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HomeMy WebLinkAbout00-00599 .-,' . ~- - " ' "'" .'-', .~- =' -"-~'c' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. ;2600 - S'F{ IN CIVIL ACTION c.~~c~~~ -vs- Plaintif[(s) MARY C. RODDY-DUNCAN Defendant(s) COMPLAINT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA LD. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PALD. No. 42096 Marylouise Wagner, Esq, PA I,D. No, 61095 APPLE AND APPLE, p.e, Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1Zl7 Telephone (412) 682-1466 Fax (412) 682-3138 " ."c~," _r__' ~-_' '-,- - ,""' ='.j. "<~""'" , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. IN CIVIL ACTION -vs- Plaintiff(s) MARY C. RODDY-DUNCAN Defendant(s) 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 upon you, by entering a written appearance personally or by 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle P A 17013 Telephone (717) 249-3166 Toll free: 1-800-990-9108 2 ,-tJ.> ','_ . COMPLAINT 1. Plaintiff is a National Banking Association located at 4940 Johnson Drive, Pleasanton, CA 94566. As of January 1, 1998, Providian National Bank was merged into First Deposit National Bank, and the resulting entity took the name Providian National Bank." The account that is the subject of this lawsuit may have been either a First Deposit National Bank account or a Providian National Bank account prior to the merger, but is now an account of the new" Providian National Bank, which is the plaintiff herein, 2. Defendant is an individual whose address is 2607 Warren Way, Mechanicsburg, Cumberland County, PA 17055. 3. At a specific instance, the Defendant applied for and was granted credit by the Plaintiff at the terms and conditions agreed upon by the parties, as is more specifically shown by the Account Application and Agreement, true and correct copies of which are attached hereto, marked Exhibit A" and made a part hereof. 4. Defendant made purchases and/or received cash advances using said credit, 5. Plaintiff avers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 6. Thereafter, in breach of obligations under the Agreement, the Defendant failed to make payments as they became due. 7. Plaintiff avers that the balance due amounts to $15,919.97. 8. Plaintiff avers that interest has accrued at the rate of 23.30% per annum on the balance due from March 25, 1999. 9. Per the terms of the agreement, the Defendant has agreed to pay to the Plaintiff as liquidated damages, the costs of collection, including all reasonable attorneys' fees incurred in the collection of monies owing. 3 - . ~ ,'j "'11iM,.', . 10. Plaintiff avers that pursuant to Plaintiff's agreement with Plaintiff's attorneys, Plaintiff's attorneys are to receive attorneys' fees of 33 1/3% of the debt due. 11. Plaintiff believes, and therefore avers, that said attorneys' fees rate is just and reasonable compensation for the services rendered by said attorneys. 12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due Plaintiff or any part thereof. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $15,919.97 with appropriate additional interest, attorneys' fees and costs. APPLE AND APPLE, p.e. By: Attorneys 4 .~~-~ o O. , Complete this.~rt form and return it in the postage.paid envelope pl'DvidecLJ:.,. 30-S~!ff~nd ~e?:ponse .~ertificate Yes, I wanttQ'il:llWpt your mVltatiol). t.or a customIZed VISA'" Gold account! I agree to be bound by the Account Agreem....t (which will be mailed 10 me before my VISA card is lsst<edl an4 to repay principal, interest, and interest thereon, except that I will have nO obligation if! return lhecardCs) unused and c:ancel mya<COWIt after reviewing the At;count Agreement. 4Jlae a~'6~ ~!iry C. Roddy - b ~.. L Q;~ 205 Brookter St. Slidell, LA 70461-3317053 y No Annual Fee . $20,000 Credit line . Immediate Cash . lowest Purchase Rate . 