HomeMy WebLinkAbout02-2030
EDWARD STOCK, ESQUIRE
I.D. #13657
18th Floor
1608 Walnut Street
Philadelphia., Pa 19103
(215)893-9322
Attorney for: Plaintiff
DISCOVER BANK, ISSUER OF DISOOVER CARD
BY ITS AGENT DISOOVER FINANCIAL SERVICES,
INC.
P.O. Box 6011
Dover, DE 19903-6011
Plaintiff
COURT OF COMMON PLEAS
OF amffi~ COUNTY
CIVIL ACTION - LAW
vs.
MIKE CLOUSER
8 Village Road
Mechanicsburg, PA 17050-2632
NO. tJd -;)030
tud
Defendant
CIVIL ACl'ICN
"AVISO i \
"Le ban demandado A usted en la corte. Siusted quiem _ {
defenderse de estas demandas expuestas en las paginas
"NOTICE siguientes, usted tiene veinte (20) dias de plazo al partir de
la fecha de la demanda y la notificacion. Hace falta asentar
"You have been sued in court. If you wish to defend una comparencia escrita 0 en persona 0 con un abogado .,
against the claims set forth in the following pages, yo.u must entregar a la corte en forma escrita sus defensas 0 sus objecl-
take action within twenty (20) days after this complamt and ones a las demandas en contra de su persona. Sea avisado
notice are served, by entering a written appearance personally que si usted no se defiende. la corte tomara medidas y puede
or by' attorney and filing in writing with the court your de- continuar la demanda en contra suya sin previo aviso 0 notifi-
fenses or objections to the claims set forth against you. You are cacion. Ademas. la corte puede decidira favor del deman- .
warned that if you fail to do so the case may proceed without dai'lte y requiere que usted cumpla con todas las provisiones
you and a judgment may. be entered against you by the court de esta demanda. Usted puede perder dinero 0 sus propieda-
without further notice for any money claimed in the complaint des u otros derechos importantes para usted.
or for any other claim or relief requested by the plaintiff . You
may lose lUOlle~' u< P"I'Derty or other rights important to you. "LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATA-
MENTE. S1 NO TIENE ABOGADO 0 SI NO TIENE EL DIN-
"YOU 8HOULD TA!{E THIS PAPER TO YOUR LAWYER ERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN
AT ONCE. II,' YOU Do NOT HAVE A LAWYER OR CAN- PERSONA 0 LLAME PaR TELEFONO A LAOF1CINA
NOT AFFOHD ONE, GO TO OR TELEPHONE THE OFFICE CUYA. DIRECCIONSEENC.UEN:rnAESCRlTA. ABAJQ_~ ..,'j
- SE'J:, FClRTl't"J3EL(JW. TO 'FIND UUT WHERE YOU CAN FAR:AA'iEIUGUAR DONDE SE PUEDE CONSEGUIR : .
GE''1' LEGAl. HELp. ASISTENCIA LEGAL. ' i
---- LAWYER REFERENCE SERVICES i
One Courthouse Square
4th Floor
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
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
vs.
NO.
MIKE CLOUSER
8 Village Road
Mechanicsburg, PA 17050-2632
Defendant(s)
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), Mike Clouser, 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 $12,574.79, 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 $3,143.70 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 ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
WHEREFORE, Plaintiff, Discover Bank, issuer of
Discover Card, by its agent Discover Financial
Services, Inc., demands Judgment against the
Defendant(s), Mike Clouser, in the sum of $15,718.49,
~..
with interest and costs.
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.
.--~
Dl/ceVERB
FINANCIAL SERVICES c..\RQ
CARDMEMBER AGREEMENT
~~~
Plme read this Agreement carefullv before using your Discover" Card
Account. II contains the lenns and candillans at your Account, same at
....hich mav have changed from earlier materials provided to vau. In lhe
event at any differences, Illls Agreement shall c:mtral.
AGRE:ME!lT TEilMS; The word 'Account' means your Discover Cord Ac-
count The word 'Card' means any one or more Discover Cards issued to you
or someone else with your aut!loriZation. The worcs "iou'. 'your', or 'yours'
reter :0. In addition to you, the Cardmember, any other persen or persons who
are also contractually liable under this Agreement The words 'we'. 'us' and
. our' ~eter to Greenwood Trust Company, the issuer of your Discover Card.
ACCEi'TANCE OF AGilEEMElIT. The use at your Account or a Card. by you or
enycne wham you auttTonze or permft to use your Account or a Card. means
you acc:ipt tills AGreement
USE OF YOUR ACCOUNT. Your Account may be used tar.
. p."=as - to purchase or lease goods or servictS from NOVUS'" Networ1c
melti'.ams by presenting your Card or account nu~ber.
. Cash Advances - to obtain cash advances at NOVUS Cash NetworX- auto-
mated teller machines, from participating financial Institutions or otller
lCC4tions. or by means at checlcs wilich we :nay furnish to you, all in
ac;ordance with suc.'! additional terms and conoitians as may be imposed
from time to time.
3aJance Transfers - to trulsier baJanc.."S from other credit card aCCllunts by
means at balance tr.nster coupons or c.,ecl<s. in accordance with such
acoitienal terms and conditions at otters tilat:ra made from time to time.
In additien. your Account may be us8d to guar.ntee hotel reser/ations at par-
tic:cating eS-.abtishments. You wifi be iiable far ~uaranteeo re~ervaiions that
are nct cancelea orior to tile time soeciiied by the eS1ablishment.
You agree ~~al 'leu wiil cnly use your Account for :ersonal. famiiy, household
ano C.~;;r.:able pu~ose:;. Your Accounr may not be used far business or com-
mere:'; aurposes or to obtain loans to purchase, :.my or trade in securities.
In a.:c:tion. your Account m.-y nOI be used to pay a.;y amount 'IOU awe under
:"1. .-\qr~:r.enr. Prior to its use, eac.'! Card muS! :e siqnea by the person to
wnom ~:s issued. We are not responsible tor:he refusal at anyone to ac:apl
or ~Cl1or i Card or to ac::SOI c:JecI<s tI1at we have orovided you. You mUSI
rerJr.1 aIr{ Cord er unusea checl<s to us upon reauest.
