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HomeMy WebLinkAbout02-1734EDWARD STOCK, ESQUIRE I.D.#13657 18th Floor 1608 Walnut Street Philadelphia., Pa 19103 (215)893-9322 Attorney for: Plaintiff DISCOVER BANK, ISSUER OF DISCOVER CARD BY ITS A(~NT DISODVER FINANCIAL SERVICP. q, INC. P.O. Box 6011 Dover, DE 19903-6011 Plaintiff vs. MARGARET G. MITSIOS 1646 Ced~ar Cliff Drive Camp Hill, PA 17011-7714 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Defendant . "NOTICE "You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personall or by' attorney and fflin~ in writ. in- ,,.~,~ ,~- -- - y fences or ' ' ~ . ~ --.~ ~.e court your ae- , objections to the claims set forth against you. You are ~Voaru na~dd ~a..t._~f~you .fait to .do so ,the .case .may proceed without ~., ~ juugment may oe en~erea against you by the court wm~out further notice for any money claimed in the complaint or for any other claim or relief requested by the lain · . may lose mo~,ey ~ p=gnerty or other rights im~ol~tan~Stt~ yYo°uu. "YOU SHOULD TA!cE THIS PAPE~ AT ONCE ~' YOU ~ N~ ""-- '.~ w~ nav.: A LA~ER OR CAN NOT ~FO~ D ONE. ' ' - SET G~~ L~ HELp. ' ~u ~u UUT WHERE YOU CAN ~ eaca.s oemanctas expuesta$ en las paginas sigaientes, usted tiene veinte (~0) di~is de pla2o al pa.~dr de la fecha de la demanda y la notifieacinn. Hace faire asentar una comparencia eserit~ o en persona o con un abegado y entregar a la eorte en forma escrita sns defenses o sus objcei- ones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomard medidas y puede eontinuar la demanda en contra suya sin previo avise e notifi- cacioh. Ademds, la eorte puede decidir a favor del deman- dante y requiere que usted cumpla con tedas las provisinnes d,e esta. dem,anda.. Usted puede perder dinern o sus propieda- nes u orros aereenos importantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATA- MENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DIN- ERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLA~ME POR TELEFONO A LA OFICINA CUYA DIRECCION 'SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator One Courthouse Sc~3~re Carlisle, PA 17013 (717) 240-6200 EDWARD STOCK, ESQUIRE I.D.#13657 18th Floor 1608 Walnut Street Philadelphia, Pa. 19103 (215) 893-9322 Attorney for Plaintiff DISCOVER BANK, ISSUER OF DISCOVER CARD, BY ITS AGENT DISCOVER FINANCIAL SERVICES, INC. P.O. Box 6011 Dover, DE 19903-6011 Plaintiff vs. MARGARET G. MITSIOS 1646 Cedar Cliff Drive Camp Hill, PA 17011-7714 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. O~ -- !72~ CIVIL ACTION COMPLAINT IN ASSUMPSIT 1. Plaintiff, Discover Bank, issuer of Discover Card, by its agent Discover Financial Services, Inc., is a duly organized banking institution under the laws of the State of Delaware and has a principal place of business at the address contained in the above caption. 2. Defendant(s), Margaret G. Mitsios, is an adult individual and resides at the address contained in the above caption. 3. After application by the Defendant(s) to the Plaintiff for a credit card account, which application was approved by the Plaintiff, the Plaintiff issued a credit card to the Defendant(s) so that the Defendant(s) could make purchases from merchants, on credit, who had established a business relationship with the Plaintiff in regard to the same. 4. Plaintiff attaches hereto a copy of the standard Cardmember Agreement to this Complaint as Exhibit "A" which contains the terms and conditions of the undertaking between the Plaintiff and the Defendant(s). 