2703Nl CIOBO GX237 TeEM TEPR OCHe VLBD AEAC 60- 703-6097-1983-5 DO NOT DnA-CII GUARANTEED SAVINGS This invitation expires; September 6, 1994 - 0lN1\. U;VY\-.L l>1tl I( T~~ R. Thomas Mazlll" Vice President 1 ~ 3> -5 dO - r; I :;l'IL.. -___,-- ----t-- SodalSe<urlty Nwnbet . (50Lj> G.4/p'';;).,,~7 Home Phone, Work/Second Phone 703-6097-1983-5 Reference Number: 4428232670306195 :'~~ ' Box Year Batch SSN 86 94 7 183-50-7127 -~ ~'? q ""_I ~ ",-,,"" "~ .. d 1",,'1. ',.~ ~ PROVIDIAN Financial ~~~~~Jib~~~~li?di~-~(~~~~ j~ Providian National Bank VISA@or MasterCard@Account Account Agreement for Mary C Roddy-Duncan " '."',..',<.--_,> '::"I~-'_."t'"I':':"'_"'-' ,-- ,,',-,,""','-;' , ,'_ ' -,-",,,)~-,:;,,...:.,-; i: ,~vPlea;e revi~~.t.hi~ d.~Ument and keep it with your otheF.,jmp_enant~p~peijLThis,AcGount Agreement contains the ~erms.' whi~h. govern your PFovfdian National Bank VISA or MasterCard ACOOunt?, ,.:'" r'. r. ..,;,IIti~..... .~""".",M. n.t J.:r.. heA~., ,.~nl allOW. . s. you toma.kepufc. bas... ....s.:~..~!,I~g1?Yr. VI.SA:p'. ,lvIa~lercardcarq. (th,~ '9~.(d".t~~.rev"III. IS ,h,on. Oleda...l)IJ..,t.o.'.~...tC.I'Sh advances from us orany, oJl1er.wtl).gipilti!19. . . .'~q.~ant[llLfll'!ilYjiO~ ~~pfj;.Automaled Teller Machrne:sJ'QPl)""mence cliec~~rnay also be provIded ,1Q ypua~ anaa_ilfho~ll1 way:t"~se,!I1'l);\f<liifnl". In this Agreemenl, 'you' alilr'ytl)!!;',J1)ea,l!, <, , .. ~,~ach~per:sen.~(1,yJ~~~e_' ~ave opened a credJt car.dAccdUM;)!~W€1)~~~t~no~rs,. and, "us', ri1ean:P{ovltl~D~:N~\dfa:e):~Wbr Its as~lg'n~e's'; as' Usted on your Dilling statement. The'AcC8fii)f)T!WD,~':" )." " "" used only'fOr,p-flrsonal, family, household, and chantable p(IfPpses" and not for any business or commerclalplJtp~' {{ny use of thIS Account shall constitute acceptance of the ferms of ,this :::'-< Agreement. You and we agree as follows: Paym~nts.. You will receive a monthly statement showing your outstanding balance. Payment on this Account is required in U.S. dollars (checks must be payable at a U,S. office of the bank the check IS drawn on) fo~ at least the payment due as shown .on your statement by the payment due date in accordance with payment instructions on your monthly statement. Convenience checks and other checks we Issue to you may not be used to make payments on your Account or to make payments on any other account you have with us or our affiliates. The payment due will be: 2% of the new balance shown on your state~ent plus the a~ount .of any past due payment, pl.us the amount by which the new balance exceeds your credit line. However, the payment due will not be les~ than ~1? (unless your new balanl?6ls less than $15, In .whlch case the payment due Will be the amount of the new balance). If your Account is past due or,above the credit line, we may require a higher mInimum payment, but we will not.lfy you before dOing so. If your pay~e~t i~ mo~e than the payment due, it ~i!1 be ~ted as ~ single ~ment and none of it will be: applied to future payments dUe. We may accept late or partial payments, or payments marked 'paid In full or marked With other restnctlons, Without lOSing our right to collect all amounts OWing under lhis Agreement. " Credit Review: Special Requirement In order to keep your Account in good standing, you agree not to significantly increase the ameunt of your total debt an unsecured revolving acCounts. We will review your Account and credit prafile regularly to'evaluate the amount yau owe relative to the amaunt of yaur then current income. (We consider an increase in debt of more than $2,000 to be significant, unless you have sufficient income.) If we determine that yaur Account is nat in good standing, your ANNUAL PERCENTAGE RATES (APR) for purchases, custam cash, and cash advances may be Increased. Finance_ Charges. Except as described in the Grace Period for Purchases section of this Agreement, finance charges begin to accrue on a debit when it is included in one of your daily balances and continue