Aur.~ORIz.:"!l CARD USERS. If you want to c:ll1~1 :he :!llthorized or aermit-
tea use of :'our Account '"r anOther aerson. you mUSI notify us in writinq or by
:e!ecnone and ~eSl;Oy any Card in tI1at aerson's possessIOn.
"'E~~ER . HET'HORK
3JS07-NATL ::IE'/. Z/96
liABILITY FOR UNAUTHORIZED USE. If a Card is :OSt or stoien, or it you
think that someone Is using your Account or a Card 'HiLieut your permission.
notify us immediately. You can notify us by telephcninq l.aOO-DISCOVER
(HOO-34i-2683). or by writing OISCOVER CARD, FO Box 15156, Wilminqton,
DE 19886-1002. You may be liable for the uneuLiorized usa of i Card or your
Account You will not be liable for unaulhoriz!O use that occura after you
notify us, by ahone or in writinq, of the lass. theft. or pesslble unauthorized
use. In any case, your liability will not exceed SSO,CO.
CREDIT liMIT. We will advise you of your Cred~ 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 axceeo ycur credit limit if you
ailow your unaaid baiance, includlnq Finence C~arqes and fees, to exceed
your credft i/mit Your credtt limit will not inciude uie amount of any credit
balance in your Account
PROMISE TO PAY. You agree to pay us in U.S. Dellars lor ill purchases. cash
adv".nces and balance transfers inciuding appi/cabie ,:;nance C~arges a.1d orher
cilaIges or fees. incurred by you or anyone you autI10rize or permtt to use
your Account or a Card, even it you do not notifYlJs ttlal oLiers are using your
;l.ccount or a Card. We will convert purc.iases and cash ad'lances made in a
foreign currency to U.S. Ooilars at a rate existing en the date of cel1'lersion. It
you pay us in ather than U.S. Dollars, we may refuse to accept the cayment or
cilaIge your Account our cost to convert your cayment to U.S. Doilars. All
c.'leclcs must be drawn on funds on deposrt in :he U.S.
It your Account Is a joint Acccurn. each of you agrees to be liable individually
and jeintly for the entire amount awed on 'lour Account We can acc:iallate
cayments or partial payments or c.iecks and money oreers mar1<ed 'payment
in fuil' or with any ather restrictive endorsement 'Hitheut lasing a.;y oi our
rights under illis Agreement
MOlmiLY BIUJHG STATE.'1IEl1T. We will sena you a billing statement after
e3C.'! monthlY billing periOd in wilich you have i :ebit or credrt baiance of
$1.00 or mare. The billing statement will shaw ail OUlt.1ases. cash advances.
balance tr.nsters. Finance. Charges and ather c~.arqes or tees anlhIt-pay-
ments or ether creoits cOS".ed to your Account ~uring the billing pertod. It will
show your New Balance, Minimum Payment Due and Payment Due Date.
MONTHLY PAYMElfT DP'TlONS. You may it all'! :;me ~ay the !rnire New
&mnca shawn on your biilinq Si::ltement but ~c:: month you must ~ay at
least tile Minimum Payment Oue. ,-\11 payments muS! be maiied or ce!lv!rea ~-'<>"YL~
to us in Delaware it PO 80x SUl1, Oaver. DE ;99']3..,011 orby using the
!l1'Ielooe enciosea with suc.i Sla".ament All payments will be aOaiied as deter-
mined in our discretion. We reserve the right to aoPIY payments to balances
subject to iower Annual Pereemage Rates. sucn as scec'.aI rate baiance trollS'
fers. arior to baianctS subject to higher Annual Per.amage Rates.
MINIMUM MOHTIlLY PAYME!lT. The Minimum Psyment Due ;;lc;, month
'HliI be ~ie sum at anv amounr oast due and the minimum monmll cayment
The minimum monthiy paymem eac.'1 month will be :1':e greater at S10.00 or .
an amount equal to 1/48th of h'1e New Balance. ~cundea to the ~ex: higner
wnoie dollar amount However, If the New Balanca is Jess then 510. t!':e mmi-
mum mOnthly payment will be me amount at ,,1e New Balance. You can eay
anead. Tne Minimum Payment Due tor eac., monthly biUing pertod 'Hill be
reduced bv the emountyou have paid in excess ci tl1eMinimum Payment Due
in soy at ~'1e three crevious monthly billing _enoos. ,iess any certion oi the
EXHIBIT "A"
~
excm !:re!ey usee to reuuce oa'lmenrs. Howll'ler, "1ere will be no reduction
it ,eu ,~ave sxcaeded your creoii limit: or you have ~aid the entire New 9al-
ance ,rcwn en your billing statement. ii,ere will also be no reduc~on it ,our
Acccur.; 's not current. has not generally been _aie in an aceeptaole manner
or is ':~'er",ise not in good stanoing.
CRElli .AUNCES. We will refund any credil balance within seven business
cays :r:m "celat of your written request. It you do not reouesl a refund. we
',viii automatically rerund credit balances greater than 51.00 wriicn remain in
,our Aeccunr liter rHO billing pericds.
BAUNC, iilANSFEilS. We may aeriodic3Jly oifar you the opportUnity to
transfer ,alances tram 01l1er credit card accounts to your Account. Esch oifer
will ocolZln an initial soeclal rate. which wiil be me Annual Pen:entage Rate
that 'mil aooly to transferred balances tor me Orne perioo specified in the oifer.
Aftar ~~e expiration of this time _eriod, the Annuai Percentage nate that
aoolies :or cun:hases ',viii aoolY to transferred balances. 8aiance transfers
subject :0 ihe initial soeciaf rate are referred to is special rate balance
transfers; baiance transfers for which the initiai ,oecial rate has exoired
!fa retarreo to as cun:riase rata balance transfers. '
Eacri orrer '.viil contain an expiration datI!. If you attempt to transfer balances
by means of a cneck aller t.~e exolration date, we 'Niil treat the tr'.nsaction as
a casn aO'JallCll. We wlil not make balance transfers attempted by means of a
couoon ..'tar the expiration date.