5. Thereafter, the Defendant(s) utilized the said credit card on various and sundry occasions. 6. Plaintiff attaches hereto as Exhibit "B" to this Complaint, a true and correct copy of the last monthly statement in regard to the activities in connection with the Defendant's account and also attaches hereto as Exhibit "C" to this Complaint, an Affidavit from the Plaintiff attesting to the present balance due the Plaintiff from the Defendant(s) in regard to the said account. 7. Notwithstanding repeated requests and demands of the Plaintiff upon the Defendant(s) to satisfy the outstanding indebtedness in the sum of $12,516.25, the Defendant(s) has and still refuses to pay the same. 8. As a result thereof, Plaintiff has been forced to incur reasonable attorney collection fees in the sum of $1,877.44 in an attempt to legally enforce collection of the debt due it from the Defendant(s), which reasonable attorney fees are the responsibility of the Defendant(s) to pay in accordance with the Cardmember Agreement. 9. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND A_NY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. W}IEREFORE, Plaintiff, Discover Bank, issuer of Discover Card, by its agent Discover Financial Services, Inc., demands Judgment against the Defendant(s), Margaret G. Mitsios, in the sum of $14,393.69 with interest and costs.i/' DATE:/__~_~_~_~_~ ~ ~ VERIFICATION EDWARD STOCK, ESQUIRE, Attorney for Plaintiff herein, verifies that the statements made in this Pleading are true and correct and that he is authorized to make them on behalf of the Plaintiff. He understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Sec. 4904, relating to unsworn falsification to authorities. EDW~E ~ ~y DUC~VE~° CARDMEMBER AGREEMENT i~leuse mad this Agreement ourelull¥ be[ore using your Prlvete Issue' Cant ccount. It contelus the terms and conditions o/your/[Acouof, come el which may have Changed Irem earlier mateduis pmflded th yon. In the event o! any differences, Bis Agreement shall coutrel. AGREEMENT TERMS. The word 'Account" means )'our Private I~ue Card Accouof. The word 'Card" means any one or mom Private issue Cards issued to you Or someoue clse with your authorization. The words "yo~,' 'your,' or "!~o, uts' m. fer to ~ ad~'. '.d~n~ ~u, .t~ Caxdmamber, eny Other person or persons ~o are mso comrac~uzqy mine un,er this AOmame~. 1he words 'va," 'us' and our" refer to Greenwood Tmet Company, the issuer of your Private tssna card. ACCEPTANCE OF AGREEMENT. The uso of your Account or a Card, by you or anyone'whom you autho,'ize or permit to use your Account or a Card means you accept this AoreemenL ' USE OF YOUR ACCOUNT. Your Account may be used thc. · Purchases - to purchase or lease goods or sefvk:us from NOVUSsM Netwod( merchants by presenting your Card or account number. , Cash Advences .to ob~n cach advances at NOVUS cash Nniworke auto. mated tetler machines, from p~rticipaftng financial institutions or other locations, orby means of checks which we m~y furnish to you, all in accordance with such additional !erms and coeditJons as may be imposed from time to time. In addition, your t ccount maybe used to guasntse hotel re~rvat ona at participating embl~ments. You will be liable for guaranteed resections that am not ~ar~ed pdor to tho timo sl~:hqed bythe astabllshm~nt You agmn that yoo ~tt o~ use your t~:connttor personal, fami~, household and .cha. fitable paqxr~s. ¥o? ,~ount r~ not be u~l for hu~inass or oum- mem~.perpoS~ orto ~n loans to pumhase, mw/or ~de in sasu~iti~. !?.ed.d~don, your _~.~nt me~ not I~ used to pa~ ~ mum !m ~ under mjs Ag..re. emenL..P.'