until that balance is teduced by a payment or credit. Your Account has three balances: the Pu(chase Balance, which consists of your existmg Purchase Balalice and new purcnases you make with your Card and fees for certain optional services; the Custam Cash Advance Balance, which consists of your existing Custem Cash Advance Balance and certain balances that you transfer to your Account using balance transfer checks and balances that we ,transfer for you; and the Cash Advance Balance which consists of all other cash advances. Any payment amount we receive that exceeds the finance charges and fees then due will ordinarily be applied -first to the Balance with the lowest Annual Percentage Rate (APR), until that Balance is zero, and then to the Balance with the next lowest APR, until that -Balance is zero, and then to any remaining Balance. We reserve the right to apply payments differently without further notice. The Purchase, Custom Cash Advance, and Cash Advance Balances are reduced by payments as-of the date received, and by credits (except for reversals of late, over-limit, and miscellaneaus chal;ges) as of the date posted. Purchases are included in your Purchase Balance as of the date made. Custom cash advances are included in your Custom Cash Advance Balance as follows: funds electronically transmitted to ather lenders to transfer balances, as of the date transmitted; checks to transfer balances as of the date presented to us. other cash advances are included in your Cash Advance Balance as fallows: cash advances from other financial institutians and through Automated Tellers, as of tile date made; cash advance checks made payable 10 you that are identified, as cashje~s checks and mailed tQ you at your request, as of sev~n days after the ~te we print on the check; all other checks, as of the date presented to us. Other debits (except for late, over-limit, finance, and miscellaneous charges) are included in yaur Purchase, Custom Cash Advance, .or Cash Advance Balance as .of the date posted. Finance charges are added to yaur Purchase, Custom Cash Advance, and Cash Advance Balances each day and are then posted on the last day of the billing cycle, There is na grace period for custom cash advances or ather cash advances. To figure the daily finance charge for each type of Balance,'we start with your previous day's Balance, add all debits and subtract aU credits for the current day and multiply the net amount by the applicable daily periodic rate (see following paragraphs). The finance charge for each type of Balance is then added to and included in that day's Balance. We'treat a credit balance for any day as zero. We det~rmine the, total finance charges on' balances for the'billing cycle'by adding together the finailce charges for each type of Balance for each day within the billing cycle. In calculating finance charges, an adjustment will be made for any transactian or payment that would have affected th~ finance charge calculation in a prior billing cycle had it been pasted in that cycle. ne applicable daily periodic rate for such a transaction will be the rate in effect for the current billing cycle rather than the rate in effect on the date of the transactian. Your statement includes an average daily balance for each type of Balance, You can multiply each avelrage daily balance that is not zero by the number of days in the billing cycle and the periocflC rate to obtain subtotals, and then add the subtotals together to determine your total finance charges on balances far the billing cycle. If a cash advance transaction fee is charged, thai amount is also a finance charge. The ANNUAL PERCENTAGE RATE (APR) for puttheses is 23.3%, corresponding 10 a daily periodic: rate of 0.06384%. The ANNUAL PERCENTAGE RATE for custom cash advances is 23.3%, corresponding to a dai~ penedic rate of 0.06384%. The ANNUAL PERCENTAGE RATE for cash advances is 