PSIOOIC FlllAHCE CliAIlGES. :.~cept as eXplained below. Periodic !'inance
Ch~es ara impOSed on OUrc:1ases. casri advances ana balanc! tr'.nsfers irom
the Oate me lr.nsac::ion Cccurs to the date oi r!Dayment. If the tr.nsac:ion is
pos:oo :0 your Account alter the ciose oi the billing period in wnicri it occurs.
we '.Viii ;;an tne tr'.nsac::an as having OCl:urred on tne first day of the billing
perieo in ',vnich it is ;:osred to your Account. We '.vIiI assess Perioaic .'inance
Char,es as foilows:
(1) :~rrent Siiling Period
;~riooic :':nance Charges are imposed far :he current billing period an
,:urc.~ases. casn advances ana balance :r.nstars umess you aaio, by tl,e
?;yment Cue Cate. :ne New calance shOwn an ycur are<lious oilling s;r.a-
:nent. Wecomoute Periodic Finance Charges each day ~ mUltiplying
ycur O3Iiy Dalances oi pun:~ases. :::lSh aavances and balance tr'.nsters
:'1 :~e 3Il0!ic:lole Caliv P~naolc Pates. Omv soeciai rate balance t:".ns.
:~~ l!-a lnC:l.lCea in !rie dad'l ~alanc:! of ~aiance !ransrars: ~urc~asa rat!
::;lar:c~ ~isfers are jnc:uci~o ;0 ~'i: :1aUV :Ziiit:ca of ~L!rc::asas_ At:t':e
er.a;i:l1e Dilling penod. '.'Ie aad uO the results uirhese caliy c3Jcu:ations
:a .:;!!rrnine your :'ertcdic .=:nan~ C:W-ges fer:he Jiiling ~enoc.
;':r :u.rc.....>GSaS. ~e taliy taiancs is c:IiC'Jlateo en ~, day Cy iii'S: accing :he
~;::icwlng !o ;r:e pie'IlCUS oay's aaiiy oaJanca: ~Urt:'".3Sas mace :nar o.~, ~aes
.:~~ea ~Qt c~ ~wnn ~e ~xcacton 1f iransac:an Fee. Rnanc3 C~asl
:':;0 ~!!"looic nnance C:-:arQes cnargea on li'le :l?1l0.US cay's caiiy ~aianc3:
1~O" "en suctr.c::ng am ;'"eOlts ana paymentS ;1at are acc!iea against
::a ::iiam:a ~t OUI'C:':aS2S ana ~uIt::ase rare caJanC3 nnsfers ;n 'i1ar a~.
;~i1 !ne:irst c.~ crtte ~iiling ~enOd we alSO aao:o :t:a Catance ::cse :aianca
:'""a:iSiars ~iit ceccme ourt....ase rate baJanca tr"'aI1sers on thaI ':.1.-y.
.=-:r ,~asn advancas. :."le dadv balanca is caic:;Jared en daCi! ;ja'l b1l first
accing me fOllOWing to me jl1!VICUS day's aaJiv ~aiance::::lSn aovimces
7.aae t.lat aay. Transaction ~e F:nance C~~es far casn aavances made
:.;a1 :ay, ana ?enoaic :;nanca C:-:arges ::!argea an ~'e cre'lious Jay's
.,
daBy ~~Iance::no by tl1en subtracting any ':~~cits and pa:uiienrs :hat are
aopiiea against ~he ~aiance ot cash advances :n [hat cay.
F-Jr :alanca transf!rs. the daily balance is c~lc:;:at:d en :ac~ :~ :,/.firsr
adcinQ the fOllOWing to the previous day's daliy :alance: baianca :':iistars
made Lnat day and ~~riodic Rnance Charges ;;~ar;;~ en the ~ra,:jci.!s day's
aaHy oaJance: lnd ':Jt then subtracting any cra~!ts and paymer::s ~":at are
aoolieo against tha ialanca at balance !r.nsiersln :hat ':a'/. en ~~e rim
cay at me c:.:rrem :illing period we also suct:!c: 7icm tte ':aja.i':C~ mesa
balance transfers ihat Datome purcnase rare oaiance lr.ns;ers en :;tat day.
(2) Previous 8illing Period
P~riodic Rnance C~arges are imposed for ~he previous ~iUing ,:;r.od on
al1!vious billing ceriod oun:riases. wsn aC'/ar.c!s and balance :::ansfers
unless Penooic ;;nance Charges were aJreaC'j imposeo ;cr ~~ar billing
period. crycu oaid ihe N~,v 8alance shown cn ,our pre'!ious biiiii:g ,rate-
ment by the Payment Due Date. io come ute :.,ese criarges. we '~se t~e
same memod at c3Jculation that we IJse in carcuiating me ?!r.odic R.
nanc! C~ar,es for :.,e current billing cerioo. is oescribed aoo'le. exc!pt
t.~at :.~e aDplicable Caily Periodic Rates are lC;lied to ,1ali! :aa.,ces of
pun:hases. cash aavances and balance tr'.nstm tor each bay cf;he ore-
'/lous billing penco. These daily balances ara aiso computea as oescnbed
aoove. ',vlth the "_re'/lous day's daily balance ',considered tD ria-Ie been
zero an me Jim day ot the billing periDd.
13) Oaiiy PeriDoic Rates and Annual Percentage Rates
The Caily P~riodic Rares aoplicable to pun:~asas and casri aO'laIlces for
t~e current biiling periDd and the pre<lious biUing period ara based on the
Annual Percental;e Rate in eifect ior each biUing ceriad ;s 'cammined
:eIO'N. Tne Daiiy P~noaic Rates for eac;, :iiiing ~e:ioa at; :/'26::11 at the
~nnual Pertemage Rates in eifeci for the Dilling ;:eriod. ine A.,nua/ Per-
,:amaga Rate far ,::un:hasas may be c;,an~ec :as:o en :~~~;=s in the
rare le'!el iDr '.vnic., ,OU quality, as exalalneo :e!o'N.
The AnnuaJ Pgn:arnaqe Rates are determim!c ;;1 :art ~y me ?~ti:a Rate.