.n?'., th ifs use, each card mnst be signad by the porsml to wrmm it ~s issuen, we am not responsible for the mfusel of anyone to accept or honor n Card or to accept checks bat we have pro~ded ymJ. You must return any card or unused checks to us upon request. AUTHORIZED USERS. If you want to cancel the authorized or .permitted use of your Account by another pemon, you must notify us in wdUng or by tele- phone and destroy uny card in that pason's possession. MEMBER Ne= ~ WORK LIABILITY FOR UNAUTHORIZED USE. If a Card is lost or stolen, or if you think that someone is using your Account or a Card without your permission, notify us immediately. You can notify us by telephoning 1-800-4PI-CARD (1-800-474-2273), or by writing PRIVATE ISSUE, PO Box 15806, Wilmington, DE 19886-5806. You may be gable for the unauthorized use of a Card or your AccounL You will not be liable for unauthorized use that occurs after you notify us, by phone or in writing, of the loss, theft, or possible unauthorized use. In any case, your liability will not exceed $50.00. CREDIT LIMIT. We will advise you of your credit limit. We may increase or decrease your credit limit from time to time. You agree not to exceed or attempt to exceed your credit limit..You will exceed your credit limit ff you allow your unpaid balance, induding'Rnance Charges and fees, to exceed your credit limiL Your credit limit will not include the amount of any credit balance in.your kcccnnL PROMISETOPAY. YouagmetopayusinU.S. Oollar~fcrallpumhasee cash advances and balance trdnofem, including 'applicable Rnence Ghcrgee and other charges or fees, im;urmd by you or anyone you authorize or permit to uae your Account or a Card, even ff you do not notify us that others am using your Account or a Can:L We wig convert pumhanas and cash advances made in a foreign ourrenny to U.S. Dollars at a rate existing on the date of ccnver- sion. If you pay us in other then U.S. Dotlars, we may refuse to accept t~ payment or we may charge your Account our cost to co~vert your payment to U.S. Dullas. AA checks must be drawn on funds on deposit in the U.S. If your ACCOunt is n joint N:cam~t, each of you agrees to be~bis individually and jniWdy for the entire amount owed on your N:counL We can accept late payments or prgaJ payments Or checks and money ordem marked 'payment in full' or with any other, mst~ endorsement witho~ losing any of our rights under this AgmemenL MONTHLY BILUNG STATEMENT. We will send yotlla b~ling statement after each monthly baling ~ded in which you hav~ a debit br credit balance of $1.00 or more. The bill'mg statement wi[I show ~ pumhaseS, Cash advances, baiacce tnnafas; Finance Charges and other charges-or fees and all pay- moots or other credits pastad to your Account during the billing period, it will show yoe~ New Balance, Minimum Payment Du? anti PaYment Due Date MON11~LY PAYMENT OPTIONS. You may at any time pay the entire New Balance shown cc your baling statement, but each month you must pay at least the Minirfi6m Payment Due. All payments must be mailed Or dalivered to us in Delaware at PO Box 7061, Dover DE 19903-7061 or by using the envelope endoued with the statemenL NI payments will be applied us deter- mined in our discretion. We rasen'e the right to apply payments to balaccus oubject to inwef AonusJ Pefl:antape Bates, such as apecial mtn balance Irons- fas prior to balances subject to higher Annual Pasentape Rates. MINIMUM MONTHLY PAYMENT. The Minimum Payment Due each month will be the sum of any amount past due, and the minimum monthfy peymeflL The