23.3%, corresponding 10 a dai~ periodic rate of 0.06384%. If you do not comp~ wilh the terms of this Agreemenl your ANNUAL PERCENTAGE RATE for purchases will be 23.3%, corresponding to a daily periodic rate ot 0.06384%; and the APR for cash a'!Vances and custom cash advances will be 23.3%, correspa~ding ta adaily periodic rate. ofO.0638~'ro... Your Account may be eligible for the lower regular APRs after you have met the terms of this_Agreement for three months. if you contact us we will reVIew your Account to determine your eligibility for the lower APRs. Grace Period for Purchases. New purchases posted to your Account in billing cycles with no previous balance, .or when the previous balance was fully paid during the cycle, do not beQirl to incur a finance charge until the start ofIhe next billing cycle. You will pay na finance charge on such new purchases if you pay the total new balance in full by the payment due date shown on your statement. New purchases pasted in any other billing cycle incur a finance charge, and there is no penod in which such purchases may be repaid withaut incurring a finance charge. Fees. We will charge 'jour Account up to $0 for, each Card yau ask us to replace', each returned payment check; each chee\( you write on your Account that we retum unpaid', each stop payment order or renewal of such an order; each billing cycle within which your Account is delinquent (late charge); and each billing cycle within which your balance exceeds yeur credit line, even if your Account is clased. If you request copies of billing statements that were first sent to you more than three months earlier, we may charge a handling fee of $2 for each such copy. A cash advance fee of 3% (minimum $5) may be charged for each cash advance transaction made on yaur Account: Default You will be in default: jf any informatian you provided us praves ta be incomplete .or untrue; if you do not comply with any part of this Agreement; upon your death, ba,nkruptcy, or . insolvency; if you do not pay other debts when due; if a bankruptcy petltion is ~Ied by or aga.inst.y.ou; or if we believe in goad faith that "you may not payor perform your obligatians under thiS Agreement. If you are in default we may, without further demand or notIce, cancel your credit priVileges, declare your Account balance Immediately due and payable, and use any remedy we m?y have. In the event .of your default, the .outstanding balance on your Account shall continue to accrue interest at the APR{s) disclosed in the Finance Charges sectian .of this Agreement, even If we have filed suit tQ collect the amount you owe, Credit Line. Your credit line is specified from time to time in a separate notice. We may increase or decrease your credit line based on informatian we obtained from you or your credit records. Your available credit is narmally the difference between your credit line and your Account balance (including transactians made or authorized but not yel posted). If you send us a large payment check, we may limit your available credit while we confirm that the check will clear. For certain transactions, available credit may be less. You will not use your Account for, and we may refuse to honor, any transaction which would cause you to exceed your available credit. Promise to Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Account (even if the amaunt charged exceeds your permission), all other transactians and charges to your Accaunt, and collection costs we incur including, but not limited to, reasonable attorney's fees and court costs, (If you win the SUIt, we will pay your reasanable attorney's fees and caurt costs.) Changes. After we provide you any notice required by law, we may cha.nge any part of this Agreement an~ add or remove requirements. If a ,change is made to the F!nance ~harges section of this Agreement, the new finance charge calculation will apply to your entIre Account