PJr cumos!s ot :his Agreement. the ?rtma ~a!! :s u~e ~igr.~s: ...ate at
interest :israo as ~e ",nme rate'"' :n tne money ~LaS secton ct ~.,~ Wail
Str~o' ,~o!!mal an the last ousiness day at :n! ~cntll. 'Nhen:::a ?:1me
Rata cnanges. :."ia .l.nnuaI ?!rcsntaQ8 i1a!;s 'mil c::ange cagir,ii:ng on 'W"te
~rst aay at ttle jrst billing oenod ',vnicn :~:r.s :n the c:!::!'!car month
~oi!a'Ning j1e ~~~Qa l~ th: P:ime R~te: :ilc~asa!..ln !he ?:'::7.i! ~~t~ may
'~:lusa ::1e ~.iIlY ~~~oalC :"\ate~. P~nccIl("~..tn~-:c:; ,..~ar~as li~!: \tlOlffium
:":!:l:::ant ::.:e~~c~ i7lcntli :0 Increase. : ne ,"'::i-:! :~a!; :s :i'::r:~1 3. cnc.
ing :ncsx ana does ::ot :ccresem 'U"1e iowes!:r ::st :nter:~ ;!~;~iaiiacje
to i bomwer lt '5J.T.1 particular bank at 3Ir! .;::en 1m!.
:..1j ,~iii1uai P~rc~nraQ~ ~aE for Purchases
We ~av ~a"e ,~tfer:a 'IOU an int:,cauc:::r: .'::!; en .:urc~a5:S. I i:!!
inti::auc:O'i! iate ~s ~ne' fixea AnnUal P~rcan:1~~ ~a!a :ha! .,'/iil aoplY
:0 :I.!r~::asas, ~or :i:! .:i~e cerica soec~~iac :n :;-;:! 2tfar.. :~~:r :xclra.
~:ar. :r ::iIS :ime .:enoa. the Annuai r'~rc~nta;g -~a!; ~:r ::;rc::asas
will :e as ~esc~aeo below.
~-:e mr!! AnnUal ?~rcantage Rate leveis ~cr '::m:~asas l&:: :.~: -S:.anaard
~a!e. :ne 3enar ,~ata ana the Best M.ate. 7:~e .~! ;;"el ~:r '.'mic:! 'IOU
'Ouali~! ;s baseo on tne total amount oi our.~ases :nat':OU ,-::2:<e cui:ng
an 111nUal ~ar.aa. :is exol3ined beiaw. .:'~x::!Ses ','mic:1 c:;7:nasa ~tilS
a,inUa1 tC!21 are sometimes reterrea to as .:~a:if:~ ~urc::asas. 'Ne make
:er.a!n accrccr:a!! aaiusrmems to qualmsc ~urc:;asas :n .:SO!C! ot
\
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I
'P;r"7~")r'~
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Account activity (e.g.. a credit issued for a retumed purchase). You will
Quallr/ for. the Standard Rate it total QuaJitied purchases are less than
S500.00. the Belter Rate it total qualified purchases are S500.00 or more
but less than S1000.00. and the Bes: Rat! if total qualified purchases are
S1000.00 or more. "
. You will qualify for and rec.!ive the Best Rate until your first Anniversary
Date,.subject to disqualiiiC3tion. We reierto the date that is the last day
. of the twelfth billing period ailer your Acc:lunt was opened; and each .
. ' annual annIVersary of that data. as your .lnniversary Date. On each Anni-
versarf Date. we will derennine your ;ate level based on total qualified
purcnases for .the pl')lcedlng 12 billing pericas. The rate level wijl apply
to purchases (lnc!udmg th.e o~ding purchase balance).~eginnilig on
the next day, subject to dlsquallficanon. You WIll not be eligible for the
Belter Rate or the Best Rate it on 'Iour Anniversary Date you have failed
to make the Minimum Payment Due by t:le Payment Due Date for two
consecutive billing periods. '
If at any time you fail to make the Minimum Payment Due by ihe Pirment
Due Date fortwa COnsec:mve billing periods, you 'Nill be dlsoualified from
,the Belltr Rate orthe Sast Rate and we wiil ci1ange your raie IMI to the
Slandartl. Rate. i]te Slandartf Rare will411P_1y to Pll(Chases O~cltJ9ing the
olllSlandmg PUrt:1ase balance) from the nrst day of llIe second billing
. period in' which you faiJed to maJce 1l1e Minimum Payment'Due by the
Payment Due Date until your next Anniversary Date. '''".
II your Account ~ closed. the r.te level (tl1at is. :!Ie Slandict' Rate. the
Belltr Rate or the Best Rate) in eiteo: on the date vaur Account Is closed
WIll ,411PIy.Until your Actount is paid in full. SUbjeCt to disqualifICation as
. set.~rU1 above. .'. .: ._" '" ....~ _.
. The Slandaril.Rate is an ANNUAl PSCE1ITAGE?ATE of (a) i 9.80/.; When
the Pnme Rate Is lower tt'.an 1 0.9~.;and (b) Prime Rate pJus 8.9 pereent-
age OOlms. 'linen tile Pnme Rate IS 10.g,. or more. The Better Rate is an
ANNUAlPERCE1ITAGE?ATE of Prime Rate clus 10.9 percentage caints.
but nMr exceeoing !!le Slandar1l R..-:a.The Sest Rate is an ANNUAL
Pe.:lCEtlTAGE RATE of Prime Rate plus 8.9 pe=ge poinls.'The Bet-
terand Best Ra~s have a minimum of 12.9~..Tlte Oaily Periodic' Rates
and c:lrreSpondlng ~nnual ?ercent4ge Rates in meet on tile date tIlis
Aqreement is furnished to 'IOU are sat fortn in ~e ~nc!asad "Additiona1
Disc:osure~ or card met'. ". 'r
(5) Annual Perce.'llage A4'.efor Cash Ad'r.ncas ''''~'..
The ANNUAL P:.~CENTAGE RAiE for:as.1 all'r.nces is (a) 19.8%, when
the Pnme Rate IS lowertlan 10.9%. and (b) prtme Rate oius 8.9 percent-
ace comts. when tile ?lime Rate is 10.!r.'. or more. nie Daily Periodic
Rate and c:lITasoonoing Annuai Pe=ge Rate in meet on the date tl1is
Agreement Is fumisneo to you are set forth In lI1e enclosed 'Additicnal
DiSC:osure' or card C3lT'.et .
(6) Annual Percentage Rate for ealancs ;ransiar; ....
