheriff of Cumberlan County WELTMAN WEINBERG REIS 11/16/2005 Sworn and subscribed to before me this day of A.D. EXH\B\T f Prothonotary WELTMAN. WEINBERG & REIS CO., L.P.A. ATTORNEYS AT LAW 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania ]5219 412.434.7955 www.weHman.com WILLIAM T. MOLCZAN Attorney at Law 412.434.7955 Fax 412.434.7959 wmolczan@weltman.com c&~~/""7~ ,.~,-/~ Gr;~S BURLINGTON, NJ 609.9] 4.0437 CHICAGO, [L 847.940.9812 CINC1NNA T!, OH 513.723.2200 CLEVELAND,OH 216.685.]000 COLUMBUS,OH 6]4.228.7272 DETROIT, MI 248.362.6100 PHILADELPHIA, PA 2] 5.599. J 500 December 12, 2005 Postmaster LEMOYNE,PA 17043 ReQuest for Chl101!e of Address or Boxholder Information Needed for Service of Le!!al Process Please furnish the new address or the name and street address (ira boxholdcr) iOT tile following: Name: MALEEHA f MALIK Address: 820 PENNSYLVANIA AVE l.EMOYNE,PA 17043 NOTE: The name and last known address are required for change of address intonnation. The name, ifknown, and post office box address are required for boxholder information. The following information is provided in accordance ....vitb 39 CFR 26S.6(d)(6)(li). There is no fee [or providing boxholder information. The fee lor pro'Viding change of address information is waived in ac~ordance with 39 eFR 265.6(d)(l) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: William T. Molczan. Esauire. Attornev for Plaintiff. DISCOVER BANK 2. Statute or regulation that empowers me to serve process: N/A 3. The names arali known parties to the litigation: DISCOVER BANK vs. MALEEHA f MALIK 4. rhe 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: 05~5862-CJVIL The capacity in which this individual is to be served: Defendant WARNI";G THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR SOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN TltE SERVICE OF l.EGAl. PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE UTIGA TlON COULD RES liLT IN CR1MINAL PENAl.TIES INCLUDING A FINE OF UP TO $10,000 OR IMPRtSONMENT OF (2) TO A VOID 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 oflegal process in connection with actual or prospective litigation. WELTMAN, WEINBERG & Rl':IS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsbur.h, PA 15219 fOR POST OFFICE USE ONLY BOXIfOUJER'S POSTMARK _Not known at address given. _Moved, left no forward address. _No such address. No change of address on lile :z,Good as Addressed , XXX PLEASE INDICATE PHYSICAL ADDRESS ~~, NEW ADDRESS nrNAME and STREET ADDRESS ~IBIT I / WWR#04542123 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 1/19/06 276002 ARDSLEY AUTO TAGS 2745 JENKINTOWN RD ARDSLEY PA 19038-0000 060190734000122 002 Dear" Customer: The Bureau of Motor Vehicles has received your request for information. We are not able to provide this information because the record you requested, as indicated below, does not exist in our files. NAME : MALIK,MALEEHA If you have any questions concerning this information, please contact Vehicle Record Services at the address or telephone number listed below. Sincerely, Customer Service Team Bureau of Motor Vehicles ADDRESS CORRESPONDENCE TO: Department of Transportation Vehicle Record Services PO Box 68691 Harrisburg, PA 17106-8691 INFORMATION: (8:00 ....1"'" STATE E~I-\'t)t~-OF-STATE TDD IN STATE ~ TDD OUT-OF-STATE /' ....1J. J_l.=ihate .pa. us AM TO 6:00 PM) 1-800-932-4600 717-412-5300 1-800-228-0676 717-412-5380 04-'S4- Z) 2. 3 CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy ofthe within Motion for Alternate Service was served on the G<:~ day of ~ 2006, by first class, U.S. Mail, postage-prepaid, addressed as follows: U Maleeha F. Malik 820 Pennsylvania Ave Lemoyne,Pa 17043 wit :!