minimum mouthfy payment each month will be the greater of $10.00 or an amount equal to 1/4801 of the New Balance rounded to the next higher whole dniiar amount. However, if the New Balance is less than $10.00, the minimum monSdy payment will be the amount of the New Balance. You can pay ahead. The Minimum Payment Due for each monthly hilling period will be reduced by the amount you have paid in excess of the Minimum Payment Due in any of the three previous monthly billing periods, less any portion of the excess already used to reduce payments. However, there will be no reduction EXHIBIT "A" if you have exceeded your credit ffmit or you have paid the entire New Balance show~ on your biffing statement. There wlll aJ~ be no reduction if your An- count is'not corroof, has not been paid in an accept~le monner 6r is othenvice not iq.g,.ond .st~.ing. ..-.,.. . .... CREOIT ifALANCES. We vail refund any credit hat'ce W:~n seven bus[ceOs da~s from receipt of. your written ~luest. if you do not request a refund, we wiff automeitcagy refund credit balances greater thon St .0~ which remain in your/V:coont, ahar two bill .ipo l~.,dnds. : · BALANCE I'R~FER$. Wi ~ pedndk:afly offer yod the oppodoni~ to tre~.S(ei' becqnons frpm other cradit ca~ qcconnta to YOu r ./.~a:ounL Each offer will con,in an ~ spin:iai rate, Which will be the Ann~ Pe~nteoe Rate that va'Il ~oply to.bansfon'ed b~ances for the lime period specified in the offeE, iARar the ~lllratJon ~f this time pe~xl, the Annual Percentage' Rate that ~ppries for p~mbeses will ap~ to t~emd bai~ Baionce tr~ns- fora supject to the inif~l special rate a~'rof~rred to as el:~ rate baionce tranofera; halanc~ tnnsfera for Which the ~ el~-"l~ rate has ex,ired are rofen'ed to as pomhase m. te be~once b'ansfers. ' - ' ~ch offor ~ co~in'~ ~i~ ~. ff.~,'~t~pt to t~er b~no~ a casf~ "oN'anc~ We wiit not mai~ baionce b'"w~'fera attempted ~ means of a PERIODIC FINANCE CHARGES. Pefledlc Fiannce Charges . .~pt as .e~nad below, Pe~:lic Rnanoe Charges are imposed on pur- onasns, uasn advances and ha[once trarefera from the date the tmnsa~on occurs to the date of repeymnnL ff the t~'ansastion is posted to your Account ~r the close of the bfffing podnd in which if occurs, we will trest the trancac- tJon 'as having occulted on the first day of the billing porJnd posted ~o your ,e~:onunL We wiff assess Pedndic ~n,~no~ Charges as toitev~: (1) Current B~rmg reded Pedaa~c Ronnoe CI~ ~e imp~ed fo~ the cunant b~ng perkxl on your nsaY eaJances of pumtdses, cash aavanons ond baJoncu bonefers febyratha appffcabie.Da, ffy Pedod'c Rates. Only spe~ rate be~ trane- are indudad m the daif'/balance of baionce transfers; purchase rate balance transfers are included in the deity balance of purchases. At the end of the billing porind, we add up the results of these daily calculations to dat~.ina your Periodic Ronnoe Charges for the bitling period. For cash advances, the daily balance is calculated on each day by first adding the following to the previous day's daily balance: cash advances made that day, Transaction Fee Rnanoe Charges for cash advances made that day, and Periodic Finance Charges charged on the previous day's ~..b~lan .~; and by then subtracting any credits and paymeofs that are applian against the balance of cash advances an that day. ~r~ .L~., u'~nsfers, .