The Daily Periodic Rate and corresponding Annual Percentage Rate in
eiteo: for spllC'.ai r.te OaJance ~"anS:er; wiil be set forth In the oifer from
us under wilich you make the beiance transier. As Indicated in the
Balanca Transiers SllC"Jon above. pUltl'.ase rare oaJance transiers wilf be
SUCleo: to the Dady Penoaic Rate ana c:mesDonoing Annuai Percentage
Rate that ajlPIy to Ourc:l3Ses. if you receIVed an oiler prior to your
rec.!IDt of thiS Agreement. :he Daily Perioaic Rates and Annual Percent-
age Rates In eileo: on tile date !his Agreement is tumisileo to you are set
ronllln the encloseo '~ddiIiDnaJ Disc:osure' or card c:uner.
TRANSACTION FEE FINANCE CHARGES. We will charge you a iransaction
Fee Fmance Charge of 2.51'. of t~e amount of each new cash advance. There
is a minimum iransaction Fee FII/ANCE CHARGE of S2.00 and no maximum
Transaction Fee FINANCE CHARGE. The imposilion of iransaclion Fee fi-
nance Charges may result in an Annual Percentage Rate for cash advances
that is higher tIlan the nominal Annual Percentage Rate. All fonns of cash
advances, inclUding the use of Discover Card cileclcs, reqardless at the pur-
pose for which used. are subject to Transaction Fee Finance Charges. io
obtain tile total Finance CMarge on casil advances for eacl1 billing period, we
add any Transaction Fee Finance CMarues for tile billing period ci1arged under
this section to any Periodic Finance Charges calculated under the Periooic
Finance Charges section above. , ..
MINIMUM PERIODIC FINANCE CHARGE. We will enarge you a minimum
Periodic FINANCE CHARGE of S.50 for any bUnng periOd in which some Peri.
odic FINANCE CHARGE of less u'lan S.50 would otller~ise be imposed.
RETURNED CHECK re. We win e.,arge you a Reiumed CMeck Fee of S15.00
eacIt lime you pay us witll a check tl1at is retumed unpaid. This tee 'Hill also
apply it a debit transaction to a deposit account from 'Ni1ici1 you have autllo.
rizeo us in writing to periodically deduct all or a part of an amount you owe us
under !!lis Agreement is returned unpaid.
UTE fEE.. We will charge you a Late Fee of $20.00 ~ you fail to malce a
required payment within 20 days ailer the Payment Due Data in aIrf month.
RESEARCH FEE. We may e.".an;e you a Research Fee of $5.00 for each copy
of a billing statement or sales slio tl1at you request However. we 'Hill not
charge a fee it you request copies in c:lnnection with a billing error.
OVERUMlT FEE. We will cilarge you an Dver1imit Fee of $15.00 for each
billing periOd in willcn you exceed your credit limit This fee may be ci1arged
even d tile transaction whic:l causes you to exceed your credn limit is a~otlto-
rized by us or d you excil!O your credit limit due to the posting of ffnance
charges or fees to your Ac::lUnt
DEfAULT-i:DLL"CTlON COSTS. '(ou are in detauit it you become insolvent,:t L
you file a bankruplC'/ petiticn or have one filed against you. or ~ you fail to
comply with tile terms of this Agreement including failing to make a reQ'~!red
payment wilen due or !xceeoi~g your credn limit If you are in delaun and we
reiertlle coilect:on af your Acccunt to an attorney, we may charge you rea-
s,onaolde attcmeyalsly' ,~W COO" - - ,~......., . u. .
aw an as ac:U mcurreo 'Jy us.
C.\NCEllATlDH. 'leu may wncei your ACc:lunt by notifying us in writing or
by teieenone ana returning cr c8StrOYing every Cart! and unused c.1ea mat
we have proviOeo you. Ct ~ursa. you will still be resoonsible to pay aIrf
amount you owe us accoraing to tile terms of this Agreement If your
Acc:lunt IS a jOint Account. laCn of you may cancel your Acalunt. We may
cancel or SUSQ1lno your Account at any time wiilIout notice. We may alSO
declare the entire balance of your Acoount immeaiately due and payaoie
WMOut notice: if 'IOU are in oefalllt if we have a reasanallle belief tI1atvou are
unable or unwilling ,0 repay your obligations to us. ~you are insolvenL ilyou
file a bankruotcy cetition or have one med against you or it you die. We may
ciloose not to renew your Account (beyond the expiration date snown on the
face of a Cara) without notice.
PRIVACY. '!-Ie may investigare your credit employment and income reccrcs
and verify your creon references. We also may reponto crednreoorting agen-
cies and other creoitor; :~e status and payment history of your Account in-
cluding negative credit mformation. We nonnaily reconto sue., creait repon-
ing agencies eacn montl1. We 'MiI not release this 'ntonnation about your
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Account to any other party without your poer written permission .:r :eqal oro-;
casso However. if you are in detaul~ you '~olate tl1e terms at tr.is "'qraement
or you file a bankruptcy petition or have dne filed against you. we may release
~ information about your Account to tIlird parties who may assist us in enforc-
ing-our rights under this Agreement We may also include your name and
addrass and other identifying information on lists of Cardmembers furnished
to companies saDlng products or services that may be 01 interesl to you. Our
supelVlSOry personnel may listen to or record teiephOfltl. calls between you
and our represanblives in order to evaluate the quality of our serlice to our
Cardmembers without notice to you.. We [lIay use automated teleohone equip.
ment or prerecorded telephone calls to CDntICt you. abo,!! your,Ac:ount
CREDIT AlJTIfDRIZATlONS. Certain purchases and cash ad'/aJ1ce.s 'Nill re-
Quire our authorization prforto completion of tile transaction.-.ln some casas.
you may be asked to provide idenlification. If our authorization system is not
wortdn9.; we may not be able to authorize a transaction. We wiIIllOt be liable
to you if any of tIlese events happen.