~ Attorney for Plain if WWR #04542123 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsitication to authorities, he is an attorney for the Plaintitf herein: makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintitf is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for filing 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. Molez n, E PA 1.0. #47437 WELTMAN, WE ERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #04542123 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK NO. 05-5862 Civil Term Plaintiff vs. MALEEHA F. MALIK a/k/a MALEEHA MALIK 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 address for Defendant as being 820 Pennsylvania Ave, Lemoyne,Pa 17043. A true and correct copy of the Postal Service Return is marked Exhibit "2" attached hereto and made a part hereof. WWR #04542123 Finally, Affiant deposes and says that after the foregoing investigation, the exact whereabouts of the Defendant, Maleeha F. Malik, is 820 Pennsylvania Ave, Lemoyne,Pa 17043. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molczan, squir PA /.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 PENNSYL N~ Nota. eal i Heidi J. Kelly, Notary Publio ' City Of prtlSburgh, Allegheny Coun;r, My Commission EXp1res NOv, 4. 20"~ . Member, PennsylvanIa "'"OOlatlon of Notsn.' WWR #04542123 ( ;'n r- ,., -.' c,-\ C,..! \ C.'.' ,. r,. 01 ~l c.' DISCOVER BANK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUTNY, PENNSYLVANIA V. MALEEHA F. MALIK a/k/a MALEEHA MALIK Defendant 05-5862 CIVIL ORDER OF COURT AND NOW, this 17th day of February, 2006, upon consideration of the Plaintiff's Motion for Alternate Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendant, Maleeha F. Malik, a/k/a Maleeha Malik have been unsuccessful, Plaintiff's Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Plaintiff serve the Complaint by certified and regular mail to the Defendant's last know address at 820 Pennsylvania Avenue, Lemoyne. PA 17043; 2. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania; By the Court, '''l J. M. L. Ebert, Jr., William T. Molezan, EsqUire}.J '/ --0" Attorney for Plaintiff -. bas ~~~L JItS' c,o "1' I .."f" 'i_ t , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No 05-5862-CIVIL vs, PRAECIPE TO REINSTATE COMPLAINT MALEEHA F MALIK Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY James C. Warm brodt, 42524 WELTMAN, WEINBERG & REIS CO. LPA 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (421) 434-7955 FAX 412-338-7130 WWR#04542123 . , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs, Civil Action No. 05-5862-CIVIL MALEEHA F MALIK Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. James C. Warm brodt, 42524 WELTMAN, WEINBERG f. REIS CO, LPA YVJ/ By: WEL TM , WEINBERG I~ REIS CO, LPA 436 Sev nt Avenue, Suite 2718 Pittsbur. h, A 15219 (421) 34 955 AX 412-338-7130 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Maleeha F. Malik Civil Action No. 05-5862-CIVIL Defendants. TYPE OF PLEADING: AFFIDAVIT OF SERVICE Filed on Behalf of: Plaintiff Counselor Record for this Party: William T. Molczan, Esquire PA 1.0. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04542123 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. MALEEHA F MALIK AKA MALEEHA MALIK Civil Action No. 05-5862-CIVIL Defendant. AFFIDVAIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared William T. Molczan, Esquire, who according to law deposes and says that a copy of the Complaint in Civil Action has been served on the Defendant, Maleeha F. Malik 1. On or about February 17, 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 April 07, 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 March 14,2006, Plaintiff mailed the complaint to 820 Pennsylvania Avenue, Lemoyne, PA. 17043. Said certificate of mailing and certified mail receipts are attached as Exhibit "3". Service is deemed perfected on April 07, 2006. WELTMAN, WEINBERG & REIS, CO., L.P.A. /0 William T. Mole an, PA 1.0. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ,2006 Notari;:;.,\ ,!',S,'! Weildv L Ci;~ilh. i',_!:_~::)I\' i}c;' '" City Oi Pit:~~Ji.l~;_'~:i /':');"'" ",., \./~' ,;' ~')\lCc"r:r,:' ",',,' DISCOVER BANK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUTNY, PENNSYLVANIA V. MALEEHA F. MALIK a/k/a MALEEHA MALIK Defendant : 05-5862 CIVIL ORDER OF COURT AND NOW, this 17'h day of February, 2006, upon consideration of the Plaintiff's Motion for Alternate Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendant, Maleeha F. Malik, a/k/a Maleeha Malik have been unsuccessful, Plaintiff's Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Plaintiff serve the Complaint by certified and regular mail to the Defendant's last know address at 820 Pennsylvania Avenue, Lemoyne, PA 17043; 2. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation In Cumberland County, Pennsylvania; EXHIBlT By the Court, ''1'1 'i. J. M. L. Ebert, Jr., William T. Molezan, Esquire Attorney for Plaintiff bas Pa.. ....::J..711'~ . CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvan1a CM! Division Case No.: 05-5862-CM! DISCOVER BANK. Petitioner. vs. MALEEHA F. MALIK, A/K/ A MALEEHA MALIK. Respondent. NOTICE If you wish to defend, you must enter a wrttten appearance person- ally or by attomey and file your de- fenses or objections In wrttlng with the court. You are warned that If you fall to do so the case may proceed without you and aJudgment may be entered agalnst you without further notice for the w!ef requested by the plaIntiff. You may lose money or prop- erty or other r1gl1ts lmportant to you. YOU SHOUW TAKE THIS NO- TICE TO YOUR lAWYER AT ONCE. IF YOU DO NOT HAVE A lAWYER OR CANNOT AFFORD ONE, GO TO OR mLEPHONE nfE OFF1CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. lAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlls1e, PA 17013 (717) 249-3166 WILUAM T. MOLCZAN, ESQUIRE PA 1.0. #47437 WELTMAN. WEINBERG & REIS CO., L.P.A. 2718 Koppers BuDding 436 Seventh Avenue Pittsburgh. PA 15219 (412) 434-7955 Apr. 7 3 EXHIBIT 2. .------ .- . ~.... ~~ ~~ r'I ,r'I ,.....-...... In C1 C1 l'" EXHlBlT tlj" - , ....J:t."lI~'"~.lJl.ljl '"' 't""--............--, n'~; rH \~\\ :. ~ ~ ' t"'-" \...,. 'f ", 'i 1 .~ , ;...- ,\~~ ;::;~~ ':n. ~~..~O,....I..CO.,I.PJ.,-<('; ,". \~:\ 'i'I"'''~::-~: 'i1"" ~;"'.: _ ... \'\c>:' /" '. ,<!', .... \:ill" ~' : " \iI" .. ,_: <tf 'I'~ ,J-'!; <, ,...-' ._.,.. l:....... ,\' " r ~~. "....,.' " , ...... ,.,.-:::-_ \ \ ~ ~t'q~" ." c,,, .'~...._ ' " II ;, '.::' . ,',> ,;\'",;'1 !.'~~ 11t,~..~"" ~, . '3) t -"... / ,C/ ; ':: '.,' ",,~ ~ .,/ ^"."'/ ,,'};,::~/',, i ' /' \'~'/::) ';;~}" :,~,: ! u/ '/ u.s.pOS'TJ,l.S~ CE;p:n~TiOf~ lII<~"~fCI!!~"""~""'""""'~l)CJES- p!;1'''''''$l\17.,....-?fC' (") ~; ""'-'1f: 0-"{ ___r--' ~~:' q, $,:!l :J}~ -;;.. oc ....- \,..'h ~1"; "'n 0'" ::::::~ S3 - ~ ~ "'" ct"' ';$ ~ 5/ -0 ';$ r:-? v:> , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DISCOVER BANK Plaintiff No. 05-5862-CIVIL VS. PRAECIPE FOR DEFAULT JUDGMENT MALEEHA F MALIK AKA MALEEHA MALIK Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA l.D.#47437 Weltman, Weinberg & Reis Co., L.PA 2718 Koppers BIdg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04542123 Judgment Amount $ 3,843.13 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYL VANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 05-5862-CIVIL MALEEHA F MALIK AKA MALEEHA MALIK Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, MALEEHA F MALIK AKA MALEEHA MALIK above named, in the default of an Answer, in the amount of $3,843.] 