~. ~/.be~ance is re.dated on.ch ~ by first alng me toitowi~, to. t~e. prevtoua ~ davy balance: .belonce. transters made ~t day god Periodic Rnance Charges charped on the protons da./s daily balance; aed by than subtra~ng any credifs and payments that are applied against the balance of balance transfers on,hat day. On the first day of the on~nt billing period we aL~o sutWact from the balance those balance tmnsfem that become purchase rote bahnoe trensfers on th:~t day. (2) Previous Billing Period Periodic Finance .Cltanpes are imposed for the pre,gus billing period on pre~ b!iting penoa pmchases, cash advances and balance transfers u.~. Penorffc Finance Charges were.already imposed for that billing penno, oryou paid the New Balance shown on yonr previous billing sfate- merit by the Payment Due Date. To compute these charges, we nse the same method of saiculadon that we use Iff caiadadng the Periedk: R- ~noetheC ~.~or ~ on_rrent b. ffiing period, as llesc~tbed above, except uatly Periodic Rates are applied to daily balances of purcha.ces, sash advanons and halance trensf~ for asch day of the pre- above, ..with.the 'peev'~ns day's d~ balance' considered to haw been zero on m.~,~ day o..f the.blUing pe~. (3) t)agy Periodic Rates and Annual Percantape Rates ~Tt'~n Daily Periodic Rates applicable to pomhases and cash advances for onlTont billing period and the pre,gus biffing ~ded are based on the ual Pereenteoe Rate in effect for each biffing ~tnd as determined below, me Daily Pedndin Rates for each billing period m 1/365th of the Annual Pementage Rates in effect for the billing period. The Anhual Per- ~n. tage Rate for pumhases may be changed it you change yodr Financial upifon, ns explained below. Fro' porpases of this Agreement, the Prime Rate is the hIohast rate of intemef Lsted as Iha 'prime rote' in the meeey rates seefio~ of The Wail Rate changes, h Annnal Pereontape I{a~ns vA1[ chnoge begbmlng on tbe fi~ day of the first bitifngpeded which begins In the calendar month foitowi..ng .l~e chonge kl the Prima Rate. Inoreases in Ule Prime Rate mey cause me uaRy Perindis Rates, Periodic Rnance Charges and Minimum Payment Due each month to increase. The Prime Rate is merely aprin- lng index and daes not r~9. resent the Ioweef or best interest rate available to a borrower at any particular hank at any given time. (4) Annual Percentage Rate for Purebases the Cashhack Bonus Award option. You may change your Financial Option, but no moro thon once during each aon~r/year, as defined below. The Annual Pe~entage Rate ter purdases m~y change as a re- soft of a change in Your Financial Option beginning on the [u~t daynt ~ bliting p~flnd which begins intiowing the change In the Financial Option, Ann~rsary yonr is ~e one-~ pefled comp~siq the first twelve bill- ing periods of your N:onunt. and etch suceesse~ one-year pe~xl com- p rising h,,~,,Iv~ bliting pe~. For the Cachbadc Bon~Us Awed optioo or th~ 5% Interest Rabete 'o~on, ~e ANNUAL I~ER~NTN~E PATE for purdasas is Pdm~ Rate plus 8.9 p~rcont~ge point~:.'For the Rate Mv'~ege ~ the ANNUAL PER- CENTAGE RATE for pon:i~sas is P~ime ~ plus 5.9 per~:e~ge points. These rstes have a minimum of lf.9%. ' The Daily P~ndic Rat~s ~nd ccn~d'm AAnoai P~ge Rates In effect on ,U~,. dats this Ag~ is furr~sbed to yon ~ set inrth In the ~o~ AddTU~ ur~ca~er. - (5) Ann, mi Pernsnfqe Ra~e fur Cash AdvaACus The ANNUAL PERC~ITAGE PATE for cash ~va~:es is (a) 19.8'/,, when the Prime Rate IS'~hon 10.9%,ond(b) P~me kate plus 8.9 pe~- a0e points, when'the'Prime Rate is 10.9% or moro. ~ ~ Periodic (6) Armu~'J'ereentag~'l~'~e fur Baianco Tr, msfe~s The Oaliy Periodic kate and cormspooding Annoai Pemeutage Rate in effect for special rate balance Irsusfers ~1 be set forth In the offer from us under which you ma~e the balance beA.