CHAHGE OF TElMS.' v.lI maycltange any term or part, of lllis Agraement,
includia~ any fioao;e cltarge rat!, fee or method III coll11lutlng any balan;e
apao wtlldlllle finao;e dlarge rate Is assessed;'by sending yao a written
notice atJeast 30 days beforalhe change is to be;ame effective;, We may
apply any sucb ;lIaage to.the autstanding,lIalance of your Ac:ount an the
eifedlYe date af lIIe dlange and to new d1arg~lJlade aftllr lIIat dale. II you
do oat agree to lIIe change, you must aalily as In writing wi1lIln 30 days
Jiler llIe mailing of flIe notil:e af cllaage n lIIe address proYided In flIe
aotici af change, ill nidi casa'your A=lunt will bi'clllied and you IIlllSt
pay lIS lIIe balance lIIat you awe as under lIJe exIsfIng terms af flIe un-
changed AgreemeaC OtlIelWlse, you will 11m aglled to Ill. C!langes In the
oalice. Use 01 your wunt aftllr tile effedlYe date of lIJe cb3lIge will be
deemed acceplance of tile new terms as: af such elledlYe data, .Iven if you
pmlaasly notified as tlIityou did ilO!agree.ta th~ cba~e.. .'
c''lAHGE OF ADDRESS. If you cl1arige you(address you muSt notify us of
your new address willlin15 days....... .'", ...-. '.:. :
ASSIGHMEIT OF ACCOUNT. We may sell. JSSli)nor1iansteryoilrAccount or
any portian tlIereofWilllout notice to you. You may not sell. assign ortransier
your Account wiIIlout first ob13inino..our prfor.wrilfBri:i:cnsent. .
GOVERNING UW. This Agllement wil'- be" ~aYe'nied by tii~ Jaws of the
State of Delaware and applicable federal laws. 'if any part at lI1is Agree-
ment cllC1lmes unenion:saole. tt will nOt make '31rf otl1er parf fineniolte:lble.
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D,ISC?~ WO... ':
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DISC.VEI{
p L,.LI..L~ U M
paymsnt dtJe dale
March 12, 2002
minimum paymenl dtJe
$738.00
nlNl balance
$12,574.79
accounlnumber 6011 002810302349
enter amount enclosed below
$1
Please make chec/( payabltllo Dlsco_ PlatJnum Card
You are O_mil. Please pay your minimum paymenl
plus $ 572. 79.
1,"11I,"111",,1,1,1111I"1.1,11""1111I1,1.1,,11
T002748
MIKE CLOUSER
8 VILLAGE RD
MECHANICSBURG PA 17050-2632
Great Balance Transfer ratesl
Call 1-800-767-7339 to see if
an offer is available for you.
PO BOX 15251 11I11I11"",,11,,11,,11,,1
WILMINGTON DE 19886-5251
1,"11I,1"1"1,1.,1"11,"1.1.,,1,1,1,1,11I11,1.1""11I.1.,1
Ad<hss or """"one ch"'~? Please prlnl change In /he space abo"".
000006011002810302349125747900000000073800
Closing Date: February 13, 2002
page 1 of 2
Discover Platinum Card Account Summary
account number
payment due date
minimum payment due
credit limit
credit available
cash credit limit
cash cllldit available
6011 0028 1030 2349
March 12, 2002
$738.00
$12,002
$0
$6,001.00
$0.00
previous balance
payments and credits
pulChases
cash advances
balance transfers
FINANCE CHARGES
new balance
$12,274.83
0.00
+ 58.00
+ 0.00
+ 0.00
+ 241.96
= $12,574.79
You may be able to avoid Periodic Finance Charges, see /he
reverse side for details.
Transactions
OtherlUlscsllaneous
trans. post
date date
Feb 13
Feb 13
Feb 13 OVERLlMIT FEE
Feb 13 LATE FEE
$
29.00
29.00
................ ATTENTION .................... ATTENnON ............... ATTENTION *_.....~.. ATTENTION .............. ATTENT/ON ........................
We previously requested the past due amount on your accolHlt. We have no reccn:I of receiving payment. The amount
-due IiJhould be paid at once.
i
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Save a Bta"" and Pay your bill online at Discoven:ard.com. The Discover(R) Card Account Center lets you manage your
finances--pay your bill, transfer balances, or signup for Account status e-mail reminders to avoid tate & overlimit
fees-onlinel Register for the Account Center at Discoven:atrl.com and enjoy the benefits of a free online membelShip.
QUlstlans? Call1-800-DISCOVER (1-800-347-2883) or log on to Dlscavercard.com. ForTOD (Telecommunication D""icelor
the Deaf) assistance, "'''''''el'Se olde. Send billing error notice to: Discover Platinum; P.O. Box 15192; Wilmington. DE 19850-5192.
EXHIBIT "B"
f-"'
ATTORNEY:
ACCOUNT NUMBER:
BALANCE:
CARDMEMBER (S):
STATE OF OHIO
COUNTY OF FRANKLIN
STOCK
6011002810302349
$12574.79
MIKE CLOUSER
K. Ray, personally appeared before me, this day and after being duJy,;:swQIJ), according to law,
upon hi,II"" ooth md My" '1""' : I. '
I am a Legal Placement Account Manager for DISCOVER FIN~~ .: ~CES INC., the
servicing agent of DISCOVER BANK, an FDIC insured DelawareStaft:m~.
TIIAT this affidavit is rnade on the basis of my personal knowledge and in support of Plaintiffs
suit on account against the Debtor(s)
THAT, in rny capacity as Legal Placement Account Manager, I have control over and access to
records regarding Discover Card Account 6011002810302349 of the above referenced Debtor(s),
further, that 1 have personally inspected said Account and statements regarding the balance due
on said account. DISCOVER FINANCIAL SERVICES, INC. rnaintains these records in the
ordinary course of business.
THAT the annexed staternent of account is a true and correct statement of what is now due and
owing Discover Bank on the account, and exhibit A is a copy of the Cardmember Agreement
between Discover Bank and the above referenced Debtor(s). The Cardmernber Agreement
governs the terms and conditions of the relationship between Discover Bank ~d the Debtor( s) in
cormection with the account. ,Xi
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Based on my review of the account records, to the best of rny knowledgecimd belief the above
referenced Debtor(s) is not engaged in the rnilitary service of the United States and is a resident
of the State and of the Country in which this action has been filed.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
kpowledge.
~
Sworn and Subscribed before me,
This day of Friday, March 08,2002.
LJ~~
/ NOTARY
EXHIBIT "e"
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Neil J. Ruther
4103239082
p.2
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IlII THB COURT OF COllllOlII PLEAS
STATB OP PIDOlllYLVlUlIA COtllll"1'Y OF ctlDBB.LAIID
DISCOVER BANK, ISSUER OF DISCOVER CARD
BY ITS AGElIIT DISCOVER FINANCIAL SERVICES, INC.
v.