3 computed as follows: Amount claimed in Complaint $3,343.] 3 Interest from date of judgment at the legal interest rate of 6% per annum TOTAL $500.00 $3,843.13 Attorney's fees I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with P A R.c.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. W'i By: WILLIAM T. MOLCZAN, PA 1.0.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh A venue Pittsburgh. PA 15219 (412) 434-7955 ~:~ WWR#04542123 ~ Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 820 PENNSYLVANIA AVE ., LEMOYNE,PA 17043. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA , CIVIL DIVISION DISCOVER BANK Plaintiff Case # 0> - ~&i) '2 - crt/.n... MALEEHA F MALIK Defendant(s) IMPORTANT NOTICE TO: MALEEHA F MALIK 820 PENNSYLVANIA AVE LEMOYNE,PA 17043 0) /OR'/06 , Date of Notice: WWR#: 04542123 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND CO~TY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY: JAMES W PA I. D .. WELTMAN, 2718 KO PITT$B I .....~ /1 )M~47--- BRODT, ESQUIRE 42524 WEINBERG & REIS CO" L.P.A. ERS BLDG, 436 7TH AVE. GH, PA 15219 ~- , IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVIS10N DISCOVER BANK Case no: OS-S862-CIVIL Plaintiff NON-MILITARY AFFIDAVIT vs. MALEEHA F MALIK AKA MALEEHA MALIK Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.c. App. ~ 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, MALEEHA F MALIK AKA MALEEHA MALIK 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, MALEEHA F MALIK AKA MALEEHA MALIK is not in the military service. Further Afflant sayeth naught. wA'r AFFIANT ' AND SUBSCRIBED in my presence this e. ,__JI'I.b.....".. ~ot. __---r-- / /)) .'----\ No\llnal seal l'obllC wer<lY l Ga~\~:'~ny COi~ G"I0l1'i\\SbO'9 , . esJolyj5, III I CommiSSIon 10'4>" . .."..-' \j ,.-', ....,.....~_....,~ ,,~-p.;;....~ This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Page I of2 1 Department of Defense Manpower Data Center .. Military Status Report _ Pursuant to the Servicemembers Civil Relief Act JUN-03-200607:32:19 < Last Name FirstlMiddle Begin Date I Active Duty Status I Servicel Agency MALIK 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. ~~6-~ Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209"2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. SS 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain (urther 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 ofDOB, 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 SeRA points-of-contact. See: lillP-:/ /WWYi,def~!1s~link.mil/faq/pis/PCQ2.S.LJ2R.h1ml W ARNlNG: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scralowalscra. prc _Select 6/3/2006 Request for Military Status , by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:FBNAZYXXRC https://www.dmdc.osd.mil/scra/owa/scra.prc _Select 6/3/2006 0n '" 't p \ "0- -CJ ~ Ii \) (") ...~ ;-:--) c: ,:.;.,::l f C) ~~ 0' "- ~ ~ ~ ~ ~ N - C> w ....... ~ ...... "[;j ~ 'D 2~ ~ - r- -+- - .. ,t- o- :.0 0" -< t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION DISCOVER BANK Plaintiff vs. Civil Action No. 05-5862-CIVIL MALEEHA F MALIK AKA MALEEHA MALIK Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Orde]r or Judgment was entered against you on l.v<>~ 11 UXJh 1 (xx) Assumpsit Judgment in the amount of$3,843.] 3 plus costs. () Trespass Judgment in the amount of $_ plus costs. () lfnot 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 ofJudgment of () Court Order () Non-Pros () Confession (xx) Default () Verdict () Arbitration Award Prothonotary 'f~: ~~~ ~~4J1"~ n OT . i DEPU Y) MALEEHA F MALIK - AKA 820 PENNSYL V ANlA AVE LEMOYNE,PA 17043 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085