~ec As k~icatad in I~ Bal- ance Transfers scctlon Mx~ve; pun:base rate balance b'~nsfers vri~ be subject to the Datiy Periodic Rate and correq~ng Anonal Pementage Rate ttmt apply to pUmhasus, ff yon reeeivod as ofter priur to your re- ceipt ~f this Agreement. the ~'ly Pe[~xlic R~es and Annus[ Percentage Rates in effect on the date this ~roemem is Inmisbed to you are set forth in the enclosed 'AddiOonal Disclosure" ur eard cartier. TRANSkCTION FEE FINANCE CILqR(~ES. We ~ c~rge you e TraCon Fee FINANCE CPARGEof 2.5% of ~ amount of each new cash advance. T~ere Is a minimum Tr~ns~ntkm Fee RNANCE CHARGE of $2.0e and on ma~- mum Tnmsacttee Fee RPANCE CHARGE. The Impedtinn of Trausas~ r~e RNANCE CPARGES may m~uif In on Annoai Pen:e~ape Rate ter ccsh ad- nssh =chances, including the use of ched~, [egamlass of the purpose for which used, em subject to Tron~ Fee PAance Ch~. To obtain the total Rnanco Charge off sash advances for each biffing period, we add any .Transaction Fee R..nonco Cl~arpes fro'the b~ling pe~od chided u.oder this sec- tion to any Periodic Fmonce Charges caic~ated under ~e Periodic fiuence M[NfMUM PERIODIC RNANCE CHARGE. We vffft cha~e yon a minimum Periodic RNANCE CHARGE of $50 for ony btirmg period in whk:h some peri- ndin FIIqL~ICE CHARGE of luss Ihon $50 weald o~ be imp~KL a nrmrefundabte Ann~ Fee o~ $f8.00. The Annod Fee is waivod inr ine tim $1,000.OOintTonsactious during your provious ann~rsary year. tiyou change your Fmoncial OpUon from the 5% Interest Rebate or the Rate Advantage option to the Cashbask Bonus Award option and have met the requirements a pro-rated Annual Fee for the mmainde~ of the onnNerea~ year. It'.applisabla, the Annual Fee Wili be chargod at the beginning of each asnNer- sary year ~at your Account is renewed, unless yop.n~fy us not to renew your Account. You may ~ more than one Card per Ascount. but sbll be . .~. ~d only one Annual Fee for that Account. RETURNED CHECK FEE. We Wili charge you a Reinmod Check Fee of $15.00 · each time you pay us with a check that is returned unpeid. This lee Wili aiso apply if a dchif lrsnsac'don to a deposit account from which you have ~utho- rized us. in v~ng to periodically deduct ali or a part of an mount you owe us underthis Agreement is mthmed~npeld.' . LATE FEE, We Wtii charoe you e Late Fee of $20.00 if you laJ1 to ma~e a required payment within 20 days after the Payment Due Date In any month. O~A~RuMrr FEE. We v~l charge you an Ove[~uui~ Fee of $15.00 ter each bti~ng period In.which yon e._~'~,~ed_, yoq. r credit limit. This fee may be charged evon if the trsnsactkm which senses you to excecd yonr Crodti limti is autho- rized by us 6~ if you e~ your aedit limit due to the posting of rmonce charges ur lees to your kconunL REsF~cH FE~ We mey char0e you e Rasanrch F~e of $5.00 fur each eapy of ,, bliting'ntatement or ~ns slip that you reqiJnst. Howeve, ~ VAll not cl;~arge ~.!ee if you roquest ~pins in com~entidd v~h a blirmg errur REPLACEMENT CARD FEE. We may charge you a Replacement C~d Fee of $2 no fur each replacement Card we issue on your Account. DEFAULT-COLLECllON COSTS. Yon are in default if you become insolvent, if you rite a benknJptcy petition or have one fi[od against you, or if yon laJ'l to comply ~ the terms of this Agreement, tncludin0 failing to make a required peYmanL whoa due or exceeding Your credit limit. If you are In default and we refer the collection of your Account to an ~tinmey, we may charge you reasonable atlm~eys' fees and court or Other coflection costs as permitted by tew and as asbJaUy Inonrmd by us. C/~NCELLAllO#. Yon may