Case NUmber: 02-2030 Civil
MIKE CLOUSER
AJlSWBR M1D lIIOTICIl: OF I!ITBIrTIOlll TO DBFBHD
Defendant Michael Clouser
discover bank, issuer of discover
financial services, inc. as follows:
answers the Complaint of
card by its agent discover
l. The Detenaan1: contraC1:ed tor tne deb1: alleged.
2. Defendant has been unable to pay the debt for the
following reasons:
Defendan1: 1s in deb1: for over $47,954.50 and has held onto
a college debt for over 10 years now just barely paying the
minimum. His father suffered from an illness and as a result,
he switched jobs to handle his fat.her's business, causing an
income drop of 30t. As a result of the aforementioned
circumstances, Defendant cannot meet the minimum paymen1:s on his
credit cards, much less make any headway on the principal
balance because of interest rates, late payments and over limit
charges.
3. Defendant did not and does not wish to file bankruptcy,
as suggested to him, but instead he wishes to pay his debts.
Defendant simply needs more time in which to settle his current
debts.
4. Defendant has engaged the services of the National
Consumer Council (NCC) , a non-profit consumer advocate
institution, and Financial Rescue Services, an affiliate of NCC,
in order to resolve his debt problem. Defendant is therefore.
asking for more time and for the Plaintiff to work with the
Defendant and Financial Rescue Services. Financial Rescue
Services has made numerous calls to Plaintiff with no response.
5. Defendant offers to restructure payments on the debt
which Defendant can afford.
6. Defendant is willing to make payment arrangements with
the Plainti!!.
WHEREFORE, Defendant begs this Court for the following:
1.That Judgment is found for Defendant; or in the
alternative
2.That Plaintiff is ordered to work witb Defendant and
Neil J. Ruther
4103239082
p.3
.
Financial Rescue Services in a sincere manner to
resolve this debt;
3.That no additional interest by awarded to Plaintiff;
4.That each party pay their own costs for this matter,
5.That each party pay their own attorney/legal fee for
this matter; and
For such other relief that this Court deems reasonable and just.
~~{ ~/r/(
8 Village Road
Mechanicsburg, Pa 17050-2632
(717) 691-8811
CERTIFICATE OF SERVICE
he Defendant (s1 HEREBY CERTIFY that on this / ~/ day of
, 2002 a copy of the foregoing pleading was
mail first-class, postage pre-paid to:
Edward Stock, Esquire
18th Floor 1608 walnut Street
Philadelphia, PA 19103
(215) 893-9322
Attorney for Plaintiff
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SHERIFF'S RETURN - REGULAR
CASE NO: 2002-02030 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
CLOUSER MIKE
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CLOUSER MIKE
the
DEFENDANT
, at 2044:00 HOURS, on the 29th day of April
, 2002
at 8 VILLAGE ROAD
MECHANICSBURG, PA 17050
by handing to
MIKE CLOUSER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
6.21
.00
10.00
.00
34.21
r~~-t:~
R. Thomas Kline
05/01/2002
EDWARD STOCK
Sworn and Subscribed to before
By:
IluM1K.U
Deputy Sheriff
me this
Ie.-
/1-
day of
~ ~viJ.:u A.D.
qi"" () 7h~ II,. , ~
P othonotary ,
DISCOVER BANK, ISSUER OF DISCOVER CARD
BY ITS AGENl' DISCOVER FINANCIAL SERVICES;
INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2030
CIVIL
19
VB.
MIKE CLOUSER
RULE 1312-1.
The Petition for Appointment of Arbitrators shall be substantially in the following fonn:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:.
EIMARD STOCK, ESQUIRE
respectfully represents that:
1. The above-captioned action (or actions) is (are) at-issue.
2. The claim of the plaintiff in the action is $ 15,718.49
The counterclaim of the defendant in the action is n/ a
, counsel for tlie plaintiff/dM.,--lt in the above action (or actions),
The following attorneys are interested in the case(s} as counselor are otherwise disqualified to sit as arbitrators:
n/a
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
foregoing pe~
Esq., and
actions) as prayed fo
ORDER OF COURT
, 19~ in consideration of the
Esq., n /J-&wJ
, Esq., are appointed arbitr rs i the above captioned action (or
By thm1A AtV"\
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PRAECIPE FOR ENTRY OF APPEARANCE
DISCOVER BANK, ISSUER OF DISCOVER
CARD BY ITS AGENT, DISCOVER FINANCIAL
SERVICES, INC.
In The Court of Common Pleas
Of Cumberland County, Pennsylvania
Civil Action Law
Plaintiff
No. 02-2030 Civil
vs.
MIKE CLOUSER
Defendant
To The Prothonotary of
Said County:
Please enter the appearance of Robert D. Kodak, Knupp, Kodak & Imblum, P.C., whose address is 407
North Front Street, P.O. Box 11848, Harrisburg, PA 17108-1848, as Co-Counsel for Discover Bank, the
Dated: October 29.2002
PLAINTIFF in the above-captioned case.
Robert D. Kodak, Esquire
J.D. No. 18041
Co-Counsel for Plaintiff
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DISCOVER BANK, ISSUER OF DISCOVER CARD,
BY ITS AGENT, DISCOVER F!NANCIAL SERVICES,
!Nc.
: !N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
MIKE CLOUSER
Defendant
: NO. 02-2030 CIVIL
STIPULATION FOR ENTRY OF AWARD OF ARBITRATORS
ANDNOW,this l~ day of a$/
or
, 2002, comes Plaintiff, DISCOVER BANK, Issuer of
Discover Card, By its Agent, DISCOVER F!NANCIAL SERVICES, !NC. (hereinafter "Plaintiff'), by its attorneys,
ROBERT D. KODAK, ESQUIRE, KNUPP, KODAK & IMBLUM, P.C.
...and...
Defendant, MIKE CLOUSER (hereinafter "Defendant"), pro se, who stipulate to settle the captioned matter
as follows:
I. Plaintiff filed suit in this matter to the above term and number on April 25, 2002.
2. Defendant was properly served with said Complaint by the Sheriff of Cumberland County,
Pennsylvania, on April 29, 2002.
3. Defendant did file an Answer to Plaintiffs Complaint with the Office of the Prothonotary on or about
May 14, 2002, and served same on Plaintiffs Counsel.
4. Plaintiff did file an Arbitration Praecipe with the Court on July 29,2002, and said matter is scheduled
to be heard by a Board of Arbitrators on Wednesday, November 6, 2002, at 10:00 a.m.