balance from the effective date of the change. Changes WIll apply to balances that Include Items costed te WL Account before the date of the chance, and will apply whether or nat you cantinue to use the Account Foreign Exchange/Currency Conversion. If you use your Card for transactians in a curr~ncy ather t~an U.S. .dollars, the transactions will be converte~ ~o U.S. dollars, ge.nerally using eithe:r a ()) government-mandated rate .or (ii) wholesale market rate in effect the day before the transactIon processmg date, Increased ,by five percent (5%). If a credit IS subs~quently glVe~ for a transaction, Jt will be decreased by the same percentage. If the credit has El different p~cessing date, th~n the exchang~ rate of the credit ~n be greatertless than that o,f th~ onglnal transaction. The currency conversion rate on the day before the transaction processing date may differ from the rate In effect at the time .of the transaction or on the date the transaction JS posted a~ your Account. You agree to accept the converted amaunt in U.S. dollars. The Card; Cancellation. You may cancel your credit privileges at any time by natifyi.ng us in writinl} and destraying the 9ard(s). Upan frle Card ~ratian ~t the end of the month s~own on it, we reserve the right not to renew the Card. We may cancel the Card and your credit priVlleges at.any time after 30 days notice to you, or wlt~a.ut notice If permitted by I~w. Ify~ur. Card IS cancelled or not renewed, finance charges and other fees will continue to be assessed, payments will contln~e to be due, and all other applicable pravlslons of this Agreement Will remain In e:ffect. If you terminate yaur credit privileges, or if we cancel or do not renew the Card, you may na longer wnte checks on yaur Account, and you should destroy any unused checks we have Jssued to yau. Personal Information; Documents. You will provide us at least 10 days n<?tice if you ~h~nge yo~r name, home o:r mail!ng addr!*is, tel~hone n~mbers, employ~ent or income. Upo~ .our . request, you will prOVide us additional financial Information. We reserve the nght ta obtain information from others, IncludIng crecilt reporting agencies, and to provide yaur address and mformatlan 1f'"....;.."^....I ,"," ~,.^_^l 1..f)II~ 1l~(IQI III1~Q~~~a71l~na~(Ik ~(\AO 0'0 Z561 III.Jilr ~~ '"""' -"-~~- d~~"" " .~.~. "J..........", about your Account to ot,hers. We m~v also share_information with our affiliates. ~ver vou may writ~ to us at anv ti.me instructina ~5' not 10. share cr~dlt information with our affiliates. 1f you " do not fulfill your obligations under this Agreement, a Ilegative credit 'report that inay renee! on your credit may be submitted to the credit reporting agencies. . Customer Service: Unauthorized Use, Loss, or Th~ of Checks or the Card. Each Card must be signed on receipt. You are responsible for safeguarding the Card, your Personal Identification Number ("PIN", which provides access 10 Automated Teller Machines) and any checks issued 10 you fl"?m theft, and keeping your .PIN separate f~om your Ca~d. If you discover or suspect that your Card, PIN, or ~nv unused ch~ks ,~re lost or,stolen, or that there may be an unauthoriz,ed tra~sac~l~n on you~ A~ount, you Will promptly notify ~s by calling 1-80~33~7~1: So we can Immedia~IY'.actlto,J"Tllt.l~s~s, and llabllrty, YQ\l- wllLph<Jne us-,~ep)h9ugh you m.ay alsj) ~Otl_fy us I~ writing, Your liability for unaut~~(l~ed u~e,:Qcc~rr1ng before you notify us IS Ilmlted'~o_;,$50, _ If you - r@o~:nj\r;~~Sl:J~t.u~~~,~~~ use ofy~y~A~99~ttt,.~w~'maY;'$q~,p'~nd your~}~~itJI~V:1I~~~ until we ~esolve the problemJo 9~,"'~~!,~sfa9~~on or. Issue you a new Car~,. If yo~rpard;~rI9x!:e~. stolen; ~iR\iflrt1(QtnptIY'-aestroy'all'che<:KS In your. p'ossessibit' -fOilrtiprove customer servlce'and secunty, you agree that your callS'-ltIay bermonltored or recorded. , ' '" -",". '< '_ "..~-~,"'i: " , ,....._,~ " _ ,_-,~~' - '-"~',:_ ,.........