saonel your Acouunt by no6f~ng us in wTifieO o~ we have preddod you. Of coume, yoo vA1 nttil be rasperm'Me to pay any amouflt you owe us according to the terms of this AgmemanL ff your Account is a joint Account. each of you may cancel your Accou~ We may canoel or suspend your ,~ccouut ~t ~y time without notice. We may also declare the entire balance of your Account immediately due arid ~ble Wit~ut ontice if yo~ are in dofonff, if we haYe o reasoueble ber~ that yon ~re unable ur unwtilino to repay your obligations to us, if you ~ insolvent, if you rde · beuicnJptoy potition ur have oon filad aoainst yon or if you die. Wemay cheuse ont to rscow your Aconunt (beyond the expirs~fl date showe on the faco of i Card) wffhout notion. PRIVACY. We mayinvestioate Your crsdiC empnymont and ~ reonrds aAd qmdfy your ored'ri roferoncos. We Mso may repod to credit reperting lOenofes and other creditors the status Ind poyment histo~ of your Accouflt, inc~ng nepttve uredif information. We normally repert to such credit reporting agencies each month. We will not release this informaUon about your kccmmt to any other party without your prior written permission ~gr legal process. However, If you am ~?faulC you ~ ~ terms of this reem. eut o.r ~.~'d.e.a ~inuptcy .p.p.l~Uo, or ~ one ..md aoainst you, we .onaflg o~r noms undur this q~ement. We may also include your name and addmse and ot~r IdentifymO Informahon o~ li~ of Curdmembers ftoUm]ched~te comp~ ~el.rq'pred utes'Of q.h~Xces.~lut may be of luterest., you. cur supe/~sury p~el may listen to or record telephone calls be .tw?~ you a~.d'hor' re .pr:P, entefives In or;der to evaluate the quality of our ~ m.Q~Jr.uazam, emHrs without noUce to you. We may use q~omated. ep nee qmpmem or prereCOrded telephone calls to cofltect you about your kccounC CREDIT AU'[HOR .IZA. 110fi$..Ceftin.. ~ pun:fl,~ and ~ advances wig YmJ~may se aSlrea to pro'~ae Ideflthlcutiml. IT mJr ~n systat1 Is not CHANGE OF TEI~MS. We may change any tom ar pad d thli Agr~i~meflt, Ineludi,g'enn finance charge nt~, fee or mefhod of complbg ann balance Ip?. ~l.cb. ~.e q '.u.n~ r~e I~ t~d, by cendlq 1re a ud~en'nutl~e n! ea~ au uay~ cetera me chan~e In to became oflecl]u. We may npply any ~ .c.~...nge. th the'oof~aodiag bdnce of pm' k:co~ on the'effective .aLe.m me cl~e~e and t~ new clmie~ made after that date,."lf po do not ~a~nte ~.e. chan.~e, y.o~ m~ nfiP/,~ h udtthg ultf~ 30 da~ after the .. g o.m.e?.ouce nme cnenge at the addre~ prodded b the nofise of cnonge, m w~tcn case Four Accohht'~'ll b~ c o~ed end yea'mustpF/~ the bate.ACe. ~t p.'Q'O~ ~ coder the existing torm~ of the n~aqed Agree- menc. umen~se 'you Ufil lure agreed to the chocge~ hthe'6Mice. Use of your A~OUt ~flur Utelefle~ve d~ of.the change wiif be deb~ed i~cep- lance of the new.terms ac of such effective d~, even If you prev~necly n~fied us that you did not f, gme to the change. . CHAHGE OF..ADDRESS. ff yeu change your address yen must nuth'y us of Ye~r new a~ress wifhln 15 days. . · to y~)u. Yo(f mnn nof sell assign or bsf~er GOVERNING LAW. 'i'Ms Agreement wfl[ ho gatrefaed ky fire hms of the State.of Delaware and appiisable federal laws. fi any part of this Agree- fl'~c ~recomea u~morceabie, If ~t not nuY, e any obr p,M unenforceable. Greenwood Trust Company PRIVATE ISSUE DISCOVER payment due date Ootober 3(' '1 m/n/mum payn..,, due $2,124.00 I,,.111.,,111.,,,,11,,,111,,,11.,,I,,,11,1,,I,,.111 T000170 MARGARET MTTSIOS ].646 CEDAR CL]:FF DR CAMP HTLL PA 170].].