5. The parties have entered into settlement negotiations, and have agreed to settle the captioned matter
with an A ward of Arbitrators being entered in favor of Plaintiff and against Defendant for the Twelve Thousand,
Five Hundred Seventy-Four Dollars and Seventy-Nine Cents ($12,574.79). The payment terms agreed to between
the Parties are as follows:
A. Defendant shall pay to Plaintiff the sum of One Hundred Fifty
($150.00) Dollars per month, beginning on November 1,2002, and
continued with like payments on or before the first day of each month
for December, 2002; January, February and March, 2003;
B. A higher payment amount shall be negotiated between the parties
during the month of March, 2003, and said higher payment will
commence on April I, 2003 and shall continue until the sum of
Twelve Thousand, Five Hundred Seventy-Four Dollars and Seventy-
Nine Cents ($12,574.79) shall be paid in full;
C. The sum above stated shall be accepted with no further interest,
penalties or costs accruing unless Defendant becomes in default, at
which time interest and costs will be assessed, and Judgment will be
F: I USERIBONNIEJOISTIP\ WORK\28951 arb. wpd :2900t02
2
entered on this Stipulation, less payments made to date, in the Court
of Common Pleas of Cumberland County; and
D. Receipt of the first payment in the amount of One Hundred Fifty
($150.00) Dollars is acknowledged.
6. DEFENDANT ACKNOWLEDGES HAVING READ THIS STIPULATION OF
SETTLEMENT AND UNDERSTANDS ITS TERMS AND CONDITIONS, INCLUDING DEFENDANT'S
OBLIGATIONS TO PLAINTIFF. DEFENDANT ACKNOWLEDGES HAVING BEEN ADVISED OF HIS
RIGHT TO RETAIN AN ATTORNEY; HOWEVER, DEFENDANT HAS CHOSEN NOT TO RETAIN AN
ATTORNEY TO REPRESENT HIS INTERESTS IN THIS MATTER. DEFENDANT ENTERS INTO
THIS SETTLEMENT FREELY, WITHOUT COERCION, DURESS OR UNDUE PRESSURE.
7. This Stipulation is entered into this date for the purpose of settlement of the case at issue and to
prevent the necessity for the parties to attend the Arbitration as set forth hereinabove.
Respectfully submitted by:
-~/ ~/~
Mike Clouser
8 Village Road
Mechanicsburg, P A 17050-2632
(717) 691-8811
IMBLUM, P.c.
Pro Se Defendant
Robert D. Kodak
407 North Front Street
Post Office Box # 11848
Harrisburg, P A 17108-1848
(717) 238-7151
Attorney I.D. No. 18041
Attorney for Plaintiff
F: I USERIBONNIEJO\STlP\ WORKI2895 larb. wpd :290ct02
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In The Court of Co~on Pleas of
Cumberland County, ?ennsylvania
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tole do solemnly swear (or affirm) Chat we '..;ill sllpoort, obey and defend
the Constitution of the United States and the Constit~tioa of chis Co~on-
wealth and Chat we will discharge che duties of our office with fideliCy.
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AWARD
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We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make che following award:
(Note: If damages for delay are awarded, they shall be
separately stated.)
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. Arbitrator, dissents. (Insert name i~
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applicable. )
Date of Hearing:
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Date of Award:
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NOTICE OF ENTRY OF AWARD
Now, the t,t14 day of Y1~~ 07~9 ,at , .~l.,
award was en~ered upon the docket and notice thereof given bY-mail
?art1es or the1" attorneys.
Arbitrators' Compensation Co be
paid upon appeal:
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che above
co che
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?r honotary
By: 'i?tf/~1a ~ep~f, W
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DISCOVER BANK, ISSUER OF DISCOVER CARD
BY ITS AGENT DISCOVER FINANCIAL
PENNSYLVANIA
SERVICES, INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff
V.
No. 02-2030
MIKE CLOUSER,
CNIL ACTION - LAW
Defendant
ORDER OF COURT
It is hereby ordered, this 6th day of November, 2002, by the Court that Jason P. Kutulakis is
hereby appointed to the Board of Arbitrators for a scheduled Arbitration Hearing in the above-captioned case
for Wednesday, November 6, 2002, at 10:00am at the Second Floor Hearing Room, Old Cumberland County
Courthouse, Carlisle, Pennsylvania.
Dated: November 6, 2002
By:
George .
cc:
Office of Court Administrator
Jason Kutulakis, Esquire
George Douglas, Esquire
Robert Kodak, Esquire
Mike Clouser
COlY D, :>trt'bLA {eel '" J(.<AuIA/clS C{ I1tQr'~;
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
AMY L. LOW,
Civil Action -- Law
Plaintiff
v.
No. 02-2453 Civil
BRUCE S. LOW,
Defendant
In Divorce
AFFIDAVIT OF CONSENT
1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on May 20,2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn
falsification to authorities.
/(/)/Ioz
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Arriy .Low, Plaintiff
Dated:
WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
AMY L. LOW,
Plaintiff
Civil Action -- Law
v.
BRUCE S. LOW,
No. 02-2453 Civil
Defendant
In Divorce
1. I consent to the entry of a final decree of divorce without notice.
2. I und,_ that I may 10"" right. """"<ming allmnny, divi,inn nfpropMy, lawyo,', f,,, "'
expenses if I do not claim them before a divorce is granted.
3. I nndemand that I will nnt be diVOreed until n div""" deere, I, ""ored by th, Cow< Md that a
copy of the decree will be sent to me immediately after it is filed with the prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false
'tatem_ herein are mad, miliioct to tho ponaJti", of 18 Pa. C.S. ! 4904 relating to "'-om
falsification to authorities.
Dated lilt ),2
I
Am~'
WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA 17257-1397
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DISCOVER BANK, ISSUER OF DISCOVER CARD
BY ITS AGENT DISCOVER FINANCIAL
SERVICES, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 02-2030
MIKE CLOUSER,
CIVIL DIVISION - LAW
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please mark the Arbitration Award entered on November 6, 2002, in the above-captioned matter
as settled and satisfied in full.
TO: Cumberland County
Prothonotary
Dated: December 15. 2005
~
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Attorney for Plaintiff
Robert 0, Kodak
Attorney 1.0, No. 18041
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