~,,' -,"',,-"-'_-~::"'" ,.,;t,:':_,~<'("""", '_',' ...." ., .. ",_-~y.".., ~if.,.~::. y..~. .... aeiati.. ....oiis....w., e;wili ~t be- ]jabJ~:tf.an.y'.persoo-Or'_'~: - . . ller._~.. .I]iij. '..,~r~." ~.tJo,nor the Card or acc~Pt1qu.:,:r#i.:'e..c...'s. .'. o. r la..U~ to re,t~rn the Card to you, We, have na:....~~.'~.:. o.~.'~~jlity for'g,,;... .~_JlII",hasedwi1h the GlIrdlOtcllocKs. uiied1l9'rilW}I~~ecial Rule below.) Certain benel(tl\'lll~ta!e:,avall~ble wlll1 the Account are prQvlded byJ.\l_', vendbrs:'~, e areilot responsible for the quality, aV811ablh of any oT the services you choose to use, " .' -, . :l.W." ,t Stop PaymentOrdtus.' lfyou wish to st,OP payment an a check, you may send us a stop payment order by writing to us at our address for customer service listed on your.sta~ement. ,You can make a stop payment order orally by calling the number listed on your statement. When you make a stop payment order, you must proVIde your Account number an9, speCIfic Informalton about the check: the exact amount, the date on the check, the I)ame of the party to whom it was payable, the name of the person who signed it, and the check number, You Will be asked to confirm an oral stop payment order in writing. We m disre ard our oral orde if we do not receive a si .oed written confirmation within two weeks after the oral orde or if we have not received an adequate description of the item so that payment can be stopped. The order will not be effective if t e check was paid by us before we had a reasonable opportunity to act on the order. We may, without liability, disregard a written stop payment order six months after receipt unless it is renewed in. writing. Standard-of Care. Because this Account involves both credit card and check transactions which are processed through separate national systems before the transactions are consolidated by us, and because not every check and Card slip will be sent to us, transactions in your Account will be processed mechanically without our necessarily reviewing every 'item. 9ur processing system will call our attention to certain items which we will examine, We will 'examine all transactions when you report that your Card or checks have been lost or stolen. We do not Intend ordinarily to examine all items, and we will not be negligent if we do not do so, This rule establishes- the standard of ordinary care which we in good faith will exercise in administering your Account. Because of our limited review, and beCause neither your c_ancelled checks nor Card trans_action slips will be returned to you with the monthly statement, you should be careful to el').ter all checks in your check register or otherwise keep a r~cord of them, You should also save your credit card cash advance and purchase slips, You aaree to check your monthlv statements aaains! vour record and to notifv us immediatelY of anY unauthorized transacncjOs or errors. Waiver of Certain Rights. We may delay or waive ehforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. You waive: the right to presentment, demand, protest, or notice of dishonor; any applicable statute of limitations; and any right you may have to require us to proceed against anyone before we file suit against you. AppUcable LaW; Severability; Assignment. No matter where you live, this Agreement and your Account are governed by federal law and by New Hampshire law. This Agreement is a final expression of ,the agr,eement betw~~n you ~nd us and may not be contradicted by evidence of any all~ed ~ral agreement. if a~y p':Clvision of this Agreement ,is held to be invalid!lr ~nenfo~le, you and we Will consider that prOVISion modified to conform to applicable law, and the rest of the proviSIons In the Agreement Will stili be enforceable, At any time after we deterrmne In good faith ~hat any proposed or:enact~ legislation, regulatory astion, or judicial decision has ren~e:red or, may