-7714 $o.oo a~num~r 6011 3080 3003 6736 enter ~moutlt en~o~ed $[ , ISave up to ~ on Pharmacy and other health] ]related expansea w~ PlanPlus from Health Banef~ ]Servicea In~. Call 1-600-527-7763 to enroll in youq ~:h~¥ FREE trial membership. Refer te 0195E ! Addre~ or telephone chan~e? P/ease print c/range in ~e space above. ro aox ~ooo II1,,,11,,,.11,.,,11,11.1 DOVER DE 19905-6000 I,,,lll,l.l,l.ll,,,,,ll.ll.ll..li,.ll,.ll,.ll..,I,II 0000060~308030036736000000000000000~q00 Closing Date: October $1,2001 pogol of 1 Rate Advantage Ourrent Rale Advantage Annlvemarydate: Oe4obor 6 14.49 % Private Issue AP.~ount Summry ag~ount number 6011 3080 3003 6736 pret//ou~ baianee $12,516.25 nredit fimlt $11,900.00 paymenlB and amd/la 12,516.25 ¢=redlt available $0.00 puroh~ + 0.00 __,~_h =red/t #m/t $;,960.00 oash advano# + 0.00 cash oredit available $0.00 balenee Iran~em + 0.00 FINANCE CHARGE9 + 0.00 newbaianoe = $0.00 Transactions Payments and omdlt8 trans, post dllte data Oet 31 Oat 31 INTERNAL GHARGE-OFF $-12,516.25 Ave....raga Dally ANNUAL Pedodlo Fee B~n~ Ra~ ~S C~GEB C~RGES Plan ~t ~#1ng pe~: 25 da~ Pu~ ~ 0.039~ 14.4~ ~ n~e v~ab~ ~ A~an~ ~ 0.0~ 19.~ ~ ~ ~ Questions? Call 1-800-4PI-CARD (1-800-474-2273). For TDO (Teh~omr~unicatlon Oevk=etor lhe Deaf) assistance, eae reverse side. Send billing error nome to: Private Issue; P.O. Box 15192; Wilmington, DE 19850-5162. ATTORNEY: EDWARD STOCK & ASSOCIATES, LLP 6011308030036736 BALANCE: 12516.25 CARDMEMBER(S): MARGARET G. MITSIOS STATE OF OHIO COIJNTY~.F~IN · personally appeared before me, this day and after being duly swor~, according to law, upon his/her oath and says: THAT he/she is an account manager for DISCOVER FINANCIAL SERVICES, INC. the servicing agent of DISCOVER BANK, an FDIC-insured Delaware state bank. THAT in their capacity as Account Manager Affiant has control over and access to all records regarding the account of this debtor; further that the Affiant has personally inspected said account and statements regarding the balance due on said account. These Records are kept in the normal course of business. THAT the undersigned Affiant being duly sworn deposes and says that there has not been a knowing violation of the State Consumer and Credit Laws regarding this transaction. THAT the annexed statement of account, in favor of DISCOVER BANK is a true and correct statement and there is now due and owing to DISCOVER BANK, the sum over and above all legal set-offs. 'Attached' hereto as exhibit A is a copy of the terms of the account which we forwarded with the charge card to the Cardmember(s). THAT to the best of the Affiant's knowledge and belief the defendant is employed in civilian life and by reason thereof is not engaged in the military service of the United States and is a resident of the State and of the Country in which this action has been filed. THAT this affidavit is made on the basis of Affiant's personal knowledge and in support of Plaintiff's suit on account against said Debtor. Affia~ NOTARY PUBLIC, STATE OF OHIO MY COMMISSION EXPIRES OCT 1 6 Sworn and Subscribed before me this ~ day of ~,~t~c~f~9_ ~ \ NOTA/~Y ~ ~ EXHIBIT ,,~, SHERIFF'S RETURN - REGULAR CASE NO: 2002-01734 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DISCOVER BANK VS MITSIOS MARGARET G J MICHAEL ICKES , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MITSIOS MARGARET G the DEFENDANT , at 0855:00 HOURS, at 1646 CEDAR CLIFF DRIVE CAMP HILL, PA 17011-7714 on the 16th day of April , 2002 by handing to MARGARET G MITSIOS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this 2~ day of A.D. ~Pz~othonotary So Answers: R. Thomas Kline 04/17/2002 EDWARD STOCK t D~put~ ~S[~e~iff