render any material provisions of this Agreem~nt invalid or u~enforc~le,. or imP!l5e any Increased tax, reporting reqUirement, or other burden In connection with any such prOVIsion or Its enforcement, we may, after at least 30 days notIce to you, orwJthout nolrce If permItted by law, cancel the Card'and your Credit ~rivileges, We m':lY transfer or assign our right to all or some of your payments, If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. Notices. Other n,otices, to you shall be ~f!ective ~hen deposited in the mail addressed to you at the addres~ shown on our records, unless a longer notice period is. specified in thj~ Ag~ment or by law, which penod shall start upon mallmg. NotIce to us shall be mailed to our address for customer service on your statement (or other addresses we may specify) and shall be effectIVe when we receive it. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE, This notice contains important information about your rtghts and our responsibilities under the Fair Credit Billing Act Notify Us in Case of Emirs or Questions About YQur Bill. If you think your bill is wrong, or 'if you need more information about any transaction on your bill, write us, on a separate sheet, at our addr~s for customer service listed on your bill, Wdte to us as soon as possible. We must hear from..yoti no later than 60 days after we sent you the first bill on which the e)ror or problem . appeared. You can telephone us, but doing so will not preserve your rights, In your letter, give us the fo!lowing information: - Your name and Account number. - The dollar amount of the suspected error. - Describe the error and explain, if you can why you believe there is an error. If you need more information, descnbe the item you are not sure about. Yow Rights an_d Our: Responsibilities. After We Receive Your Written Notice. We must acknowl~ge your letter within 30 days, unless we have corrected the error by then, Within 90 days, we ,must either correct the error or explaIn whyw~ believe the bill was correct, After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can con~nue t~ bi!l you for the amo~nt y~u question, mcluding finance charges, and we can' apply any unpaid amount against your credit line, You do not have to pay any questioned amount while we are Investigating, but you are slrl! obligated to pay the parts of your bill that are not in question, ::' If we find t,hat we made a mistake o,n your bill, you wilt not have ~o pay any finance ~harge related to,any questioned amount. If we didn't make a mistake, you may h~~ to pay finance charges, and you WIU h~e to make up the missed payments ?I'l the questIoned amount. In either case, we Will send you a statement of the amount you owe and the date that It IS dUe. If you fail to pay the amount we think you owe, we may rep~rt you as ~hnquent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that you stfll refuse to pay, we must tell anyone ~e report, you to that you question your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been setti.ed between us when -It finally IS, lfwe don't follow these rules, we can't collect the first $50 of the questioned amQunt, even if your bill was correct. . Special R~/e for Credit Card Purchases. If you have a problem with the quality of the property or services that you purchased with our credit card and you have tTied in good faith to correct the problem With th~ merc~8!1t, you may not have ~o pay the remaining amount due on the goods or services. There are two limitations on this Tight (a) you must have made the purchase ilryour home state, or If not Within y,our hom~ state, Within 100 miles of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or If we mailed you the advertisement for the property or services, :i~~ .'" . - ~ < ~, I -"'~ '..' AFFJDAVIT I, DARLA ANTONE , Designated Agent of Providian National Bank Plaintiff herein, verify that the statements of fact contained in the foregoing Complaint 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. Date J{J(MA~ . Affiant Title DESIGNATED AGENT Address . "V' IUllII'ol t:l:\NCORP '\lATIONAllEGALUNIT PO BOX 9053 ), F ASANTON, CA 94566 City, State and Zip 1 itlilllill ~ ~ ~ I!lIlL () ~~ ~ ........ r6" ~ -{,q --0 .vt J ( p::i;J ~7-- ~ ;, ~ hO o ~ ~ v " "8 ~ -rJ iT;' mn-' :z: ~~\ 7(." ~E; .~ p.r:-.. Z'..' --0 Pc Z =< ...0 _ a.c..,... B 0" 01 " --1 ~ f'::~iJ t ,-,~(D N ;-; I 5r \~~ - Or" ~ S:J -< . - .. y __k ~ ^ '=,;~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-00599 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PROVIDIAN NATIONAL BANK VS RODDY-DUNCAN MARY C SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RODDY-DUNCAN MARY C the DEFENDANT , at 0018:50 HOURS, on the 4th day of February, 2000 at 2607 WARREN WAY MECHANICSBURG, PA 17055 by handing to MARY DUNCAN 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 Service Affidavit Surcharge So Answers: 18.00 7,44 .00 10,00 .00 35,44 ~fJ?.c~~t . Thomas Klin 02/07/2000 APPLE & APPL ~ Sworn and Subscribed to before By: me this 02<; ~ day of ;/4".. y d-D75U A.D. n ' Q. fku;~~( ~ ~othonotary - _,_J ~~, ~~;, ,.. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 2000-599 IN CIVIL ACTION -vs- Plaintiff(s} MARY C. RODDY.DUNCAN PRAECIPE FOR DEFA ULT JUDGMENT Defendant(s} CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No, 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E, Hausman, Esq. PA I.D, No. 42096 APPLE AND APPLE, P.C. Firm No, 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 ,j'- ~. ~. ~_'",-, ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 2000-599 IN CIVIL ACTION -VB- PlaintijJ(B) MARY C. RODDY-DUNCAN Defendant(B) PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the above-named Defendant( s) in Default of an Answer, in the amount of $24,884.64, computed as follows: Amount named in Complaint $ 15,919.97 Interest from March 25, 1999 to March 25, 2000 on $15,919.97 3,658.54 Attorney Fees 5,306.13 Payment TOTAL $ 24,884.64 I certify that Notice of the intention to enter this Judgment was given pursuant to Pa, R.C,P, 237.1. A copy of said Notice is attached, and was mailed on April 6, 2000 by Regular mail, postage prepaid and, addressed as follows: Defendant: Mary C. Roddy-Duncan 2607 Warren Way Mechanicsburg, PA 17055 APPLE AND APPLE, P.C. Dated: 4' ,QJ ';1 I ~C;Od By: (ti2CJr Attorneys for Plaintiff(s) ~- L " -:'1,., <'- , - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PROVIDIAN NATIONAL BANK NO. 2000-599 IN CIVIL ACTION -vs- Plaintiff(s) MARY C. RODDY-DUNCAN De'endant(s) Mary C. Roddy-Duncan 2607 Wanen Way Mechanicsbl1rg, P A 17055 Date of Notice: April 6, 2000 IMPORTANT NOTICE YOV ARE IN DEFAULT BECAUSE YOU RAVE FAILED TO ENTER A WlUTTEN APPEAR.ANCE PJ!)RSONAI,LY OR BY ATTORNEY AND FILE IN WRITING WITH THE CDURT YDVR DEFENSES DR OBJE.CTlONS '1'.0 THE Ct,AIMs $:E':l' FOR.TH AGAINST YDU. UNLESS Y.OU ACT Wl1THIN TEN DAYS FRDM TilE IlATE OlFTHIS NOTiCE, A JU'I)GMENT MAY BE EN'l'}:luD A<lAINS'I' YOU WITBOO'l' A If}:lAlUNG AND Y.OU MAY LOSE YOUR PROP}:lRTY.oR. OTHER IMPOB.'l'AN'l' IIll'GHTS. YOU SHOULI)TAKl!) THIS NDTICE 'I'D A LAWYER AT .o:!\fCE. IF YOU DO NOT HAVE A LAWYEB. OR CANNOT AFFORD DNE.J. G.o '1'.0. OB. TELEPHoNE THE FOLLOWING OFFICE 'I'D FIND .oUT WHERE Y.OU \,;AN GET LEGAL HELP. Cllmberlaad COllinty Bar Association 2 Libert~ Avenue Carlisle, P A 1 '1913 TelephoDe (117) 249-3188 Toll free: 1-800-990-9108 APPLE AND APPLE, P.C. ,_: - -, By: Ja'm~.'- Attorneys for PlaiiltHl'(s) 4650 Ballm Bcmlevard Pitt"urIA, PA 15213.123'1 Telephone (412) lNI2-1488 B"'" ~ " iI!ilW~iIiBili~Ili"-li -l_Lilll" ~- ~ --~~" ~- ~' ~ ~~ " . C 7V ~ ~ -.0 ~. f:::.. i 0 0 a C) g () c 0 '""1 <. -<: -o(~_r b,. ---J "<) nl(-J "0- ~ -V ~l} -'"" ~ ~ f',) ~ r (.;;:)-~:. (J_ [;t ~. IlJ' ~ ~~C) .... t , ff L....,_, ., ~~ h ~~ ',-} .r.::'" r.- :~1 -., f' '-!... -< en :::.8 -< ... .